The Regular Public Meeting of the Mount Olive Township Council was called to Order at 8:22 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. Buell, Mr. Rattner, Mrs. Labow, Mr. Tepper,
Mr. Tobey, Mr. Perkins, Mr. Greenbaum

Absent: None

Also Present: David Scapicchio, Mayor; William Sohl, Business Administrator;
John Dorsey, Township Attorney; Michelle Masser, Deputy Clerk; Sherry Jenkins, CFO

Questions on Bill List?

APPROVAL OF MINUTES OF PREVIOUS MEETINGS - none

CORRESPONDENCE

LETTERS FROM RESIDENTS / ORGANIZATIONS

1. Letter received August 6, 2007, from the U.S. Department of Commerce, US Census Bureau regarding participation in the Local Update of Census Addresses.

2. Letter received August 9, 2007, from the New Jersey Institute of Local Government Attorneys regarding the Fred G. Stickel Memorial Award.

3. Letter received August 10, 2007, from Gary Makus and Neighbors regarding sidewalks on Drakestown Road.

4. Letter received August 15, 2007, from Eileen Johnson (DAWN Center for Independent Living) regarding benefits of services offered.

RESOLUTIONS / ORDINANCE / CORRESPONDENCE OTHER TOWNS

5. Resolution received August 6, 2007, from the Township of Monroe regarding Financial Responsibility for the Cost of a Statewide Gypsy Moth Control Program.

6. Two Ordinances received August 13, 2007, from the Township of Byram regarding Land Use.

7. Two Resolutions received August 15, 2007, from the Borough of Madison regarding Polling Place Hours and Reporting of Lyme Disease.

8. Ordinance received August 17, 2007, from the Township of Roxbury regarding Land Use.

MUA / MSA

9. Letter received August 8, 2007, from the Morris County MUA regarding Recycling Inspections to Increase.

DOT / DEP / LOI / HIGHLANDS

10. Letter received August 6, 2007, from the State of New Jersey, Department of Environmental Protection regarding Inspection Notification, Weglinski Property Block 2801, Lot 54 (108 Sandshore Road)

11. Letter received August 6, 2007, from the State of New Jersey, Department of Environmental Protection regarding Alan Lee Brown Property Block 7600, Lot 68 (95 Mount Olive Road) Close Out Correspondence related to previous violation.

12. Letter received August 6, 2007, from Careaga Engineering, Inc. regarding Highlands Applicability Determination for B & G Real Estate Associates, Block 5401, Lot 12 (6 Laurel Drive)

13. Letter received August 7, 2007, from Flaster, Greenberg, Attorneys at Law regarding Affidavit of Service of Hearing for ARD Mount Olive Associates, LP Block 4400, Lot 79 (64 Gold Mine Road)

14. Letter received August 8, 2007, from the State of New Jersey, Department of Environmental Protection regarding Unrestricted Use No Further Action Letter and Covenant Not to Sue Block 8103, Lot 80 (3 Skansen Drive)

15. Letter received August 9, 2007, from the State of New Jersey, Department of Environmental Protection regarding Pending Stream Encroachment Application Applicant: NJ Foreign Trade Zone Venture Block 103, Lot 2.05 (350 International Drive)

16. Letter received August 10, 2007, from the State of New Jersey, Department of Environmental Protection regarding Extension of Time Request for Morris Chase / Morris Hunt Public Community Water System.

17. Letter received August 13, 2007, from the State of New Jersey, Department of Environmental Protection regarding Underground Storage Tank, Block 7801, Lot 4 (24 East Tudor Place)

18. Letter received August 13, 2007, from the State of New Jersey, Department of Environmental Protection regarding Morris Chase Block 4400, Lot 79 (64 Gold Mine Road)

19. Letter received August 13, 2007, from the State of New Jersey, Department of Environmental Protection regarding Approval of an Extension of a Transition Area Waiver – Averaging Plan and Withdrawal of an Application for Extension of a General Permit No. 11 Applicant: Toll NJ 1, LLC Block 4400, Lots 86 and 108 ( 39 Sovereign Avenue and 152 Flanders Netcong Road)

20. Letter received August 13, 2007, from Flaster, Greenberg Attorneys at Law regarding Highlands exemption – Block 4400, Lot 79 (64 Gold Mine Road) Morris Chase a/k/a Dyrham Wood, formerly Golden Hills.

21. Letter received August 16, 2007, from the State of New Jersey, Department of Environmental Protection regarding Enforcement Action for Block 8100, Lot 3 (357 River Road Single Family Home Construction)

22. Notice received August 17, 2007, from NJ Transit Corporation regarding Public Advisory Change to the Newark – Elizabeth Rail Link Alignment as Described in the Supplemental Draft Environmental Impact Statement.

MISCELLANEOUS

23. Letter received August 10, 2007, from Keith J. Miller regarding Ledger Extra / Mount Olive – Distribution of Newspapers.

24. Amended Schedule received August 13, 2007, from the Mount Olive Public Library regarding 2007 meeting dates.

DCA

25. E-mail received August 13, 2007, from the Department of Community Affairs regarding State Aid Payment, SFY 2008 Extraordinary Aid Applications, Computing Alliance, Property Tax Levy Cap, Sales Tax Clarification, Pension contributions, and Budget information.

LEAGUE OF MUNICIPLAITIES

26. Letter received August 6, 2007, from the New Jersey State League of Municipalities regarding League Seminar on “Retirement Planning and Pension Update.”

27. Letter received August 6, 2007, from the New Jersey State League of Municipalities regarding Nominations for the 5th Annual Award that will be presented at the 92nd Annual Conference of the New Jersey State League of Municipalities.

28. Letter received August 6, 2007, from the New Jersey State League of municipalities regarding League Seminar on “Budget Update and Levy Cap Law.”

29. Letter received August 17, 2007, from the New Jersey State League of Municipalities regarding 2007 League Conference Resolutions.

30. Letter received August 17, 2007, from the New Jersey State League of Municipalities regarding the Annual Business Meeting.

UTILITES

31. Fax received August 13, 2007, from Comcast regarding Music Choice.

32. Letter received August 15, 2007, from Comcast regarding Filipino SVOD and renaming of channels.

ORDINANCE FOR PUBLIC HEARING

President Greenbaum: The first Ordinance for Public Hearing is entitled:

Ord. #37-2007 An Ordinance of the Township of Mount Olive Granting Permission to Applied Wastewater Management, Inc. to Construct, Install and Operate Equipment, Pipes and Mains for the Operation of a Wastewater Collection and Treatment System Within Certain Designated Areas of the Township of Mount Olive Commonly Referred to as “Morris Chase.”

President Greenbaum: At this point I’ll open it up to the public and anyone who wishes to be heard on Ordinance #37-2007. That’s the sewer…

Mr. Dorsey: No, could we have a motion to continue the Public Hearing on both Ordinance #37 and #38 to the second meeting in September?

President Greenbaum: You want to do them both at the same time?

Mr. Dorsey: Yes, might as well hold them.

President Greenbaum: Okay, is there such a motion to continue the Public Hearing?

Mr. Tepper: So moved.

Mrs. Labow: Second.

Mr. Dorsey: The second Public Meeting in September, Michelle you have to help me, I don’t know what the date is.

Mrs. Masser: It’s going to be September 25th.

President Greenbaum: There’s been a motion on the floor which has been seconded. All in favor?

AYE

President Greenbaum: We will continue the public portion on Ordinance #37-2007 and #38-2007. That concludes Ordinances for Public Hearing.

Ord. #38-2007 An Ordinance Granting Permission and Consent to Applied Wastewater Management, Inc., to Construct, Install, and Operate Equipment, Wells, Pipes and Mains for a Water Supply System Within Certain Designated Areas of the Township of Mount Olive Commonly Known as “Morris Chase” and “Morris Hunt.”

ORDINANCES FOR FIRST READING – (Public Hearing September 11, 2007)

President Greenbaum: The Ordinance for First Reading tonight with the Public Hearing being September 11, 2007 is entitled:

Ord. #-39-2007 An Ordinance of the Township Council of the Township of Mount Olive Establishing No Parking, No Standing, No Stopping on Various Roads in Conjunction with the High School Construction project.

President Greenbaum: Is that going to be amended?

Mr. Dorsey: Yes, why don’t you just take that off and I’ll redo it.

President Greenbaum: Okay we’re going to take that off as well. We’re just zipping right through.

Mr. Tepper: Thank you Mr. Dorsey.

President Greenbaum: I tell you we’re just going to save a lot of energy tonight.

Mr. Perkins: Let’s turn these lights off now.

CONSENT RESOLUTIONS AGENDA:

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

CONSENT RESOLUTIONS

1. Resolution of the Township Council of the township of Mount Olive Authorizing the Settlement of the Tax Appeals Filed by Flanders Valley Business park for the Years 2006 and 2007.

2. Resolution of the Township Council of the township of Mount Olive Authorizing the Settlement of the Tax Appeals Filed by Kings Village for the Years 2006 and 2007.

3. Resolution of the Township Council of the Township of Mount Olive Authorizing the Retention of Barry J. Krauser and Matthew Krauser of the Firm of Integra Realty in Connection with the Acquisition of the “Access Parcel.”

4. Resolution of the Township Council of the Township of Mount Olive to Authorize the Submission of an Application to the Morris County Open Space and Farmland Trust Regarding Budd Lake Public Access.

5. Resolution of the Township Council of the Township of Mount Olive Authorizing a Grant Agreement with the Morris County Historic Preservation Trust Fund, for a 2007 Grant Award for the Seward House.

6. Resolution of the Township Council of the Township of Mount Olive Authorizing Matching Funds for a Morris County Historic Preservation Trust Fund Grant.

7. Resolution of the Township Council of the Township of Mount Olive Authorizing the Omission from Tax Sale Certain Properties.

8. Resolution of the Township Council of the Township of Mount Olive Authorizing the Withholding From Tax Sale Special Assessment Installments Not Yet Due.

9. Resolution of the Township Council of the Township of Mount Olive Awarding a Contract to Topline Construction for Resurfacing of Naughright Road.

President Greenbaum: Does anyone wish to have any of the nine moved to the Non Consent Resolutions Agenda? Seeing none, I would ask that Mrs. Labow move the Consent …

Mr. Rattner: …public portion?

President Greenbaum: No. Seeing none I would ask Mrs. Labow to move the Consent Resolutions Agenda.

Mrs. Labow: Thank you Mr. President, I’d like to move Consent Resolutions 1 through 9 for approval.

President Greenbaum: Is there a second?

Mr. Buell: Second.

PUBLIC PORTION ON CONSENT RESOLUTIONS

President Greenbaum: At this point I’ll open it up to the public for anyone who wishes to be heard. Mrs. Murphy?

Mrs. Murphy: Speaking from the audience.

President Greenbaum: Take Number 4 off?

Mrs. Labow: Alright, so change my motion?

President Greenbaum: Yes, change your motion.

Mrs. Labow: I’d like to amend my motion to remove Resolution number 4, and approve Resolutions 1 through 3, and 5 through 9.

Mr. Perkins: Second.

COUNCIL COMMENTS ON CONSENT RESOLUTIONS

President Greenbaum: Any public discussion on 1 through 3, and 5 through 9? Seeing none, any Council discussion? Roll Call please.

ROLL CALL – Passed Unanimously

RESOLUTIONS NON CONSENT

President Greenbaum: We have one item on the Non Consent Resolutions Agenda. It’s Resolution number four entitled:

4. Resolution of the Township Council of the Township of Mount Olive to Authorize the Submission of an Application to the Morris County Open Space and Farmland Trust Regarding Budd Lake Public Access.

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

Mr. Tobey: I move Non Consent Resolution number four.

Mr. Perkins: Second.

PUBLIC PORTION ON INDIVIDUAL RESOLUTIONS

President Greenbaum: Moved and seconded. Anyone from the public? Mrs. Murphy.

Mrs. Murphy: This evening we have a resolution in front of the Council to authorize our application to the Morris County Open Space and Farmland Trust for 2007. Our application this year consists of three lots under one application to purchase the Boat House Restaurant, and the parking lot across the street from it, and the nine acre water lot that is facing Netcong Road. By doing this, if we can purchase this property, it would improve access to Budd Lake for the public, and give them better parking for boats and trailers to be put into the Lake. It would also improve the situation with the Town owning the boat ramp there. So we’re negotiating with the owner and things are moving along fine.

COUNCIL COMMENTS ON INDIVIDUAL RESOLUTIONS

President Greenbaum: Thank you. Anyone else from the public on this? Anyone on Council? Roll Call.

ROLL CALL – Passed Unanimously

President Greenbaum: Mr. Perkins do you want to move the Raffle Applications please?

MOTIONS

Mr. Perkins: Yes, Mr. President, I move for:

1. Approval of RA #2206 and RA #2207 for the Mt. Olive High School Parents Club.

Mr. Tepper: Second.

President Greenbaum: Any discussion? Roll Call please.

ROLL CALL: Passed Unanimously with the exception Mrs. Labow abstained

2. Bill List

President Greenbaum: Mr. Rattner do you want to move the Bill List?

Mr. Rattner: Thank you Mr. President, I move the 16 page Bill List as submitted.

Mr. Perkins: Second.

President Greenbaum: Any discussion? Mr. Buell.

Mr. Buell: Yes, reviewing the invoices I couldn’t help but notice the Nextel wireless communication bills. The monthly charge for a Nextel, $328.00, $279.00, $279.00, $292.00, $284.00 on page one. Another Nextel is $284.00. On page 11, $292.00, and page 12 there are two charges for $279.00. My cell phone bill is maybe $100 a month. I reviewed some of the minute by minute charges on some of the charges, but I have no idea what I am looking at. I would like to schedule at some point in time, under Old or New Business, a discussion of both the managerial and the accounting controls on not only the Nextel cell phones, but all cell phones.

Mr. Rattner: Put that down Michelle to talk to the Council President about it.

Mr. Buell: You know, just my only comment here is that these charges sound excessive to me.

Mr. Rattner: Okay anything else?

Mr. Buell: No that’s it.

Mr. Rattner: Did we ask for the Public Comment already?

Mrs. Masser: No.

Mr. Rattner: Yes, before.

Mrs. Masser: Okay, so we’re up to Roll Call. Does anyone else have anything to say?

ROLL CALL: Passed Unanimously. Mr. Greenbaum was absent.

ADMINISTRATIVE MATTERS

Mayor Scapicchio: Steve, I would just like to read this Proclamation into the record please.

Mr. Rattner: Sure.

Mayor Scapicchio: A Proclamation Honoring September as Ovarian Cancer Month.

Whereas, ovarian cancer is called the “silent killer” because its symptoms are often vague and subtle; and

Whereas, ovarian cancer is the fourth leading cause of cancer death among women and the leading cause of gynecologic cancer death in the United States; and

Whereas, each year more than 22,000 Americans are diagnosed with the disease and approximately 16,000 die from it; and

Whereas, if detected in its early stages, survival from ovarian cancer is 90-95 percent. Yet the five year survival rate for the disease is only 28 percent, because it is so difficult to detect early; and

Whereas, the Kaleidoscope of Hope Foundation (KOH), a local non-profit co-founded by ovarian cancer survivors Gail MacNeil of Chatham Township and Lois Myers and Patricia Stewart of Harding Township, raises funds for ovarian cancer research and to increase awareness of the disease and its symptoms, and wishes to remind the public that September is Ovarian Cancer Awareness Month; and

Whereas, KOH will be holding its annual Walkathons on September 16 at Loantaka Brook Reservation in Morristown starting with special guest speaker Richard J. Codey; on September 29 at Avon and September 30 at Richard De Korte Park in Lyndhurst.

Now therefore, be it proclaimed that I, David M. Scapicchio, Mayor of Mount Olive Township do hereby proclaim, September as Ovarian Cancer Awareness Month in the Township of Mount Olive.

President Greenbaum: Thank you. Are there any other Administrative Matters?

Mayor Scapicchio: None.

OLD BUSINESS - none

NEW BUSINESS - none

LEGAL MATTERS

Mr. Dorsey: I would just say this, in the litigation involving Dattolo they have made some very serious accusations against both Lisa and Michelle. Accusations for which, as far as I’m concerned, there’s absolutely no factual basis. They’ve accused them of destroying documents that relate to the litigation. It’s a preposterous claim to make. The technical term, legal term is spoliation, and they of course also accuse them of destroying documents at the request of probably myself and members of the Council. I have to say that they took Michelle’s deposition last week. I don’t know if I dare say she did a better job than Lisa, but she certainly did as good a job as Lisa. Of course, I think it preposterous to think Lisa would destroy anything I asked her to because she knows she’d rather shred me than shred any of the files. I have to say that these are terrible accusations to make against these girls, and I have to say that Michelle did an excellent job defending herself, defending the office and we were really proud of her. Also, as I pursue the matter of trying to correct the EDU accounts, I’ve had wonderful cooperation from Rose Barsanti the Tax Collector. I think she’s on roller skates from her office to Bill Sohl’s office to get back on the phone with me. We’ve had to make a lot of, you know, we’re really trying to get these monies in and she’s been faced with doing a lot of things she’s never been called on to do again. I’m very pleased to tell you that the owners of Wild Geese have been terribly responsible. They came in and Rose spoke to them and called me, she spoke to Bill, she calls me, and I think we’ve worked out their problem entirely to the Township’s satisfaction. It’s very good for the system. Rose has done a great job.

COUNCIL REPORTS

President Greenbaum: Thank you very much. We’re up to Council Reports.

Recreation Liaison Report

Mr. Tobey: Nothing to report.

Board of Health Report

Mrs. Labow: Nothing to report.

Planning Board Report

Mr. Tepper: The number one item on the Planning Board Agenda this week was the Simoff property. They came back in with a new proposal. The Planning Board in general is looking very favorable towards it, and we’re going to have another hearing on the 20th. They’ve come back with lesser units, making improvements where the COAH housing was located and the size of it, and they’re talking about road improvements as well. So we’re looking forward to hearing the final presentations by their experts.

Mr. Dorsey: Just one other thing if I may, we’ve had this ongoing battle and Jack Marchione has participated in it, with ARD’s tax assessment. We had their appeal of their tax assessment for 2006 at $23 million dismissed by the County Board of Taxation. They then appealed to the tax court, and Judge Kuskin dismissed their appeal on the basis of lack of prosecution. They then called up Fred and said we just found out something that we didn’t know before. We found out that our principles at ARD had previously been represented by Judge Kuskin. Well Judge Kuskin did an enormous amount of tax work, but he’s been on the bench for over ten years. So they wrote to Kuskin, and he wrote them back and said, “Guys, forget it. Make a motion for reconsideration. You’re not going any place.” So, the battle with ARD goes on. I’m sorry.

President Greenbaum: Thank you. Board of Adjustment Report, Mr. Perkins.

Board of Adjustment Liaison Report

Mr. Perkins: Yes, Mr. President, it was business as usual. Hashemi for Meineke on Route 46 is carried until November 19th.

Open Space Committee Report

Mrs. Labow: We meet next month.

Legislative Committee Report

Mr. Buell: Nothing.

Pride Committee Liaison Report

Mr. Perkins: Yes, Mr. President, the mulch was put down along Plaza Road down in Flanders along the bushes. They’re trying to negotiate with Zoning right now to put up some temporary plastic signs just to basically recognize and thank the folks for doing it.

Board of Education Liaison Report

Mr. Buell: They met last night, and although there was some very lively discussion about one contract with Bayada Nursing, and also the fact that the seven members of the Board of Education are going to the State Conference, nothing else really to note here for us.

Lake/Environment Issues Committee

Mr. Rattner: I have a scheduled presentation by the Committee that’s been working all summer for the first Workshop in September.

Safety Committee Liaison

Mr. Perkins: No meeting Mr. President.

Finance Committee Report

Mr. Rattner: Meeting tomorrow night.

Economic Development Committee Report

Mr. Rattner: We had a short meeting this past weekend. They’re working on a marketing plan and the primary product of that is going to be a brochure. It’s something that would put Mount Olive in the best light for potential businesses or industries that would like to come to town.

Solid Waste Advisory Committee Report

Mr. Labow: We meet next month. I just want to point out that I have reached out to Mr. Robinson from the Board of Education. He’s going to be looking into a member, as Mayor Scapicchio had said that he would appoint somebody from the Board of Education to SWAC, so that we can work with the schools to make sure we’re recycling absolutely everything that we can.

Library Board Liaison

Mr. Tepper: The construction on the handicapped parking is nearly complete. We should receive notice hopefully by our next Public Meeting that it has been successfully completed after a long overdue process.

Mrs. Labow: Very good.

PUBLIC PORTION

President Greenbaum: At this point I’ll open it up to the public. Mr. Ireland please state your name and address.

Scott Ireland, 6 Eric Court: I’m just a bit confused as to the direction of the Council and where they’re going with the ordinances for parking.

President Greenbaum: Parking restrictions are going to remain the same.

Mr. Dorsey: We’re going to adopt a new ordinance, put the old restrictions in, and let it work successfully.

President Greenbaum: The ones that are in place now will remain in place, nothing new.

Mr. Ireland: Because the way I read this it’s going to, it’s written in conjunction with the High School project which is…

President Greenbaum: That’s what’s being changed.

Mr. Tepper: That was the Sunset Clause.

President Greenbaum: That’s being taken out. There are no additional restrictions being placed at this point in time, and we’re not going to ease any of the restrictions which are currently in place without the residents who live on those streets indicating that they are in favor of such. Okay, thank you. Mr. Russell, you had something? Please state your name and address.

Nelson Russell, Budd Lake: In terms of Correspondence, item number 23 is a letter from a law firm regarding delivery of the Ledger Extra, with a serious citation saying that it could not be banned because of freedom of the press, and cannot be done under the littering laws. However, in the letter they say they would consider, in order to avoid litigation, “do not distribute lists.” I’d like to see if the Administration could go ahead and follow up on that, and perhaps put up a new “do not distribute list” sign-up on the Municipal website.

Mrs. Labow: That is a good idea.

President Greenbaum: Mr. Sohl?

Mr. Sohl: Yes, I spoke to the attorney for the Star Ledger, and as he indicated in his letter they do not have a problem with having a do not deliver list.

President Greenbaum: Can we put something up on the website?

Mr. Sohl: That’s the intent. He was on vacation last week, and he just got back to me this week. Bottom line is that there is a 1-800 number that anybody can call right now.

President Greenbaum: Well we need to put something on the website that alerts the residents of Mount Olive.

Mr. Sohl: My intention is to expand that to all of the free delivery papers.

Mr. Russell: I have no problem with the Netcong Weekly which comes by mail, because they just throw it in the mailbox and they pay the postage.

Mr. Sohl: There are two or three of them that get free delivery.

Mr. Russell: The ones that end up in the middle of the driveway and clog the snow blower are the one’s I want to get rid of.

Mr. Sohl: Very well.

President Greenbaum: Thank you. Anyone else from the public? Seeing none, I close it to the public.

COUNCIL COMMENTS

ADJOURNMENT

Motion was made and seconded, all in favor and none opposed, the meeting was adjourned at 8:41 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 September 11, 2007.

______________________________________
Lisa M. Lashway, Township Clerk

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