TOWNSHIP COUNCIL PUBLIC MEETING MINUTES - December 20, 2011

 

The Public Meeting of the Mount Olive Township Council was called to Order at 7:01 pm by Council President Tobey.

 

OPEN PUBLIC MEETINGS ACT ANNOUNCEMENT

 

Mrs. Lashway: According to the Open Public Meetings Act, adequate notice of this meeting has been given to the Daily Record. Notice has been posted at the Municipal Building, 204 Flanders-Drakestown Road, Mount Olive Township, New Jersey and notices were sent to those requesting the same.

 

ROLL CALL

 

Present: Mr. Perkins, Mr. Tobey, Mr. Mania, Mr. Roman, Mr. Walsh, Mrs. Labow, Mr. Ferrante

 

Absent: None

 

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

 

President Tobey: We are up to Approval of the Minutes of the Previous Meetings. Mr. Ferrante, would you be

so kind.

 

APPROVAL OF MINUTES OF PREVIOUS MEETINGS

 

Dec. 6, 2011, WS, CS & PM (Mr. Walsh & Mrs. Labow absent)

 

Mr. Ferrante: I move for the approval of the Minutes of December 6, 2011.

 

Mr. Roman: Second.

 

President Tobey: It's been moved and seconded. Roll Call please.

 

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

 

President Tobey: We have a Proclamation of the Mayor regarding Mr. Dorsey. Mayor Scapicchio.

 

Mayor Scapicchio: I've actually already given this to John at a dinner party that I attended but I would

like to read it into the public record and I've been fortunate. I was on Council for eight years. My term

ends this year. I've been Mayor for five years and I just feel that I've been fortunate to have Mr. Dorsey

as an attorney trying to help move not only my agenda but the Town's agenda in the right direction for

the right reasons and with that, having said that…

 

WHEREAS , the Township of Mount Olive was fortunate to have Senator John H. Dorsey serve as its Municipal Attorney as part of a career which began with education from Yale College and Yale Law School and the pursuit over 50 years of the practice of law and eighteen years of dedicated public service in the New Jersey Senate; and

 

WHEREAS , John H. Dorsey, initially appointed as Planning Board Attorney, was appointed as Municipal Attorney for the Township of Mount Olive on January 1, 1984 and he has successfully served and advocated for the residents of Mount Olive at all times herein through December 31, 2011; and

 

WHEREAS , during such time, he has provided legal services and guidance to five Mayors, eleven Business Administrators and has attended over 1,000 meetings of the Mayor and Township Council; and

 

WHEREAS , during such time, he has provided exceptional, courageous, and relentless legal services to the Township in a style and manner that is truly unique and beneficial to the Township; and

WHEREAS , Mr. Dorsey's legal successes include, but are not limited to, and this really is just a snapshot into the time that John has put here in Mount Olive:

 

•  Mt. Olive Complex v. Township of Mount Olive , a renowned Appellate Division case where the Township was the first municipality to successfully defend a five-acre zoning challenge;

•  Toll Brothers v. Township of Mount Olive , a case where Mr. Dorsey effectively utilized the Highlands Act to preclude future development;

•  Township of Mount Olive v. Interverse Enterprises , a case where the Township successfully defended a zoning challenge and the municipality was able to successfully rescind a $1 million dollar purchase price for the property;

•  New Jersey Foreign Trade Zone v. Mount Olive , a case where the Township successfully obtained a Court decision to uphold a $6 million dollar added assessment.

 

WHEREAS , in addition, Mr. Dorsey successfully pursued sanitary sewer allocation fees, assisted in the legal defense of matters involving the development of Turkey Brook Park, Open Space acquisitions, defended the interest of the Township in connection with Developer's Agreements, pursued remediation for environmental clean-up, all while demonstrating an enormous advocacy on behalf of the Township of Mount Olive.

 

NOW THEREFORE, in honor of the years of dedication and service I, David Scapicchio,

Mayor of Mount Olive Township do hereby proclaim this date of Tuesday, December 20, 2011, by

recognizing Senator John H. Dorsey for his extraordinary dedication and legal services in his

representation of the Township of Mount Olive. John, thank you very much.

 

Mr. Dorsey: It has always been a privilege and a pleasure. It's been great working with you and all the

Council persons who have sat up here with me and, of course, certainly with Lisa who keeps me straight

and covers up for me from time to time. So thanks very much.

 

CORRESPONDENCE

 

LETTERS FROM RESIDENTS/ORGANIZATIONS

 

  1. E-mail received December 2, 2011, from Downtown New Jersey, Inc. regarding Don't Miss the Downtown New Jersey Excellence Awards Dec. 15 th . PDF Correspondence

 

  1. E-mail received December 2, 2011, from Pharma Care, Inc. regarding Employee Medication Assessment Program – You would be surprised too. PDF Correspondence

 

  1. E-mail received December 6, 2011, from Downtown New Jersey, Inc. regarding Be in New Brunswick December 15 th . PDF Correspondence

 

  1. Outdoor Issues received December 7, 2011, from The Land Conservancy of New Jersey. PDF Correspondence

 

  1. E-mail received December 8, 2011, from Downtown New Jersey, Inc. regarding The Deadline is here for DNJ Excellence Awards tickets. PDF Correspondence

 

  1. E-mail received December 8, 2011, from New Jersey Future regarding Call for Nominations – 2012 Smart Growth Awards. PDF Correspondence

 

  1. Letter received December 9, 2011, from Donald Walker regarding Capping the Fenimore Landfill in Roxbury. PDF Correspondence

 

  1. E-mail received December 12, 2011, from Downtown New Jersey, Inc. regarding Free Webinar, SID Consultant Sought and Excellence Awards. PDF Correspondence

 

  1. E-mail received December 15, 2011, from NJ Future regarding Planning For New Jersey's Future. PDF Correspondence

 

  1. E-mail received December 14, 2011, from Paul Licitra regarding Route 206 and Connelly Ave. PDF Correspondence

 

ORDINANCES / RESOLUTIONS / CORRESPONDENCE FROM OTHER TOWNS

 

  1. Resolution received December 13, 2011, from the Township of Mendham regarding a Resolution Calling for Improved Storm Response from JCP&L and Commitment to Develop a Better Storm Action Plan. PDF Correspondence

LEAGUE OF MUNICIPALITIES

 

  1. E-mail received December 5, 2011, from the New Jersey State League of Municipalities regarding the First Annual Statewide Holiday Blood Drive Campaign. PDF Correspondence

 

  1. E-mail received December 6, 2011, from the New Jersey State League of Municipalities regarding Transitional Aid passes Assembly and Assembly Voting Session December 5 th . PDF Correspondence

 

  1. E-mail received December 7, 2011, from the New Jersey State League of Municipalities regarding 2011 Emergency Master Plan (EMP), 3 Upcoming EPA Funding Opportunities & NEWA's Our Town Grants. PDF Correspondence

 

  1. E-mail received December 8, 2011, from the New Jersey State League of Municipalities regarding Senate Budget Appropriation Hearing on S 2794. PDF Correspondence
  1. E-mail received December 9, 2011, from the New Jersey State League of Municipalities regarding Legislative Alert. PDF Correspondence

 

  1. E-mail received December 12, 2011, from the New Jersey State League of Municipalities regarding Invitation to Attend 20 th Annual Mayor's Legislative Day. PDF Correspondence

 

  1. E-mail received December 12, 2011, from the New Jersey State League of Municipalities regarding New Content on DLGS Website. PDF Correspondence

 

  1. E-mail received December 12, 2011, from the New Jersey State League of Municipalities regarding Upcoming League Seminar, Update on Paterson Police PBA Local 1 v. Paterson and Administrator or Manage Recruitment & Selection. PDF Correspondence

 

  1. E-mail received December 14, 2011, from the New Jersey State League of Municipalities regarding Legislative Alert – Assembly & Senate Voting Session Committee Hearings. PDF Correspondence

 

  1. E-mail received December 14, 2011, from the New Jersey State League of Municipalities regarding NJ Local Government Deskbook and Upcoming League Seminars. PDF Correspondence

 

  1. E-mail received December 15, 2011, from the New Jersey State League of Municipalities regarding Division of Local Government Services Issues Guidance on CY 2012 Budget. PDF Correspondence

 

  1. E-mail received December 15, 2011, from the New Jersey State League of Municipalities regarding New Requirements for Budget Message in 2012 and the 20 th Annual Mayor's Legislative Day. PDF Correspondence

 

  1. E-mail received December 16, 2011, from the New Jersey State League of Municipalities regarding Local Finance Board paving Way to Faster Refundings and Ethics Resources from the League. PDF Correspondence

 

 

DEP / DOT / LOI / HIGHLANDS / EPA / DEPT. OF AGRICULTURE / ABC / BIDS

  1. E-mail received December 5, 2011, from the New Jersey, Department of Environmental Protection regarding NJDEP Press Release Regarding the Week Long Bear Hunt. PDF Correspondence

 

  1. Letter received December 5, 2011, from the State of New Jersey, Department of Environmental Protection regarding a Notice of Deficiency for Bernard Decristofaro, 11 Stanley Place, Budd Lake, NJ. PDF Correspondence

 

  1. Letter received December 8, 2011, from the State of New Jersey, Department of Environmental Protection regarding On Scene Coordinator Residential Discharge Authorization Approval for BL 3601 Lot 2, (1 Pershing Avenue.) PDF Correspondence

 

  1. Letter received December 12, 2011, from the State of New Jersey, Department of Transportation regarding a Traffic Control Signal at the Intersection of Route 46 and Connelly Avenue. PDF Correspondence

 

MUA / MSA

 

  1. Minutes received December 8, 2011, from the Musconetcong Sewerage Authority regarding the October 5, 2011 meeting. PDF Correspondence

 

  1. Minutes received December 8, 2011, from the Musconetcong Sewerage Authority regarding the November 7, 2011 meeting. PDF Correspondence

 

  1. MSA Audit received December 12, 2011, from the Musconetcong Sewerage Authority regarding the year 2010. PDF Correspondence

 

DCA

 

  1. E-mail received December 12, 2011, from the Department of Community Affairs regarding NJDARM Webinar Courses. PDF Correspondence

 

  1. E-mail received December 12, 2011, from the Department of Community Affairs, regarding GovConnect Update: December 12, 2012. PDF Correspondence

 

MORRIS COUNTY

 

  1. Minutes received December 5, 2011, from the Morris County Planning Board regarding the October 20, 2011 Meeting. PDF Correspondence

 

  1. E-mail received December 5, 2011, from the County of Morris regarding the MCPO Holiday Open House Invitation. PDF Correspondence

 

  1. E-mail received December 9, 2011, from the County of Morris regarding 2012 CDBG Applications. PDF Correspondence

 

UTILITIES

 

  1. Notice of Filing and Public Hearing received December 12, 2011, from Jersey Central Power and Light regarding Notice of Proposed Increase in Remediation Adjustment Clause and Notice of Public Hearing Thereon. PDF Correspondence

 

  1. Fax received December 16, 2011, from Comcast regarding New Date for High Definition Channel Additions and Other Changes. PDF Correspondence

President Tobey: Moving on, we have 38 pieces of Correspondence. Any discussion at this time?

Seeing none, we are up to:

 

ORDINANCES FOR PUBLIC HEAR ING

 

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

 

Ord.#32-2011 An Ordinance of the Township Council of the Township of Mount Olive Providing for Change to Water Charges Pursuant to Section 196-28 of the Mount Olive Township Code.

 

President Tobey: Does anyone from the public with to be heard? Seeing none, Mrs. Labow, would you

be so kind.

 

Mrs. Labow: Yes, thank you Mr. President. I'd like to move Ord. #32-2011.

 

Mr. Roman: Second.

 

President Tobey: It's been moved and seconded. Any Council discussion? Roll Call please.

 

ROLL CALL: Passed Unanimously

 

President Tobey: Ordinance #32-2011 is passed on second reading and I hereby direct the Clerk to

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

hearing to the public on:

 

Ord.#34-2011 Ordinance of the Township of Mount Olive, in the County of Morris, New Jersey Appropriating $90,000 for the Acquisition of Property to be Funded by a Green Acres Grant.

 

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

 

Mr. Mania: Mr. President, I move for approval and adoption of final passage of Ord. #34-2011.

 

Mrs. Labow: Second.

 

President Tobey: Thank you. It's been moved and seconded. Any Council discussion? Roll Call please.

 

ROLL CALL: Passed Unanimously

 

President Tobey: Ordinance #34-2011 is passed on second reading and I hereby direct the Clerk to

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

I open the hearing to the public on:

 

Ord.#35-2011 Refunding Bond Ordinance of the Township of Mount Olive, in the County of Morris, New Jersey, Providing for the Refunding of all or a Portion of General Improvement Bonds, Series 2003 and General Improvement Bonds, Series 2004, Appropriating $4,200,000 Therefor and Authorizing the Issuance by the Township of General Improvement Refunding Bonds in the Aggregate Principal Amount of Not Exceeding $4,200,000 for Financing the Cost Thereof.

 

President Tobey: Mr. Perkins, would you be so kind.

 

Mr. Perkins : Yes, Mr. President, I move for adoption and final passage of Ord. #35-2011.

 

Mrs. Labow: Second.

 

President Tobey: It's been moved and seconded. Does anyone from the public with to be heard? Seeing

none, it's been moved and seconded I believe.

 

Mr. Roman: Yes.

 

President Tobey: Thank you. Any Council discussion? Roll Call please.

 

ROLL CALL: Passed Unanimously

 

President Tobey: Ordinance #36-2011 is passed on second reading and I hereby direct the Clerk to

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

I open the hearing to the public on:

 

Ord.#36-2011 An Ordinance of the Township Council of the Township of Mount Olive Establishing Water and Sewer Service Rates Within the Township for All Services Rendered After January 1, 2012.

 

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

kindly move that?

 

Mr. Walsh: Yes, I move for adoption and final passage of Ord. #36-2011.

 

Mr. Roman: Second.

 

President Tobey: It's been moved and seconded. Any Council discussion? Roll Call please.

 

ROLL CALL: Passed Unanimously

 

President Tobey: Ordinance #36-2011 is passed on second reading and I hereby direct the Clerk to

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

 

OPTIONAL PUBLIC HEARING

 

ORDINANCES FOR FIRST READING - none

 

President Tobey: We have no ordinances for first reading. We have 21 Consent Resolutions. Does anyone wish to move any to Non-Consent? Seeing none, does anyone from the public wish to be heard on any Consent Resolutions? Seeing none, Mr. Roman would you kindly moved Consent Resolutions 1 through 21.

 

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 Agreement with Passaic Valley Sewerage Commission for the Disposal of Sludge for the Year 2012. PDF Resolution

 

  1. Resolution of the Township Council of the Township of Mount Olive Authorizing the Filing of a Grant Application to the 2012 Community Development Grant Program. PDF Resolution

 

  1. Resolution of the Township Council of the Township of Mount Olive Authorizing the Acceptance of a Donation of Land, Block 2603 Lot 2. PDF Resolution

 

  1. Resolution of the Township Council of the Township of Mount Olive Authorizing the Acceptance of a Donation of Land, Block 8100 Lots 54 & 55. PDF Resolution

 

  1. Resolution of the Township Council of the Township of Mount Olive Authorizing the Cancellation of Taxes on Block 3203 Lot 18 for Disabled Veteran Declared 100% Totally and Permanently Disabled by the Tax Assessor. PDF Resolution

 

  1. Resolution of the Township Council of the Township of Mount Olive Authorizing the Cancellation of 2011 Appropriations in the Recreation Utility Fund. PDF Resolution

 

  1. Resolution of the Township Council of the Township of Mount Olive Providing for the Transfer of 2011 Budget Appropriations in the Water Utility. PDF Resolution

 

  1. Resolution of the Township Council of the Township of Mount Olive Authorizing the Cancellation of 2011 Appropriations in the Water Utility Fund. PDF Resolution

 

  1. Resolution of the Township Council of the Township of Mount Olive Authorizing the Cancellation of a Water Capital Ordinance Balance. PDF Resolution

 

  1. Resolution of the Township Council of the Township of Mount Olive Authorizing the Cancellation of 2011 Appropriations in the Current Fund. PDF Resolution

 

  1. Resolution of the Township Council of the Township of Mount Olive Providing for the Transfer of 2011 Budget Appropriations in the Sewer Utility. PDF Resolution

 

  1. Resolution of the Township Council of the Township of Mount Olive Authorizing the Cancellation of 2011 Appropriations in the Sewer Utility Fund. PDF Resolution

 

  1. Resolution of the Township Council of the Township of Mount Olive Providing for the Transfer of 2011 Budget Appropriations for the Current Fund Budget. PDF Resolution

 

  1. Resolution of the Township Council of the Township of Mount Olive Providing for the Transfer of 2011 Budget Appropriations for the Sanitation District. PDF Resolution

 

  1. Resolution of the Township Council of the Township of Mount Olive Authorizing the Transfer of Unexpended Storm Control Appropriations to the Accumulated Snow Trust Fund. PDF Resolution

 

  1. Resolution of the Township Council of the Township of Mount Olive Authorizing the Cancellation of Various Open Space Balances. PDF Resolution

 

  1. Resolution of the Township Council of the Township of Mount Olive Awarding a Contract to Vasso Waste Systems Inc. for a Rear Loading Refuse Collection Body for DPW. PDF Resolution

 

  1. Resolution of the Township Council of the Township of Mount Olive Making Application to the Local Finance Board Pursuant to N.J.S.A.40A:2-26(e) and N.J.S.A. 58:11B-9(a). PDF Resolution

 

  1. Resolution of the Township of Mount Olive Authorizing the Cancellation of the Balance in the Special Emergency for Revaluation. PDF Resolution

 

  1. Resolution of the Township Council of the Township of Mount Olive Authorizing an Amendment to the New Jersey Department of Environmental Protection Green Acres Enabling Resolution. PDF Resolution *added

 

  1. Resolution of the Township Council of Mount Olive Authorizing Release of Performance Bond (Woodfield IIIB). PDF Resolution *added

 

Mr. Roman: I move for approval of Consent Resolutions 1 through 21 as presented.

 

Mr. Perkins: Second.

 

President Tobey: Thank you. It's been moved and seconded, Roll Call please.

 

ROLL CALL: Passed Unanimously

 

President Tobey: We are now up to Consent Motions. Mr. Mania would you please move one and two as presented.

 

CONSENT MOTIONS

 

  1. Approval of Raffle Application #2428 and Bingo Application #2429 for K of C Council 6100 Fr. Joseph A. Cassidy Council.
  2. Bill List. PDF Bill List

 

Mr. Mania: Mr. President, I move for Consent Motions one and two please.

 

Mrs. Labow: Second.

 

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

 

ROLL CALL: Passed Unanimously

 

President Tobey: We are up to Administrative Reports. Mr. Sohl?

 

ADMINISTRATIVE REPORTS

  • HOME Investment Partnership Program Grant Application for Morris Habitat for Humanity for 24 Lozier Road location

 

Mr. Sohl: We have tonight on the Agenda one Administrative Report item, the HOME Investment Partnership Program Grant Application for Morris Habitat for Humanity for the property known as 24 Lozier Road. The Planning Board has already discussed this and they are in favor of it. This is not asking for money from Mount Olive. It is an application that we need to discuss briefly here tonight which we are doing in order for them, for the Morris Habitat people to make the application. The Township has already agreed to donate the property for the specific family unit that would be put in place there. If anybody has any questions…

 

President Tobey: Mr. Roman.

 

Mr. Roman: Dave, is this that same address that it was supposed to be an opening and did not occur at that date?

 

Mayor Scapicchio: I believe it is Alex, yes.

 

Mr. Roman: Okay.

 

President Tobey: Any other questions? Okay. Anything else Mr. Sohl?

 

Mr. Sohl: Not from Administration…well I'll use this opportunity, okay, rather than later. I'd just like to thank everybody. This is my last meeting as your Business Administrator. My successor, assuming you guys vote for Mr. Canning in the audience, but we've had a great rapport going forward from the first time I met him. I would guess that this is probably one of the smoothest transitions the Township has seen; other ones being rift with discourse at various times. Nevertheless, it's been a pleasure to work with everybody up here. I know, at various times, one or more of us might have had disagreements. It never spilled over into the hate and discontent mode and I think that is a tribute to everybody. Again, I thank you for working with you. People have asked me what I'm going to do and I've got a blank slate. I've got a bunch of things that need to be done around the house to begin with. I'll probably get my hands wet somewhere.

 

Mrs. Labow: If you run out of things to do, I have a list at my house too Bill. If you run out of things to do, I have a list at my house. Just come on over.

 

Mr. Mania: Can I stop over for breakfast some mornings?

 

President Tobey: Mr. Sohl, thank you. On behalf of the Township Council, we enjoyed working with you and congratulations on your retirement and your commitment to the community.

 

Mrs. Labow: Thank you Bill.

 

President Tobey: Is there any Old Business at this time?

 

OLD BUSINESS

 

President Tobey: Any New Business?

 

NEW BUSINESS

 

President Tobey: Any Legal Matters, Mr. Dorsey?

 

LEGAL MATTERS

 

Mr. Dorsey: Yes, Council President. I almost hate to make a Legal Report with the way you streamline the business of this Council but there are a couple of things I want to say. You know, it's over six months ago that we started the process of soliciting bids for leasing what we refer to as Combe Fill North as a solar field. We received bids and during the last two months we have negotiated, negotiated, negotiated with Syncarpha who was the successful bidder and about a week ago after going through no less than six contracts and it was intelligently done on both sides of the aisle and done in good faith, we come to a final agreement. One, the Council already approved the contract subject to my advising that the terms were satisfactory and we had reached that point. About two months ago we had a conference in Trenton that the Mayor set up through his contacts down there with players in NJDEP, the people that are in charge of these landfills and when we were there it was almost as if it was a love fest, this was a wonderful thing. It was great the Township was going to pursue this. It would take a piece of useless land and put it to a productive purpose for the benefit of everybody. Well two months later we get a letter from the Deputy Attorney General advises the DEP or lists the Department and you would have thought that we were not at the meeting and the tables had simply been turned. The people at DEP are very unhappy with life. They, in terms of this land, not because of anything we ever did. We never did anything. NJDEP and EPA controlled that landfill from approximately the mid 80's when they determined to close the landfill and then determined as to how it would be closed and their rod or remedy was not to remove the garbage that was there but to simply put a cover on it. When they put the cover on it, they essentially rendered the landfill useless for any normal economic purpose so you are down to very very limited useful purposes that the property can be put to. There then was extensive litigation brought by both EPA and DEP to recover their “past costs and future costs.” Well NJDEP never recovers all of its costs. There were 200 defendants and they ultimately entered into a settlement agreement whereby the defendants put up an annuity that would pay NJDEP for the estimated cost of monitoring and maintaining on a pretty light basis, the landfill until the year 2019. Well these people who are in this particular squad at NJDEP seeing that the Township is moving forward with a serious proposal suddenly latch on to it and in my opinion, they think they see an opportunity to rectify what they were never happy with and that was the settlement that was reached in 1999 and suddenly their approach becomes and surely they must recognize that it is an impractical approach, but their approach suddenly becomes, well okay, we're simply going to now require you to take over anything and everything to do with the landfill. You will guarantee by way of letters of credit for the next 30 years the proper monitoring and maintenance of the landfill. The answer to that has to be no. The Township can't assume an undefined burden. It's undefined in the sense that they, DEP, always wishes to keep open the possibility of changing what the requirements for maintenance are, what the requirements for monitoring are and other things that will have to be done at the landfill and this week we have another conference call and the Mayor who is usually extraordinarily restrained, probably my fault, we all lost our tempers with them because we simply said, you are being totally unrealistic. You cannot expect a municipality to assume in a business context obligations that you don't even define. We will assume what we've all agreed has been the normal operation and maintenance of the landfill but we are not going to subject the Township in order to enter into a lease to obligations that you are not going to define today and we are not sure how you would define it, let alone trying to place the necessary guarantees on the table to do that. The fellow's name was Farro. He said, but you guys are going to make a profit of $1.2 I think was the number he uttered. I pointed out in our correspondence back with him, you all got copies of it, hey, the Township of Mount Olive is never going to make a profit in terms of this landfill even if we are permitted to pursue this lease which over a 20 year period would produce some $4 million in revenue to the Township. The fact of the matter is NJDEP, with no input from the Township, essentially designed a remedy for this landfill which put it into a classification of unusable for anything that we would normally consider to be desirable development and notwithstanding that the property immediately adjoins one of the largest shopping centers in Northwest Jersey. So don't be so foolish as to talk about the Township making a profit. The Township can never make a profit. The Township, number one, is not in the business of making a profit and on the other hand it will never make a profit in terms of this landfill because you destroy the usefulness of it and in the last over 20 years we have not collected a single dollar in taxes off of this tract because of the way that you have left it. They go through all of that and they are unnerved that their own arrangements gives them no funding by the usual maintenance and monitoring after the year 2019 and now they are talking about an arrangement that would extend , if not forever, for the next 30 years. So having vented my anguish over their change of positions, we said to them, look, we will undertake the maintenance as we know it to be today, the monitoring as we know it to be today based upon what you have told us and we will accomplish that for the length of the lease without any funding after your funding is exhausted and in an effort to be somewhat collegial in terms of making an arrangement, I said we'll give you 2% of our annual revenues once the system is up and running. You know, it is a very serious negotiation here that will not be concluded this week I am sure because if they insist on their position then I'm afraid that we have wasted a lot of time and effort not only this Administration but no other future Administration will be able to deal with that landfill up there and it does appear that the people from Syncarpha who have bid and have pursued this, they've pursued it eagerly, they are ready to go. They've put some money up and they've done all of the right things and no matter how hard we hounded them, they simply kept coming back to reach a reasonable business relationship. So you all have copies of the letter I got from Mary Halloren, the Deputy AG, and I've given all of you a copy of a letter I sent back. If you don't, here's another copy here if Lisa wants to give it to anybody and we have to simply now wait what's going to happen. I'm sure it's not over. I hope it's not over because I don't think we were anywhere near as unreasonable as we were accused to be in the phone conversation. I think that we were very reasonable and my other transaction that I've spoke to you about in executive session in which we have vigorously pursued in terms of the 57 acres seems to have come to a screeching halt because in the title, it's now been discovered that when NJDEP conveyed that 57 acre tract to the Foreign Trade Zone, they put a limitation on the use of the property so that the property can only be used for research and development facilities. It would seem to me that NJDEP would be delighted with the prospect of there being solar facilities on that because isn't that what their theme and everything is at the moment it becomes a very time consuming and difficult process to get a deed restriction as the State put in rules. I'm not saying they wouldn't do it but it's a long slope to accomplish that. Mr. President, I apologize for delaying the resolution of this meeting but I did want to give that information.

 

COUNCIL REPORTS

Recreation Liaison Report – A. Roman

Board of Health Report – R. Perkins

Planning Board Report – J. Mania

Open Space Committee Report – C. Labow

Legislative Committee Report – P. Walsh

Pride Committee Report – C. Labow

Board of Education Liaison Report – A. Roman

Lake/Environment Issues Committee – R. Perkins

Safety Committee Liaison – R. Perkins

Economic Development Committee Report – P. Walsh

Library Board Liaison – R. Greenbaum

Senior Citizen Liaison – J. Mania

Community Development Revenue Sharing – R. Perkins

TNR Program – C. Labow

 

President Tobey: Thank you Mr. Dorsey. Moving on we have Council Reports. Any reports to offer this evening? Seeing none, we are up to our second Public Portion.

 

PUBLIC PORTION

 

 

President Tobey: Does anyone from the public wish to be heard? Seeing none, Council Comments? Excuse me, yes sir. Yes, please.

 

Matt O'Keefe, 32 Glenside Dr., Budd Lake: Good evening. I'm a member of the Mount Olive Senior Club and that's why I brought notes with me because I might have a senior moment. I'm also a member of MOTV Silver and Gold show along with Ray Oser, Sandy Masklee and the host of the show, Warren Worman. I hope you've all been able to see the show. It's on Channel 21 on Cablevision and on Fios it is on 32. This all started back in November of 2010 when Councilman Walsh came to one of our meetings and let us know about MOTV. Most of us didn't know anything about it. He suggested that maybe the seniors could put a show on. After some exploration with the high school, with Andy Roberts, who is the technical director over at the performing arts center at the high school. He was very receptive about doing a senior show. So over time, over the winter we developed a show concept and that first show was filmed in May and the way we worked it out was to look at introducing the seniors in Town to all the facilities and the departments that are here in the Township, particularly those things that would be available as a health or services for the seniors. As with any new venture we have an awfully lot to learn and we got hit with Murphy's law big time. The show we put together was being edited and it was on a student account over at the high school. That student graduated and those files were wiped because he graduated. So we had to start over again in September. In addition, the high school had problems with the servers that they used. They all failed and that was another reason why we couldn't get going during the summer. So through a whole series of bad events, we finally got the show on the air at the end of October. I hope you've all been able to see it. We should have the next show on the air I'm going to say next week but it's probably going to be the first thing in 2012 because we are doing a little bit of filming tomorrow. The show itself is good because we are giving the information to the seniors about what's available here. We filmed a lot of things that occurred through the Health Department when they provided a lot of services for us during Senior Citizen's Month. We've heard from at least one senior who didn't know anything about the transportation services that were available through the Township. So we think that we have a good product and we just want to make sure that you folks are aware of it and please take a look at it. It's a good show even though, and that's my commercial.

 

Council: Thank you.

 

President Tobey: Does anyone else from the public wish to be heard? Seeing none, Council Comments. We'll start down at the end actually. Mr. Ferrante, anything? Mayor, excuse me, anything?

 

COUNCIL COMMENTS

 

Mayor Scapicchio: Just to say that I thoroughly enjoyed the five years as Mayor. I certainly had a lot of help from not only Bill but from all the department heads and employees in the Township. They are very cooperative in terms of the direction that I wanted to go. Happy New Year to everybody and thank you.

 

President Tobey: Thank you. Mr. Ferrante.

 

Mr. Ferrante: I would just would like to wish all the Board members here the best of luck and I wish everybody a happy and healthy holiday.

 

President Tobey: Thank you. Mrs. Labow.

 

Mrs. Labow: Yes, thank you. I also would like to wish everybody Happy Holidays, tonight's the first night of Chanukah, Happy Chanukah and Happy New Year to all. It's been a pleasure working with you Phil and David and Bill and I'm looking forward to working together in the future on many projects and also for the Silver and Gold Show, I did get to see it. It was really well done and I'm looking forward to seeing more of those. Good idea.

 

President Tobey: Thank you. Mr. Mania.

 

Mr. Mania: I would just like to thank both our Mayor and our Council President for the many years of dedicated service to the municipality and especially to Mr. Tobey for his guidance as Council President in guiding this Council through some tough times. We thank you.

 

President Tobey: Thank you.

 

Mr. Mania: And Merry Christmas and Happy New Year to everyone.

 

President Tobey: Mr. Perkins.

 

Mr. Perkins: Well thank you Mr. President. I don't know where to begin. Mr. Dorsey, obviously, thank you for all of your legal advice, all of your help, your friendship, our disagreements over the years. I've learned a lot from you and I thank you for that. David, it's been a long five years, you've accomplished quite a bit and it's been a pleasure working with you. We've had our disagreements. We don't always see eye to eye but that is what it is. That's why we are individuals up here. Bill, I've known you for too many years I guess. I'm sure Linda has a lot longer list that you hope she has when you get there. Phil, I guess, I would have thought this was going to be our last night but I understand that we have one more get together where you get to hold the gavel but it's been a pleasure, obviously, working with you over the two years that you sat as the President. When you sat as my Vice President you were helpful and I thank you for your leadership.

 

President Tobey: Thank you.

 

Mr. Perkins: Mr. Canning, I look forward to getting you up here. Your shoulders are just going to have to get a little bit bigger because we have a whole lot to pile on you. Mr. Ferrante will be joining us next year which is great and our Mayor Elect, Mr. Greenbaum, I look forward to an interesting four years. This should be a lot of fun. I know Rob is very ambitious. I know he will be addressing a lot of the issues. Communication is one of the things with the residents that's big on Rob's plate. I look forward to moving in. Everybody from my side, Merry Christmas, Happy Chanukah and whatever else you happen to participate in, Happy New Year.

 

President Tobey: Thank you. Mr. Walsh.

 

Mr. Walsh: Yes, first of all I'd like to thank Matt O'Keefe and Ray Oser for coming here today about the Senior Show. You guys have just done a great job and one of the things I wanted to point out too is, this wasn't just a pilot show for the seniors. It really was, when I spoke with Andy Roberts in the beginning, this was a pilot show for any Township show that we might want to put together and they did a great job. They really set a nice track for others to follow in the future so I want to thank them for that and also thank Sandy Masklee and Warren Worman for doing such a great job and everybody else who helped out. And Council President Tobey, I just want say that it's been a pleasure working with you. You've done a great job up here.

 

President Tobey: Thank you.

 

Mr. Walsh: And I appreciate it very much and Mayor, you too. Thank you for all of your service and that's it for me. Thank you.

 

President Tobey: Thank you. Mr. Roman.

 

Mr. Walsh: And Mr. Dorsey too.

 

Mr. Roman: One of the benefits about going last is you get to make notes like, okay, that person. So let me start off over there at the end. Bill, it's been a pleasure working with you. Even though sometimes the stress of the job may have seemed overwhelming, from my perspective it looked like you stood up to the challenge and performed admirably. Dave, I've appreciated the tenure that I shared with you. Your leadership and you guidance and your advice was extremely helpful and I wish you the best of luck in your future endeavors. I'm sure you are going to be extremely successful. As far as John, I think you set the bar extremely high for any future Township Attorney. I can already see myself saying well I don't think John would have done it this way. Thank you for making it difficult for whoever is going to be filling your shoes. Bill, I appreciate not only the friendship that we created but also the collegiate atmosphere that we partaked in and your mentoringyou're your leadership skills are definitely admirable and I'm hoping to learn immensely from you. I look forward for 2012 coming up. I'm sure Rob will be a very interesting Mayor and look forward to many interesting meetings and I look forward to our new Business Administrator. I'd like to wish everybody a Happy New Year, Happy Chanukah and a Merry Christmas.

 

Mr. Tobey: Thank you.

 

Mr. Dorsey: Let me just thank everybody for their very kind words tonight. As Ray put it, we've ever had differences but I've always enjoyed working with all of you in terms of Mount Olive problems and I am amazed how the Council President has streamlined the Agenda.

 

Mr. Tobey: I'm going to surprise everybody and delay the conclusion a couple of minutes. Bear with me okay? Just a couple of words. I can't believe it's been almost five years since I've taken this seat up here. It's been an honor, a privilege, it's been challenging and rewarding. I'd like to thank all my fellow Council members, everyone who supported me and my ideas and everyone who challenged me. It's what makes the system work as you've heard me say so many times before. I'd like to thank the Department Heads and all of the employees for their hard work, dedication and service. This Council has asked you to do more with less and for that I thank you. I'd like to thank all of the volunteer organizations and its members for their service to the community. I'd like to congratulate the Mayor and his administration on a job well done and a term well served. I'd like to congratulate Mr. Dorsey on tonight's proclamation and I'd like to wish Mayor Elect Greenbaum the best of luck and success as he moves Mount Olive forward and finally and most importantly, I'd like to thank my wife, Renee, and my sons Philip and Zachary for their support and understanding and tolerance as politics is another full time obligation. Happy Holidays to all and thank you very much.

 

Mrs. Lashway: Before we adjourn, the Mayor has vetoed Ord. #36. Now we are not going to have the Special Meeting on the 22 nd . I'm looking to establish a Special Meeting for the 28 th at 3 pm. I have Colleen, Alex, Phil, Ray and Pat who have indicated that they can make that meeting at that time. Yes, okay then I am going to advertise for that meeting. Okay, thank you.

 

President Tobey: And with that, I'll accept a motion to adjourn.

 

Motion made and seconded. All in favor, none opposed, the meeting was adjourned at 7:38 pm.

 

ADJOURNMENT

 

 

 

______________________________

Alex Roman, Council President

 

I, Lisa Lashway, Township Clerk of the Township of Mount Olive do hereby certify that the foregoing Minutes are a true and correct copy of the Minutes approved at a legally convened meeting of the Mount Olive Township Council duly held on January 17, 2012.

 

 

_________________________________

Lisa Lashway, Township Clerk

 

 

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2012 Mount Olive Township. All rights reserved.