Mt. Olive Township Council Minutes
December 12, 2006


The Regular Public Meeting of the Mount Olive Township Council was called to Order at 7:32 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 ways 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. Perkins, Mr. Rattner, Mr. Biondi, (7:45)
Mrs. Labow, Mr. Tepper, Mr. Greenbaum,

Absent: None

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

President Greenbaum: Let the record reflect that Mr. Biondi called. He said he might be running a little bit late due to a family medical procedure. Let the record also reflect this evening, we have Megan Hurley sitting here with us tonight. She is a high school student at the Mount Olive High School. She is doing a study on I guess its civics... public meetings. Part of her assignment is to report back as to the nature of what occurs here this evening. I have asked her and she has graciously accepted to sit up on the Dias with us and we all welcome you.

Megan Hurley: Thank you.

President Greenbaum: Feel free to participate in the meeting. Maybe you’ll bring something that someone else misses, just make sure that you raise your hand.

Miss Hurley: Okay.

Mrs. Masser: And speak into the microphone

President Greenbaum: Speak into the microphone Okay, before we get to the Mayor’s Proclamation which will be the next thing on the Agenda this evening, I see that we have Frank Wilpert sitting in the audience and a number of different people who I assume are here to support you. I would like to take it out of order. Frank, there is a motion this evening, it’s on page #5 of the Amended Agenda to appoint Frank Wilpert as Director of Health for a four year unexpired term, expiring 12/31/07. From my perspective Frank, this is probably two or three years in the making. So if we could have someone make that motion.

Mr. Perkins: So moved.

Mrs. Labow: Second.

President Greenbaum: It has been moved and seconded. Any discussion? Roll Call please.

ROLL CALL: Passed Unanimously

President Greenbaum: Congratulations on a job well done.

Swearing in of Director of Health

Mr. Wilpert: Thank you for all your support.

Mayor Scapicchio: Frank, it was my pleasure to nominate you.

Mayor’s Proclamation - Radon Action Month

President Greenbaum: Moving on with the agenda. Mayor Scapicchio, there’s a Proclamation regarding radon action month.

Mayor Scapicchio: Thank you, Mr. President. This is a request by the New Jersey State DEP and it is radon action month. The Proclamation is as follows:

WHEREAS, radon is a naturally occurring radioactive gas that is the second leading cause of lung cancer, causing as many as 500 lung cancer deaths annually in New Jersey; and

WHEREAS, elevated radon levels are found in many homes and pose a serious health threat to families residing in these homes; and

WHEREAS, any home may have high levels of radon – even if neighboring homes do not; and

WHEREAS, a significant number of homes in Mount Olive have elevated levels of radon; and

WHEREAS, by mitigating homes with radon concentrations at or above 4pCi/L in New Jersey, 140-250 lives are saved annually.

NOW THEREFORE, be it proclaimed that I, David M. Scapicchio, Mayor of Mount Olive Township do hereby proclaim December as Radon Action Month in the Township of Mount Olive.

Mount Olive Township’s Official Position on the Highlands Designation

President Greenbaum: Thank you. We are up to the Highlands Master Plan discussion. We’ve asked Chuck McGroarty to join us this evening. Chuck if you would, let me start by saying I attended a meeting of our legislators with respect to the Highlands Master Plan. For the life of me, I could not figure out why anybody would sign on to the Master Plan as it has been proposed. Why don’t you give us a brief overview and then I would like you to discuss the benefits if any and the detriments which I assume there are some to Mount Olive signing onto the Master Plan as it has been proposed. Also what options we have at this point, in terms of modifications, proposed modifications if any.

Mr. McGroarty: Yes, good evening. First, let me tell you. I’ve read the plan. Although it’s several hundred pages long and those of you who have seen it, I’m not sure that I have fully digested the entire plan at this point just in terms of the context and I am sure all of you are familiar with it, in fact, we have a map leaning against the wall over there. Mount Olive Township is entirely within the Highlands region and according to the plan now within the Township itself 79% of the land area or almost 16,000 acres is in the preservation area. The remaining 21% is in the planning area. The distinction as you know is....

Mayor Scapicchio: Chuck, I am sorry, how many acres is that again?

Mr. McGoarty: In the preservation it’s almost 16,000 rounded and the remaining 4,000 are in the Planning area. So it’s essentially an 80 - 20 split. We have been saying 82% according to the plan subject to further revision. They are saying approximately 80% of the Township is preservation. Now what this plan has done and Mr. Rattner provided us an analysis or a summery of the plan that the County Planner department staff did, which was very helpful. The plan itself creates in both the preservation and planning area overlay zones. Trying to figure out exactly what these overlay zones will and will not allow is still...I am still trying to work through that. Essentially, in both zones there are these, in both areas planning and preservation, there are three zones, and I won’t go into all the details unless you want to have specific questions on it because it can get very long and tedious, they divided them up in what they call the protection zone, the conservation zone and then the planned community/specially planned areas zone and each of those categories has limitations imposed on them. For general purposes for tonight’s discussion, the protection and the conservation “zones” have the most restrictions. It is in the planned community, specially planned areas where there may be some opportunities. For Mount Olive Township it’s going to take a little bit more to figure out whether it’s a good recommendation or what the recommendation is, I should say, would be to the Township whether or not to fully conform with the Regional Master Plan. Opting in was the phrase that had been used. The benefits that go with that are clear in the plan. They range from you get the tax benefits or the opportunity to secure any losses that are incurred as a result of this, if you’re participating. You get grant money to do the planning. You get legal protection above and beyond what you would have otherwise. I don’t know what that’s worth. I am not sure in terms of challenges and the like. There are a number of incentives built in if municipalities participate, if you choose not to, that is with respect to the planned area. If you choose not to, I guess none of those options are available to you and we will have to lay them out in more detail as we sort through this. In the preservation area, you simply have no choice. You will have to bring the Master Plan and the town’s development regulations into conformance with the Regional Master Plan.

Mr. McGoarty (Cont’d) Now in the case of Mount Olive, I think many of the things that are recommended in the plan and I must say for a Master Plan of several hundred pages it leaves quite a bit left to be said. I mean there is a lot of stuff that has not yet been ironed out. The Township has a number of things already in place that the Regional Master Plan would already recommend, steep slope protection repair and corridor protection and so on. So it’s not as if Mount Olive is in a position which is diametrically opposed to some of the objectives of the Regional Master Plan. I think what would be helpful in this next 30 to 60 day period, I was talking to Mr. Rattner before the meeting, we have as I understand it a 60 day comment period which may be extended or there is an effort to try to get that extended. In that 60 day comment period the hearings are going to be held in January. I don’t believe there are going to be any in December. I believe that it’s important to focus in on some of the key questions that the Township wants more clarification on, what the specially planned areas or I should say the planned community specially planned areas. What that really means, for example, and in doing that I think we need to get some clarification from the Highlands Council as to what... how these overlay zones are going to actually be implemented because if you conform with the plan, if you opt in and participate in the plan, the Highlands Council will have jurisdiction to review development plans and obviously to review your Master Plan and decide whether or not you are consistent. I think what would be particularly helpful is to focus on some areas for example, the effort which is now in progress, to change Planning Area 5 to Planning Area 2. Some of the areas in Planning Area 2 or the Budd Lake area I will say that we have identified, we have agreed that that should be the Planning Area 2 location. A good portion of it and let me pass this along. It’s not the best map in the world but I will leave this with the Council. It doesn’t distinguish between the preservation and the planning areas. These are the maps that we downloaded from the Highlands website and we are working to try to clean them up and make them a little more presentable. A good portion of the land area in the proposed Planning Area 2 is in purple, as you will see there. I think that’s a good thing because it’s what I think to be the most developable of the three overlay zones is this planned community / specially planned area. What that means is it recognizes there’s infrastructure in place, there’s redevelopment and new activity, new development activity possible. There are some specific areas that are of concern. I can mention just for example the Simmoff Track. I will refer to it that way, or more formally, it is the Town’s R6 zone district. That is now identified. That’s within our planning area but that particular area is in the protection zone. So it suggests that there are going to be some severe limitations on it. I will note that in the Highlands Master Plan they are now imposing a 1,000 foot buffer on vernal pools so freshwater wetlands, exceptional resource value wetlands have 150 foot buffer, vernal pools will have a 1,000 foot buffer and that might be why that site is in this so called protection area. That may be a problem, I don’t know. What we will have to, I think, really concentrate on is making sure we don’t get caught short in the effort to get the planning area changed from PA 5 to 2 for this Budd Lake area and then have the people in Trenton and people in the offices of Smart Growth, the State Planning Commission, say you know what we’re not sure it’s consistent with the Highlands Master Plan now. We want to make sure that we evaluate it, I think, in that context.

President Greenbaum: My understanding is that the Highlands actually ignores the State Planning Area designations and ignores the Town’s center designations that a lot of the municipalities have already obtained. There was just no convergance of those aspects and to the plan itself. That seems to be what a lot of the people that I have spoken to are griping about because they move forward on these concepts and now the Highlands proposed Master Plan just simply ignores all those things.

Mrs. Labow: I think what Chuck is saying, is it is going to have the reverse effect on us. Is that correct?

Mr. McGoarty: I don’t know yet but I wouldn’t be surprised if they do ignore it. I mean for the longest time their motto was they were blind to the line. Perhaps they were also blind to the law. I am not sure but they decided that both the planning area and the preservation area would be treated the same, even thought the act doesn’t say that. I think in that case we need to really zero in it seems to me... we want to evaluate the preservation area which is the majority of the township and see what redevelopment opportunities exist there and focus also on the two planning areas in town, Flanders and Budd Lake and just on that point like the Simmoff track, like the BASF Phase II portion which you will see there, most of the International Trade Center is in purple. The Phase II BASF portion that 57 acres, is now in the protection zone. Once again, I don’t know if that is going to cause a problem when we are trying to move ahead with the planning area changes.

President Greenbaum: What’s the timeframe in terms of analysis in terms of moving forward, I assume that this has to be done relatively quickly to be prepared for the hearings as they occur.

Mr. McGoarty: Well, yes. The hearings, they say a 60 day period for public hearing and then following that, I am not sure. I haven’t found anywhere, quite honestly, in the Act itself where it imposes a time limit for a public hearing. Then there is between 9 –15 months once the plan is adopted, once the Master Plan is actually adopted. It has just been released. Once it’s adopted, municipalities will have 9 –15 months to come in to compliance and to make decisions whether to conform or not.

Mr. McGoarty (Cont’d) I think in this next 60 day period which is less than 60 at this point now, I think the focus should be for the first week of January or the second week if you will, to have a series of questions and perhaps even policy statements by the municipality to the Highlands Council saying we want clarification on these issues and we disagree with these other points or perhaps in some cases there might be some agreement. I will just mention another thing. In the preservation area, which is again, that’s key because it’s so important to Mount Olive Township, again, there are these three zones as you can have a chance to look at that map. You will see most of the preservation area in Mount Olive is either in the protection zone or the conservation zone. If you look down for example at the corridor, Route 206 commercial corridor, down in Flanders, there is some purple and some green if you will. So that means there’s some planned...in recognition that there is some development already in place but if I read the map correctly any vacant parts along 206 are excluded suggesting that that’s not suitable for redevelopment. The important point here is that in the proposed Master Plan or in the Master Plan, it’s saying...actually this comes from the Act itself. It says that within a preservation area, in those two zones the protection and the conservation zone you can only redevelop, at least the way I read it, it says you can have redevelopment in two circumstances, contaminated sites such as the landfill, brownfields or what they are calling greyfields, which is a site that has 70% of impervious coverage or more. I think the problem is what if the question becomes what is a site? If a site, it’s not defined in the Act and it’s not defined in the Master Plan and the concern here is if you go down that commercial corridor of 206 and you say this parcel is a site, this lot whatever is a site, the Township will have difficulty promoting redevelopment activity along the commercial corridor. We were hoping that based on some earlier conversations with the Highlands people that they would draw a linear kind of redevelopment zone, if you will, down places like 206 which would make more sense. What’s going to happen here is I think there’s very few... well there’s probably a handful of sites in Mount Olive that are 70% of impervious coverage or more. Most sites, obviously the zoning doesn’t permit that level of coverage so they would have to be some old industrial areas or perhaps the shopping centers or whatever. It’s going to be key, I think, to go back to the Highlands Council and say we need to....we are not happy... you know the act said site but it didn’t say what a site is? Maybe there is some flexibility and room for some creativity there to say, if it’s a redevelopment possibility, it should be more than just parcel by parcel. I don’t know if we are going to get anywhere with that but both 206 and 46, the commercial corridors, that’s going to be I think a very key focus of our attention.

President Greenbaum: What I would like to do Chuck, is to create and ad hoc committee of Councilmen and a member of the Administration and yourself to move forward with this project and I would suggest that Mr. Rattner would be the appropriate person, with respect to Council and to develop at least the consensus as to where we are going and bring it back to Council as a recommendation of the ad hoc committee. I think if you bring more than three people into it, we probably could spend two days just discussing what the Act itself means. I think that the time limitations require action and it requires some recommendations from the people...from us in terms of where we are going with this and what happens if we don’t adopt a Master Plan and what questions we can ask that will help us to understand exactly the issues that you discussed here tonight. Is there anyone else on Council who has any questions or issues on this, this evening?

Mr. Rattner: Mr. McGroarty touched on it, besides attending the meeting. I also attended a meeting held by Jack Schrier last week to discuss his concerns and concerns of selected different people. One thing he did ask because he’s already talked to the Governor, he’s asking the County and he is asking every municipality within the Highlands region to request a bare minimum of a 30 day extension of this public hearing. One of the problems is that, you know it is an incomplete report which makes it very hard to read because there are pieces that are actually missing that are referenced. Even more than that is that the underlying GIS data is not available. At least it wasn’t available last Thursday. It’s really hard to do an analysis when you’re talking about specific areas without having that. So he suggested that everybody and if they get enough support that way, he’s pretty sure that there’s got to be reasonable and the Governor will back down. We think the dates are because of the Governor’s directive a couple of months ago when he appeared at the Highlands Council meeting. I believe in the draft, they actually have the dates in there, right?

Mr. McGoarty: You know what, I haven’t found a date. The only place I saw it, was in a newspaper article and then I called the Highlands and I was told 60 days.

Mr. Rattner: From 60 to 90, minimum.

Mr. McGoarty: I don’t see anything anywhere.

Mr. Buell: They indicated specifically 60 days period, and they’ve scheduled the four hearings.

Mr. Sohl: Mr. Rattner and him provided a copy of the draft Master Plan review that was done by Anthony Serrano and in that he indicated that the 60 days run from November 30th to January 30th.

Mr. McGoarty: Yeah, that would be the release of the Master Plan. The problem is you know, so that 60 day time period has already started from the day they released it.

President Greenbaum: Mr. Dorsey....

Mr. Dorsey: Yes.

RESOLUTION OF THE TOWNSHIP COUNCIL
TOWNSHIP OF MOUNT OLIVE REQUESTING AND ENDORSING NOT LESS THAN A THIRTY DAY EXTENSION OF THE PUBLIC HEARING RELATIVE TO THE HIGHLANDS MASTER PLAN

WHEREAS, the Township of Mount Olive has been deeply encumbered by way of

the Highlands Legislation and now by the proposed Highlands Regional Master Plan and,

WHEREAS, the details of this plan, which at this point is still an incomplete plan,

were only revealed approximately two weeks ago and in accordance with the schedule put

forth by the Highlands Commission the final public hearing is to occur on January 30, 2007

and,
WHEREAS, it would appear clear to the Township Council and indeed clear too

many other elected officials, that the public hearing scheduled for January 30th is simply too

soon. And would not permit reasonable study and analysis of the plan, which at this point

according to Mr. Rattner is an incomplete plan, and will hardly provide to the various public

entities that are faced with this challenge, an opportunity to study and make intelligent

recommendations and comments on the plan.

NOW THEREFORE BE IT RESOLVED, by the Township Council Township of

Mount Olive for the reasons set forth above that it respectfully requests that the public

hearing in connection with this matter be extended for not less than thirty days from the date

already set at January 30, 2007 and,

BE IT FURTHER RESOLVED, that a copy of this resolution be forwarded to all of

the elected representatives of Morris County representing any part of Morris County,

Governor and to the Highland Commission.

President Greenbaum: Moved by Mr. Perkins.

Mr. Perkins: So moved.

Mrs. Labow: Second.

President Greenbaum: Any discussion from the audience? Any discussion from Council? Roll Call on that resolution please.

ROLL CALL: Passed Unanimously

President Greenbaum: Chuck, I am going to ask that Steve contact you to set up however you’re going to attack what it is that the Township needs to attack. Mayor, I would ask that you appoint somebody from the Administration whether it’s Catherine or Mr. Sohl, to act on behalf of the Administration in terms of moving this needed debate forward. Thank you very much Chuck.


Mr. McGoarty: Thank you.

Mr. Rattner: I just want to say two things. One thing that came up that disturbed me greatly at the hearing is with the TDR’s, the Transfer of Developmental Rights. What it appears, because you know that the Highlands boarder lines is on the other side of Andover from us which means that a lot of Sussex County and Warren is out of the Highlands. Actually, at the meeting, they actually had the representative from Newton who’s looking for as many as they can take. So one of the comments that I did have is that it makes a lot of sense, you’re going to move the development out of Mount Olive west, so all the traffic can come back through Mount Olive and with the requirements, if isn’t the Highlands it’s then the Smart Growth the planning area where we can’t make the road improvements, yet you have all the detriments. That’s one thing that I want everyone to think about and how we want to do that and that’s real. They actually had Newton there saying we will take all your
TDR’s you want to give us because they want to build high rises I guess because Newton isn’t that big. The other thing which came up, in fact, Mimi Letts couldn’t understand it, that we could be in the Highlands Preservation Zone but still be in PA 5 which means you still can’t do anything. The fact is that there is no coordination between any of the departments in the State. Early on when the Highlands Council first started there was supposed to be a memorandum of understanding between the office of Smart Growth and the Highlands Council to say that they would work together or at least in unison so at least they won’t step on each other’s toes. That hasn’t happened and it doesn’t look like it is going to happen. So right now if you have an issue in the Highlands and its also within the planning area, you have to go to each one individually and it appears that none of the departments, DOT and a couple of others that were mentioned. The one disturbing thing is that memorandum of understanding was a requirement on the front end to make sure that everybody was working toward the same goal. The only thing they have used, and it has been documented, is that they are using the same faulty scientific data. If we find problems in the planning area which we found in the cross acceptance, the same data was used in the Highlands and yet if you want to correct it you have to go to both units, so you have to do double the work. It would be interesting if one agrees with you and the other one doesn’t. Those are two big issues that I don’t know how they’re going to be resolved. One, if all the developments west and north of us come through town because we know most of our traffic growth in the last ten years is not from new housing in Mount Olive its from people coming through all the way from Pennsylvania but we have to put up with it. The other is the fact that there hasn’t been any push and there hasn’t been any leadership in Trenton to force that letter, that memorandum of understanding to say that the Smart Growth people, the office of Smart Growth and the Highlands and the other environmental and DEP departments should work together for one good plan. Thank you.

President Greenbaum: Thank you, any other comments? Thank you very much Chuck. We always appreciate your help on all these planning...these very difficult planning issues.

Mr. McGroarty: Thank you.

President Greenbaum: Did you have anything you wanted to add on the Highlands discussion Megan?

Miss Hurley: No I didn’t.

Questions on Bill List?

President Greenbaum: We are up to questions on the Bill List. Are there any questions on the Bill List which were not identified previously which anyone wants to raise at the present time? Seeing none, we will move on.

APPROVAL OF MINUTES OF PREVIOUS MEETINGS

Nov. 21, 2006 CS
Present: Mr. Buell, Mrs. Labow, Mr. Tepper, Mr. Greenbaum, Mr. Rattner, Mr. Perkins &
Absent: Mr. Biondi

Nov. 21, 2006 Special PM
Present: Mr. Buell, Mr. Perkins, Mr. Rattner, Mr. Greenbaum, Mrs. Labow, Mr. Tepper,
Absent: Mr. Biondi

Dec. 5, 2006 CS
Present: Mr. Buell, Mrs. Labow, Mr. Biondi, Mr. Greenbaum, Mr. Rattner, Mr. Perkins &
Absent: Mr. Tepper

President Greenbaum: We are up to approval of Minutes of prior meetings. Mr. Tepper do you want to move the three set of Minutes on the Amended Agenda please.


Mr. Tepper: Yes, Mr. President. I would like to make a motion to approve the meeting Minutes of November 21, 2006 CS, November 21, 2006 Special PM, December 5, 2006 CS.

Mr. Perkins: Second.

President Greenbaum: Moved and seconded. Are there any changes, deletions, additions? Roll Call please.

ROLL CALL: Passed Unanimously with the exception, Mr. Tepper abstained on December 5, 2006
Mr. Biondi, abstained on November 21, 2006 CS, November 21, 2006 Special PM

CORRESPONDENCE

LETTERS FROM RESIDENTS / ORGANIZATIONS

1. Letter of Resignation received December 4, 2006, from Nick Geiger regarding the Zoning Board of Adjustment.

MUA / HMUA / MSA

2. Letter received December 4, 2006, from the Sussex County MUA regarding FY 2007 Rate Schedule Effective December 1, 2006.

3. Minutes of the November 1, 2006, meeting received December 8, 2006, from Musconetcong Sewerage Authority.

RESOLUTIONS / ORDINANCES / CORRESPONDENCE OTHER TOWNS

4. Two Ordinances received November 27, 2006, from Washington Township regarding Land Use.

5. Resolution received November 27, 2007, from the Morris County Board of Chosen Freeholders regarding Pearl Harbor Day.

6. Resolution received December 1, 2006, from the Borough of Rockaway regarding increasing of fees for non profit organizations conducting legalized games of chance.

7. Letter received December 1, 2006, from the Borough of Roselle requesting regional contribution funding under the regulations of the New Jersey Council on Affordable Housing.

8. Notice received December 4, 2006, from the Township of Chester regarding a Board of Adjustment Public Hearing (Pleasant Hill Road).

9. Resolution received December 7, 2006, from the Township of Pequannock supporting the verification of sanitary sewer service area approval under the Highlands Master Plan.

LEAGUE OF MUNICIPALITIES

10. Letter received December 8, 2006, from the New Jersey State League of Municipalities regarding League Conference audio recordings.

11. Application form received December 8, 2006, the from New Jersey State League of Municipalities regarding Fire – Labor Contract Data Service Subscription.

MORRIS COUNTY

12. Letter received November 27, 2006, from the Morris County Board of Chosen Freeholders regarding Municipal Reorganization Meeting.

13. Letter received November 30, 2006, from the Morris County Board of Chosen Freeholders regarding the Silver Spring Extension.

14. Letter received November 30, 2006, from the Morris County Board of Chosen Freeholders regarding Mount Olive Township’s Black Brook Greenway Application.

15. Letter received December 4, 2006, from the Morris County Soil Conservation District regarding Annual Conservation Poster Contest.

16. E-mail received December 7, 2006, from the Morris County Citizen Connect regarding County News.

DOT / DEP / LOI / HIGHLANDS

17. Letter received November 27, 2006, from Glasson Environmental regarding application for General Permit Authorization for 95 Mount Olive Road, Block 7600, Lot 68.

18. Application received November 27, 2006, from Glasson Environmental regarding Application for Freshwater Wetlands Permit Authorization for 95 Mount Olive Road, Lot 7600, Lot 68.

19. Letter received November 27, 2006, from the State of New Jersey, Department of Environmental Protection regarding Final Hazardous Waste Facility Permit for Veolia Technical Solutions, LLC Block 4500, Lot 37 (1 Eden Lane)

20. Letter received December 1, 2006, from the State of New Jersey, Department of Environmental Protection regarding Notice of Deficiency for Shell Service Station, 208 Route 206 & Flanders Road.

DCA

21. E-mail received November 27, 2006, from the Department of Community Affairs regarding printing of tax bills, Local Finance Notice 2006-21, Cooperative Purchasing Opportunity, Capital Needs Assessment, New and Improved SHARE Program, CY Cost of Living Allowance Rate, Office of Smart Growth, NJ Housing Affordability Service and Cost for Elections.

22. Letter received December 6, 2006, from State of New Jersey, Department of Environmental Protection regarding Authorization for Freshwater Wetlands Statewide General Permit No. 25 Applicant: Leonardo Molina Block 7600, Lot 62 (117 Mount Olive Road).

MISCELLANEOUS

23. Information received December 7, 2006, from ARC / Morris regarding the Fall 2006 Issue of Touchstone.

UTILITIES

24. Fax received November 27, 2006, from Comcast regarding rate adjustments.

25. Letter received November 29, 2006, from Comcast regarding rate changes for customers served by Comcast of Northwest New Jersey, LLC.

26. Letter received November 29, 2006, from Jersey Central Power and Light regarding Wetlands General Permit Municipal Notification 2007, Vegetation Maintenance Activities.

27. Fax received December 1, 2006, from Comcast regarding Sports Programming.

President Greenbaum: There are 27 pieces of correspondence on the amended agenda this evening. Does anyone who wishes to discuss any particular piece of correspondence? Seeing none, we will move on.

ORDINANCE FOR PUBLIC HEARING –None

ORDINANCES FOR FIRST READING - 2nd reading January 9 or 16? 2007

President Greenbaum: There are no ordinances for public hearing tonight. There are two ordinances for first reading. Megan if you will, it’s to determine whether or not there is enough Council support to move forward with those ordinances at this time, which would then require that the ordinances be published and that a date be set for public hearing on the particular ordinances. The first ordinance for first reading this evening, second reading to be either January 9th or 16th. Do we know which it’s going to be? Is the 9th a public meeting?

Mrs. Masser: We haven’t set the schedule for January yet. We will know after tomorrow.

President Greenbaum: Okay, we don’t know which it is gong to be. It will be the first public meeting after the reorg meeting of January 2, 2006. The first ordinance is Ord. #35-2006 entitled:

Ord. #35-2006 An Ordinance of the Township of Mount Olive, County of Morris, and State of New Jersey to Supplement Chapter 102, Documents, Fees for Copies of, Article II, Open Public Records Fees, with the Addition of Sections 102-9, “Failure to Provide Information” and 102-10, “Violations and Penalties”

President Greenbaum: Before we get there. Mr. Dorsey can we introduce first reading and then adopt the subsequent year?

Mr. Dorsey: That is, generally things have changed over the last four years. It’s generally accepted that you can do that now particularly in Mount Olive where you will not have any change in the Council...this year.

President Greenbaum: Okay, so then we can have it for first reading?

Mr. Dorsey: Yes.

President Greenbaum: I would ask Mr. Buell, to please move that ordinance for first reading.

Mr. Buell: Thank you. I move that Ordinance #35-2006 be introduced by title, and passed on first reading, and that a meeting be held on January 9th or 16th, 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?

Mrs. Labow: Second.

President Greenbaum: Moved and seconded. Any discussion? Roll Call please.

ROLL CALL: Passed Unanimously

President Greenbaum: Next ordinance for first reading is Ord. #36-2006 entitled:

Ord. #36-2006 An Ordinance of the Township of Mount Olive, County of Morris, and State of New Jersey to Amend Chapter 8, Committees and Boards, Article XI, Public Library Board of Trustees.

President Greenbaum: This is to correct our particular ordinance to be consistent with the State Statute. Mr. Biondi, could you please move that?

Mr. Biondi: Mr. President, I move that Ordinance #36-2006 be introduced by title, and passed on first reading, and that a meeting be held on January 9th or 16th, 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.

Mrs. Labow: Second.

President Greenbaum: Moved and seconded. Any discussion? 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

1. Resolution of the Township Council of the Township of Mount Olive Authorizing an Extension of Time to January 2, 2008 Under the Developer’s Agreement with Rachel Manor .

2. Resolution of the Township Council of the Township of Mount Olive Authorizing a Resolution of the Tax Appeals Filed by AIG Baker Mount Olive, LLC.

3. Resolution of the Township Council of the Township of Mount Olive Authorizing a Resolution of the Tax Appeals filed by Segal Realty Associates Relative to Lot 4 Block 102, 100 Route 46 for the Years 2005 and 2006.

4. Resolution of the Township Council of the Township of Mount Olive Authorizing the Mayor to Execute an Agreement with the Morris County Municipal Utilities Authority for Transporting, Accepting, Processing and Marketing Mount Olive Township’s Recyclable Materials.

5. Resolution of the Township Council of the Township of Mount Olive Providing for the Transfer of 2006 Budget Appropriations in the Current Fund Budget.

6. Resolution of the Township Council of the Township of Mount Olive Authorizing an Emergency Appropriation in the Water Utility Fund.

7. Resolution of the Township Council of the Township of Mount Olive Opposing the Increase of Fees for Organizations Conducting Legalized Games of Chance.

8. Resolution of the Township Council of the Township of Mount Olive Authorizing the Acceptance of an Enhanced 911 Grant.

9. Resolution of the Township Council of the Township of Mount Olive Authorizing 2006 Capital Budget Amendment.

10. Resolution of the Township Council of the Township of Mount Olive Authorizing a Grant Application to the National Recreation & Trails Program.

11. Resolution of the Township Council of the Township of Mount Olive Authorizing a Professional Services Agreement between the Township and Dorsey & Semrau for Legal Services.

President Greenbaum: We are up to the Consent Resolutions Agenda. Megan, the difference between resolutions and ordinances, Ordinances are laws of the Township. Resolutions are actions of the Council. There are many different forms of actions which would be embodied in a resolution, such as the resolution that Mr. Dorsey just read into the record in terms of asking for extended time or maybe it may be for approval of different administrative functions that the Mayor asks us to do.

Mr. Dorsey: Mr. Greenbaum will be administrating a test to you Megan after this.

Mr. Biondi: Also, to you who laughed in the audience. You’re getting one too.

President Greenbaum: Does anyone on the Council wish to have any of the resolutions on the Consent Resolutions Agenda removed to the Non Consent Resolutions Agenda? Seeing none, I would ask that Mrs. Labow please move the Consent Resolutions Agenda.

Mrs. Labow: I would like to move the Consent Resolutions Agenda for approval items #1-11.

Mr. Perkins: Second.

PUBLIC PORTION ON CONSENT RESOLUTIONS

President Greenbaum: Moved and seconded. Is there any discussion from the public on the Consent Resolutions Agenda? Seeing none.


COUNCIL COMMENTS ON CONSENT RESOLUTIONS

President Greenbaum: Are there any Council discussions? Roll Call please.

ROLL CALL: Passed Unanimously with the exception Mr. Greenbaum abstained on #11.

RESOLUTIONS NON CONSENT

President Greenbaum: Okay we are up to the Non Consent Resolutions Agenda. The first item on the Non Consent Resolutions Agenda is:

12. Resolution of the Township Council of the Township of Mount Olive Endorsing Assembly Bill
No. A961.

President Greenbaum: This is a Resolution which former Mayor Paul Licitra requested that we do whatever we could. It involves a health issue. I am sure everyone has had time to review it. Mr. Buell, do you want to move that please?

Mr. Buell: I move Resolution #12.

President Greenbaum: Is there a second?

Mrs. Labow: Second.

President Greenbaum: Moved and seconded.

PUBLIC PORTION ON INDIVIDUAL RESOLUTIONS

President Greenbaum: Is there anyone from the public who wishes to be heard? Seeing none.

COUNCIL COMMENTS ON INDIVIDUAL RESOLUTIONS

President Greenbaum: Any Councilmember who wishes to be heard? Roll Call please.

ROLL CALL: Passed Unanimously

Mr. Dorsey: These two can be moved together because they both deal with...

President Greenbaum: Does anyone have a problem with moving the next two together? Mr. Rattner, you want them separated?

Mr. Rattner: Yes, I would like them separated.

President Greenbaum: The next resolution is:

13. Resolution Authorizing a Change order for R & R Construction Co., Inc.

President Greenbaum: Mr. Tepper, can you move that please?

Mr. Tepper: I move Resolution #13 for approval.

President Greenbaum: Is there a second?

Mr. Perkins: Second.

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

ROLL CALL: Passed Unanimously

President Greenbaum: The next resolution on the Non Consent Resolutions Agenda is:

14. Resolution of the Township Council of the Township of Mount Olive Approving a Change order to the Contract between the Township of Mount Olive and Suburban Consulting Engineers, Inc.

President Greenbaum: Mr. Rattner could you move that please?

Mr. Rattner: So moved.

Mr. Perkins: Second.

President Greenbaum: Moved and seconded. Is there any discussion from the public? Seeing none, Mr. Rattner.

Mr. Rattner: I don’t know why we are rushing this through. I understand about Resolution #13 that was something that happened in the field, we were polled. I guess the Administration appropriately contacted the Council President, who made sure there was approval. It just happened to be they hit some rock and so they didn’t have to stop construction and they could bring in the extra equipment. The second resolution is for a change order for Suburban Consulting. With all the issues we have had with the public works building, I am not prepared to pass on something that this is the first time that I saw it. I don’t suspect that there is anything inappropriate but we get a letter on December 8th requesting a change order and here it is four days later, that we are requesting to have the change order. We have another public meeting next week. I don’t see any problem in putting it off until then, so if there is any questions or we can look at the total budget.

President Greenbaum: Bill, unless there is any reason why this can’t be moved to the 19th I would ask that it be put on for the 19th so that anyone sitting up here may be able to digest....

Mayor Scapicchio: We have no problem with that at all.

President Greenbaum: Okay, then I’m going to ask Mr. Rattner to withdraw his motion and also to whoever seconded it.

Mr. Rattner: I withdraw the motion.

Mr. Perkins: Second.

MOTIONS

1. Consent to the Mayor’s appointments
Frank Wilpert, Director of Health, 4 year unexpired term expiring 12/31/07
Philip Maenza, Municipal Judge, 3 year unexpired term expiring 12/31/08
Brian Mason, Prosecutor, 1 year unexpired term expiring 12/31/06.
Marshall Gates, Public Defender, 1 year unexpired term expiring 12/31/06
Eugene Buczynski, Township Engineer 2 year unexpired term expiring 12/31/07

President Greenbaum: Very good. Then we are up to motions. We’ve already had a motion with respect to Frank Wilpert. I would ask that some one please move Phil Maenza, Municipal Judge, 3 year unexpired term expiring 12/31/08.

Mr. Biondi: So moved.

President Greenbaum: Is there a second?

Mrs. Labow: Second.

President Greenbaum: Any discussion? Roll Call please.

ROLL CALL: Passed Unanimously

President Greenbaum: The next motion is for Brian Mason, as Prosecutor. It’s a 1 year unexpired term expiring 12/31/06. I would ask someone to move that.

Mr. Perkins: So moved.

Mrs. Labow: Second.

President Greenbaum: Moved and seconded any discussion? Roll Call please.

ROLL CALL: Passed Unanimously

President Greenbaum: Next is a motion for Marshall Gates, as Public Defender, 1 year unexpired term expiring 12/31/06.


Mr. Rattner: So moved.

Mr. Perkins: Second.

President Greenbaum: Moved and seconded any discussion? Roll Call please.

ROLL CALL: Passed Unanimously

President Greenbaum: That last motion that I have with respect to the Mayoral Appointments is Eugene Buczynski, Township Engineer 2 year unexpired term expiring 12/31/07

Mr. Biondi: So moved.

Mr. Perkins: Second.

President Greenbaum: Moved and seconded any discussion? Roll Call please.

ROLL CALL: Passed Unanimously

Mayor Scapicchio: Mr. President, could you just explain what we just did with these appointments please.

President Greenbaum: These were all appointments that these individuals were either holdovers.... they were all holdovers in positions. The former Mayor did not put anybody up in these positions. These are people who were in the positions prior to the Mayor coming into office and /or people that the Mayor had appointed but did not re-appoint and at this point it’s my understanding that the Administration is just trying to clear up all of the appointments that were left outstanding at the time that this new Administration took over the helm in early November 2006.

Mr. Dorsey: I think it should be pointed out that this Administration is an important thing because all these people from the engineer to the public defender etc. play very important rolls in Mount Olive municipal government and the former Mayor left them all in very precarious situations. To my knowledge, all of them continued to serve and serve the Township well notwithstanding that he left a cloud over their particular positions. The one perhaps who had the greatest cloud over him was Mr. Wilpert and that’s the one that the Mayor first resolved this evening. It’s very good to clarify these people so that they have the status they should within the organization.

President Greenbaum: Thank you very much.

Mayor Scapicchio: I would like to thank Council also.

President Greenbaum: Thank you.

2. Bill List.

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

Mr. Rattner: Thank you Mr. President. I move the Bill List 18 pages $321, 997.20.

Mr. Perkins: Second.

President Greenbaum: Moved and seconded any discussion? Roll Call please.

ROLL CALL: Passed Unanimously

ADMINISTRATIVE MATTERS

Library Board Report


Status of Library Grant Monies to be Turned Over to Twp.

President Greenbaum: Under Administrative Matters we have the Library Report but I understand that we had given direction to Mr. Dorsey in term of contacting the architect and what result did we have John?

Mr. Dorsey: This is the result I had. I immediately wrote to Dennis Kowal the architect and two days later I had a call from Larry Powers who is an attorney out of Morristown, whom I recognize because he was involved in some of the litigation involving Turkey Brook Park. He advised me very specifically that the architect had signed off and that that certification had been sent to the attorney for the Library...whoever that is? The name escapes me at the moment. To the best of my knowledge that issue has been resolved... Bill have you heard anything?

Mayor Scapicchio: We have a Library Board meeting tomorrow evening and we will find out all of the details then. Hopefully at that same meeting the new board members are going to authorize the Director of the Public Library to release the funds that has been sent to her that need to be reimbursed back to the municipality.

Mr. Dorsey: Mayor, just in case, when you go to the meeting tomorrow night and nobody seems to have the certification from the attorney, it should be in the hands of the Library’s attorney, whomever they appointed to deal with the litigation and if they don’t have it, let me know and I will immediately make a call to Larry Powers.

Mayor Scapicchio: I will do that.

President Greenbaum: I would like a report on the 19th as to what’s happening with respect to the additional funds that the State has not yet turned over and I think that is where the architectural sign off was even more particularly relevant. Alright, in terms of the Library Board report, the Library is meeting tomorrow evening at 7:00 is that correct?

Mayor Scapicchio: Yes.

President Greenbaum: Okay, is there anything additional on the Library at this point in time?

Mayor Scapicchio: Not at this point.

President Greenbaum: Thank you very much Mr. Dorsey. It’s another job well done on behalf of the Township. Any other Administrative matters that need to be raised this evening, Mr. Sohl or Mayor Scapicchio?

Mayor Scapicchio: No, other than I think that Steve’s request to move the additional change order for Suburban was appropriate and I actually think that we can probably....we will address that for the 2007 budget, that the DPW building is going to be a priority of my Administration in terms of completing that project, so we can certainly address that change order through those discussions.

President Greenbaum: Okay. Megan do you have any questions for the Mayor or the Business Administrator at this point in time?

Miss Hurley: No I don’t.

OLD BUSINESS

President Greenbaum: We are up to Old Business. Any old business?

NEW BUSINESS

President Greenbaum: Any New Business? We will start with Mr. Tepper.

Mr. Tepper: In light of the recent Supreme Court decision regarding condemnation or eminent domain for open space, I hope that we are planning on re-addressing acquisition of the open space and specifically with the ARD property since there is a tax appeal, I hope that we utilize the purchase price to be the amount they are asking for in their tax appeal.


President Greenbaum: We have listed it for executive session discussion on the 19th. I have already spoken to Mr. Dorsey to fully prepare a briefing for us as to the import of that decision. I have already received a memo from Mr. Dorsey on that subject. I would ask Mr. Dorsey to contact or perhaps the Administration to contact Mr. Krauser’s office to determine where we are going in terms of a dollar amount for our discussion with respect to Morris Chase so we can appropriately discuss whether or not the Township is in a position.....Mr. Buell did you have something on that issue?

Mr. Buell: Yes. I was wondering if we could invite the School Board or a representative of the School Board to attend that Executive Session with us.

Mr. Dorsey: I think we should do one thing here. I think all of these discussions relative to this specific piece of property should held in executive session. Obviously, you understand the reasons for that and I would not discuss it further. I think you have to have your own executive session and if you then wish to bring in the Board of Education, I think you would do that subsequent. You are now getting involved, and it appears seriously, in an area that is clearly litigation and would clearly end up in some kind of a court challenge. So it should all be done in executive session for understandable reasons.

President Greenbaum: Right, which does not include the Board of Education. Mayor did you have something?

Mayor Scapicchio: No, I will do it at closing. It wasn’t related to this.

President Greenbaum: I am not sure I am going to give you the opportunity to speak this evening. Okay, then Mr. Rattner was next under New Business.

Mr. Rattner: There have been a lot of bills that were put in the Assembly and Senate in the last couple of days, a lot of them by our legislators, Bucco, Merkt, DeCroce, Littell. They won’t go anywhere but some of them were interesting. One that would provide for reduced sales tax if your town is.....sales taxes you can charge if you are primarily in the preservation zone letting the Highlands be the Board of Adjustment but there were two that I thought were interesting. One thing I think Mr. Buell you will be real excited about and that was
A-3742 requires certain municipalities to regionalize a percentage of municipal services by 2008. It’s part of the redesign of the way the State does business. Basically, what it says....and it is interesting. It’s only for towns less than 20,000 so there are six or seven of them in Morris County. With that, it means all the other towns have to come up with some joint services, at least a plan, by the end of the 2007 budget year. I thought that was interesting. I got the bill out, just the idea that some of the people that you talk to say this is coming maybe you should get on the band wagon early. It’s only a three page bill, very very plain, that you have to start a plan showing how you are going to do it to reduce costs. The other and it has to do with the marginal road presentation that we got a month or two ago, you know, service roads? There actually was a bill entered
A-3640 which revises the State Access Management Act and this is something that the State has been moving toward and it is to reduce the driveways on state highways, you know the access on. This bill basically says if you’re going to generate more than 200 vehicle trips you’re not going to get any DOT permits. Now this is only a bill putting in but this is where they want to go and we have had that issue in town before where we have been denied, Rita’s, even with the car wash where they refused to have any new access. That may force the fact at looking at marginal roads, they are looking at both safety and throughput on existing travel lanes without adding any new ones. That was just something that I thought was interesting. I don’t know if it is going anywhere but it has been introduced by McKeon.

President Greenbaum: Thank you, Mrs. Labow you had some new business?

Mrs. Labow: Yes. I have three quick items. Number 1, I just wanted to talk about a luncheon that Mr. Sohl and I went to yesterday at the Veolia Company Environmental Services over on...

Mr. Sohl: Eden Lane.

Mrs. Labow: Eden Lane... yes thank you. Eden Lane and what that was all about actually was they had applied to OSHA for a VPP program which is Voluntary Protection Programs. From the best, we could ascertain Monday... yesterday, they are the first company in Morris County to receive this award, Star Award, from OSHA and there is only a little over 100 in New York and New Jersey and I would like to invite them some time in January when its appropriate for us and for them to come and receive a resolution, presented to them by Council because it was really quite an accomplishment to be able to do that. Perhaps Mayor Scapicchio...you would like to do a Proclamation for them as well?

Mayor Scapicchio: Yes.

Mrs. Labow: What do you think first... I still didn’t find out when our public meetings are. The next thing I wanted to bring up, I saw Morris County Freeholders now have on their website, where you can have a... it’s a citizen alert email thing that they have going on. You can just click on the link and sign up for it and they will send you, periodically, updates on all of the activities that are going on in Morris County. I would like to know if there is some way we could have something like that added on to our Township website, so that we can have our residents who can register to be on that email distribution list and we can start sending out emails to our residents which would be quite a savings as far as sending out mailers and so on and so forth. If we could start to formulate some sort of email data base to communicate with the residents. Last but not least, I don’t know if anybody read the Municipalities magazine that we got last week? Burlington County, they had 11 municipalities all total joined together for a solid waste interlocal agreement and in two years time, in just having their solid waste removal together with 11 communities saved 35% of their budget, totaling $650,000. I think that is again, going off what Steve before, I think that is something we really need to look to in January, February and March. Hopefully it won’t take too much longer than that. I guess we will first bring it up with the Solid Waste Advisory Committee which Mr. Tepper used to be the liaison to.

Mr. Tepper: I would be very happy to hand it to you.

Mrs. Labow: Thank you, that’s it.

President Greenbaum: Any other new business.

LEGAL MATTERS

Mr. Dorsey: Yes, I would just mention, especially since we have some students here, that we have been pursuing the issue of the juveniles who burned down the Muelbauer building almost from the moment the fire stopped. Mr. Sohl appeared in the court proceedings before Judge Dangler, I believe it was and obtained an order from the court which included a requirement that the four juveniles compensate the Township, at least in part for $30,000. The actual value should been up around $40,000 but I am afraid Marchione initially under estimated it. However, I have now pursued the matter and I have three homeowner insurance companies who have stepped up to the plate and have tentatively agreed to pay 25% each of that $30,000 amount. I was able to send to them today, I believe what will be... I hope will be from their standpoint satisfactory proof of loss with a value put together by Krauser together with pictures before and after the burning and the finding by construction code official that the building ultimately had to be demolished. So I am hopeful by the first of the year we will begin to get some checks to compensate the Township. There is one homeowner whose homeowner’s policy insurer has not responded and I will have to pursue that matter separately.

President Greenbaum: Thank you, Mr. Biondi.

Mr. Biondi: Just a comment on that legal matter. I think once this is finalized and we have the money we have to make this public and we have to go to the paper put it out there for everybody in Town to see that we are not playing games. These kids and their parents have to be held responsible after we get the money obviously.

Mrs. Labow: I just saw yesterday, two days ago on the back of the Best Western Hotel on the Elizabeth Lane side, there’s graffiti all over...a part of the wall. It’s like.....

Mr. Rattner: Isn’t that in your neighborhood, were you out that night?

Mrs. Labow: No, I was home.

President Greenbaum: Any other new business? Any other items under legal matters?

COUNCIL REPORTS

Recreation Liaison Report

Mr. Biondi: There was no meeting this month. It was cancelled for lack of interest. We will pick it up...

Mrs. Labow: Lack of interest?

Mr. Biondi: She called me and said there was a lack of interest, there was no meeting. We will pick it up in January.

President Greenbaum: Everyone was busy doing other things.


Mr. Biondi: I’m sure.

Board of Health Report

Mrs. Labow: We meet the 20th.

Planning Board Report

Mr. Tepper: Meet Thursday.

Board of Adjustment Liaison Report

Mr. Perkins: Next week.

Mr. Dorsey: Mr. Perkins, the one thing we have to look forward to here is the case of Ternberry where there was... I suspected there was going to be adverse decision requiring the Township to buy those lots. The court apparently has given the Board of Adjustment at least from my standpoint, another opportunity to justify the denial of those variances. So somehow, you have to stay on top of that now because we don’t want to be placed in a position where the Township has to buy those lots which will be the position if the Board of Adjustment doesn’t properly document its denial.

Mr. Perkins: Having that matter brought before me, Mr. Dorsey, I believe two months previous. I had subsequent to that discussion had a meeting with the Zoning Board Chair as well as Mr. Cavanaugh. They feel that they have heard everything that there is. No other testimony that could possibly be brought forward would change the board opinion and they are not inclined to rehear it. Now obviously, I am very well aware of where the area is and what we would need to do. That has been a drainage area problem up there for a long time. I am not sure where we go. You and I have not had a full discussion yet. I would like the opportunity to speak with you in private more about this matter.

Mr. Dorsey: Yes, I think we may have to discuss it with the attorney for the Board of Adjustment because I kind of think the order Judge Bozonelis signed kind of requires the Board of Adjustment.....I am not saying that they change their position. They have to be able to document their decision in terms of the Township’s Land Use Code.

Open Space Committee Report

Mrs. Labow: Yes, we met last night and can’t talk about most of what we talked about because things need to be finalized. Other than that, I did find out that for next year any grants that we want to apply for, for Open Space, we are going to be limited to one. In the past we have been able to make a couple of applications and next year there is only one, as the funding is limited and that is about the size of it.

Legislative Committee Report

Mr. Biondi: We are waiting for a response from the DOT on the changes that were made by the Mount Olive Police Department to the speed limits on 206. Number two we have a tentative appointment with....as soon as she gets over her e coli battle... to do some other things on 206. Specifically, the light going up to the High School, all that lighting needs to be changed, timing wise because it is a nightmare. So as soon as she comes back from her illness....

President Greenbaum: Who is she?

Mr. Biondi: Kristie Petrides, who works directly with Guy Gregg who has been very instrumental helping us with this thing. We will be meeting with her and the Chief and Scott VanNess.

President Greenbaum: She ate at Taco Bell?

Mr. Biondi: Yes she did, as a matter of fact. They have been absolved from what I understand but she did eat...

President Greenbaum: In Succasunna?

Mr. Biondi: I don’t know which one but she has been out for about two weeks.

President Greenbaum: I know they closed that store.

Mr. Biondi: They all reopened today.

Pride Committee Liaison Report

Mr. Perkins: No report.

Board of Education Liaison Report

Mr. Buell: Yes, they met last night. On a happy note they’ve acquired the JCC parking area to add additional parking spaces. They now have 194 parking spaces for their seniors but they still don’t have enough, so that is an issue. On another note, the Board of Education actually passed a resolution last night approving a $92,500 insurance bill or a repair to the Mountainview School, to the gym floor which was damaged whatever on Thanksgiving weekend. They claim it was a result of the water main pressure problem that was created at Clover Hill. They also discussed the issue that many of them had heard that other residents in town, I think Mr. Biondi and some of his people around him indicated damage to their places as well. I contacted or sent Bill Sohl an email last night informing him of this. I sent you all a copy of it and again the issue is not that but one of the concerns that I have is that we had no idea that this claim has been made. Unfortunately, the high school has not communicated to us that this damage was created and we have a liability they think, in this process. It just shows a very strong weakness in terms of the communication between our Administration and the High School....the School Administration in terms of coordinating this. It has blown up in the last three years and I think it is something that we really need to work on in terms of closing that gap. When Bill called, Lynn Jones who is the assistant business administrator, today he knew nothing about this $92,500 claim or the damage that had been created or the fact the School Board felt that it is our fault or our water systems fault.

Mayor Scapicchio: Lynn Jones wasn’t aware of it?

Mr. Buell: No, Lynn Jones was aware of it but Bill Sohl and we weren’t aware of it until today.

Mayor Scapicchio: Understood.

Mr. Biondi: I think some of us were aware...I was aware of the damage anyway in my neighbor because it was a direct result of the painting of the water tower and the changing of the pressures and this that and the other thing. I knew that that floor had gotten damaged a lot. I have two neighbors that will ultimately have claims. One lost the whole down stairs bathroom because the pipes burst. I had Tim Quinn in the middle of that so he is aware of it.

President Greenbaum: Does the contractor have liability as well John?

Mr. Dorsey: He has to have...well it all depends. Somebody has to go in with some scientific knowledge and determine exactly what caused it. I know why the Administration wouldn’t hear about this. They wouldn’t hear about this because the School Board is going to do exactly what they should have done, and that is to turn to their insurers. They’re entitled to collect first party insurance....insured under their own policies. Now the question becomes whether or not their insurance companies will subrogate or attempt to subrogate against the Township. That’s when we will have to get into the issue whether or not we have liability.

President Greenbaum: And the contractor as well.

Mr. Dorsey: Yes.

President Greenbaum: Okay. Well Mr. Buell’s point, I think should be well taken by the Administration. Perhaps a letter should be sent from the Administration to the School Board indicating that we are prepared to open up the lines of communication when issues arise which affect both the Township and the School Board so that everyone is equally prepared to move forward on those issues.

Mr. Sohl: We have no problem doing that.

Mr. Dorsey: But don’t indicate any responsibility for this.

Mr. Sohl: We’ve already had at least a recent discussion with Mountainview School. I think her roll is assistant something at Mountainview.

Mr. Buell: I was not aware of Lynn’s roll.


Lake/Environment Issues Committee

Mr. Rattner: Just something strange happened, ice formed on the lake over the weekend some of it is still there.

Safety Committee Liaison

Mr. Perkins: No meeting.

Finance Committee Report

Mr. Rattner: Yes, I actually have something to report. It’s mainly due because we have a new Administration. We have our first meeting set in a long time for next week, a week from today. The meeting is going to meet the Mayor and discuss what he sees as issues and what he would like to see done. I think this shows that things are moving ahead and we will probably get something accomplished this year.

Economic Development Committee Report

Mr. Rattner: Nothing to report.

Solid Waste Advisory Committee Report

Mr. Tepper: Nothing to report.

PUBLIC PORTION

President Greenbaum: Is there anyone from the public who wishes to be heard? Mr. McDonnell, if you would be so kind and come up to the podium and state your name and address for the record.

Ned McDonnell, Budd Lake: Ordinance #36-2006. I think there is an unclear sentence in the wording. It’s in the underlying portion. Upon the expiration of the term of office of any trustee, the Mayor or other Chief executive officer ofmMunicipality, shall appoint a citizen for a term of five years in the same manor as the original appointment was made. I would think that you would want to strike out, “for a term of five years.” You would appoint in the same manner as the original appointment. For the term five years seems.....

Mr. Tepper: The term is five years and rotates through, so your point is taken. I think you’re saying they don’t get five additional years. They get the balance of that existing five year term.

Mr. McDonnell: No. Not a vacancy where somebody resigned. This is where the expiration of the term, the next citizen...by this meaning, every time a term expired, it would be a five year term that’s re-appointed.

President Greenbaum: That’s what it is.

Mr. Tepper: That’s correct.

Mr. McDonnell: So eventually, everybody will be five year terms?

President Greenbaum: No, they’re staggered.

Mr. Tepper: He’s right, they’re all five year terms but they are all staggered across.

Mr. McDonnell: Above it, it says for terms of 1, 2, and 3, 4 and 5 Years.

Mrs. Labow: That is when it first...that is when they began it.

Mr. McDonnell: One of these doesn’t match.

President Greenbaum: Ned, they’re all five year terms. One expires each year, they were originally staggered. When the board was set up there was an appointment for...it was set up in a manner, where one expires every year and they‘re all five year terms.

Mr. Biondi: Was that taken from the State Statute?

President Greenbaum: I assume it was.

Mr. Biondi: I would think so.

Mrs. Labow: Ned, when it first began, Ned, so that everybody would have five year terms. They would have X amount of people would expire one year and another one with two years, three years and then after the first year. The first one would expire and then get five year, two years later that person would then get five years and that is how you set up your staggering process so you don’t lose the whole board every year. That is what that first line means.

Mr. Tepper: It’s just very confusing.

President Greenbaum: They are all intended to have five year terms.

Mr. McDonnell: I don’t argue the point that they are all five year terms. What I am arguing is it is very unclear when it says the appointments shall be for terms of 1, 2, 3, 4, and 5 years. Now how can you appoint someone for a term of one year?

President Greenbaum: Its original appointments when the board is set up. I understand what you are saying...

Mr. Dorsey: It was initially set up. We are way beyond that point in time now.

President Greenbaum: All that Ned is arguing is that the ordinance as it is being proposed is not clear not that it’s not appropriate.

Mr. McDonnell: Absolutely, it just seems a little gobble de goop, that’s all.

Mr. Dorsey: We will work on it.

Mr. McDonnell: Thank you.

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

COUNCIL COMMENTS

President Greenbaum: We are up to final comments. Megan did you have anything this evening that you wanted to add?

Mayor Scapicchio: I did. One thing Mr. President.

President Greenbaum: I am not up to you....

Miss Hurley: Did you think they said Mayor?

Mayor Scapicchio: I thought he said Mayor.

Miss Hurley: Okay.

Mr. Biondi: Nothing personal but she’s a little prettier than you are. We will let her go first.

Mayor Scapicchio: I agree.

President Greenbaum: Megan did you have anything that you wanted to add this evening in closing.

Megan Hurley: No, I do not but I just have a quick question. I don’t if this is....why do you take roll after all of those motions?

Mr. Dorsey: The answer to that is there must be a recorded vote. Each individual member of the Council, those are the only people that are entitled to vote. Their aye or nay or abstentions must be recorded. That’s a statutory requirement or you don’t know what the ultimate vote is. Everything tonight was unanimous as far as I can remember. Often times there are split votes. There are people with abstentions so that is why everyone is called on individually to state whether it is aye, nay, or abstention.

Megan Hurley: Okay, thank you.

President Greenbaum: Bill, did you have anything you wanted to add tonight?

Mr. Sohl: No.

President Greenbaum: Mr. Tepper........Mayor, did you have something you wanted to add this evening?

Mayor Scapicchio: One thing Mr. President, thank you. I don’t know if Councilmembers have been receiving phone calls but over the past week I have received probably 15 to 20 phone calls and or emails from people that live on Woodbine and the area neighborhoods related to Toll Brothers and Morris Chase with the construction activity starting early, traffic going down streets where it’s not supposed to. Gene Buczynski has been in that loop and has responded in a very timely manor. I think the police are also now aware of paying attention to potential speeding from workers in those areas. I have been told by Gene that the traffic through that development should halt within the next two weeks and all the traffic to and from that development should come in from Flanders Road.

President Greenbaum: Thank you, is that it Mayor?

Mayor Scapicchio: Yes.

President Greenbaum: You sure?

Mayor Scapicchio: Yes.

President Greenbaum: Okay, Mr. Tepper.

Mr. Tepper: I have no comment thank you.

Mr. Buell: None.

Mr. Biondi: Nothing.

Mrs. Labow: None.

Mr. Perkins: Thank you, Mr. President. I just have a few...

Mrs. Labow: Oh, you have a comment?

Mr. Perkins: Yes I do.

Mrs. Labow: Okay, I will pay attention.

Mr. Perkins: I doubt that Colleen. Just a couple things, Mr. President. Thank you very much. As Chair of the Santa house project for the Kiwanis, I would like to thank the Administration especially for the outstanding contributions and help by both the DPW and the Police. There had been some concern of traffic safety in that area last year by most of the members of the Kiwanis. We had decided to try to shut down the road for a short duration. That now has become, not necessary we did affect some of the businesses. The decision was made to leave that road opened. The DPW and the Police had responded appropriately. Mr. Mayor and Mr. Sohl, I want to thank you on behalf of the Kiwanis for that. With regard to both the water pressure issue and the utility asset evaluation that we have been discussing previously, I will again offer any assistance to the Administration, my 30 some odd years in the water industry I can be a benefit there especially in light of what has just happened with the pressure issue. I might be able to shed quite a bit of light on that especially in light of having faced those same problems myself over the years. Thank you Mr. President.

Mayor Scapicchio: Thank you Ray.

Mr. Rattner: Two quick things. Mayor, last week when Gene Buczynski was here, he said to make him aware of the traffic. R & R it seems to be primarily them, are sending a lot of heavy trucks up and down Goldmine Road. They are supposed to come in but they are supposed to come in from the industrial part. They have some sort of agreement with opening the gate and they are constantly coming up because it is easier. If you could just let him know. I mean it’s not a real big problem. It’s just that it is tearing up the road.

Mayor Scapicchio: I haven’t heard any complaints from Goldmine Road residents.

Mr. Rattner: Yeah, we don’t complain too much.

Mayor Scapicchio: Okay.

Mr. Rattner: They will just come over to me but anyway, it’s not a real big issue but he said let him know, the trucks aren’t supposed to be coming down and they do have a different access from Goldmine Road. The other thing is that we all got a memo from Kathy Murphy about community development grants and I saw that it says that the Administration if you have any ideas by the 15th which is the end of the week. They did change the policy that every town can only put in one application. They stated the reason being is, that too many towns were putting in too many applications and they weren’t always real good. They figured lets just put in and see what sticks. It was an interesting vote. It was very very close, a lot of the different towns, it seemed like most of towns in western Morris County liked the idea of multiple. The ones eastern and central did not. The other is that does not include non-profits. Non-profits that are within, solely within a town have to be counted as a town application. If you serve more than just the town and there were some examples in the memo, then they can have their own application stand on its own. I did bring up to the fact to the committee before the vote, I said most rescue squads, fire department they serve more than just communities. Mutual aid agreements, they do go back and forth, they cover other towns. I got a nebulous response. If they don’t just serve a town, then your okay. I mean Kathy thinks they know what the intent is but maybe it is something that we have to think about looking at the applications we have anyway because I don’t have any problem bringing that forward and saying it was exactly the way it was explained but we have to get that in. The last thing for our Jewish residents, have a happy and joyous Hanukkah week which starts this Sabbath.....

Mrs. Labow: Saturday the 16th.

Mr. Biondi: Saturday.

Mr. Rattner: See that’s what happened. You have your Christian calendar, it’s Friday night.

Mr. Tepper: It’s Friday.

Mr. Rattner: On the Jewish calendar the days from sundown to sundown. Anyway Happy Hanukkah everybody.

President Greenbaum: I will close with the final comment. Megan, while we joked around a bit here tonight we do appreciate and we are honored by the fact that you decided to join us and participate in our meeting and we certainly would open that up to any of our high school students who have an interest or an assignment related to municipal government. To the extent that it would add to your presentation, I am sure there are a number of Council people who would come and speak to your class if the teacher was so interested. It’s something that we have done in the past and I know there are a number of people up here who just love to talk.

Mr. Biondi: You mean she’s not coming back every week?

President Greenbaum: No, this is a one timer. Mayor, did you have something?

Mayor Scapicchio: Rob, I just wanted to add on that note. I have had discussions with Noreen Risko and I have a meeting with her tomorrow. You may or may not recall, there used to be a student government day where students were assigned to the elected officials for the day and the meeting that evening. That hasn’t happened in the past three years. We are now going to start that again.

President Greenbaum: Oh god, help the student that gets Rattner.

Mr. Rattner: One year they gave me three because I was so popular.

President Greenbaum: Probably because they can only listen to you talk for so long they had to split it up.

Mrs. Labow: They had to take turns.

Mayor Scapicchio: My suggestion to Noreen was that we try to set that up on a day when we have some activity in terms of subcommittee meetings, possibly going on in Town hall and then a public meeting or a workshop or whatever it may be.

President Greenbaum: That sounds good. Motion to adjourn.

Mr. Biondi: So moved.

Mrs. Labow: Second.

AYE

ADJOURNMENT

Motion was made and seconded, all in favor and none opposed, the meeting was adjourned at 8:49 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 January 9, 2007.

_____________________________
Lisa M. Lashway, Township Clerk


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