Mt. Olive Township Council Minutes
February 13, 2007

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 way of life.

OPEN PUBLIC MEETINGS ACT ANNOUNCEMENT
According to the Open Public Meetings Act, adequate notice of this meeting has been given to the Mount Olive Chronicle. Notice has been posted at the Municipal Building, 204 Flanders-Drakestown Road, Mount Olive Township, New Jersey and notices were sent to those requesting the same.

ROLL CALL Present: Mr. Buell, Mr. Rattner, Mrs. Labow, Mr. Tepper,
Mr. Biondi, Mr. Greenbaum

Absent: Mr. Perkins

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

President Greenbaum: This evening we have two Resolutions right at the top. We are going to start with Resolution #2 which is:

2. Resolution of the Township Council of the Township of Mount Olive Confirming the Mayor’s Appointment of Mark Spitzer as Acting Chief.

President Greenbaum: Do you want to move that Mr. Biondi?

Mr. Biondi: Thank you, Mr. President. I would like to move Resolution #2.

President Greenbaum: Is there a second?

Mr. Rattner: Second.

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

ROLL CALL: Passed Unanimously

1. Resolution of the Township Council of the Township of Mount Olive Confirming the Appointment of Captain Mark Spitzer as Chief of the Mount Olive Township Police Department Effective May 1, 2007.

President Greenbaum: The next Resolution. I am going to read it.

RESOLUTION OF THE TOWNSHIP COUNCIL OF THE
TOWNSHIP OF MOUNT OLIVE CONFIRMING THE APPOINTMENT OF CAPTAIN
MARK SPITZER AS CHIEF OF THE MOUNT OLIVE TOWNSHIP POLICE
DEPARTMENT EFFECTIVE MAY 1, 2007

WHEREAS, Chief Ed Katona gave notice some time ago that he would be retiring with his last day as Chief being January 31, 2007, but with terminal leave available to him, would remain an employee of the Township through May 1, 2007;

WHEAREAS, pursuant to the Code of the Township of Mount Olive, the Mayor is authorized to select the next Chief of Police; Mayor Scapicchio has interviewed all possible candidates and has advised that Captain Mark Spitzer is his nominee to serve as the next Chief of Police of the Township of Mount Olive; and

WHEREAS, Chief Katona who is now on terminal leave has designated Captain Mark Spitzer as Acting Chief of Police in his absence and the Mayor wishes to confirm that Captain Spitzer is his selection and his nominee for the next Chief of Police of the Township of Mount Olive effective at the end of Chief Katona’s terminal leave, i.e. May 1, 2007.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Mount Olive, in the County of Morris, State of New Jersey, that it does hereby concur and consent in the Mayor’s nomination of Captain Mark Spitzer as Chief of Police for the Township of Mount Olive effective May 1, 2007.

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

Mr. Tepper: Yes, Mr. President. It is my pleasure to move the resolution of the Township Council of the Township of Mount Olive confirming the appointment of Captain Mark Spitzer as Chief of the Mount Olive Township Police Department effective May 1, 2007.

President Greenbaum: Is there a second?

Mr. Buell: Second.

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

ROLL CALL: Passed Unanimously

President Greenbaum: Yes, congratulations.

Clapping…

President Greenbaum: I wish you and the Police Department the best of luck in the future.

President Greenbaum: With great pleasure we have the opportunity this evening to swear in the officers of the Budd Lake…is it both the Association and the Fire Company this evening? If you would be so kind as to come up and be administered the Oath of Office by our Deputy Clerk.

Mr. Rattner: You really clean up pretty good, you know Willie.

Willie Cirone: Yeah, not bad huh.

Mr. Rattner: Yeah.

Mr. Cirone: It’s the only suit I own.

Swearing in of the Budd Lake Fire Department Officers

Clapping…

Mr. Tepper: Wow, she’s blushing.

Mrs. Labow: She sure is.

Mr. Tepper: What did you say to her Willie?

Mr. Cirone: May I kiss the Clerk?

President Greenbaum: I am glad you said that, rather than “Council President.” Congratulations.

Mr. Tepper: Congratulations.

Mrs. Labow: Congratulations.

Mr. Buell: Congratulations.

Mr. Rattner: Congratulations.

President Greenbaum: You guys have a nice quiet night tonight.

Mr. Biondi: Thanks guys.

Mr. Rattner: There goes the audience.

Mrs. Labow: Drive safe.

Mr. Rattner: Well Ned, thanks for coming. It looks like your going to be the only one again.

Mr. Biondi: We have Tim here.

Questions on Bill List?

President Greenbaum: Okay, moving on with the Agenda. We have questions on the Bill List. I saw a memorandum from Mr. Rattner. Have you gotten answers to your questions.

Mr. Rattner: I got answers.

President Greenbaum: Okay. Are there any other questions on the Bill List that need to be addressed by the Administration? Are you going to address the issues later on or you have answers that you are satisfied with?

Mr. Rattner: There’s nothing on the Bill List that I have any problems with.

APPROVAL OF MINUTES OF PREVIOUS MEETINGS

Jan. 9, 2007 PM
Present: Mr. Buell, Mr. Perkins, Mr. Rattner, Mrs. Labow, Mr. Tepper, Mr. Greenbaum
Absent: Mr. Biondi

Jan. 16, 2007 WS
Present: Mr. Buell, Mr. Perkins, Mr. Rattner, Mrs. Labow, Mr. Tepper, Mr. Greenbaum, Mr. Biondi
Absent: None

Jan. 23, 2007 CS
Present: Mr. Buell, Mrs. Labow, Mr. Greenbaum, Mr. Rattner, Mr. Biondi, Mr. Tepper
Absent: Mr. Perkins

Jan. 23, 2007 PM
Present: Mr. Buell, Mrs. Labow, Mr. Greenbaum, Mr. Rattner, Mr. Biondi, Mr. Tepper
Absent: Mr. Perkins

Feb. 6, 2007 Special PM
Present: Mr. Buell, Mr. Perkins, Mr. Rattner, Mrs. Labow, Mr. Tepper, Mr. Greenbaum, Mr. Biondi
Absent: None

Feb. 6, 2007 WS
Present: Mr. Buell, Mr. Perkins, Mr. Rattner, Mrs. Labow, Mr. Tepper, Mr. Greenbaum, Mr. Biondi
Absent: None

President Greenbaum: We are up to approval of Minutes. Mr. Buell, do you want to move the Minutes please?

Mr. Buell: Yes, I move the Minutes of January 9th, January 16th, January 23rd, CS, January 23rd regular session, February 6th Special Public Meeting and February 6, 2007.

President Greenbaum: Is there a second?

Mrs. Labow: Second.

President Greenbaum: Moved and seconded. Are there any corrections, deletions or modifications? Seeing none. Roll Call please.

ROLL CALL: Passed Unanimously with the exception, Mr. Biondi abstained on January 9th.



CORRESPONDENCE

RESOLUTIONS / ORDINANCES / CORRESPONDENCE OTHER TOWNS

1. Four Ordinances received January 22, 2007, from Washington Township regarding Land Use.

2. Resolution received January 26, 2007, from the Borough of Florham Park regarding the elimination of Regional Contribution as a tool to facilitate Municipal Compliance Agreements with the Mount Laurel decisions.

3. Resolution received January 31, 2007, from the Township of Pequannock regarding A-3857 Regional Contribution Agreements.

4. Resolution received January 31, 2007, from the Township of Hanover supporting the renewal of the Garden State Preservation Trust Fund.

5. Resolution received January 31, 2007, from the Township of Pequannock regarding A-2575 Cigarette Fire Safety and Firefighter Protection Act.

6. Resolution received February 1, 2007, from the Township of Pequannock regarding a request for extension of time for comments on the Highlands Master Plan.

MISCELLANEOUS

7. Letter received January 25, 2007, from Jack Soriano, Esq. Re: Estate of Peter Scaduto – 65 Station Road, Block 500, Lot 6, Mount Olive.

8. E-mail received January 30, 2007, from William Kearns regarding Sex Offender Residency Ordinances.

9. Letter received February 6, 2007, from the Office of the County Executive regarding GeesePeace 2007 Leadership Series.

10. Letter received February 8, 2007, from the Mount Olive Area Chamber of Commerce regarding the February Business Meeting.

COAH

11. Letter received February 7, 2007, from Steven and Deborah Duarte regarding COAH refund.

MUA / MSA

12. Minutes received February 9, 2007, from the Musconetcong Sewerage Authority regarding the January 10, 2007 meeting.

DOT / DEP / LOI / HIGHLANDS

13. Letter received January 22, 2007, from the State of New Jersey, Department of Environmental Protection, regarding Year End Municipal Status Report.

14. Letter received January 22, 2007, from State of New Jersey, Department of Environmental Protection, regarding Clean Water Financing Public Notice.

15. Letter received January 24, 2007, from the State of New Jersey, Department of Environmental Protection, regarding Authorization for Freshwater Wetlands Statewide General Permit No. 1 - Applicant: Township of Mount Olive Department of Public Works.

16. Letter received January 24, 2007, from Day Pitney, LLP regarding Eagle Custom Builders, Marveland Farms, Block 6000, Lots 5 and 6 (Pleasant Hill Road).

17. Letter received January 25, 2007, from the State of New Jersey, Department of Environmental Protection, regarding Letter of Interpretation – Line Verification Applicant: Formosa International Corp. Block 4100, Lot 62 (135 Route 46).

18. Letter received January 26, 2007, from Glasson Environmental Services, LLC regarding Mount Olive Township Highlands Exemption, Lot 3 Block 5100 (43 Ramar Street).

19. Letter received January 31, 2007, from Ferriero Engineering, Inc. regarding Highlands Applicability Determination – Application for Exemption Letter Applicant: JCC Metrowest, Block 7600, Lots 84 & 85 (206 Flanders Drakestown Road, Mount Olive).

20. Public Notice received February 5, 2007, from the State of New Jersey, Department of Environmental Protection, regarding a request for revaluation of the Raritan River Basin System Safe Yield.

21. Letter received February 5, 2007, from the State of New Jersey, Department of Environmental Protection, regarding Application for Exemption from the Transition Area Requirements of Freshwater Wetlands Protection Act. Applicant Re: Donald Storms / Trestle Plaza US Route 206 at Barley Flanders Road.

22. Letter received February 7, 2007, from Richard Burke Esq. regarding Ziarnowski Variance Application Block 3103, Lot 4 (87 Netcong Road).

23. Letter received February 8, 2007, from the State of New Jersey, Department of Environmental Protection, regarding Design Builders, Inc. – Gold Mine Estates, Minor Subdivision Single Family Home Block 4400, Lot 15 (81 Clinton Avenue) Agency Determination: Highlands Act – Exempt, Water Quality Management Plan Consistent.

24. Letter received February 8, 2007, from the State of New Jersey, Department of Environmental Protection, regarding Design Builders, Inc. – Gold Mine Estates, Minor Subdivision Single Family Home Block 4400, Lot 14 (83 Clinton Avenue) Agency Determination: Highlands Act – Exempt, Water Quality Management Plan Consistent.

25. Letter received February 8, 2007, from the State of New Jersey, Department of Environmental Protection, regarding Design Builders, Inc. – Gold Mine Estates, Minor Subdivision Single Family Home Block 4400, Lot 21 (78 Woodbine Avenue) Agency Determination: Highlands Act – Exempt, Water Quality Management Plan Consistent.

26. Letter received February 8, 2007, from the State of New Jersey, Department of Environmental Protection, regarding Farooq Subdivision Block 2603, Lot 4 (4 Thirty First Street) Agency Determination: Highlands Act – Not Exempt, Water Quality Management Plan - Inconsistent.

27. Letter received February 8, 2007, from Larry Kron, Esq. regarding Application for Highlands Applicability and Water Quality Management Plan for George Blasko, Premises: 484 Route 46, Block 8301, Lots 11 and 12.

LEAGUE OF MUNICIPALITIES

28. Letter received January 26, 2007, from the New Jersey State League of Municipalities regarding “The Fair Labor Standards Act Including New White Collar Regulations” and “The Family Medical Leave Act.”

29. Reservation form received January 31, 2007, from Morris County League of Municipalities regarding their next luncheon and “State to State.”

UTILITIES

30. Fax received January 29, 2007, from Comcast regarding Fee Notice.

31. Notice of Public Hearing received January 29, 2007, from Elizabeth Gas regarding petition on rates.

32. Letter received February 9, 2007, from New Jersey Natural Gas regarding Notice of Amended Filing and Public Hearing.

MORRIS COUNTY

33. Minutes received January 24, 2007, from Morris County Planning Board regarding the December 7, 2007 meeting.


LEGISLATIVE REPRESENATIVES

34. E-mail received January 19, 2007, from Congressman Frelinghuysen regarding Student Loan Rates Cut, House Honors Martin Luther King Jr., Page Board Legislation Passes House.

35. E-mail received January 29, 2007, from Congressman Frelinghuysen regarding State of the Union Received by Congress, House Votes to Act on Convicted Law Breakers and Delegate Voting Unconstitutional.

36. E-mail received February 9, 2007, from Congressman Frelinghuysen regarding Presidents Proposed Budget Presented to Congress, and Latest Indicators: Economy Remains Strong.

TORT

37. Notice of Claim received January 29, 2007, from Courter, Kobert and Cohen regarding Marie Trinneer and Robert Trinneer regarding injunctive relief requiring Marie Trinneer and Ronald Trinneer to remediate environmental damages.

38. Amendment to Tort Claim received January 31, 2007, from Glenn Montgomery regarding Marilyn Ryan v. Township of Mount Olive.

DCA

39. E-mail received February 2, 2007, from the Department of Community Affairs regarding Contractor’s Registration Act.

40. E-mail received February 6, 2007, from the Department of Community Affairs regarding 2007 Awards Application Deadline Extension.

ORDINANCE FOR PUBLIC HEARING

President Greenbaum: There are 40 pieces of Correspondence. Does anyone wish to discuss any particular piece of Correspondence? Seeing none, we will move right to Ordinances for Public Hearing. There are three Ordinances for Public Hearing. The first Ordinance for Public Hearing is Ordinance #1-2007 entitled:

Ord. 1-2007 An Ordinance of the Township of Mount Olive Establishing Salaries of Mayor, Council, Department Heads, Supervisory Personnel and Employees of the Township Clerk’s Office for the Year 2007.

President Greenbaum: Is there anyone from the public who wishes to be heard on this particular Ordinance? Seeing none, I close it to the public and I would ask Mr. Biondi to please move Ordinance #1-2007.

Mr. Biondi: Thank you, Mr. President. I move Ordinance #1-2007.

Mr. Rattner: Second.

President Greenbaum: Moved and seconded. Is there any discussion at the Council level? Seeing none. Roll Call.

ROLL CALL: Passed Unanimously

President Greenbaum: Ordinance #1-2007 has passed on second reading and I hereby direct the Clerk to forward a copy of same to the Mayor and publish the notice of adoption as required by law. The second Ordinance for Public Hearing is Ordinance #2-2007 entitled:

Ord. #2-2007 Refunding Bond Ordinance Providing the Funding of Tax Appeal Judgments Involving the BASF Corporation/MTO Realty Holdings, LLC Property in and by the Township of Mount Olive, in the County of Morris, New Jersey, Appropriating $1,400,000 Therefore and Authorizing the Issuance of $1,400,000 Refunding Bonds or Notes of the Township for Financing the Cost Thereof.

President Greenbaum: Is there anyone from the public who wishes to be heard? Seeing none. I close it to the public. I would ask, Mr. Tepper to please move that for approval.


Mr. Tepper: Yes, Mr. President. I move that Ordinance #2-2007 be moved for adoption and final passage.

Mrs. Labow: Second.

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

ROLL CALL: Passed Unanimously

President Greenbaum: Ordinance #2-2007 has passed on second reading and I hereby direct the Clerk to forward a copy of same to the Mayor and publish the notice of adoption as required by law. The next Ordinance for Public Hearing is Ordinance #3-2007 entitled:

Ord. #3-2007 An Ordinance to Amend and Supplement Ordinance No. 5-90 (Ch. 10 of 1973 Code) (Section 18-2 Membership of the Mount Olive Code) Establishing the Township of Mount Olive Environmental Commission.

President Greenbaum: Is there anyone from the public who wishes to be heard? Seeing none. I will ask Mr. Rattner to please move Ordinance #3-2007 for approval.

Mr. Rattner: I move for passage and final adoption of Ordinance #3-2007.

President Greenbaum: Is there a second?

Mr. Biondi: Second.

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

ROLL CALL: Passed Unanimously

President Greenbaum: Ordinance #3-2007 has passed on second reading and I hereby direct the Clerk to forward a copy of same to the Mayor and publish the notice of adoption as required by law.

ORDINANCES FOR FIRST READING - 2nd reading February 27, 2007

President Greenbaum: The first ordinance is Ordinance #4-2007 entitled:

Ord. #4-2007 An Ordinance of the Township Council of the Township of Mount Olive to Amend the Salaries of Certain Non-Union Personnel for the Year 2007.

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

Mr. Tepper: Yes, Mr. President. I move that Ordinance #4-2007 be introduced by title and passed on first reading and that a meeting be held on February 27, 2007, at 7:30 p.m. at the Municipal Building, 204 Flanders-Drakestown Road, Mount Olive, New Jersey, for public hearing, consideration of second reading and passage of said ordinance and that the Clerk be directed to publish, post and make available said ordinance in accordance with the requirements of the law.

President Greenbaum: Is there a second?

Mr. Buell: Second.

President Greenbaum: Moved and seconded. Any discussion?

ROLL CALL: Passed Unanimously

President Greenbaum: Ordinance #5-2007 entitled:

Ord. #5-2007 An Ordinance of the Township of Mount Olive Rescinding Ordinance #36-2006 and Amending Section 4-06 “Meetings” Subsection E “Conference Meetings.”

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


Mr. Buell: Yes, thank you. I move that Ordinance #5-2007 be introduced by title and passed on first reading and that a meeting be held on February 27, 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 Council discussion? Roll Call please.

ROLL CALL: Passed Unanimously

President Greenbaum: The next ordinance for first reading, second reading being February 27, 2007 is Ordinance #6-2007 entitled:

Ord. #6-2007 Bond Ordinance of the Township of Mount Olive, In the County of Morris, New Jersey Amending Section 3(h) of Bond Ordinance Numbered #27-2005 Finally Adopted August 9, 2005 in Order to Amend the Description of the Project Authorized Therein.

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

Mr. Biondi: Yes, Mr. President. I move that Ordinance #6-2007 be introduced by title and passed on first reading and that a meeting be held on February 27, 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….Mayor?

Mayor Scapicchio: We are on #7-2007 right?

President Greenbaum: Number 6-2007.

Mayor Scapicchio: I’m sorry. No comment.

President Greenbaum: Okay. Roll Call please.

ROLL CALL: Passed Unanimously

President Greenbaum: Ordinance #7-2007 entitled:

Ord. #7-2007 Bond Ordinance of the Township of Mount Olive, In the County of Morris, New Jersey Amending Section 3(i) of Bond Ordinance Numbered #37-2002 Finally Adopted September 24, 2002 in Order to Amend the Description of the Project Authorized Therein.

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

Mrs. Labow: Certainly, Mr. President. I move that Ordinance #7-2007 be introduced by title and passed on first reading and that a meeting be held on February 27, 2007, at 7:30 p.m. at the Municipal Building, 204 Flanders-Drakestown Road, Mount Olive, New Jersey, for public hearing, consideration of second reading and passage of said ordinance and that the Clerk be directed to publish, post and make available said ordinance in accordance with the requirements of the law.

Mr. Rattner: Second.

President Greenbaum: Moved and seconded. Any discussion? You sure, this is the one?

Mayor Scapicchio: I am positive. The acquisition of this new ambulance, I believe, is an ambulance that has already been purchased and is two years old… am I correct?

Mr. Sohl: It’s a modification.

Mr. Tepper: It might actually be four years.

Mayor Scapicchio: This is a modification and I guess the reason is it was actually a surprise to me because I said to Bill, “Is this in addition to the proposed 2007 ambulance that I proposed?” Bill says that this is really an amendment. I think we need to have Bond Counsel, and it’s probably an Administrative function, to really clarify what the amendments are when we amend these ordinances so that we know what the changes are.

Mr. Buell: Agreed.

Mayor Scapicchio: Steve? You look a little confused.

Mr. Rattner: Yes, I have that. I am just wondering why we got to this point because if I believe what it is, isn’t this to do with the pole barn which is described in there. They had enough money in there. We agreed because they needed about $6,000-$7,000. So I don’t understand what the issue is at this point?

Mayor Scapicchio: The ambulance, the only thing that came to my mind.

Mr. Sohl: This has already been purchased.

Mr. Tepper: I think what he is saying, he would have preferred it saying, an amendment to include…

Mr. Sohl: To now add…

Mr. Tepper: Rather than to include everything.

Mr. Rattner: Well, we are changing the word on…okay, but we are changing the wording on the original thing that says we have an ambulance and include the pole barn. We can’t take out the ambulance because we already spent the money.

President Greenbaum: We already purchased it.

Mr. Rattner: That’s okay.

President Greenbaum: Okay, any other discussion? Roll Call please.

ROLL CALL: Passed Unanimously

President Greenbaum: Ordinance #8-2007 entitled:

Ord. #8-2007 Bond Ordinance Providing for the Acquisition of Various Equipment of the Township of Mount Olive, in the County of Morris, New Jersey, Appropriating the Aggregate Amount of $122,000 Therefore and Authorizing the Issuance of $115,900 Bonds or Notes of the Township to Finance Part of the Cost Thereof.

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

Mr. Rattner: Thank you, Mr. President. I move that Ordinance #8-2007 be introduced by title and passed on first reading and that a meeting be held on February 27, 2007, at 7:30 p.m. at the Municipal Building, 204 Flanders-Drakestown Road, Mount Olive, New Jersey, for public hearing, consideration of second reading and passage of said ordinance and that the Clerk be directed to publish, post and make available said ordinance in accordance with the requirements of the law.

President Greenbaum: Is there a second?

Mr. Biondi: Second.

President Greenbaum: Moved and seconded. Any Council 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

3. Resolution of the Township Council of the Township of Mount Olive Authorizing the Release of Performance Guarantees Submitted by PNC Bank.

4. Resolution of the Township Council of the Township of Mount Olive Supporting Renewal of the Garden State Preservation Trust.

5. Resolution of the Township Council of the Township of Mount Olive Authorizing the Acceptance of the List of Eligible LOSAP Emergency Service Volunteers.

6. Resolution of the Township Council of the Township of Mount Olive Authorizing the Use of Various Purchasing Contracts (Atlantic Salt).

7. Resolution of the Township Council of the Township of Mount Olive Authorizing the Use of Various Purchasing Contracts (W.B. Mason & Premier Supply).

8. Resolution of the Township Council of the Township of Mount Olive Authorizing a Settlement in the Tax Appeal Re: Debeck Associates, LLC v. Mount Olive Township.

9. Resolution of the Township Council of the Township of Mount Olive Amending the Agreement with Nadaskay Kopelson.

10. Resolution of the Township Council of the Township of Mount Olive Awarding Contracts to Tatbit Company & Lamp Post Electric for the Re-bid of NJ Licensed Electrician Services.

President Greenbaum: We are up to the Consent Resolutions. Since there is no one here I am not going to go through the whole spiel.

Mr. Dorsey: Just one thing.

President Greenbaum: Yes.

Mr. Dorsey: Where is the resolution for Woodfield? Did you take that off?

Mr. Sohl: It was never on.

Mr. Dorsey: Well, I forwarded you two resolutions. One I made a correction… you just didn’t put it on? You don’t have it on.

Mayor Scapicchio: No. If that correction was here, it should have been put on John.

Mr. Dorsey: Well, it’s not on the Agenda. So if you want to include it? You have to include it.

Mrs. Masser: I got it this afternoon, emailed over from your office but I didn’t realize it was supposed to be on for…

Mr. Dorsey: Well, they replaced an earlier one that included a provision that the sign will be replaced where the Township…you can put it on. I think we can get it done. Unless of course, you don’t want to help him? I don’t know.

President Greenbaum: Mayor?

Mayor Scapicchio: We had forwarded it off to John’s office. Some suggested language was in the revised resolution and if that’s what’s proposed, that’s what I will put on the table this evening.

Mr. Dorsey: Good. I mean you only sent it back to me this afternoon. I immediately made the change.

President Greenbaum: Do we have the Resolution?

Mr. Dorsey: Yes.

Mayor Scapicchio: Rob, could you just give me one second? I want to make sure I have the revised Resolution in front of me.

Mr. Sohl: It is but it’s not revised the way we asked.

President Greenbaum: Well, we are going to get to it afterwards. We are going to put it on the Non-Consent for right now.

Mayor Scapicchio: Okay.

President Greenbaum: The resolutions which are on the Consent Resolutions Agenda are #3 – 10. Does anyone want to have one of them removed? Seeing none, we will move the whole Consent Resolutions Agenda. Mr. Biondi, do you want to just move them?

Mr. Biondi: Thank you, Mr. President. I would like to move Consent Resolutions #3 - 10 inclusive.

Mr. Buell: Second.

President Greenbaum: Moved and seconded. Anyone from the public who wishes to be heard?

PUBLIC PORTION ON CONSENT RESOLUTIONS

Ned McDonnell, Budd Lake: I am more confused about this (A) category, Resolution #10 for Tatbit Electric. We have a category (A) and a category (B) with quite a difference in pricing. What is the mechanism that is going on here?

President Greenbaum: Bill.

Mr. Sohl: I am sorry, what was the question?

President Greenbaum: A question for the Administration related to Resolution #10.

Mr. McDonnell: Resolution #10, Tabit Electric Company.

Mr. Sohl: Oh, okay.

Mr. McDonnell: There is a category (A) and a category (B) with a lot of difference in pricing.

Mr. Sohl: Category (B), if I recall and Tim will keep me honest here, is the water and sewer treatment plant.

Mr. Quinn: You are absolutely right. You need a minimum of five years experience to work on utilities…

President Greenbaum: Tim, if you are going to speak, you are going to have to come up to the podium and identify who you are so that the record is clear. Ned, the difference is that category (B) requires a different type of personnel to accomplish the task as required by law.

Mr. McDonnell: This is what a State law or something like that?

President Greenbaum: That is my understanding. Is that true Tim?

Mr. Quinn: Basically, with our bid specs we require working on our utilities that you have to have a minimum of five years experience to work in that area.

President Greenbaum: Is it something that is required by law or just required by the Town?


Mr. Quinn: It’s required by the Township and I would have to check on the law part of that, I am not clear on that.

President Greenbaum: Okay, so the answer is that it is required by the Township because of the sensitive nature of the electrical work that is being done.

Mr. Quinn: That’s correct.

Mr. McDonnell: So, is this a law or is this just a requirement of the town?

President Greenbaum: The answer to that question as best as I can give it you as we sit here right now is that it is a requirement of the Town. I would assume that that work is paid for out of the Sewer and Water Utilities.

Mr. McDonnell: It looks like there is a lot more money being spent on…

President Greenbaum: Because of the nature of the work that is involved I am sure that if we could get away with the cheaper labor rate we would do that but because it involves electrical work that surrounds water, it requires somebody who has more experience.

Mr. McDonnell: What can we use the category (A) people for then?

Mr. Sohl: This building…

Mr. Quinn: All other electrical…mostly building and grounds, parks, areas like that…

President Greenbaum: General electric that doesn’t have to do with sewer and water.

Mr. McDonnell: Will they preferentially be called for the non critical work?

President Greenbaum: Yes, I would assume that category (B) would only be called related to work which is sewer and water related which is being billed out of the utilities

Mr. Quinn: That is correct, yes.

President Greenbaum: That there is no category (B) work which is done which would go to the general fund.

Mr. Quinn: That’s correct. With the sensitive nature of our pump stations and our well houses we specify more experience in that field than we do in category (A).

Mr. McDonnell: It sounds like a good plan, thanks.

COUNCIL COMMENTS ON CONSENT RESOLUTIONS

President Greenbaum: That’s a good question. Any other questions from the audience? Seeing none. Any questions from Council? Roll Call please.

ROLL CALL: Passed Unanimously with the exception, Mr. Rattner abstained from #9 due to his
association with the Day Care Center

RESOLUTIONS NON CONSENT

12. Resolution of the Township Council of the Township of Mount Olive RE: Muehlhauer House.

President Greenbaum: We are up to the Non Consent Resolutions. Mr. Tepper, do you want to move #12 please?

Mr. Tepper: Yes, Mr. President. I move Resolution #12 for approval.

Mr. Buell: Second.

President Greenbaum: Moved and seconded. Is there any public discussion?

Mayor Scapicchio: I would like to make an amendment to that that Mr. Dorsey will…


Mr. Dorsey: I am going to read it right now…

President Greenbaum: That’s… no.

Mayor Scapicchio: That’s a different one?

Mr. Dorsey: Not on that one yet.

President Greenbaum: The Muelbauer House.

Mayor Scapicchio: This is the resolution of the final…the fourth of the fourth?

Mr. Dorsey: Yes this is the fourth of the fourth.

Mayor Scapicchio: Thank you.

President Greenbaum: By the way Mr. Dorsey, you did an excellent job in terms of getting back money on behalf of the Township.

Mr. Dorsey: Thank you.

Mr. Biondi: I have a comment. Once this is over and done with, I want it made public in the Chronicle and every other paper that we deal with. I want the general populous to know that these kids, their parents had to pay. Maybe we can not have this kind of stuff happen again.

President Greenbaum: I would say that you are more than free to contact Phil Garber at the Chronicle. I don’t think that the Township is going to spend money at this point to further advertise that this has occurred, obviously the…

Mr. Biondi: People have to know that they can be accountable for what their children do.

President Greenbaum: Well, I think that might be best served by you contacting Phil Garber and indicating that…

Mr. Biondi: Fine, I can do that.

President Greenbaum: Okay, any other comment? Roll Call please.

ROLL CALL: Passed Unanimously

President Greenbaum: We are up to Non Consent Resolution #13 which deals with the placement of a sign at Woodfield Estates. Mr. Dorsey, if you would be so kind?

Mr. Dorsey: Yes, the Mayor wants the copy that you have in the final paragraph, there are insertions here.

President Greenbaum: Could you read the entire thing because I know that Ned doesn’t have a copy and no one else sitting up here has a copy.

RESOLUTION OF THE TOWNSHIP COUNCIL OF THE
TOWNSHIP OF MOUNT OLIVE GRANTING THE USE OF A STRIP OF TOWNSHIP
LAND FOR AN ENTRANCE MONUMENT FOR WOODFIELD ESTATES

WHEREAS, Woodfield Estates and developer, Kaplan Companies, have requested
the utilization of a small strip of land now owned by the Township to be used for an entrance
monument announcing Woodfield Estates,

WHEREAS, the strip of land involved is a small V between the entrance and exits of the
main entrance to Woodfield Estates, its location is shown on the attached sketch; and

WHEREAS, the entrance monument is attractive and is shown in the attached
schedule; and

WHEREAS, the area where it is desired to locate the entrance monument was once
owned by the Kaplan Companies but now dedicated to the Township; and

WHEREAS, the proposed location is appropriate and desired by the nearly 400
homeowners of Woodfield Estates.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township
of Mount Olive, the County of Morris, State of New Jersey, that it does hereby authorize the erection
of the entrance monument shown on the attached schedule at the location noted for the benefit of the homeowners of Woodfield Estates and does further authorized the issuance of any and all necessary
permits with the understanding that maintenance and replacement will be solely the obligation of the Woodfield Homeowners Association and that the location and related issue shall be approved by the Planning Board on an expedited basis.

Mayor Scapicchio: Thanks John.

President Greenbaum: Someone want to move that?

Mr. Biondi: So moved.

President Greenbaum: Is there a second?

Mr. Buell: Second.

PUBLIC PORTION ON INDIVIDUAL RESOLUTIONS

COUNCIL COMMENTS ON INDIVIDUAL RESOLUTIONS

President Greenbaum: Moved and seconded. Anyone from the public? Seeing none. Roll Call…wait… Colleen?

Mrs. Labow: Mayor, did you happen to get it checked out that there isn’t any sight distance or issues with that for traffic and…

Mr. Dorsey: The Planning Board will take care of that.

Mayor Scapicchio: My understanding is that Catherine has no issues with it. My only request was that it go before the Planning Board because that’s where the original approval was granted. I drove by there and I accept Mr. Dorsey’s argument that it is…

Mr. Dorsey: It’s not an argument.

Mayor Scapicchio: A well fought out change and I, and hopefully the Council, will endorse this proposal and ask the Planning Board to expedite their approval. Catherine tells me she will get it on the next Planning Board Agenda and that the attorney for Woodfield Estates is in favor of going in front of the Panning Board at their next available meeting.

Mrs. Labow: So what we are doing is basically, just granting them permission for it to be on there and it’s subject to the…

Mayor Scapicchio: Its subject to, that’s correct.

Mr. Dorsey: It’s our piece of property.

President Greenbaum: Roll Call.

ROLL CALL: Passed Unanimously with the exception, Mr. Tepper voted no.

Mr. Tepper: No, I believe this should have gone before the Planning Board before it came to the Council so I will vote no.

Mayor Scapicchio: Russ, the reason that it came here first. Is because if we didn’t grant them approval to put it on our Township right-of-way, they would not have invested the time, the money or the effort in terms of going in front of the Planning Board.

President Greenbaum: You know what, we are right in the middle of Roll Call right now.


Mayor Scapicchio: I am sorry.

Mr. Tepper: I understand. I will still stay with no. It’s the wrong way to do it.

Mr. Rattner: How big is the sign?

Mayor Scapicchio: Twenty-four square feet.

Mr. Rattner: Oh, okay and it is going to be relatively low to the ground?

Mayor Scapicchio: Yes.

Mr. Rattner: Okay, that’s all I wanted to know.

Mayor Scapicchio: It makes a lot of sense Steve.

Mr. Rattner: I know but you’re going to have to…..

President Greenbaum: We are up to Motions at this point.

Mr. Sohl: I can show it to you.

MOTIONS

President Greenbaum: First motion is:

1. Approval of Raffle Application #2186 for the Mt. Olive Child Care & Learning Center, Raffle Application #2187 for the Deer Path Montessori School and Raffle Application #2188, #2189 and #2190 for the Mt. Olive HS Parents Club.

President Greenbaum: Boy I will tell you, Mount Olive Parents Club does a lot of raffles.

Mrs. Labow: We’ve been busy.

President Greenbaum: Good for you and for the Mount Olive High School Parents Club. We are going to have different people voting on different things. Mr. Biondi, do you want to move the whole package please?

Mr. Biondi: I will move Motion #1 in its entirety.

Mr. Rattner: Second.

President Greenbaum: It has been seconded by Mr. Rattner. Is there a discussion? Roll Call please.

ROLL CALL: Passed Unanimously with the exception, Mrs. Labow abstained on #2188, #2199 and #2190 and Mr. Rattner abstained on #2186

2. Bill List

Mr. Greenbaum: Mrs. Labow, would you like to move the Bill List?

Mrs. Labow: No… just kidding.

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

Mr. Buell: I would like to move the Bill List.

Mr. Tepper: Second.

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

ROLL CALL: Passed Unanimously


ADMINISTRATIVE MATTERS

President Greenbaum: Administrative Matters, Mr. Sohl?

Mr. Sohl: None.

Mayor Scapicchio: None.

OLD BUSINESS

NEW BUSINESS

President Greenbaum: Old Business, New Business?

LEGAL MATTERS

President Greenbaum: Any Legal Matters?

COUNCIL REPORTS

Recreation Liaison Report

Mr. Biondi: The only thing that we discussed at the last recreation meeting was the Winter Festival/Winter
Carnival. They are still very intent on maintaining that. Most of the discussion that night was about the Winter Festival. We will see where it goes from there. They thought it was pretty well attended, they had over 1,000 people and we’ll see.

President Greenbaum: I am sure the Administration will review that and determine whether or not from their prospective it was a success.

Mr. Biondi: They already have.

Board of Health Report

Mrs. Labow: Sorry, he forgot one thing for recreation.

Mr. Biondi: Excuse me?

Mrs. Labow: None

Mr. Biondi: Do your report. I’ll do my report, you do yours.

Planning Board Report

Mr. Tepper: The issue of relevance to the Planning Board is that we forwarded an application to the Environmental Commission that we have an opportunity to submit for a matching grant for up to $20,000 for marking of pathways or building new pathways within Turkey Brook Park and encourage the Town to proceed with that.

Mr. Dorsey: When is your next hearing on the Morris Chase request for an extension?

Mr. Tepper: This Thursday.

Mr. Dorsey: Do you think it will be concluded in time?

Mr. Tepper: I don’t believe it will be concluded based on the last discussion but it is the primary item on the Agenda.

Board of Adjustment Liaison Report - None

Open Space Committee Report

Mrs. Labow: We met last night and most of what we talked about I can’t discuss right now. It was a very good meeting.

Legislative Committee Report

Mr. Biondi: No report.

Pride Committee Liaison Report – None

Board of Education Liaison Report

Mr. Buell: They met last night. They approved the 2008 calendar which was without comment, which was a first in the 10 years they told me. The only other thing of note is that they will make their budget presentation on March 5, 2007. They have invited us, the entire Council. I think that Lisa was going to put that in the paper and notice it so that we all can… they will be talking about outsourcing of the cafeteria, or at least reporting back on cafeteria, transportation, building maintenance, outsourcing at the meeting as well as the rest of the School Board Budget. A very important meeting, we are all invited and I plan to be there.

Mr. Tepper: When is that?

Mr. Buell: March the 5th.

President Greenbaum: Is that it Mr. Buell?

Mr. Buell: That’s it.

Lake/Environment Issues Committee

Mr. Rattner: Nothing to report

Safety Committee Liaison -None

Finance Committee Report

Mr. Rattner: Nothing to report.

Economic Development Committee Report

Mr. Rattner: Nothing to report.

Solid Waste Advisory Committee Report

Mrs. Labow: We had our meeting last Wednesday and as Mr. Sohl sent an email out, I spoke to Mr. Quinn the other day, we were number one in the County for recycling efforts. We received $23,800 plus and as always we want to encourage our residents to continue to recycle. Anything that you throw in the garbage that you could recycle you are actually costing us money. It was an excellent meeting, I was very happy to be there. I was happy that Mr. Tepper passed the baton and it was a delightful group, a lot of energy, a lot of enthusiasm.

Library Board Liaison

Mr. Tepper: Meets tomorrow.

President Greenbaum: Mr. Sohl, you had something?

Mr. Sohl: I was just going to add that the $22,000 for the recycling money is about $4,000 to $5,000 more than we got last year.

President Greenbaum: The Mayor is doing an excellent job encouraging people to recycle their waste.

Mayor Scapicchio: Its Tim Quinn and Phil Tobey and the Township residents who are recycling.

Mrs. Labow: We also get a lot more money for paper and cardboard right now, so recycle away.

President Greenbaum: Library Board, Mr. Tepper. Did we already do it and you said nothing?

Mr. Tepper: Meets tomorrow.

President Greenbaum: Oh, good.
Mr. Tepper: I will give you the same answer.

Mayor Scapicchio: I would just like to pick up on the Economic Development Committee. Bill, myself and Brian Siegelwax met yesterday with two representatives of the County Economic Development Committee and I know the Mount Olive Economic Development Committee has a meeting with them on Saturday. Steve, they are proposing to do a business fly survey for us at their expense, no expense to us, to help us to develop and understand what the business community’s needs are, what they like and dislike about Mount Olive Township and I think that new committee headed by Brian Siegelwax, together with the County, is going to be a real benefit to help us to understand what we need to do as a community to attract new commercial ratables and to retain what we already have.

President Greenbaum: Good, very exciting.

PUBLIC PORTION

President Greenbaum: Is there anyone from the public who wishes to be heard this evening?

COUNCIL COMMENTS

President Greenbaum: Any final comments from anyone on Council this evening? We are going to do a very brief Executive Session this evening with regard to Morris Chase, very brief. After that we will come out of Executive Session and take no action whatsoever. So you three are excused, thank you.

Mr. Tepper: Pursuant to Section 7 & 8 of the Open Public Meeting Act I move that we go in to Executive Session to discuss Morris Chase.

Mrs. Labow: Second.

President Greenbaum: Moved and seconded. All in favor?

AYE

ADJOURNMENT

Motion was made and seconded, all in favor and none opposed, the meeting was adjourned at 8:34 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 February 27, 2007.


_______________________________
Lisa M. Lashway, Township Clerk

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