COUNCIL MINUTES - AUGUST 19, 2008

The Regular Public Meeting of the Mount Olive Township Council was called to Order at 7:35 pm by Council President Perkins 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. Roman, Mr. Tobey, Mrs. Labow, Mr. Tepper, Mr. Greenbaum, Mr. Rattner, Mr. Perkins

Absent: none

Also Present: Sherry Jenkins, CFO; Dominic DiYanni, Township Attorney; Michelle Masser, Deputy Township Clerk; Bill Sohl, Business Administrator

Questions on Bill List?

President Perkins: That takes us to the Bill List. Anyone have any questions on the Bill List? Seeing none, I’m going to move us on. That takes us to the approval of Minutes, Mr. Greenbaum, for August 5, 2008.

APPROVAL OF MINUTES OF PREVIOUS MEETINGS

August 5, 2008 WS, CS & PM - Absent – Mr. Perkins

Mr. Greenbaum: So moved.

President Perkins: Do I have a second?

Mr. Tobey: Second.

President Perkins: Any Council comments or questions? Seeing none, Call the Roll, please.

ROLL CALL – Passed with the exception Mr. Perkins abstained because of his absence

CORRESPONDENCE

LETTERS FROM RESIDENTS/ORGANIZATIONS

1. E-mail received August 5, 2008, from the United Way of Morris County regarding the Live United Launch Party. PDF Correspondence

RESOLUTIONS / ORDINANCES / CORRESPONDENCE OTHER TOWNS

2. Resolution received August 4, 2008, from the Borough of Carlstadt regarding Resolution 170-2008 concerning Xanadu and the new Giants/Jets Stadium. PDF Correspondence

3. Resolution received August 12, 2008, from the Township of Randolph regarding opposition to the Third Round Affordable Housing Rules as Adopted by the Council on Affordable Housing. PDF Correspondence

4. Resolution received August 13, 2008, from the Township of Rockaway regarding Recognizing the distinct separation in the Highlands Act of Preservation Area And Planning Area Compliance With The Highlands Regional Master Plan. PDF Correspondence

5. Resolution received August 15, 2008, from the Township of West Milford regarding Open Space Farmland Preservation and the Highlands. PDF Correspondence

DOT / DEP / LOI / HIGHLANDS

6. Letter received July 25, 2008, from the State of New Jersey Department of Environmental Protection, Division of Water Supply – Water Supply Permitting Element, Bureau of Water Systems and Well Permitting regarding a Notice of Return of Application for Administrative Deficiencies, Morris County Municipal Utilities Authority (Mr. John Scarmozza). PDF Correspondence

7. Letter received July 25, 2008, from the State of New Jersey Department of Environmental Protection, Division of Watershed Management, Office of the Director regarding Combe Fill North Landfill and an Amendment Disapproval. PDF Correspondence

8. Letter received July 25, 2008, from Civil Engineering, Inc. regarding Lot 21 Block 17702, Jeffrey Olawski (325 Rt. 46, Ciel West Properties). PDF Correspondence

9. Letter received August 4, 2008, from the State of New Jersey Department of Environmental Protection, Natural and Historical Resources, Office of Engineering & Construction regarding the Morris County YMCA Dam. PDF Correspondence

10. Letter received August 4, 2008, from the State of New Jersey Department of Environmental Protection, Division of Watershed Management, Bureau of Watershed Regulation regarding Block 7000 Lot 82, the Rock Haven Property (69 River Road). PDF Correspondence

11. Letter received August 7, 2008, from the State of New Jersey Department of Environmental Protection, Bureau of Case Assignment & Initial Notice regarding a No Further Action Letter and Covenant Not to Sue (31 Ridge Road). PDF Correspondence

12. Letter received August 11, 2008, from Careaga Engineering, Inc. regarding revised and additional information for a Highlands Applicability Determination Application for S&H Country Builders, Inc. for 11 Clearwater Road. PDF Correspondence

13. Letter received August 11, 2008, from the State of New Jersey Department of Environmental Protection, Brownfields Remediation & Reuse Element, Northern Bureau of Field Operations regarding a No Further Action Letter and Covenant Not to Sue for the Montello residence, 2 Orchard Street. PDF Correspondence

14. Letter received August 11, 2008, from the State of New Jersey Department of Environmental Protection, Environmental Regulation regarding a Notice of Public Hearing for the Proposed FFY 2009 Priority System, Intended Use Plan and Project Priority List Document for Clean Water Financing. PDF Correspondence

DCA

15. E-mail received August 14, 2008, from the Department of Community Affairs regarding the CY 2008/FY 2009 State Aid payment and recapitulation, State FY 2009 information sheets, Statewide Non-Residential Development Fee Act, and Governor’s Conference on Housing and Community Development. PDF Correspondence

MSA

16. Minutes received August 8, 2008, from the Musconetcong Sewerage Authority regarding their July 2, meeting. PDF Correspondence

LEAGUE OF MUNICIPALITIES

17. Bulletin received August 4, 2008, from the State of New Jersey League of Municipalities regarding the 2008-2009 Legislative Session. PDF Correspondence

18. E-mail received August 4, 2008, from the State of New Jersey League of Municipalities regarding an Increase in Gas Rates. PDF Correspondence

19. E-mail received August 4, 2008, from the State of New Jersey League of Municipalities regarding New Jersey Urban Real Estate Conference, Last Chance to Order 2008-2009 Legislative Roster, and August Grant Page Posted. PDF Correspondence

20. E-mail received August 5, 2008, from the State of New Jersey League of Municipalities regarding Grant Resource Center’s News Information page Updated, and Joint Meeting on Beach Access. PDF Correspondence

21. E-mail received August 7, 2008, from the New Jersey State League of Municipalities regarding Economic Development Workshop at Rutgers, September 12, 2008. PDF Correspondence

22. E-mail received August 12, 2008, from the New Jersey State League of Municipalities regarding Correction to Mayors Letter of July 31 on Free Limited Membership in International Municipal Lawyers Association (IMLA). PDF Correspondence

23. E-mail received August 12, 2008, from the New Jersey State League of Municipalities regarding a COAH reminder. PDF Correspondence

24. E-mail received August 13, 2008, from the New Jersey State League of Municipalities regarding a League Motion before COAH. PDF Correspondence

25. E-mail received August 15, 2008, from the New Jersey State League of Municipalities regarding Important New Information from the Division of Local Government Services and Municipal Roundtable Sessions on Brownfields Redevelopment & Remediation. PDF Correspondence

NJDOT

26. E-mail received August 11, 2008, from the State of New Jersey Department of Transportation regarding a Notice of roadwork on Route 80WB. PDF Correspondence

LETTERS FROM LEGISLATIVE REPRESENTATIVES

27. E-mail received August 4, 2008, from Congressman Rodney P. Frelinghuysen regarding House Passes Military Construction and Veterans Affairs Appropriations Bill, Frelinghuysen Iraq Report Published in the Paper, Safeguarding Children’s Toys, Helping Families Afford a College Education, Supports Legislation Preventing Tobacco Use, House Leadership Fails Appropriations Process, and Spread the e-News. PDF Correspondence

28. E-mail received August 11, 2008, from Congressman Rodney P. Frelinghuysen regarding Annual Superfund tour shows progress, Honoring the “Indispensable” FBI, Frelinghuysen checks in on Veterans Medical Center, Boosting the developmentally disabled in Livingston, Spread the e-News. PDF Correspondence

UTILITIES

29. Letter received August 7, 2008, from Jersey Central Power & Light regarding the Annual Service Fund Compliance Filing. PDF Correspondence

30. Letter received August 7, 2008, from Comcast regarding a Franchise Renewal. PDF Correspondence

31. Letter received August 12, 2008, from the Federal Communication Commission regarding Comcast Cable and a Determination of Effective Competition. PDF Correspondence

32. Letter received August 14, 2008, from Pivotal Utility Holdings, Inc. D/B/A Elizabethtown Gas regarding a notice of Public Hearing. PDF Correspondence

TORT

33. Letter received August 14, 2008, from the Law Offices of Vincent Failla regarding a Notice of Tort Claim by James Petonak. PDF Correspondence

34. Letter received August 14, 2008, from the Law Offices of Vincent Failla regarding a Notice of Tort Claim by Nicholas Petonak. PDF Correspondence

35. Letter received August 14, 2008, from the Law Offices of Vincent Failla regarding a Notice of Tort Claim by Wesley Petonak. PDF Correspondence

ORDINANCES FOR PUBLIC HEARING

President Perkins: The Minutes have been approved. That takes us down to Correspondence of which we have listed 35 pieces, I believe, 35 pieces of Correspondence. Does any Council member have any questions or comments on any piece of Correspondence? Seeing none, we will accept the Correspondence. That takes us to the Ordinances for Public Hearing. I open the hearing to the public on Ordinance #42-2008, entitled:

Ord.#42-2008 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.”

President Perkins: Anybody from the public wish to comment on that ordinance? Seeing none, I’ll close it to the public. Mr. Tepper, would you move that?

Mr. Tepper: Yes, Mr. President. I move for adoption and final passage of Ordinance #42-2008.

Mr. Greenbaum: Second.

President Perkins: Thank you. Council discussions, comments? Roll Call.

ROLL CALL - Passed Unanimously

President Perkins: Ord. #42-2008 has passed on second reading, and I hereby direct the Clerk to forward a copy of same to the Mayor and publish a notice of adoption as required by law. I open the hearing to the public on Ord. # 43-2008, entitled:

Ord. #43.2008 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.” REVISED 8/18/08

President Perkins: Anyone from the audience wish to be heard on that ordinance? Seeing none, I close it to the public…

Mr. Tobey: Ray…

Mrs. Masser: Wait…

Mr. Kolbert: Mr. Council President, I think this subject here and Council’s comments, I wanted to make sure that there were certain corrections.

President Perkins: Yes, Mr. Roman has those to be made, Mr. Kolbert.

Mr. Kolbert: Okay.

President Perkins: Mr. Roman, would you make the motion to amend?

Mr. Roman: I move to amend Ord. #43-2008, published and noticed for this public hearing, by way of amendments which have been determined by the Township Attorney to be not significant and, therefore, not requiring a new public hearing. These amendments are to correct the name of Applied Waste Water Management, Inc. and to note that the development known as Morris Hunt is not included in this franchise.

Mr. Rattner: Second.

President Perkins: Council comments, questions? For edification, that was strictly to clarify the name of the entity that will be owning and operating the facility, as well as to remove the Morris Hunt which was inadvertently included into that ordinance. Roll Call, please.

ROLL CALL - Passed Unanimously

President Perkins: Ord. #43-2008 has passed on second reading, and I hereby direct the Clerk to forward a copy of same to the Mayor and publish a notice of adoption as required by law. Thank you, gentleman. I open the hearing to the public on Ord. # 44-2008, entitled:

Ord. #44-2008 An Ordinance of the Township of Mount Olive, County of Morris, and State of New Jersey Amending Chapter 8, Committees and Boards, Article XII, Open Space Committee, Section 8-43, Use of Funds of Open Space Dedicated Trust, of the Revised General Ordinances.

President Perkins: Anyone from the public wish to be heard on that ordinance? Seeing none, I close it to the public. Mrs. Labow, would you move that?

Mrs. Labow: Yes, thank you, Mr. President. I’d like to move Ord. #44-2008.

Mr. Rattner: Second.

President Perkins: Council comments, questions? Roll Call, please.

ROLL CALL – Passed Unanimously

President Perkins: Ord. #44-2008 has passed on second reading, and I hereby direct the Clerk to forward a copy of same to the Mayor and publish a notice of adoption as required by law. I open the hearing to the public on Ord. #45-2008, entitled:

Ord. #45-2008 An Ordinance of the Township of Mount Olive, Morris County, New Jersey,
Establishing Fees for the Renewal of Alcoholic Beverage Licenses.

President Perkins: Anyone from the public wish to be heard on that? Seeing none, I close it to the public. Mr. Rattner, would you move that, please?

Mr. Rattner: Thank you, Mr. President. I move for adoption and final passage of Ord. #45-2008.

Mr. Tobey: Second.

President Perkins: Council comments? Mr. Roman.

Mr. Roman: I’d just like to reiterate from the last discussion on this that I did not like the idea of raising a fee just for the sake of raising a fee, and just because we haven’t done it in a while is not proof that we need to increase the fee because of an increase in expenses borne by us.

President Perkins: Thank you. Any other comments? Seeing none, Roll Call, please.

ROLL CALL – Passed with the exception Mr. Roman voted no

President Perkins: Ord. Ord. #45-2008 has passed on second reading, and I hereby direct the Clerk to forward a copy of same to the Mayor and publish a notice of adoption as required by law. I open the hearing to the public on Ord. #46-2008, entitled:

Ord. #46-2008 Bond Ordinance Providing for Various Capital Improvements of the Township of Mount Olive, in the County of Morris, New Jersey, Appropriating the Aggregate Amount of $1,363,145 Therefor and Authorizing the Issuance of $934,206 Bonds or Notes of the Township to Finance Part of the Cost Thereof.

President Perkins: Anyone from the public wish to be heard on that? Seeing none, I close it to the public. Mr. Tobey, would you move that, please?

Mr. Tobey: I move Ord. #46-2008.

Mr. Rattner: Second.

President Perkins: Thank you. Council comments, questions? Seeing none, Roll Call, please.

ROLL CALL – Passed Unanimously

ORDINANCES FOR FIRST READING (Public Hearing will be held on September 2, 2008)

President Perkins: Ord. #46-2008 has passed on second reading, and I hereby direct the Clerk to forward a copy of same to the Mayor and publish a notice of adoption as required by law. That moves us to Ordinance for First Reading with a Public Hearing to be held September 2, 2008. The next item on the Agenda for First Reading is Ord. #47-2008, entitled:

Ord. #47-2008 Ordinance of the Township of Mount Olive Re: Sewer Service Charge For The Cloverhill Sanitary Sewer System.

President Perkins: Mr. Greenbaum, would you move that?

Mr. Greenbaum: One second.

President Perkins: Time’s up.

Mr. Greenbaum: I apologize. I was looking at one of the resolution issues. I move that Ord. #47-2008 be introduced by title and passed on first reading and that a meeting be held on September 2, 2008 at 7:30 p.m. at the Municipal Building, 204 Flanders-Drakestown Road, Mount Olive, NJ for a public hearing consideration of said reading and passage of said ordinance and that the Clerk be directed to publish, post and make available said ordinance in accordance with the requirements of law.

Mr. Tobey: Second.

President Perkins: Council discussion? Seeing none, Roll Call, please.

ROLL CALL – Passed Unanimously

Ord. #48-2008 An Ordinance of the Township of Mount Olive Amending a Department Head Salary for the Year 2008 (retro to 1/1/08) (2nd hearing September 16, 2008) Removed per Administration’s request

Ord. #49-2008 An Ordinance of the Township of Mount Olive Amending a Department Head Salary for the Year 2008 (retro to 8/4/08) (2nd hearing September 16, 2008) Removed per Administration’s request

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 Awarding a Professional Services Agreement Under the Non-Fair and Open Contracts in Accordance with the Pay-to-Play Law. PDF Resolution

2. Resolution of the Township Council of the Township of Mount Olive Approving a Vendor Service Contract on a Non-Fair and Open Basis Pursuant to the Pay-to-Play Law (Ranger Air). PDF Resolution

3. Resolution of the Township Council of the Township of Mount Olive Authorizing the Use of One Contract (George S. Coyne Chemical). PDF Resolution

4. Resolution of the Township Council of the Township of Mount Olive Authorizing the Cancellation of Taxes on Block 4100 Lot 10 aka Combe Fill Corp. PDF Resolution

5. Resolution of the Township Council of the Township of Mount Olive Waiving Interest on Sewer Back Charges Relative to Perkins Restaurant Owned by Britari Management, LLC (Block 4101 Lot 2 & 3). PDF Resolution

6. Resolution of the Township Council of the Township of Mount Olive Authorizing a Grant Agreement with Morris County for a 2008 Historic Preservation Trust Fund Grant. PDF Resolution

7. Resolution of the Township Council of the Township of Mount Olive Extending a Contract with Oriental Pacific Maintenance Co. for Cleaning Services for the 2008-2009. PDF Resolution

8. Resolution of the Township Council of the Township of Mount Olive Authorizing William Sohl, Business Administrator to Execute a TWA Application for Mount Olive Industrial Realty Company. PDF Resolution

9. Resolution of the Township Council of the Township of Mount Olive Renewing the Plenary Retail Consumption License for 96 Sandshore Road Liquor LLC (License #1427-33-006-006) for the 2008-2009 Licensing Period. PDF Resolution

10. Resolution of the Township Council of the Township of Mount Olive Changing the Date of the November 25, 2008, Council Public Meeting & Workshop Date to November 24, 2008. PDF Resolution

11. Resolution of the Township Council of the Township of Mount Olive Closing Graydon Place September 15, 2008, between the hours of 12:00 Noon and 9:00 P.M. for the Purpose of Holding a Block Party. PRD Resolution

12. Resolution of the Township Council of the Township of Mount Olive Authorizing a Waiver of Limitation of Turkey Brook House of Operation for the Mount Olive Soccer Club.

President Perkins: Is there any Council member wishing any one of the Consent items to be removed from that list?

Mr. Greenbaum: I have one.

President Perkins: Yes, sir.

Mr. Greenbaum: Number 4.

President Perkins: Any others? Seeing none, Mr. Rattner, would you move Consent Resolutions numbers 1 through 3 and 5 through 12?

Mr. Rattner: So moved.

President Perkins: Thank you. Can I have a second?

Mr. Tepper: Second.

President Perkins: Roll Call, please.

PUBLIC PORTION ON CONSENT RESOLUTIONS - none

COUNCIL COMMENTS ON CONSENT RESOLUTIONS - none

ROLL CALL – Passed with the exception Mr. Tobey abstained on number 7

RESOLUTIONS NON CONSENT

President Perkins: Mr. Greenbaum, would you like to move Consent Resolution number 4, please?

4. Resolution of the Township Council of the Township of Mount Olive Authorizing the Cancellation of Taxes on Block 4100 Lot 10 aka Combe Fill Corp.

Mr. Greenbaum: I’ll move Consent Resolution number 4 for approval.

Mr. Rattner: Second.

President Perkins: Thank you. Mr. Greenbaum?

PUBLIC PORTION ON INDIVIDUAL RESOLUTIONS - none

COUNCIL COMMENTS ON INDIVIDUAL RESOLUTIONS

Mr. Greenbaum: Yes, I just had several questions and perhaps Sherry can answer the questions with respect to the cancellation of the taxes on the Combe Fill Lot. I understand the justification for the cancellation. The question I have really is were the taxes to be collected on this property figured into the revenue stream that we were going to collect this year, or not?

Ms. Jenkins: Yes, they definitely were. So that’s a hit that we’re taking.

Mr. Greenbaum: Okay, a $200,000 hit.

Ms. Jenkins: Exactly.

Mr. Greenbaum: Okay, thank you.

Ms. Jenkins: Yes, you’re welcome.

President Perkins: Any other questions or comments by Council? Seeing none, Roll Call, please.

ROLL CALL – Passed Unanimously

Mrs. Labow: Mr. Perkins, I just wanted to ask a question on this also, please.

President Perkins: Typically it’s a little tough when the vote has been done and comments are finished.

Mrs. Labow: I know. It’s not going to affect the vote I just wanted to…

Mr. Rattner: Final comments.

Mrs. Labow: I’ll wait until Old Business.

MOTIONS

President Perkins: Final comments, thanks. Alright, that takes us to the Bill List. Mrs. Labow, would you move the Bill List for us, please?

1. Bill List.

Mr. Rattner: Colleen?

Mrs. Labow: I’m sorry.

President Perkins: The Bill List, Mrs. Labow.

Mrs. Labow: I was writing my notes so I don’t forget. Okay, I’d like to move the Bill List, please.

Mr. Roman: Second.

President Perkins: Thank you. Council comments? Seeing none, Roll Call.

ROLL CALL – Passed with the exception Mrs. Labow voted no

ADMINISTRATIVE MATTERS

President Perkins: Administrative Matters, Mr. Sohl.

Mr. Sohl: Yes, a couple of quick things. One, in the absence of the Mayor I’d like to read a Proclamation Honoring September as Ovarian Cancer Month.

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.

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

President Perkins: Thank you.

Mr. Sohl: Thank you. The other thing is I sent, I think I copied everybody on a note that I sent back to the NJDOT. It only took about 14 or 15 months but we do in fact have a flashing warning sign on the southbound side of Route 206. It kind of got hung up a little bit with the electric connection, but they managed to work through it. I gather it was turned on some time while I was away.

President Perkins: Yes, they waited until you went on vacation, Bill, before they turned it on.

Mr. Rattner: Take that as a compliment on your dedication of getting that in because 14, 15 months has got to be a record for them.

Mr. Sohl: I’ll accept it as a…

Mr. Rattner: Take a complement wherever you can.

President Perkins: That was a lot quicker, and you know, kudos to the Administration and Mayor for following through on that. I know originally, Bill, you had tried to work in a solar on that to conserve energy and unfortunately there just wasn’t enough light there.

Mr. Sohl: Exactly, there was not enough light because of the lack of direct sun.

Mrs. Labow: Trees.

President Perkins: Because of the trees. Thank goodness that’s done and hopefully that helps not happen to a death that did occur, I guess, about a year and a half ago there. Great job, Bill. Thank you very much.

Mr. Sohl: Thank you.

President Perkins: Anything else?

Ms. Jenkins: Ray?

President Perkins: Sherry.

Ms. Jenkins: Just real quick. Our bond sale is tomorrow and Moody has actually reaffirmed our AA3 rating which is really great for us. The reason that they did that is because of our financial stability and our conservative approach. So I thought that was really good.

President Perkins: Thank you. That’s great news.

Mr. Greenbaum: Congratulations.

Ms. Jenkins: Thank you.

President Perkins: That takes us to Old Business. Mr. Tepper.

OLD BUSINESS

Mr. Tepper: I had a copy of the proposed dock ordinance as well as the current ordinance provided to each Council member. It came up again at Planning Board. I’d ask that that be put on our next Workshop and for action at our next meeting since Planning Board has recommended it be approved. I believe the Administration has supported that.

Mr. Sohl: That is correct.

President Perkins: Thank you, Mr. Tepper. Anything else?

Mr. Tepper: No, sir.

President Perkins: Mrs. Labow.

Mrs. Labow: I was just going to ask, Sherry, for the resolution that we had earlier, we just missed that, when you’re figuring out the revenue stream?

Ms. Jenkins: It wasn’t something that I missed. It was an assessment issue. So it’s really something that Jack has to clarify on. I don’t know why the expectation was that we were only going to collect $7,000 in taxes and the assessment was set at what it was. I really can’t answer that. If you want, I can have Jack address it for you.

Mrs. Labow: That’s good. So we’ll just red flag it for next year and make sure.

Ms. Jenkins: Yes, and the odd thing was I looked back with him and the last couple of years were okay. Maybe the reval had, there was an affect as result of the reval. That’s what I’m thinking.

Mrs. Labow: Okay. Thank you.

President Perkins: As soon as they get the final approvals and start moving then we get the big money.

Ms. Jenkins: Yes.

Mrs. Labow: Yes.

President Perkins: Any New Business?

NEW BUSINESS

Mrs. Labow: I have good news New Business. Past Councilman Jim Buell and his wife Judy became grandparents last week for the first time, a little baby boy. His name is Derek. Does that sound familiar, Ray?

President Perkins: I don’t know. How does he spell it?

Mrs. Labow: D-e-r-e-k.

President Perkins: Alright.

Mrs. Labow: Baby and the baby’s mom are doing great and I just want to extend congratulations to the Buell family. First grandchild and another one is due in a month.

Mr. Roman: Dittos.

Mr. Tepper: Excuse me?

Mr. Rattner: Rob has his hand up.

President Perkins: Mr. Greenbaum?

Mr. Greenbaum: Yes, I noted that there were a number of e-mails that went back and forth with respect to the use of lights at Flanders Park and Baseball. I’d like to have a resolution prepared indicating that any waiver of the light restrictions should be done by way of resolution by Council, which would then give a little bit more control and a little more thought process on Baseball to be able to come forward when they meet to have additional time at the field. They can come a couple of weeks in advance and say we have this special event, that special event. We need to run it later on that particular date. I think it’s a fair compromise to the residents of that general area who have to deal with, whether it be a small portion or large portion, with the fact that the fields are indeed lit.

President Perkins: Mr. Tepper?

Mr. Tepper: With the same issue, I mean this came up this week. I believe that delegating that to the Administration and allowing the Administration, if it’s something that’s planned in advance, I agree with Mr. Greenbaum. If it’s something that on Sunday because on Saturday it rained, Wednesday, Thursday and Friday they’re now going to run a double header. We don’t meet but once every two weeks right now. Therefore, you would effectively not have a decision by default by having to wait for Council. I believe that delegating it to the Administration as it approves, the Township is approving it and it could be done either by the Director of Parks, Buildings and Grounds or whatever can ensure that we can be responsive to this, rather than saying that we need to wait two weeks to act on this.

President Perkins: Mr. Rattner?

Mr. Rattner: I tend to agree with Mr. Tepper unless we find that we have a problem. Let’s not make a problem if one isn’t there. If it’s very rare or something, not where they want to have a game every Sunday night or something, then we just see if it develops into a problem. I think the easiest way is from the Administration. If there’s a problem they can make the evaluation and hopefully they’ll do it, you know, considering all the residents and the team.

President Perkins: Bill?

Mr. Sohl: Yes, just by way of reference as to the history of what we’ve done so far since the lights have been made available. There has been one incident, or occasion, where Baseball requested possible use beyond 10:00 pm on a chance that a game, double header I believe it was, might run over. We granted that permission. As it turned out it didn’t run over and it wasn’t even, in essence, needed. It would be the position of the, we’ll go whichever way Council decides, but it seems to be a little overkill to have to have the Baseball team come every time they might want that. Again, I think if there was some show by the Administration of a callous disregard for the residents down there in terms of granting waivers constantly, we’d be the first probably to hear it.

Mr. Rattner: Yes.

President Perkins: Secondary comment, Mr. Greenbaum?

Mr. Greenbaum: Yes, I was asked to raise the issue by a number of different people in Flanders Crossing. I’ve done so. It’s obvious that there’s not support on the Council at the present time to move forward so we can move forward with the rest of our business.

President Perkins: Well, give me a chance to comment first, Mr. Greenbaum. Thank you. Mrs. Labow?

Mrs. Labow: I also received a request from people, from residents in Flanders Crossing also. Their point was how are they going to know that permission is being granted? The other thing was if the lights are on later than they’re supposed to be they would just call the police and say it’s passed the time. So they said by doing a resolution it kind of formalizes it and lets everybody know what’s going on. That was one of their points. The other concern that was brought up was the cost of the electric bill. Those are some of the comments, but they would like a resolution. The other thing that they brought up was that in any other park they’ve seen or any type thing where we’re making a change, we always had to go by resolution like with Turkey Brook Park. When we had the exercise in the morning we did a resolution. We usually follow up with a resolution.

President Perkins: Secondary comment from Mr. Tepper.

Mr. Tepper: Well, if I look at the resolution that was made by Soccer that’s being referenced by Councilwoman Labow, in effect, it’s for September through November. That would be the same as me then proposing for March through September that Baseball be entitled to have the lights if they need it. I think we’re going overkill here. I believe the Administration, through the Director of Parks and Grounds, has the ability. I understand that the residents, certain residents were not in favor of the lights to begin with and would rather not see exceptions. I don’t think we should make it very difficult for Baseball to act on something and until, as Mr. Sohl points out, it’s abused, I think we ought to let Administration do their job.

President Perkins: Mr. Tobey.

Mr. Tobey: What is the current protocol when the lights are on after 10:00? How is it enforced? Does somebody actually go down there and turn them off, because we’re talking about whether, you know, it’s the Council or the Administration, but let’s back up a half a step. How do we enforce the law as it is if it’s on after 10:00?

Mr. Tepper: They can be turned off electronically.

Mr. Sohl: The lights automatically go off.

Mr. Tobey: Have they been? Has it been enforced? If it’s on after 10:00, has it been enforced to turn them off?

Mr. Sohl: Yes.

Mr. Tobey: Because I have to tell you, I have also been in contact with residents and, you know, how do we enforce it? Once again, irregardless of how we move forward, what are we doing now to enforce the 10:00 timeframe?

Mr. Sohl: It goes off automatically.

Mr. Tepper: It’s on a timer.

Mr. Sohl: It’s doesn’t even go on unless a game is being used.

Mr. Tobey: Alright, because there was an instance with them being on.

Mr. Sohl: We altered the process so that the lights don’t even go on.

Mr. Tobey: Okay.

Mr. Greenbaum: I don’t think there’s been an issue with regard to enforcement to date that I’m aware of.

Mr. Tobey: Okay.

Mr. Sohl: There’s been an occasion where perhaps somebody hasn’t shut it off within 10 or 15 minutes after a game has ended. I mean, they shouldn’t be on at, let’s say, 9:30 if there’s no game going on. The way that it’s set up to work now, that is the way it is in fact working.

Mr. Rattner: Well, just know I’ve heard a couple of complaints that a game was over before the ending time and somebody forgot to turn it off. The field was empty and the lights were on. I don’t know how true it is but I have gotten a couple of comments on that, that they drove past, the lights were on and nobody’s there. Not after 10:00, not after the time.

Mr. Tepper: Just after the game.

Mr. Sohl: No, I understand.

Mr. Rattner: And I think that’s just reminding the people…

Mr. Sohl: And we have gone back to Baseball on several occasions to tell them, look guys and gals, it’s in your hands.

Mr. Rattner: Oh, okay, then you’ve already addressed that.

Mr. Sohl: Oh, yes.

Mr. Rattner: That’s fine. It’s not going to be perfect. Everybody’s going to make a mistake once in a while.

President Perkins: That it, Mr. Rattner? That’s it?

Mr. Tobey: I think that’s it.

Mr. Rattner: Plus, the Police could always shoot the light.

Mrs. Labow: Oh, no…

President Perkins: I guess that means Mr. Rattner is done. I’m inclined to…

Mrs. Labow: …the bulb.

President Perkins: Finished? I’m inclined to agree with the majority of the Council. However, I do see benefit in the Baseball Club coming and getting a resolution not unlike Soccer for the Turkey Brook. Specifically, my reasoning behind that is because the verb “may” is used in there, that it “may” be utilized. It doesn’t have to be utilized but at least if there’s a timeframe, because as Mr. Tepper has adequately pointed out, if someone were to call up today because there were four or five rain days and all of a sudden they said they want to hold an event this weekend play us the time, the Council can’t appropriately act on that. You, as the Business Administrator, can. So from an Administrative standpoint I believe that you should have the wherewithal to be able to do that, but they should still come before the Council with the form of a resolution that says here are our different events, and different dates and times. As Mr. Tepper pointed out, that may run through that three or four month period, but they should have some indication, not just on a Tuesday afternoon, “By the way, Mr. Sohl, I need to leave the lights on on Thursday because we missed two games and so we’re going to run it until 10:30 or 11:00.”

Mr. Tepper: Mr. President, one other comment. The current ordinance for parks, lighting in parks basically says that it can be done at the discretion of the Township. All I think we’re asking to do is to formally acknowledge that the Business Administrator can delegate that to Director of Parks and Grounds, Recreation, or whoever he deems appropriate.

President Perkins: Yes, and you’re correct in that but I think that we should still have the resolution authorizing that they’ve come and told us. The same as Soccer, that they’re specifically with these lights up at Turkey Brook. Here’s what the Baseball team wants to do. The residents, I think, are correct down there. It should be by virtue of a resolution that says that the Council’s aware of it but that it’s in the Administration’s hands to enforce.

Mr. Rattner: Well, why don’t we…

President Perkins: I’ll take a straw poll…

Mr. Tepper: I think we should just delegate it to the Administration until it’s abused.

Mr. Rattner: And if we want to, the only thing, you know, with an emergency appropriation, like if the furnace breaks on the weekend, there is a process so that they can go and fix it without coming to us, but they have to notify us within a couple hours, a certain amount of hours where they send a memo. I think at this point there hasn’t been abuse. I think they’re watching it and they’re doing an appropriate job. If it’s going to be for a whole period of time or saying this could happen over the four months, as Mr. Tepper said, that needs a resolution. Anything else, if they’re going to give a waiver, why don’t we just, he notifies the Clerk, the Clerk can put it in our mailboxes, or send an e-mail and say that we gave the permission. This way if we get a call we know about it. But I don’t see any difficulty with what they, or anything wrong with what they’ve been doing up until now.

President Perkins: And to that point, that’s what I’m saying is if it’s going to be over a four month deal, then they should come by virtue of this. Otherwise, as Mr. Tepper said, it’s Administration and I think you should go ahead with that, and Bill…

Mr. Sohl: As I said, we’ve had one request since, what, May, since they first went on?

President Perkins: And that’s great.

Mr. Tepper: Yes, the All-Star Game.

Mr. Rattner: Yes.

President Perkins: That’s right, just don’t want it to turn into nightly or weekly things.

Mr. Roman: I’d be inclined to just let Administration.

President Perkins: What’s that?

Mr. Tobey: Combination is what it really is…

President Perkins: Alright, that moves us down, we’re completed with that. Any other New Business? Legal Matters, Dominic?

LEGAL MATTERS

President Perkins: Nothing?

Mr. DiYanni: Nothing.

President Perkins: Nothing?

Mr. DiYanni: Nothing, you want me to make up something?

President Perkins: If you want to. Council reports, Recreation Liaison Report, Mr. Roman?

COUNCIL REPORTS

Recreation Liaison Report

Mr. Roman: Nothing to report.

Board of Health Report

President Perkins: Board of Health Report, Mrs. Labow?

Mrs. Labow: We meet in September.

Planning Board Report

President Perkins: Planning Board, Mr. Tepper?

Mr. Tepper: There were two items. One had to do with the dock ordinance which I’ve already addressed. The second was a request from the Environmental Committee involving Gypsy Moths, which I have forwarded to the Administration. Mr. Wilpert has already contacted the State so that has also been addressed.

Board of Adjustment Liaison Report

President Perkins: Board of Adjustment Liaison, Mr. Roman?

Mr. Roman: Nothing of note to report.

Open Space Committee Report

President Perkins: Open Space Committee Report, Mrs. Labow?

Mrs. Labow: We meet in September.

Legislative Committee Report

President Perkins: Thank you. Legislative Committee Report, Mr. Rattner?

Mr. Rattner: Nothing to report.

Pride Committee Liaison Report

President Perkins: Pride Committee, Mrs. Labow?

Mrs. Labow: September.

Board of Education Liaison Report

President Perkins: Board of Education, Mr. Tobey?

Mr. Tobey: The next meeting is on the 25th of this month. That’s all.

Lake/Environment Issues Committee

President Perkins: Lake Environmental Issues, Mr. Rattner?

Mr. Rattner: Nothing to report.

Safety Committee Liaison

President Perkins: Safety Committee, Mr. Greenbaum?

Mr. Greenbaum: Still waiting to reschedule our meeting to discuss paid ambulance services.

Finance Committee Report

President Perkins: Nothing on the Finance Committee, Mr. Rattner?

Mr. Rattner: Nothing to report.

Economic Development Committee Report

President Perkins: Economic Development, Mr. Rattner?

Mr. Rattner: No, because of the summer it was hard to get people together so we cancelled the July meeting.

Solid Waste Advisory Committee Report

President Perkins: Solid Waste Advisory, Mrs. Labow?

Mrs. Labow: September.

Library Board Liaison

President Perkins: Library Board Liaison, Mr. Tepper?

Mr. Tepper: There will be a meeting tomorrow to discuss the replacement of the retiring director.

PUBLIC PORTION

President Perkins: That takes us to the public portion. Anyone from the public? Yes sir, would you come up to the podium and state your name and address for the record.

Ned McDonnell, Budd Lake: Concerning the Bill List on page 9, there’s a couple of items for a refund Homestead check. Could you explain what the…?

Ms. Jenkins: When there are taxes that are delinquent on a property, we actually get the Homestead Rebate. We have to file a report in March for any taxes that are delinquent to the State. Sometimes between the time that we file and the time that we actually get that check, they’ve paid their taxes up to date, the particular property, and if they have then we will refund the amount of money we got for them to them.

Mr. McDonnell: Okay, fair enough. Thank you.

Ms. Jenkins: You’re welcome.

Mr. McDonnell: Another question on the same page. New Jersey League reservations. I see it looks like 12 people went to a function in Atlantic City.

Mr. Greenbaum: To go.

President Perkins: To go.

Mr. Sohl: To go.

Mr. Greenbaum: To go in November to the League of Municipalities.

Mr. Tepper: It’s in November.

Mr. McDonnell: Oh, okay. Is it necessary to send a dozen people to this? Where I’ve worked, some places, before when there’s conferences and things, one or two people will go and they’ll bring back the pertinent information and report to the interested parties. It seems like a lot of money and a lot of people to all go at once to a convention of some form.

President Perkins: Well, there’s also training sessions where they get credits toward their licenses that they have to attend and some of those courses, ironically enough, are held at the exact same time as the New Jersey League of Municipalities Convention. So most of those employees are going down specifically to attend those classes to be able to get their continuing education units.

Mrs. Labow: Ray, also the credit…

Mr. McDonnell: So basically this is a necessary thing for their employment?

President Perkins: Yes. Who was first? Mr. Tepper.

Mr. Tepper: Ned, there’s one other thing. From a Council perspective, each Councilmember that attends the issue on safety and whatnot reduces our insurance bill by $250.

Mrs. Labow: We get a $250 credit. So it costs us, individually, $318. I’ll pay for my room. So the Town gets a $250 credit.

Mr. McDonnell: That’s a pretty good deal, really.

Mrs. Labow: And not to mention we also lose time from work.

Mr. Tepper: Basically, it’s a benefit to the Town of attending that seminar as well as us becoming aware of what the current requirements are.

Mr. McDonnell: Okay.

President Perkins: Rob?

Mr. Greenbaum: Yes, this year, Ned, just so you’re aware, I am going down just on the day that the seminar is given. I have signed up for the League. It’s a good opportunity to see what new products are out there and get some ideas in terms of some things that the Township may be interested in. In addition, I attend the Morris County Luncheon which is a function that’s attended by all of the Morris County elected officials including our State representatives, and I attend the class. So for $35 I’m saving the Township probably close, over $200 by attending. I’m not one of the people who are staying this year, but at times I do stay because it runs late into the day and it’s a long way. So I agree with everything that’s been said. It’s, from the Township’s perspective of its employees, they schedule those classes so that everyone can get the required credits needed for certifications in whatever fields they are in, whether it’s financial, tax, clerk, whatever’s required.

Mr. McDonnell: Okay, well that explains it pretty good. As long as you’re getting something of value.

Mr. Sohl: And from a perspective of what’s available, when we get the list of available classes or seminars, which at any one point in time there’s as many as a dozen or more seminars simultaneously going on. So the Clerk may be in one having to do with OPRA requests, the CFO or Council people may be in another one. It’s literally impossible to attend everything. There’s just no way.

Mr. McDonnell: Okay, fair enough. Thank you for your answers.

Mr. Sohl: We’ll share that information with you if you want to see it when we get it.

Mr. McDonnell: Okay, thank you.

President Perkins: Thank you, Mr. McDonnell. Anyone else from the public wish to be heard? Seeing none, I close it to the public and go for last Council comments. Mr. Greenbaum?

COUNCIL COMMENTS

Mr. Greenbaum: None this evening, thank you.

President Perkins: Mr. Tepper?

Mr. Tepper: None, thank you.

President Perkins: Mr. Roman?

Mr. Roman: None.

President Perkins: Mrs. Labow.

Mrs. Labow: I just have two quick ones. I should have brought it up earlier. Mr. Nelson (Russell) had asked on the Bill List last meeting about the bill for Dr. Golub for the animal issue with the cats and so forth. I just wanted to let you know, Nelson, I did follow up. I don’t know if he hears me. Nelson? I followed up on the question you asked on the Bill List last time for Dr. Golub, and the bank so far, we do believe that they will be making restitution for the charges that we’ve had for that issue. If not, we are prepared to go for a lien, but first we’re just submitting the bill and it looks like it will be reimbursed. One way or another we’ll be reimbursed. Another note, just on the, two years ago I guess it was at the League, we were walking around collecting pens, Ned. We were saying that we’re helping the budget by collecting pens and we’ll bring them to the counters because all the vendors gave out pens and pads. It is a very educational experience. You learn a tremendous amount in a two day period. It’s phenomenal. Thank you.

President Perkins: Thank you, Mrs. Labow. Mr. Rattner?

Mr. Rattner: Yes, tonight we passed Resolution #8 which was an executed TWA application for Mount Olive Industrial Realty Company. This is the first one that we’ve approved since the new wastewater rules went into effect. The way that I read it, in fact talking to my peers as a Commissioner at the Musconetcong Sewerage Authority at the Middlesex and Somerset Utilities, is that they got the utility, TWA approval, the municipality, but now with the new rules the County has to approve it. The County won’t have a wastewater management plan anywhere from nine months to two years. So it’s going to be interesting to see if the State is really serious,
Mr. Rattner (Cont’d): if they’re going to hold up almost all construction any time you would need a TWA for that.

Mr. Sohl: Just as a point of reference, the County had a meeting with the western municipalities here. Gene Buczynski was present. I was there, Catherine Natafalusy, Chuck McGroarty, Tim Quinn, and the County’s intent is to get theirs in approval position by the early part of ’09. Whether that happens and then approval on the State, I don’t know.

Mr. Rattner: Yes, I have my meeting for the utilities tomorrow. The issue is that as of right now, the document is 17.5 feet high.

Mr. Sohl: Yes, well if you take the existing…

Mr. Rattner: What they’re saying is they’re taking a pool at the County, this is to submit next March, and that is how big a truck they’re going to rent to take it down. The issue becomes, we know when we have a very simple application we send it in, it takes sometimes up to two years like our wastewater management plan that we submitted four years ago. It takes two years to come back, and they came up with nine pages of changes, half of them grammatical. So when I said nine months to two years was that just because it goes in in March of next year, they’re going to be getting 18 Counties on the same day. If they can’t get that, then they’re going to have to review it and they’re going to have to approve it. That’s going to be interesting. It just is terrible for anybody who is trying to develop anything. So we’re just hoping that they’re going to give some sort of leeway, because the few things that we have going in town we definitely need those ratables.

President Perkins: Definitely. Mr. Tobey?

Mr. Tobey: Nothing, thank you.

President Perkins: I just have, I guess I actually have two things. One, the weekend before last I had the honor of attending the Military Appreciation Day at Wild West City. Councilman Rattner was also in attendance. It was rather warm that day. The Mayor, unfortunately, could not attend. He was away on vacation, well deserved, after the passing of his father the week before. It was an excellent event. Our Representative, Rodney Frelinghuysen, was there. There were some great speeches, a great way to show appreciation for all of our military. As a veteran I can only ask, and I know there are other veterans out here in the audience, it’s a great feeling to thank these people, something that some of us didn’t get, but don’t hold it down. It’s a great thing to say thank you to these people for what they’re doing. I mean, these are actual… You remember the reserves and you only had two weeks of summer vacation? Well, those are the guys and gals over there giving their lives right now.

Mr. Rattner: I think on that the best part of your speech was when you gave the accolades to the veteran’s hospital when you hear all the complaints for that minor procedure you went through three years ago.

Mr. Roman: Minor.

President Perkins: Yes, and our Representative Rodney Frelinghuysen has been instrumental in pushing for improvements in the VA medical system over the years. As I said then, as Mr. Rattner just reiterated, I’m a walking poster child for the VA medical center having gone through that liver transplant three years to the day. Mr. Sohl, I guess we forgot some good news for our residents in the Goldmine Water system.

Mr. Sohl: Well, we got okay to connect at least through the end of the year. So we’ve got some work that we’ve got to make sure we get done before the end of the year.

President Perkins: The good news is that well #2 can be put on on an emergent basis and that should alleviate some of the strain on the system for the people in Goldmine. The ordinance that was approved this evening for the water system for Applied and Toll Brothers in their developer’s agreement has a clause that they have agreed to have the interconnection between their system and the Goldmine system completed by December 31st of this year. So those residents should hopefully be well on their way to safe and adequate potable water. With that is the end of my comments.

Mr. Roman: Ray? Bill, are the residents in the Goldmine Estates going to notice that there well’s been connected?

President Perkins: No.

Mr. Roman: Okay.

Mr. Greenbaum: It’s a water pressure issue.

Mr. Rattner: Hopefully the complaints will stop.

Mr. Sohl: The real change will come once the standpipe is utilized.

Mr. Roman: Okay, thank you.

President Perkins: As long as they have an adequate flow, Alex, what will happen is they will have a continuous, uninterrupted flow of water.

Mr. Roman: Yes, I was just curious as to whether they would notice.

President Perkins: Yes, if they can turn on the faucet and it comes out.

Mr. Tepper: Yes, because they’ll have water.

Mrs. Labow: They’ll have water.

Mr. Greenbaum: Now the use of Turkey Brook will not affect the Goldmine residents.

President Perkins: That’s correct.

Mrs. Labow: Right.

Mr. Rattner: We haven’t used Turkey Brook for a while.

President Perkins: That’s okay.

Mr. Greenbaum: Well, we’ll be able to use Turkey Brook.

Mr. Rattner: You have the other big…

President Perkins: I will now take a motion to adjourn.

ADJOURNMENT - Motion was made and seconded, all in favor and none opposed, the meeting was adjourned at 8:15 pm.

_________________________________
Raymond T. Perkins, 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 2, 2008.

_________________________________
Lisa Lashway, Township Clerk
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