COUNCIL PUBLIC MEETING MINUTES - FEBRUARY 19, 2008

The Regular Public Meeting of the Mount Olive Township Council was called to Order at 8:53 pm by Council President Perkins with the Pledge of Allegiance.

PLEDGE OF ALLEGIANCE & MOMENT OF REFLECTION for all those who have and continue to protect our freedoms and our way of life.

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

ROLL CALL

Present: Mr. Perkins, Mr. Roman, Mr. Tobey, Mrs. Labow,
Mr. Rattner, Mr. Greenbaum,

Absent: Mr. Tepper

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

President Perkins: Thank you, Mayor, we have the Proclamation Supporting the Mayor’s Wellness Campaign.

Mayor Scapicchio: We do, Mr. President, thank you very much.

Proclamation - Supporting the Mayors Wellness Campaign “Your Passport to Healthy Living”

WHEREAS, across New Jersey, communities are facing a rise in health care costs; and

WHEREAS, physical activity levels have been decreasing and obesity rates increasing; and

WHEREAS, local leaders are looking for ways to promote active living, healthy eating and overall wellness in their communities; and

WHEREAS, the Mayors Wellness Campaign works with Mayors and key leaders to shape healthier lifestyles for the men, women and children in their communities; and

WHEREAS, Mount Olive Township can work towards the goal of healthier citizens and lower health care costs by championing practices and programs that promote active living; and

WHEREAS, the Mayors Wellness Campaign will work to implement a comprehensive program of outreach, education and technical assistance activities to combat obesity and inactivity in Mount Olive Township.

NOW THEREFORE, be it proclaimed that I, David Scapicchio, Mayor of Mount Olive Township do hereby proclaim my support of the Mayors Wellness Campaign in Mount Olive Township.

President Perkins: Thank you, Mayor.

Mr. Roman: If I may congratulate the Mayor on his recent weight loss.

Mayor Scapicchio: Thank you, lead by example.

Mr. Roman: There you go.

President Perkins: And if I can say that what you’ve lost I’ve gained.

Mrs. Labow: I lost 35 pounds and you didn’t say anything.

Mr. Roman: Well you didn’t tell me. Congratulations.

Questions on Bill List?

President Perkins: Does anyone have any questions on the Bill List for the Council? Do we have any questions on the Bill List from the public? Please state your name and address, sir.

Nelson Russell, Budd Lake: On the Bill List received February 15th on page four, half way down, I’m seeing $400.00 spent for the calibration of tuning forks. Aren’t tuning forks used to calibrate other things?

Mr. Sohl: Yes, radar detectors.

Mr. Russell: Then why are we calibrating a tuning fork?

Mr. Greenbaum: You have to.

Mr. Roman: You have to.

Mr. Greenbaum: You have to. It’s required.

Mr. Russell: It’s a piece of metal, though.

Mr. Greenbaum: It has to be tested and certified as being true so that any test that you take from that calibration is determined to be true, otherwise you run into problems in terms of discovery on municipal court matters. One of the things as an attorney in municipal court that you ask for is always the calibration of all of the equipment that is used, and tests to be done periodically.

Mr. Russell: The radar equipment I can understand.

Mr. Greenbaum: Radar equipment and also the tuning forks.

Mr. Russell: Also the tuning forks?

Mr. Sohl: A tuning fork can change frequency based on a nick in the material or being dropped.

Mr. Greenbaum: It probably gets sent out of state?

Mr. Rattner: No, this one here is done by the Morris County Department of Weights and Measures. They actually do it. In fact, that’s who the payment is to, right?

Mr. Russell: Alright. On page five I’m seeing $90.00 for typewriter service. Still using typewriters?

Mrs. Labow: Yes, we still have to have some…

Mr. Greenbaum: Yes that comes up all the time, forms and things.

Mr. Sohl: We have some limited uses.

Mrs. Masser: That would be actually from my office.

Mrs. Labow: And also the Police Department, I think, still has them too, don’t they?

Ms. Jenkins: There are a few departments that have it. We actually have a list in my office and we say the same thing…

Mr. Russell: Is there a problem with the typewriter?

Mrs. Jenkins: Yes, at times we do have problems with them and there are departments that definitely need them because their forms cannot be done on the computer. So the only way they can do them is with the typewriter.

Mr. Greenbaum: It’s very difficult to buy a typewriter these days. Did you ever go and try to buy one?

Mr. Rattner: It’s very difficult to try to get one fixed.

Mr. Russell: And the last one on that list was on page six, motion picture leasing for $253.00.

Ms. Jenkins: We have to pay a license to be able to show movies at the Senior Center. We have to pay a fee.

Mr. Russell: Okay, so it’s just a rental.

Mr. Sohl: It’s a copyright fee.

Ms. Jenkins: Yes, exactly.

Mr. Russell: Thank you.

Ms. Jenkins: Okay.

Mrs. Labow: Don’t we have to do that for the Library? The Library has that also.

Mr. Sohl: Yes, but they do that themselves.

Mr. Rattner: Anybody who shows movies, CDs or VCR.

Mr. Sohl: This is an annual copyright fee we pay, not for every movie.

Ned McDonnell, Budd Lake: Nelson addressed a couple of my concerns. I have one on page six, battery back up system listed under maintenance contracts. Isn’t that a piece of capital equipment, and does it have to go out for bid?

Ms. Jenkins: It is a maintenance contract on the battery back up system. That’s why it’s charged there.

Mr. McDonnell: Oh, because we didn’t buy a system we’re just maintaining it.

Ms. Jenkins: Yes, exactly.

Mr. McDonnell: Okay, and on page seven, two bags of ice for $127.00. Am I missing something there?

Ms. Jenkins: It was actually more than that. I questioned the ice myself, and I guess they moved the ice machine from the Road Department to DPW and restocked it. The reason that they have it is that the men use it to put in coolers when they’re on the road to keep them hydrated.

Mr. McDonnell: Okay, and on a lighter note, in the past I’ve accused the Council of rubber stamping some of their votes. I think that my comment has been vindicated because I see on page four, from Anchor Rubber Stamp Co., there’s one Council vote stamp. Please use it judiciously and be careful with it. Thank you.

President Perkins: Anyone else have any comments or questions on the Bill List? Okay, none. Thank you.

APPROVAL OF MINUTES OF PREVIOUS MEETINGS

President Perkins: Mr. Greenbaum, would you move those Minutes?

Mr. Greenbaum: I’ll move them.

Jan. 22, 2008 WS, PM & CS
Absent: Mr. Perkins

Mr. Rattner: Second.

President Perkins: Any Council comments, corrections or otherwise? Roll Call please.

ROLL CALL – Passed with the exception Mr. Perkins abstained.

CORRESPONDENCE

LETTERS FROM RESIDENTS/ORGANIZATIONS

1. Letter received January 24, 2008, from New Jersey Future regarding Brownfields Redevelopment, Smart Growth Recommendations from New Jersey Future.

2. Letter received January 30, 2008, from Karen Stetson regarding the Veteran’s Memorial.

3. E-mail received February 1, 2008, from TransOptions regarding informational workshops about the Safe Routes to School Program.

4. Letter received February 7, 2008, from Noreen Debrot regarding an upcoming Washington Township Planning Board meeting to discuss Homeless Solutions, a non-profit company that provides housing for homeless individuals and families.

5. Letter received February 8, 2008, from the Mount Olive Area Chamber of Commerce regarding their February 20th Business Meeting on Multi-Chamber Networking with guest speaker Tammie Horsfield.

DCA

6. Letter received January 24, 2008, from the State of New Jersey Department of Community Affairs, Office of Smart Growth, regarding an Extension for Completion of Mandatory Basic Course in Land Use Law and Planning.

MUA / MSA

7. Minutes received February 8, 2008, from the Musconetcong Sewerage Authority regarding the January 9th, 2008 regular meeting.

DOT / DEP / LOI / HIGHLANDS

8. Letter received January 25, 2008, from Simoff Engineering Associates regarding a freshwater wetlands letter of interpretation extension checklist for the Mount Olive Mews (Route 46.)

9. Letter received January 25, 2008, from the Mount Olive Center Associates c/o Simoff regarding a Freshwater Wetlands Application (Route 46 Block 4100, Lots 80 & 84.)

10. Letter received January 25, 2008, from Omland Engineering Associates, Inc. regarding a Notice of NJDEP Application, Blue Vista Consulting, LLC for Block 9202, Lots 1, 2, 9 & 10 (Roxbury Township – Route 80 Commercial Park.)

11. Letter received January 25, 2008, from Blue Vista Consulting, LLC regarding a Freshwater Wetlands Application Notification, Block 9202, Lots 1, 2, 9 & 10 (Roxbury Township – Route 80 Commercial Park.)

12. Letter received January 28, 2008, from the State of New Jersey, Department of Environmental Protection, Land Use Regulation Program regarding a permit for Princeton Alliance Church Block 7000 Lot 87 (1 River Road.)

13. Letter received January 28, 2008, from the State of New Jersey Department of Transportation regarding the announcement of the Safe Routes to School Program.

14. Letter received January 28, 2008, from the State of New Jersey, Department of Environmental Protection, Bureau of Underground Storage Tanks regarding the Biennial Report for CEA Budd Lake Volunteer Fire Department.

15. Letter received January 28, 2008, from the State of New Jersey, Department of Environmental Protection, Northern Bureau of Water Compliance and Enforcement regarding a Notice of Violation, Mount Olive Township W.D. – Goldmine System.

16. Letter received January 30, 2008, from the State of New Jersey, Department of Environmental Protection, Bureau of Underground Storage Tanks regarding a Remedial Investigation Work Plan, Shell Service Station #138353 (285 Rte. 206 & Flanders Road.)

17. Letter received January 31, 2008, from Heymann & Fletcher regarding S&H Country Builders and Highlands Applicability Determination Application, Block 2207 Lot 3 (11 Clearwater Road.)

18. Letter received February 4, 2008, from Heymann & Fletcher regarding S&H Country Builders and Highlands Applicability Determination Application Block 2207 Lot 3 (11 Clearwater Road.)

19. Letter received February 4, 2008, from TransAction 2008 regarding the 32nd Annual New Jersey State Transportation Conference & Expo.

20. Letter received February 8, 2008, from State of New Jersey, Department of Environmental Protection, Bureau of Industrial Site Remediation regarding Dell Contractors, Inc. and a No Further Action Letter and Covenant Not to Sue for Block 4400 Lot 85 (160 Gold Mine Road.)

21. Letter received February 6, 2008, from the State of New Jersey, Department of Environmental Protection, Division of Land Use Regulation, regarding an application form for Muhammad Farooq, Block 2603 Lots 4, 4.01, and 4.02 (31 Street.)

UTILITIES

22. Letter and check received January 25, 2008, from Comcast for the use of municipal rights-of-way during the calendar year of 2007.

23. Letter received January 25, 2008, from Comcast regarding a correction to Channel Changes.

24. Letter received February 1, 2008, from ATC Associates Inc. regarding FCC Section 106 Compliance for T-Mobile USA, Inc. Route 206 to construct a new 45-foot utility pole to replace an existing 40-foot pole (BT 1912 MOT.)

25. Letter received February 8, 2008, from Comcast regarding Channel Changes.

LEAGUE OF MUNICIPALITIES

26. Letter received January 22, 2008, from the New Jersey State League of Municipalities regarding the New League Brochure State Government and Your Local property Taxes.

27. Letter received January 31, 2008, from the New Jersey State League of Municipalities regarding an Appellate Division affirming that specificity is required for a proper OPRA request.

28. Letter received January 31, 2008, from the New Jersey State League of Municipalities regarding the seminar Finance – Budget: Update with Government Officers and Municipal Clerks.

29. Letter received January 31, 2008, from the New Jersey State League of Municipalities regarding the seminar Sexual Harassment – Your Rights.

30. Letter received February 4, 2008, from the New Jersey State League of Municipalities regarding the seminar the Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act (FMLA.)

31. Letter received February 4, 2008, from the New Jersey State League of Municipalities regarding the seminar In Rem Foreclosure Process for Municipalities.

32. Letter received February 4, 2008, from the New Jersey State League of Municipalities regarding a buffet and the State of the League Address by Executive Director William Dressel, Jr.

LETTERS FROM LEGISLATIVE REPRESENTATIVES

33. E-mail received January 18, 2008, from Congressman Rodney Frelinghuysen regarding Frelinghuysen back from South Pole Scientific journey, Tax hike on the Horizon, Emergency energy assistance, Unfinished business – Closing the terrorist loophole, Mt. Arlington Train Station opens this weekend, and Honoring Dr. Martin Luther King.

34. Letter received January 30, 2008, from the New Jersey Alliance for Action regarding the 5th Annual Governor’s Transportation Conference with Jon Corzine – Fiscal Restructuring: What does it mean for New Jersey Transportation Projects?

35. E-mail received February 1, 2008, from Congressman Rodney Frelinghuysen regarding the House Passing a Temporary Growth Package, Interest Rate Cut – Again!, Protect America Act Extended, Frelinghuysen Priority in State of the Union Address, and Spread the E-News!

36. Letter received February 8, 2008, from Assemblyman Michael Patrick Carroll of the 25th District regarding updating members of the Governing Body and local Boards about Housing and Local Government Committee updates relating to proposals which directly affect land use and local government functions.

President Perkins: That leads us into our Correspondence of which it appears we have thirty-six pieces of Correspondence. Do any Council members have any questions or comments on any one of those pieces?

Mr. Roman: Just on the second one, that Karen Stetson, is that the address that that came from? That was Wal Mart ITC.

Mrs. Labow: Yes.

Mr. Sohl: I tried tracking it down. The only record they have of somebody under that name works in a store in Massachusetts some place.

Mrs. Masser: Yes, we never really came to a conclusion on where it came from or who, but we did list it.

Mr. Sohl: I called Wal Mart and I called... So in my opinion it’s bogus.

Mrs. Labow: It’s a bogus letter.

Mr. Greenbaum: Maybe it was a typo in the address and the person actually works at Lowes.

ORDINANCES FOR PUBLIC HEARING

President Perkins: Or Sam’s Club it could have been. Alright, any other questions or comments? Seeing none, that moves us into Ordinances for Public Hearing. I open the hearing to the public on Ord. #4-2008, entitled:

Ord. #4-2008 An Ordinance of the Township of Mount Olive Authorizing the Acquisition of a Portion of Lot 114, Block 4100.

President Perkins: Does anyone from the public have any comments? Seeing none, I’ll ask Mr. Roman to please move that for adoption and final passage.

Mr. Roman: Yes, Mr. President, I move that we adopt for final passage Ord. #4-2008.

Mr. Rattner: Second.

President Perkins: I have a second. Are there any Council comments? Roll Call please.

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

President Perkins: Ord. #4-2008 has passed on second reading, and I hereby direct the Clerk to forward a copy of same to the Mayor and publish a notice of adoption as required by law. I open the hearing to the public on Ord. #5-2008, entitled:

Ord. #5-2008 Ordinance Amending Ordinance Numbered 52-07 of the Township of Mount Olive, in the County of Morris, New Jersey Finally Adopted December 18, 2007 in its Entirety in Order to Amend the Sources of Funding for the Acquisition of Property.

President Perkins: Does anyone from the public have any comments or questions on that ordinance? Seeing none, I will ask Mrs. Labow to please move that for adoption and final passage.

Mrs. Labow: I move for adoption and final passage of Ord. #5-2008.

Mr. Roman: Second.

President Perkins: I have a second. Are there any Council comments or questions? Mr. Rattner.

Mr. Rattner: Yes, I have some problems just because I am not sure where we are with it, you know. We’ve still been getting memos on it this afternoon and I don’t want to vote no, so I may make a motion to continue it. Mr. Rattner (Cont’d): One of the things that I did notice was in a memo we got in the last week from Mr. Dorsey, which mentioned that the Mayor is going to support it only if there is no Township funds involved with the acquisition. If I look at Section 1 it says very clearly that there are two sources from the Township that are contributing toward it. I would imagine that is because we haven’t gotten the final confirmation on who is paying what and from what sources. When I look at everything in its totality, I don’t think that we’re ready to move with it yet. I don’t know if we know if even the landowner is going to be willing to accept the contract unmodified because it seemed to be a contract that was developed by Council. It was then changed by somebody else and I’m not really sure where we are at this point. There are just too many questions on it and I would like to continue the public hearing so we don’t kill it.

Mr. Dorsey: Ask if there’s a second to his motion.

President Perkins: Is there a second to that motion?

Mrs. Labow: Second.

Mr. Rattner: Alright, you have to take a roll call on the motion.

President Perkins: Take a roll call on the motion to continue.

ROLL CALL - Passed with the exception Mr. Greenbaum voted no.

President Perkins: Ord. #5-2008 will be continued.

Mrs. Labow: Will we have some of the answers by the next meeting?

Mr. Dorsey: Well, I’ll tell you where we are. We do not have anything from the State by way of a commitment that they will pay $137,500 or from the County of Morris saying that they will pay $137,500. I assume, and Mrs. Urgo and Mrs. Murphy have always worked on the assumption at least conceptually, but when I last spoke to Green Acres they had not yet seen the appraisals which were done in November. Secondly, and perhaps more importantly going back to one of Mr. Tobey’s original observations, was that we don’t have a signed contract by Hashemi. We accepted one revision that was made by Mrs. Urgo, I assume, on behalf of Mr. Hashemi several months ago, but we do not yet have a signed contract. I don’t know how much further we want to pursue this if we don’t have a signed contract.

Mr. Sohl: Do we want to discuss this now or in Closed Session?

Mr. Dorsey: Well what’s the difference? It’s Township money. We can discuss it now. We just did.

Mr. Sohl: I mean, John, you sent us over a version of a contract and we got that today.

Mr. Dorsey: No, we sent you a contract last November. That contract was apparently rejected by Hashemi and Mrs. Urgo took five of 23 paragraphs out of the contract and sent it back to us. What we sent you today was essentially the same contract that we sent you back in November accepting one of the deletions that Mrs. Urgo had made. So it’s not as if you just got a contract today, Bill.

Mr. Sohl: John, that’s not what I’m saying. I’m saying that you sent us a contract today.

Mr. Dorsey: Well, no…

Mr. Sohl: There may have been others sent but from my perspective we received that one and we’re using that as the stake in the ground. We’re in the process of reviewing it to get back to you.

Mr. Dorsey: I understand that, but the issue of there not being a signed contract by Hashemi has been floating around for at least three months, Bill. It’s been floating around, because Mr. Tobey raised the point three months ago that we didn’t have a signed contract and why are we proceeding? Now, we don’t even have a signed contract and on the other hand we don’t have the commitments for the funding from sources other than Mount Olive what the Mayor told me, as far as he was concerned, fundamental, and we also now have to make an inquiry as to whether or not, as to what latitude the Township will have under that funding from Green Acres if indeed it materializes.

Mr. Sohl: That’s the path that we’re trying to go down. So we have the contract you sent us today. Kathy and I…

Mr. Dorsey: You do understand that we sent you a contract three months ago, right?

Mr. Sohl: I understand that. I’m taking the Mayor’s direction that tells me, “Don’t worry about where we’ve been. Where are we trying to go to?”

Mr. Dorsey: You were sent a contract three months ago. Urgo changed that contract. We don’t have a signed contract.

Mayor Scapicchio: John, are you suggesting that we need a signed contract that is, obviously, needs to be finalized and okayed by you and/or somebody in your office prior to moving forward?

Mr. Dorsey: Well, when you say move forward…

Mayor Scapicchio: Anything. Should we take any more steps forward without having a signed contract with the terms that we’re willing to accept this with?

Mr. Dorsey: The reason why you usually have a signed contract has now passed because the survey, the title, my time, have all been expended, but you obviously have to have a signed contract before you can think of going to closing.

Mayor Scapicchio: You know, because…

Mr. Dorsey: And now we’re not going to closing until we know that we have an absolute commitment as to the funding, and funding that will not interfere with the issue you raised today.

Mayor Scapicchio: The other issue that I’ve raised with you, I believe today, and with some Council members over the past week also, and Kathy knows my position is whether or not if we use Green Acre funds to purchase this, if we use County Open Space funds to purchase this, do we have the ability to raze that building because if we don’t, I think we need to have a serious discussion amongst the Council members to see what the policy decision is with regards to the use or the non-use of that building, because if we purchase it with other people’s money…

Mrs. Labow: Why do you want to raze it?

Mayor Scapicchio: …and we eliminate our ability to be able to raze that building, and a majority of the Council does not want to put any money into the rehabilitation of that building, we need to rethink this.

Mr. Sohl: I don’t believe there is any limitation of razing the building any more than there was when Turkey Brook Park was purchased and there was the, when Mayor Licitra wanted to raze the Seward House.

Mr. Dorsey: I would suggest…

Mr. Sohl: But we should check it out.

Mr. Dorsey: I would suggest that you get written confirmation of that.

Mr. Sohl: That’s fine.

Mr. Dorsey: And written confirmation as to how many dollars each party is going to come up with and you don’t have that.

Mr. Sohl: We are in that process.

Mr. Dorsey: You don’t even have a certified valuation from the State yet.

President Perkins: Mr. Greenbaum?

Mr. Greenbaum: Are we having a full blown discussion on this because I do have some things to say, but I thought that we had a motion to continue the public portion in which case we are moving on with our Agenda. If we’re not then I have some things that I want to say about my position with regard to this purchase, but I don’t know what the appropriate chair position is.

Mr. Dorsey: Well, the motion was passed to essentially continue the public hearing on this issue.

Mr. Greenbaum: Yes, does that mean that I have the floor to discuss this issue, or are we moving on to the next issue?

Mr. Dorsey: No, some people think you had enough of the floor.

Mr. Rattner: You had the walls and the ceiling too.

Mr. Greenbaum: I don’t know what you mean, John.

Mayor Scapicchio: Share your thoughts.

Mr. Greenbaum: I don’t think we should entertain any discussion about purchasing this building anymore. It’s been a disaster from the get go in terms of the contractual negotiations, in terms of the title negotiations and in terms of our inspection issues that the house would cost significantly, the building itself would cost significant dollars to put into any type of usable form. So the only option is to purchase the property and spend Township dollars to knock it down. There is absolutely no value whatsoever to spend any money, any additional money by the Township to purchase this property. I don’t know why we continue to have these discussions. I guess other people have a different feel for just having an open lot there, but, you know, it just seems to me that we’re beating a dead horse over and over and over again with respect to this piece of property.

Mr. Dorsey: Could the problem be that you don’t have a vision?

Mr. Greenbaum: I had a vision but it got knocked out of me during that first discussion.

President Perkins: Well, Mr. Greenbaum I appreciate your comments. Basically, as you know from the start you echo mine. I have been highly disappointed with the progress that this has taken. I do believe that at the beginning at our reorganization meeting we had given some very specific direction. That date has subsequently passed. We continue to look at a piece of property that in my opinion of over 21 years of looking at it, I can tell you I’ve drank there before, I’ve eaten there over the years. I see no benefit to the Township at all to acquire it but that decision will ultimately be made by the majority of the Council. With that, we will suspend discussion and continue that on to the next public hearing which will move us into ordinances for first reading with the next…

Mayor Scapicchio: Excuse me, Council President?

President Perkins: Yes.

Mayor Scapicchio: I mean, I guess Ray, the question I would ask is, and I appreciate that, are we to continue moving forward to try to get to the point where we have a contract…?

Mr. Dorsey: Well wait a minute, I think the point that is terribly important is to move forward on the points that you raised. Number one, we need certification from the County and from the State that they are coming up each with $137,500 and within that commitment we want a clarification that we can use that money to acquire the property without giving up our right to raze the building. Now that, it seems to me, we absolutely have to pursue because at this point especially the question you raised today, I think you raised it with me today, of razing the building we don’t want to ever enter into a contract if they don’t say that we can use that money to acquire the property and raze the building. If they don’t say yes to that then you, at least you have made it clear what your position is. You don’t want to sign a contract.

Mr. Greenbaum: I’d like to get a straw poll from Council as to who wants to move forward with this deal at this point, because I know Mr. Tepper who is not sitting here has indicated he is not prepared to move forward with this. At least three people, if there’s not a fourth what’s the sense of moving forward with any of those questions?

Mr. Dorsey: Well, you know, in all fairness I think we ought to take the next two weeks to see if we can answer the Mayor’s two questions because we are not adopting the ordinance tonight. So there is not an ordinance that authorizes the contract. I think the Mayor wants to know the answers to the questions he has raised before he signs any contract.

Mr. Greenbaum: Okay.

Mayor Scapicchio: I agree.

Mr. Dorsey: And if the answer comes back either from the State or the County as “no” to any of those
Mr. Dorsey (Cont’d): questions then it is definitely not one the Mayor wants to sign.

Mr. Greenbaum: But what if four Council members irrespective of those answers don’t want to purchase the property.

President Perkins: Then it dies.

Mr. Dorsey: That’s true.

Mrs. Labow: The question is though are we purchasing, is it costing from our Open Space or is it from the partners? And there’s also more than just the building there to look at. You have the docks and potential rental for the slips and everything else. There’s more than just the building there.

President Perkins: Well, again, looking at the rental from the slips, somebody has to rent it. Now you’re going to tell me where they’re going to park, and anybody that can tell me that there’s eight parking spaces up there for someone to park at, they don’t have that. So to use the slips and park, how are we going to rent the slips?

Mrs. Labow: They’re not going to have all the people there all the time they just, you know. It’s occasional.

Mr. Roman: During the summer that end of the street gets clogged up with somebody backing up their boat and then when they go to put the trailer, it quickly builds up.

Mr. Rattner: But they’re not…

Mrs. Labow: But that’s still going to be there. The ramp is still going to be there and we also have property around the corner that we could use for parking. We have a whole lot right around the corner.

Mr. Roman: Most people don’t go there. They don’t want to walk.

President Perkins: I want to end this.

Mr. Rattner: No I just want…

President Perkins: You want what?

Mr. Rattner: I just want to comment about just at least moving forward.

President Perkins: Will it be short?

Mr. Rattner: Yes. When we first started this last summer, the first thing I asked for, and so before we start placing blame on how we got here and who didn’t do what, we went forward and I said well, I want to understand what our immediate action is going to be and what our long term goals are with the building. I mean, I support looking at it I said because I want to know what we’re doing. I also, which included how were we going to secure it immediately so that if it was useful it wasn’t deteriorating, and the six other people who were here on the Council said no we don’t need that now. It’s too early. So before we try placing, you know, how we got here I mean negotiations were always hard. I think Mr. Dorsey had the best idea. Let’s at least see the two weeks, get all the questions answered and when everybody has all the questions we take a final vote. If it’s four votes to buy it, then we buy it. If there isn’t, and then of course if the Mayor vetoes we probably couldn’t override it so, you know. But that’s where we should be going.

Mr. Tobey: Ray, just excuse me, one thing. Is it possible within the next two weeks that we can get an indication as to what it would cost to raze the building, so at least we know if we are in a position to do that, we have a preliminary estimate as to what that would cost so everyone can take that into consideration when they make a decision.

President Perkins: Well, again, there are a couple of items that are germane to the issue. One is where are we getting the funding, where is the commitment, where is that in writing? Two, is the Mayor’s concern as well as yours and all of ours, can we raze the building? My biggest concern is three, as Councilman Greenbaum pointed out, is there enough support to move forward with this. Without Mr. Tepper here, and if Mr. Tepper... His vote is important on this type of an issue of utilizing taxpayer dollars which we have already expended some monies toward this project. How much more do we need to spend? If it’s nothing, what’s it going to be used for? How much will it cost to raze? I think, Phil, in two weeks the Administration needs to get those answers and bring them back to us. When we revisit this ordinance we’ll have the vote and it will be a decision President Perkins (Cont’d): at that point. Do we go forward or do we drop it?

Mr. Sohl: Just as a point of reference, it’s three weeks if you go by your potential new schedule.

President Perkins: Yes.

Mr. Sohl: March 11th.

Mrs. Labow: March 11 would be…

President Perkins: March 11th, that’s it.

Mr. Rattner: Somebody’s moving full steam ahead.

ORDINANCES FOR FIRST READING – (Public Hearing March 11, 2008)

President Perkins: Okay, we’re moving on now. Thank you everyone for their comments. Let’s see, the next item on the Agenda for first reading is Ord. #4-2008, An Ordinance of the Township of Mount Olive Authorizing the Acquisition…
Mr. Roman: No.

Mrs. Labow: No, we did that. We’re on Ord.#6-2008, Ray, for first reading.

President Perkins: Thank you.

Mrs. Labow: You’re welcome.

President Perkins: Ord. #6-2008, entitled:

Ord. #6-2008 An Ordinance of the Township Council of the Township of Mount Olive to Amend and Supplement Article II “Open Public Records” Section 102 Entitled “Designation of Custodian and Deputy Custodians of Municipal Records of the Mount Olive Township Code.

President Perkins: Councilman Rattner, would you move that ordinance please?

Mrs. Labow: Ord.#6-2008 for first reading.

Mr. Rattner: Thank you, Mr. President. I move that Ord. #6-2008 be introduced by title and passed on first reading and that a meeting be held on March 11th, 2008 at 7:30 p.m. at the Municipal Building, 204 Flanders-Drakestown Road, Mount Olive, NJ for a public hearing consideration of said reading and passage of said ordinance and that the Clerk be directed to publish, post and make available such ordinance in accordance with the requirements of law.

Mrs. Labow: Second.

President Perkins: I have a second. Any Council discussion?

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

President Perkins: The next item on the Agenda is entitled:

Ord. #7-2008 An Ordinance of the Township of Mount Olive to adjust Water Rates and Services Fees.

President Perkins: Mr. Tobey, could you move that ordinance please?

Mr. Tobey: I move that Ord.#7-2008 be introduced by title and passed on first reading and that a meeting be held on March 11th, 2008 at 7:30 p.m. at the Municipal Building, 204 Flanders-Drakestown Road, Mount Olive, NJ for a public hearing consideration of said reading and passage of said ordinance and that the Clerk be directed to publish, post and make available such ordinance in accordance with the requirements of law.

Mr. Rattner: Second.

President Perkins: I have a second. Any Council discussion? Seeing none, Roll Call please.

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

President Perkins: The next item on the Agenda is entitled:

Ord. #8-2008 An Ordinance of the Township of Mount Olive Re: Sewer Service Charge for the Cloverhill Sanitary Sewer System.

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

Mr. Greenbaum: I move Ord.#8-2008 to be introduced by title and passed on first reading and that a meeting be held on March 11th, 2008 at 7:30 p.m. at the Municipal Building, 204 Flanders-Drakestown Road, Mount Olive, NJ for a public hearing consideration of said reading and passage of said ordinance and that the Clerk be directed to publish, post and make available such ordinance in accordance with the requirements of law.

President Perkins: Can I have a second?

Mrs. Labow: Second.

President Perkins: Thank you.

Mrs. Labow: I have a question also.

President Perkins: Council discussion, go ahead.

Mrs. Labow: Just an off the wall kind of question. If we as Council members live in that service area, like if I live in Cloverhill like I live in Budd Lake, are we allowed to vote on these issues since…

Mr. Dorsey: Yes.

Mrs. Labow: It is okay? It’s not a conflict? Thank you. I just wanted to clarify it.

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

Mrs. Masser: Mr. Greenbaum…?

Mr. Greenbaum: Colleen, otherwise you’d never be able to vote on anything including the school budget.

Mrs. Labow: No, no I am just saying because…

Mr. Greenbaum: You’d never be able to vote on the school budget because it affects you.

Mrs. Labow: Because you’re directly…

Mr. Greenbaum: So does the school budget.

Mrs. Labow: I’m just asking for clarification because we live directly in that system.

President Perkins: He’s in rare form tonight.

Mrs. Labow: No, I understand what you’re saying. I understand.

President Perkins: Mr. Greenbaum?

Mr. Greenbaum: I abstain.

ROLL CALL – Passed with the exception Mr. Greenbaum abstained.

President Perkins: Jesus my good Lord, thank you. The next item on the Agenda is entitled:

Ord. #9-2008 An Ordinance of the Township of Mount Olive Re: Sewer Service Charge for the Budd Lake Sanitary Sewer System.

President Perkins: Mr. Roman, would you move that ordinance please?

Mr. Roman: Thank you Mr. President, I move that Ord. #9-2008 to be introduced by title and passed on first reading and that a meeting be held on March 11th, 2008 at 7:30 p.m. at the Municipal Building, 204 Flanders-Drakestown Road, Mount Olive, NJ for a public hearing consideration of said reading and passage of said ordinance and that the Clerk be directed to publish, post and make available such ordinance in accordance with the requirements of law.

Mr. Rattner: Second.

President Perkins: Any Council discussion?

Mr. Greenbaum: It’s moving it down? It’s decreasing the rates?

Mr. Perkins: Yes.

Mrs. Labow: Yes.

Mr. Rattner: The last time it was yours and we decreased it.

Mr. Greenbaum: I had to abstain then.

Mr. Perkins: Call the Roll please.

ROLL CALL – Passed Unanimously except Mrs. Labow who abstained.

President Perkins: The next item on the Agenda is entitled:

Ord. #10-2008 An Ordinance of the Township of Mount Olive Re: Sewer Service Charge for the Wyndham Pointe Sewer System.

President Perkins: Councilwoman Labow, would you please move that?

Mrs. Labow: Thank you Mr. President, I move that Ord. #10-2008 to be introduced by title and passed on first reading and that a meeting be held on March 11th, 2008 at 7:30 p.m. at the Municipal Building, 204 Flanders-Drakestown Road, Mount Olive, NJ for a public hearing consideration of said reading and passage of said ordinance and that the Clerk be directed to publish, post and make available such ordinance in accordance with the requirements of law.

President Perkins: Do I have a second?

Mr. Rattner: Second.

President Perkins: Thank you, any Council comments? None, Roll Call please.

ROLL CALL – Passed Unanimously with the exception Mr. Greenbaum voted no.

Mrs. Labow: What was that look Mr. Perkins?

President Perkins: Glad to make it through that. That takes us on to the Consent Resolutions Agenda.

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 Confirming Clarifications in the Agreement between the Township and R.G. Gold Mine LLC.

2. Resolution of the Township Council of the Township of Mount Olive Amending the Annual Schedule of Meetings and Other Requirements Pursuant to the Open Public Meetings Act.

3. Resolution of the Township Council of the Township of Mount Olive RE: Temporary Capital Budget Amendment – Acquisition of Certain Property.

4. Resolution of the Township Council of the Township of Mount Olive RE: Temporary Capital Budget Amendment – Acquisition of Block 4100 Lot 114.

5. Resolution of the Township Council of the Township of Mount Olive Amending the 2008 Temporary Budget for the Current Fund. – amended 2/19/08

6. Resolution of the Township Council of the Township of Mount Olive Providing for the Transfer of 2007 Budget Appropriations for the Current Fund Budget.

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

8. Resolution of the Township Council of the Township of Mount Olive Authorizing an Agreement with Frank Dolan.

9. Resolution of the Township Council of the Township of Mount Olive Authorizing Participation in the Environmental Joint Insurance Fund’s Sustainable Energy Project.

10. Resolution of the Township Council of the Township of Mount Olive Opposing Expansion of Wrongful Death Statute to Include Title 59 Entities.

COUNCIL COMMENTS ON CONSENT RESOLUTIONS

President Perkins: Is there any Council member that wishes to have anything removed from the Consent Resolutions Agenda? Seeing none, Councilman Rattner, would you please move the Consent Resolutions?

Mr. Rattner: Thank you, Mr. President, I move Consent Resolutions one through ten.

Mrs. Labow: Second.

President Perkins: Roll Call please.

ROLL CALL – Passed Unanimously

PUBLIC PORTION ON CONSENT RESOLUTIONS

Mr. Perkins: Also, I missed the public portion on that. Does anybody from the public have any comments? These guys are killing me tonight, I’m telling you.

Mr. Rattner: It’s all Greenbaum.

Nelson Russell, Budd Lake: On Resolution #1, I don’t happen to have a copy of what was filed but is RG Goldmine, LLC actually paying that $32,000 or is the Town?

Mr. Rattner: It’s million.

Mrs. Labow: $32 million.

President Perkins: Does anybody have a copy of that?

Mr. Dorsey: What was the question?

Mayor Scapicchio: John, that’s the revised, or the clarification of the Rock Gold agreement.

Mr. Dorsey: It has to do with the contract contained within itself conflicting dates for the closing. This simply revises that so there is no internal conflict.

Mr. Russell: Oh, okay I thought…

Mr. Dorsey: It doesn’t change the price or anything like that.

Mr. Russell: There was an EPA…apparently.

Mr. Dorsey: There is a meeting with EPA next Tuesday, but that’s not what the clarification deals with.

Mr. Russell: Okay, it didn’t do that then why is that “whereas” even in there then if it…?

Mr. Dorsey: Well, because that is an issue that no one knew about at the time of the bidding or the award of the contract.

Mr. Russell: Okay. On Resolution #2, I don’t have a calendar with me but I believe November 10th is a Monday. Is that intentional?

Mrs. Labow: Yes.

Mr. Sohl: I think that was a typo.

Mrs. Masser: No it’s not a typo.

Mr. Roman: Election.

Mr. Sohl: Oh, that’s…

Mrs. Labow: No, it’s, there’s another…

Mrs. Masser: It’s not a typo. I believe between the League of Municipalities and the General Election that was the only other day we were going to be able to have a meeting that month.

Mr. Russell: So it will be on a Monday.

Mrs. Labow: It will be on a Monday.

Mrs. Masser: Just that one meeting.

President Perkins: Just that one, Nelson.

Mrs. Labow: I had actually asked Lisa that…

Mr. Russell: Just that one meeting, you said?

Mr. Greenbaum: We’re thinking about changing all of our meetings to Monday night. We’re just not telling anyone.

Mrs. Masser: Just that one meeting in November will be a Monday.

Mrs. Labow: Nelson, I asked Lisa that same question. I called her up and asked her. Yes, it’s exactly what Michelle said.

Mr. Russell: Okay, thank you.

RESOLUTIONS NON CONSENT - none

PUBLIC PORTION ON INDIVIDUAL RESOLUTIONS -none

COUNCIL COMMENTS ON INDIVIDUAL RESOLUTIONS - none

MOTIONS

President Perkins: Anyone else since I passed you guys off? No? Thank you. There are no Non Consent. Alright, we’re on to Motions. Mr. Tobey, would you move the first motion for the appointment of Chuck McGroarty?

1. Appointment of Chuck McGroarty of Banish & Associates as Township Consulting Planner for a term to run with the Mayor expiring 12/31/2011.

Mr. Tobey: I move Motion #1 as presented.

Mr. Roman: Second.

President Perkins: All in favor?

AYE

Mrs. Labow: You don’t have to do a Roll Call?

President Perkins: Motion, #2 the appointment of Laura Bartus to the Economic Development Committee. Mr. Greenbaum?

2. Appointment of Laura Bartus to the Economic Development Committee for a 3 year unexpired term expiring 12/31/09.

Mr. Greenbaum: I move it.

Mr. Rattner: Second.

President Perkins: All in favor?

AYE

President Perkins: Approval of:

3. Approval of Raffle Application #2239 for the Parents Club MOHS, (Raffle Application #2240 for K of C #6100 Fr. Joseph A. Cassidy Council- REMOVED 2/19/08) and Raffle Application #2241 & #2242 for St. Jude’s Church.

Mr. Roman: I move Raffle Application #2239, 2241, and 2242.

Mrs. Labow: Can you do that by Roll Call?

Mr. Dorsey: Ask for a Roll Call.

Mrs. Masser: I need a second.

Mr. Tobey: Second.

President Perkins: Call the Roll please.

ROLL CALL – Passed with the exception Mrs. Labow abstained from #2239 because she is President of the Parent’s Club

President Perkins: Mrs. Labow, would you move the Bill List please?

Mrs. Labow: I move the Bill List.

4. Bill List 1/24/08-2/12/08 & 2/13/08-2/19/08

Mr. Roman: Second.

President Perkins: All in favor?

AYE

ADMINISTRATIVE MATTERS - none

OLD BUSINESS

President Perkins: Does anybody have any Old Business to address?

Mrs. Labow: I just want to bring up Old Business from our last meeting from the Workshop. Mr. Duarte came before the Council and he had an extensive amount of information to share with us and some concerns that he had, and yet no one said anything about what he had to say. I don’t understand why, you know. He came to the Council and said that he wanted to address having some, what was it, the buffers, the very, you know, what was it? Setbacks addressed? He went to Planning Board and they told him to come to Council so, and then he sat down and we never really said which is it. Where does he go to request those items to be entertained to be changed? My understanding is that it is the Planning Board.

President Perkins: The Planning Board has jurisdiction over that. He was directed by last Council President Greenbaum to pursue that venue. Now if the Planning Board has refused to hear him…

Mrs. Labow: They told him to come here.

President Perkins: Well obviously that’s a mistake because they come here and there’s no ordinance change that the Council would effectuate to have anything codified or otherwise, unless the recommendation came from the Planning Board. So the only recommendation that we could obviously do is send him back exactly where he’s come from. If Administration, through the Mayor’s office, wants to follow up with the Planning Board to see why they won’t address Mr. Duarte, then that’s out of our purview.

Mr. Greenbaum: I don’t agree with that necessarily after giving it some thought.

Mrs. Labow: Yes.

Mr. Greenbaum: I think that perhaps the best thing to do is to refer it to Chuck McGroarty as a Council request to get the information from Mr. Duarte as to what he is intending for us to look at in terms of a setback, or a zone for the entire Town, and to get Chuck to then give us a report as to why it’s not feasible or why it is feasible. Ordinances don’t necessarily come from the Planning Board although they do sometimes. Sometimes they come from Council and they are referred to the Planning Board for recommendation before we adopt them. So if the Council were so inclined to take action on Mr. Duarte, and I’m not saying that we should, but if the Council were so inclined to take action on Mr. Duarte’s behalf, at this point I believe that the appropriate action would be to refer it to Chuck for analysis, and then report back to Council. Obviously the Planning Board doesn’t want to undertake it on their own. I don’t know whether or not it’s viable. I don’t even really understand what it is that he’s asking for other than to have it expanded with respect to the application which affects him.

President Perkins: Well last year, Mr. Greenbaum, you had directed Mr. Duarte, and correct me if I’m wrong, to submit his letters and all to us and we had gotten that report from Mr. Duarte. Was that not also shared with the Administration who would have then given that to the Planning Department? Did we not receive the report from Mr. Duarte last year on his concerns at your direction?

Mr. Greenbaum: I think that we did receive his report but I’m not sure that we ever really took a look at the issue which he wanted us to address, which was to change either the side yard or front yard setback issues. I don’t know that it’s viable, you know, and his immediacy is in response to the application which affects him. So for us to pass a particular ordinance which changes our bulk requirements, I don’t know that it makes sense. I can’t really comment on it because I don’t really know exactly what he’s saying on a Town wide or a district wide, on a, you know, a zone wide basis. Whether he’s saying, you know what, in an R-R Zone it should be “X.” In a Commercial Zone it should be “Y.” I don’t know.

Mrs. Labow: He just has to be heard and we told him Planning Board is the place. They sent him back here, so…

Mr. Greenbaum: I agree. I think that if Council were so inclined, it would be to refer it to Chuck at this point to give us guidance as to what he’s requesting and why it either works, or it doesn’t work from a planning perspective. Chuck may come back and say he wants throughout the entire Town to have 200 foot buffers, and Chuck will say it can’t happen for the following reasons. At least then we have educated ourselves and we’ve handled…

Mrs. Labow: We’ve addressed the concern that he had.

Mr. Greenbaum: …addressed the concern of a resident, which I’m all for. I’m all for it despite what happened here tonight. I’m all for addressing the concerns of the residents.

Mrs. Labow: I mean, he’s been very patient going back and forth.

President Perkins: Mr. Tobey.

Mr. Tobey: You know what, for that gentleman to be sent back and forth, I’d actually like to make a recommendation. Why don’t we coordinate a meeting with the appropriate parties and sit down with everyone and go from there? That’s the best thing to do.

President Perkins: Mr. Mayor?

Mayor Scapicchio: You have a Council liaison that’s been on that Planning Board that can address those issues. Since I’ve been attending these Planning Board meetings in 2008, I can tell you that Mr. Duarte has always been given an opportunity to testify with regard to testimony that was made at these public hearings. He has never been denied since I’ve been sitting there the ability to speak on testimony that’s been heard. I’m not quite sure that it’s completely accurate that the Planning Board sent him back to Council.

Mr. Greenbaum: You know what? I don’t disagree with anything that the Mayor said because I know the way that the Planning Board works and someone, the bottom line is that the Planning Board has not taken action on his request for a change in variance, which would come back to the Council. So the appropriate step, if Council were so inclined, is to say let’s take a look at it. Let’s send it to the Planner and have the Planner advise us as to why it is or is not appropriate. Then what we would do is either draft the ordinance and send it to the Planning Board at that point for their recommendation, or we’ll decide that there is no ordinance which is appropriate.

Mrs. Labow: The other question that I had also is that he mentioned that the Planning Board does not have a public portion that’s opened to the public on any subject. I think that he brought up a good point by reading the Open Public Meetings Act, that it is a public meeting and there should be an opportunity for the public to address issues that are not on the Agenda that night or presented as testimony. Is that true or not true?

Mr. Greenbaum: That’s, first of all that’s wholly a Planning Board issue. That’s not a Council issue, number one. The Planning Board operates in such a fashion as to compartmentalize how they run their meetings. Otherwise you would never get past the first application.

Mrs. Labow: No, I know.

Mr. Greenbaum: They have five and six applications on. You’d never get by the first application.

Mrs. Labow: The question is through the Open Public Meetings Act, are you required to have a general public portion with any meeting?

Mr. Greenbaum: You know what? If you are and if the Planning Board is violating it then it’s an issue for the Planning Board. It’s not for us to tell the Planning Board how to run their meetings.

Mrs. Labow: No, I’m just saying in general. Any public meeting, do you always have to have a public portion, Mr. Dorsey?

Mr. Dorsey: I believe that they should have a…

Mr. Rattner: Open mic.

Mrs. Labow: Not just them, anyone. Any public meeting…

Mr. Dorsey: I believe the answer to that is yes.

Mr. Greenbaum: I’m coming to the Mount Olive High School Parent’s meetings from now on because I’ve got something to say…

Mrs. Labow: Thursday night at 6:30.

Mr. Greenbaum: Now that I know there’s going to be an open mic.

Mrs. Labow: We always have open mic. As a matter of fact we don’t even follow Robert’s rules half the time. Thank you, Mr. Perkins.

President Perkins: Thank you Mrs. Labow, any New Business?

NEW BUSINESS - none

LEGAL MATTERS

Mr. Dorsey: Just this, since we discussed the Boathouse I don’t think we have any need for an executive session tonight because, number one, there’s a meeting scheduled with EPA next Tuesday. Both RG Gold and I are prepared to go and do our respective things. In connection with Toll Brothers and the Water Franchise, Mr. Perkins, with his expertise, has taken over the negotiations where I left off. At this point we’re waiting for some response before we’re in a position to put it before the Council for any kind of a decision. On the Foote matter I wrote, suggested a course of action that the Business Administrator should take. We simply have to leave him an opportunity to do that. So I don’t think that we need an executive session.

Mr. Sohl: Well, I need one briefly on one short personnel matter.

President Perkins: You still need it on your negotiations on personnel, right?

Mr. Sohl: When we get to it. Well, not negotiations but…

President Perkins: But the personnel issue. Alright, that takes us up to Council Reports.

COUNCIL REPORTS

Recreation Liaison Report

Mr. Roman: The Recreation Committee is going forward with the planning for Mount Olive Carnival Day. Also, the Recreation Committee has recommended that Mount Olive Lacrosse be granted the use of the Newfane property. That’s about it.

Board of Health Report

Mrs. Labow: We meet on Wednesday, tomorrow.

Planning Board Report

President Perkins: Mr. Tepper is not here for Planning Board.

Board of Adjustment Liaison Report

Mr. Roman: At the previous meeting Ternberry was approved. The Meineke Car Care Center was continued until February 25th, and I believe there is a meeting the 25th.

Open Space Committee Report

Mrs. Labow: The Open Space Committee met last Monday night, a week ago. I want to invite any Council members who are, who would like to come on February 25th at 3:00 we’re meeting at Turkey Brook Park over by the Dog Park. We’re going to meet with the Natural Resource Conservation Service to take a, we’re going to go hiking on the trails and in line with the Recreation Committee also, is recommending taking care of the soil erosion at Turkey Brook Park, and we’re going to take a hike at 3:00 on February 25th, weather permitting. We’re not going in the rain are we, Kathy? Okay, so if it’s nice out we’re going and if it’s raining we’re not. Also, the Park Committee as well as the Recreation Committee has endorsed working on the soil erosion problem and we’re looking for, hopefully, maybe federal funding to help us with that. That’s what this hike is going to be all about. We’re also looking to… You don’t want to hear what I have to say, Mr. Dorsey?

Mr. Dorsey: No, I’m looking at you.

Mrs. Labow: We’re still looking at the trailheads for the Allamuchy State Park with Helen. We’re still trying to figure out which trailhead we’re going to actually establish. We’re going to go look at another location to see if we can come up with something better than the ones we have. Open Space Committee is also concerned with Blue Atlas. The closing is coming up soon and we’d kind of like to find out what direction we are going in with that parcel and what kind of plans the Administration and Council and the various Committees have for that property. That’s about it.

Legislative Committee Report

Mr. Rattner: I don’t have anything to report, but didn’t I see on a prior Agenda that we got that Mr. Licitra was going to introduce himself?

Mrs. Labow: Yes that was…

President Perkins: Would you like to invite him up?

Mr. Rattner: Well, it’s probably appropriate now. Instead of making him wait until 11:30 when we get out of here.

President Perkins: That’s what happens when he sits in the back. He’s lost all that weight and you can’t see him in the dark.

Mr. Licitra: Thank you for the, I was in the Chesters tonight and I kind of knew that it came to be about 9:15 and I looked at the clock, and I said, knowing a little about Mount Olive I think you’d still be going at 9:30 or so. Also, they got a call over there about some maniac Councilman. You’ve got to come over here and listen to him.

Mayor Scapicchio: You did get a phone call.

Mr. Licitra: No, I’m just kidding you. Anyhow, as most of you know, the Legislative office is open. It’s open for about three weeks now. It’s the satellite office. The main office will be open and that will be in Sparta. The economies of scale, the two Assembly people and the Senator will be together in one office. It’s kind of unique in the State having three people in one office. It kind of allows them to have more of a staff helping the constituency within the district. Our office will be staffed on a part time basis, but the phones will be 24/7. Everything will be going through the Sparta office, and I’m there to help at the local level. The first thing we want to do is kind of do an outreach program to all the towns in the 24th and in Morris County, and have a meeting and try to do it once every three months with the local people to learn, to have them learn what you people are doing, but mostly for you to learn what they’re doing and what’s going on in Trenton, what is available to you in Trenton and what’s available to them on the local level. I think that’s one of the first things that they want to do and I think it’s very good. I think that one of the things that we don’t sometimes grasp is what’s going on in the different Townships around us. I think it’s very important because after spending time at different meetings in these different Townships, I realize that we have different problems but we might have some solutions to these different problems by using the facilities at the State or using the facilities between each one of the Townships. So, I would like to tell you that you’ll probably get an invitation to the open house in Sparta when they do open. They’re scheduled for February 29th. Right now they’re working out of three different offices including mine, including the one over here. Please, avail yourself. Any questions you have of your Legislators. Let us know, you know. I did ask the Mayor and I did ask the Council President to make available whenever you’re invited to something and you think that we should be there, let us know. I know that Christie will do it and I know that the Clerk’s office will do it. Just pick up the phone or send us the same information too. We started to get on so many mailing lists for the different people in the Township. I do have one proclamation that I know has to be read at the Day Care Centers and I’m not going to be able to read it, so I don’t know who is going to the 30th anniversary, but I would like either the Mayor or the Council President if you’re going…

Mayor Scapicchio: I’m going.

Mr. Licitra: …if you please would do us a favor and read it at that, and I’ll get it over to you. Otherwise, if you have any questions let me know, but I just want you to know that we’re going to be as active as we possibly could in this area.

President Perkins: Paul, thank you. What’s the, for the press, can you give the address and the telephone number?

Mr. Licitra: Yes, we have, I’ll leave you some cards. Of course they are going to change in a little bit as I get the e-mail site set up and a few other things. We’re at 227 Route 206. There is a building across the street from where Assemblyman Gregg had his office. There are two, three storey buildings. We’re on the first floor. Give me a call anytime. I know Ray has visited the office already. Please come down, you know. I’m not going to say that we’re going to be there all the time, but like I said, we’ll be there, you know, about four hours a day, three or four hours a day. Hopefully we’ll get enough constituency work where we can get somebody else in the office on a full time basis. Like I said, the Sparta office is going to be handling everything as far as that’s concerned.

President Perkins: How can we reach you by telephone?

Mr. Licitra: I’ll leave some cards, okay? I’ll leave them with the Clerk and she can pass them out. It’s 584-4670 and the fax number is 4672. Any questions?

President Perkins: That was fast.

Mr. Roman: Paul, would you kindly go back to them and tell them about the problems that we’re going to be having with these COAH obligations? The residents, going on now at the bottom of Hackettstown Mountain is something we’re going to be facing here and it’s not going to be a popular decision.

Mr. Licitra: I do make them available. I do get all the newspapers and try to make them available by cutting out different articles from different local papers as well as other papers that are germane to our district. So I know they have a reading file. I put together about thirty articles a week for them so I know that they are familiar with that right now. Again, you know, if you want to shoot us off a quick memo or a quick note or something like that. I know that every time I visit a Town they come with three or four areas that they want to talk about. So it’s very, very important that you do jot us a note, a quick note, or pick up the phone, anything like that. People want to know different things like what is our fair share? What is the State going to be sending us in the way of money? What’s happening on 206, because they’re going to be redoing that roadway over there. So there are a lot of questions that are germane to this. I’d like to make them feel like I like to make you feel, that even though they are in Sussex County and the main office is Sussex, we still have representation over here.

President Perkins: Thank you, Paul.

Mr. Licitra: Okay, I’ll go around here. Thank you. Nice to see all of you.

Mrs. Labow: Thank you. It’s good to see you too.

President Perkins: I don’t see enough of you.

Pride Committee Liaison Report

Mrs. Labow: The Pride Committee met last week, or two weeks ago already. We’re talking about possibly starting the Mount Olive Garden Club again. That has not been around for about 20 years now. We’re trying to find some interest in that direction. We’re not sure if it’s going to be part of the Pride Committee or a separate club unto itself. The other thing too is that we were very concerned about is that there was a lot of money that has been spent on the banners that were supposed to be put up around Town on Route 46 and 206 and various areas for spring, summer and fall. They have not been going up but we understand, I did have an opportunity to speak with Mr. Lynch on Saturday at our Budget Hearing that it’s more the problem that he can’t put the truck on the highway on Route 46 to change the banners. So I will be bringing that back to the Pride Committee and at our next meeting the Mayor is going to meet with us, I think, a half an hour or hour before because we’re looking to find out what direction the Mayor wants the Pride Committee to go in. What are his objectives and what should we be working on? We were also talking about maybe having an Earth Day celebration. So that’s another thing we’ll be discussing next week.

President Perkins: Is there any update, Mrs. Labow, on the status of the billboard?

Mrs. Labow: I did ask Mr. Sohl today, thank you…

Mr. Sohl: Liz wrote me and e-mail about the 5th of February, and I checked with CBS and I think that it got lost in the cracks somewhere there. I spoke to the individual who was supposedly going to get back to me, but I’ve got it on an automatic bring up.

President Perkins: Okay, so we should hopefully hear something within the next couple of weeks, Bill?

Mr. Sohl: Hopefully, yes, I mean it’s to everybody’s advantage.

President Perkins: What’s that?

Mr. Sohl: It would be beneficial to Pride Committee in terms of revenue and save…

President Perkins: Councilman Greenbaum brought it up last year and I started looking more into it and President Perkins (Cont’d): contacted CBS. Of course I did that incognito just as a concerned person about wanting to rent a billboard. That’s when I started seeing what the costs were. When we began to look at those, there’s a fantastic way to be able to fund off some of these committees.

Board of Education Liaison Report

Mr. Tobey: I attended a Board meeting two weeks ago. Dr. Lamonte informed everyone that their budget is several million dollars over cap which is no surprise. There’s a special budget meeting tomorrow night at 7:00p.m. at the Board of Education building and I’ll be attending that. On a side note, the High School purchased 80 recycling containers for paper products, which was good to hear, as part of our recycling campaign in Town. So that’s all.

Mr. Greenbaum: I saw something online that said that there being $4 million over cap is likely to lead to a budget, or second question with respect to Middle School sports and a couple of other issues. They’re going to actually separate it out to deal with it. Was that discussed?

Mr. Tobey: I’ll get to that, no, that was not discussed at the last meeting but I’m sure that it will be a topic tomorrow night.

Mr. Rattner: I spoke to Mr. Stansberry over the weekend because I said that I read the same thing and I asked him how much of that was true. He said it’s mostly fact and that’s what the Superintendent is going to be presenting tomorrow, her plan to approach the budget. That’s why there’s a special meeting for tomorrow night. I read the same thing probably from the same place and he said it’s pretty much true.

Mr. Greenbaum: Is it true that once a second question goes down, that’s it, it’s dead on those issues? Does it come…

Mr. Rattner: In a sixty percent rule.

Mrs. Labow: Yes.

Mr. Greenbaum: Sixty percent on a second question.

Mrs. Labow: Yes, and then the next thing is it goes back on it has to be approved by a lot more.

Mr. Rattner: Yes, he said that it was true.

President Perkins: Thank you, Mr. Tobey.

Lake/Environment Issues Committee

Mr. Rattner: Nothing to report.

Safety Committee Liaison

Mr. Greenbaum: Yes, we did have a meeting on February 6th and there were a number of issues discussed. The bulk of the meeting dealt with the EMS daytime coverage. It appears that the Committee is going to look at it, meet on March 19th, and make a recommendation to Council in terms of how they believe that we should proceed. The Committee is made up of various members of the Budd Lake Fire, Budd Lake Rescue, Flanders Fire, Flanders Rescue and the Police Department. While the issue doesn’t seem to be as up front in terms of hearing about it everyday that at one point we had heard there was a real problem in Budd Lake, I’m not hearing that everyday. I asked the Police Department to get back to me in terms of what’s really happening out there. I have heard some horror stories. One was brought to me today in terms of an incident where there was no response. Someone had a heart attack. It’s an issue we’re going to have to tackle, and ultimately what I expect to happen is that we’re going to get a recommendation out of that Committee to go to a daytime paid service and I’d like to have it on the Agenda because we were trying to not let it continue and continue. I said, you know what, I’m going to ask Ray to put it on for the end of April meeting. That’s why we set the deadline for the March 19th Safety Committee meeting to come to a recommendation. There were other issues that were discussed as well. There are apparently some mutual joint purchasing meetings that are going forward which is good news. There was some discussion with regard to lock boxes and the issue that I think they had lost the master key to the lock box and now that seems to have been resolved. I brought up the demolition permit already. There was an issue with regard to an agreement on specific mutual aid where the Rescue Squads had set up on certain days to have specific neighboring Towns cover first aid calls if they were unavailable and the Police Department had some problems in terms of dispatching. That issue is being addressed as well, and then Mr. Greenbaum (Cont’d): there were some other minor items related to Mount Olive Week and parking issues that the Police department brought up. There was one issue that was brought up with regard to a computer system that I guess Flanders has, in which the others are looking at where if you get the call that something is going on you can call back in and it shows up on a monitor within the Fire Department as to who is coming, where they are, and…

President Perkins: The IM responding.

Mr. Greenbaum: Yes, IM responding. So everyone’s taking a look at that. I think the cost was minimal per house and, you know, certain people were barking and saying that we don’t want to spend our dollars. I said, you know what, if we’re talking about a minimal amount of money which is something that’s going to benefit the Township it’s something that the Council would address. Those are the issues that were discussed. I expect that it’s going to be a big issue. I expect to get a recommendation out of the Safety Committee on March 19th, and I expect that we will hear some background noise from the one department that’s against this saying that we’re picking on them. Really, there’s nothing more important that we do then provide for the health and safety of the residents of Mount Olive. We’re going to have to do what needs to be done.

President Perkins: Exactly, well thank you, Mr. Greenbaum. Finance Committee, Mr. Rattner?

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 met last week and Mr. Tobey mentioned already that the School had received 80 recycling containers which is really good news. We decided that we’re going to meet on an every other month basis with the exception that we’ll have a meeting in both April and May. In May, Mr. Tobey has requested that the Solid Waste Committee actually have an outdoor meeting and choose a section of Town that we clean up.

Mr. Tobey: A clean up day instead of the meeting.

Mrs. Labow: He’s been trying to get that through a few times so I’m hoping we’ll have all of our members show up, and maybe some other members of the community.

Mr. Tobey: We’re going to pick a location on that.

Mrs. Labow: I think it’s a good idea. We also talked about Adopt a Spot which is also being worked on, I forgot to mention, by the Pride Committee. We’re talking about updating our recycling requirements, and how to recycle and what to recycle. I also have to send out an e-mail to Mr. Gaskill, Scott Gaskill our IT gentleman, to find out if we can recycle, if SWAC can have our own page on the website so it’s a little bit easier. People can go directly to our recycling page instead of having to go through a few clicks to get to recycling. We should have something that’s kind of comprehensive and have articles of interest, new technology, so on and so forth that are coming out.

Mr. Tobey: One other note, I believe the new ordinances need to be distributed.

Mrs. Labow: Oh, I’m sorry, yes. Our new ordinances need to be distributed to be put on the Workshop Agenda. SWAC did say that all of the ordinances that Mr. Dorsey prepared were acceptable to the Committee, and we’re looking forward to having first reading that does have to be approved by April 1st. Was Tim going to send those?

Mr. Tobey: I believe he was…

Mrs. Labow: Going to send that over, okay. Alright, we’ll send that right over.

Library Board Liaison

President Perkins: Alright, thank you. That takes us to the Library Board and Mr. Tepper is not here. That takes us to the public portion. Way in the back of the room. You’ve already been up. Name and address for the President Perkins (Cont’d): record please.

PUBLIC PORTION

Buddy Shakespeare, 8 Pershing Ave., Budd Lake: I just would like to discuss a little bit about the Lacrosse issues with the fields. I know that you have supported what they’re doing in the future, as far as giving them an area to develop and have fields there. I’d just like to talk about Turkey Brook a little bit. As we all know there was a lot of money spent there, and you do have fields up there that are used regularly by baseball, which is about seven months of the year, soccer, which is about eight months of the year. All of the other facilities there get used quite regularly but you do have a football field and multipurpose field. When the plans were originally designed, it was designed for a multipurpose field. At the time, football was upset that they wouldn’t have a field to utilize and ultimately they do have a field. What you have there is a two month program that has five or six weekend home games and that’s the only time that field gets used by an association. So you have ten months of the year that that field is not being utilized by an association. It may get used by kids coming around and utilizing it to go out and kick a ball around and play pick up games, or whatever it might be. Damage to that field from that type of activity, when you compare what you see on the soccer fields, and the soccer fields get used by the whole soccer recreation program in addition to the High School programs. If you ever go up there after a High School program with the young adults playing soccer, they rip the heck out of the field. You can see clumps of sod all over the place. Now, if they can repair fields like that and use them continuously, night in and night out during the whole season, the eight month season, I can’t understand why Lacrosse which has no home field can’t use that football field for the spring program when that’s their season. Nobody else uses it. Football, they have the whole summer to grow, replant the field, whatever they think is necessary, but you have that whole one program using it for two months and nobody else using it. I don’t know if you’re aware that if you go up and watch these games, if you go up and watch what’s going on, you have a field up there that’s not being used eight months, or ten months of the year.

Mr. Sohl: Have you discussed this with Jill? There was just a Recreation Committee meeting and the recommendation that came out of there was to have Lacrosse folks use Newfane.

Mr. Shakespeare: I understand that they’re put to another location. My question is why can’t they use that field? Taxpayers are paying the money. Millions of dollars are spent on a complex and one field is being used two months out of the year. You have sprinklers there, you have, you know, anything that you need to grow grass and maintain it. Yet, for ten months of the year that field is not being used by any other organization.

Mr. Roman: I think that one issue with Lacrosse would be that the way those balls go air borne at any parked cars, you would see multiple windshields being broken from a Lacrosse ball. So I know that was one issue that was brought up as to why Lacrosse didn’t want to use some other fields. As someone who has played football and soccer, that football field gets a ton of abuse. Jim Lynch was asked why that field can’t be used more and it’s because of the excessive abuse that it gets.

Mr. Shakespeare: Excessive in what use?

Mr. Roman: When it comes to game time, football is one of those sports you’re not running back and forth. You’re getting tackled and, I mean, that field gets abused heavily. Jim sometimes closes that field down even for some games, but as far as adequate use for Lacrosse, I would definitely not want to be parked in that parking lot if someone is playing Lacrosse.

Mr. Shakespeare: Well, you know, if you go all over Morris County wherever Lacrosse goes, there are numerous fields that have that and being a parent who has two children that participate, so be it if my car gets hit. That’s same way with baseball, it’s a common occurrence. It’s part of being involved in the programs. You do take those risks and as far as football, it starts in September and ends in mid to late October and now you’ve got the whole year.

President Perkins: Mr. Greenbaum?

Mr. Greenbaum: I agree wholeheartedly with you. I think that all of the fields throughout the Town should be used when they’re not scheduled for a particular sporting organization, specifically for either practice or for football, they should be open to the residents of the Township whether it be soccer, lacrosse, football, or baseball even because now that we have the lit field you’re going to have an outfield in Flanders that’s going to be available for the use of the residents as well, I assume. So I agree with you. I’ve always thought it odd that we built all these fields and we don’t allow our residents play on them which is bizarre to me. I know Ned, certainly fits right into your scheme, your concept of the recreation facilities in Town. I think we cater too much to the sporting facilities and those fields should be open and usable for the residents of Mount Olive whenever they are not scheduled for use by the…

Mr. Sohl: Well, I think he’s suggesting just the use by lacrosse right?

Mr. Greenbaum: Well, I’m going beyond that.

Mr. Sohl: Yes, okay.

Mr. Greenbaum: I have a problem with the fact that the football field is closed to residents, not only just lacrosse but to residents. The baseball fields are closed to residents of the Township. If they don’t participate in the sporting organization they can’t use the fields. It’s kind of absurd.

Mr. Shakespeare: Anyway, we do have limited resources and we have to utilize the best we can and, you know, for lacrosse it’s a unique sport obviously because of the ball. There’s no field in Town that is going to be perfect for a lacrosse field, but you do have a fence up there. If you ever go up there and watch a game, I’ve been there for three years now, I can’t recall a ball hitting a car. That’s me, you know, I watch kids from sixth grade up to eighth grade and that’s where the program ends in eighth grade. Then you go to High School and you have other School fields to use. You have girl, you know, the boys last year had zero home games at my son’s level.

Mr. Roman: How many years has lacrosse been in?

Mr. Shakespeare: I believe it’s three or four years.

Mr. Greenbaum: About three or four now.

Mr. Shakespeare: Anyhow, it’s a starting program but they have just as many participants as football, and football lo and behold, they had their own field at the Middle School field. They jumped onto Turkey Brook for the games, but what did they do for that field that lacrosse would do? All they want to do is use it, you know, there’s no money given back. So, it’s there to be used. It’s been built and if it sits there for ten months out of the year, it’s not getting used. I have a problem with that as a resident. All the other fields get used and if you go look at the soccer fields, they get beat up thirty times harder than the football field or any other field in Town.

Mr. Roman: And I believe also that soccer helps in the improvement of that field. I believe Jim Lynch said…

Mr. Shakespeare: They might. I don’t know, but it’s immaterial I think if they help or not. If you go to these other programs and said, you know, you can’t use this field or else do something to help it, I think you would. I mean, as a baseball parent I cut more fields in this Town in the ten years that I’ve been involved. People don’t want to hear about it.

Mr. Roman: Right, and I think…

Mr. Shakespeare: And it’s only because us, the taxpayers, go and cut High School fields, recreational fields because they say that we’re insulting them because it’s their job. Well, if it’s not getting done I’m going to do it. So that’s where I think we need to look at this and reassess it a little.

Mrs. Labow: I have a question, Ray, can I? Ray?

Mr. Tobey: Let me just…

President Perkins: Mr. Tobey.

Mr. Tobey: You know what? There are two topics or two concerns that are constantly brought up. It’s a lack of field time and the fact that the fields get beat up. I’m curious to know, has there been any discussions or any consideration with regards to the turf field behind the High School. Is it available?

Mr. Shakespeare: When it is available it does get used. It does, I’ve seen, my daughters have had games on there for lacrosse, my son had, I think one game last year on lacrosse there.

Mr. Tobey: Okay.

Mr. Shakespeare: And if you look every Sunday, there’s a pickup game they have where they range from, you know, eight year old kids up to adults. They go out and play for two hours, Lacrosse three hours on that field. So if it’s there, it’s available, it’s utilized. That’s the High School.

President Perkins: Mrs. Labow.

Mrs. Labow: I have a question. Buddy, for the lacrosse, and I understand that the reason why you guys have been displaced because of the damage that was done to the Turkey Brook Park football fields, which I’m not really sure why.

Mr. Shakespeare: Well, it’s two years running.

Mrs. Labow: Two years running. The question I might have, just have you checked with the High School to see if you can use the High School football field for lacrosse?

Mr. Shakespeare: They have talked about it. I don’t know how far it’s gone. I know Tim O’Connor, I haven’t asked him all the particulars but he’s more than appreciative that there’s going to be some kind of movement down the road to get fields, but in my, that’s why I’m here just because I feel I can’t understand why it’s not being used.

Mrs. Labow: I can’t understand either.

Mr. Shakespeare: We have the personnel to fix soccer fields, to fix the baseball fields that get ten times the damage that the football gets, and yet it’s not used.

Mrs. Labow: Yes, I mean, certainly our personnel, I mean, I believe that our parks and grounds is what their main job is, to make sure to maintain the fields, to make sure they are up and running and ready for the public. They do a fabulous job but I just don’t understand what the problem is with the football field. I’ll have to ask Jim, but with the balls that are coming out, if there is any, Mr. Roman mentioned, can there be netting put up on the football field to keep the balls from getting into the parking lot like you have with the…

Mr. Shakespeare: I think you’re going to take away from the picturesque aspect of the Park itself.

Mrs. Labow: Oh, okay I got it.

Mr. Shakespeare: I don’t think it’s necessary, and again, if you go watch the games the balls that go that way are shot on goal. So now you have an area the size of this room, say, that’s open for balls going out and to get that far out you have to have a shot this high and it would keep going. It’s not a very common occurrence.

Mrs. Labow: Okay, thank you.

Mr. Shakespeare: Alright, thank you.

President Perkins: Next up, Mr. Russell, name and address, please.

Nelson Russell, Budd Lake: Two issues, the first one concerning Mr. Duarte. He’s been given an opportunity, as the Mayor stated, to question the applicant’s witnesses. The way the whole procedure runs is that the applicant presents his case and each witness can be cross-examined or questioned by Mr. Duarte. After that Mr. Duarte can present his own case and introduce his own witnesses and his own expert witnesses, etc. That point hasn’t been reached in the application yet. Mr. Duarte, yes, has been shut down in trying to present an expert witness or present additional testimony. He just hasn’t waited until his proper point in time. In terms of being sent back to Council he wanted to change the setback rules which are determined by ordinance, and ordinances are managed by the governing body. That’s where he was sent back to the Council, for that respect. I guess that’s all I had to say on Mr. Duarte. He still continues in his application.

Mrs. Labow: But that would be a, Mr. Perkins, can I just interject, please?

President Perkins: Of course, but it’s a little late now, isn’t it.

Mrs. Labow: No, I think it would be the same sort of thing like with the commercial vehicle ordinance. First it went to the Planning Board, which I was on the Planning Board at that time. We reviewed it and then we put our recommendations back to Council, and I think from, you know, asking Mr. Duarte to go to Planning Board was more or less to ask him, you know, for the Planning Board to make their recommendations and then come back to Council. You’re absolutely right that Council does do the ordinances on the final phase of it, but I think we were looking for Mr. Duarte to have a recommendation from Planning Board.

Mr. Russell: Well the Planning Board, and I’m speaking for myself I don’t know about the rest of the Planning Mr. Russell (Cont’d): Board, didn’t have any intention of changing the setback rules. We felt they were perfectly fine. Mr. Duarte wanted them changed and that would be the Council that does that.

Mrs. Labow: Okay.

Mr. Russell: Second and final point, in the Chronicle, “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 12, 2008.” Obviously this was submitted to the paper before the meeting was cancelled, and I appreciate the phone call by the way, they informed me that the meeting was cancelled.

Mr. Greenbaum: Oh, we were here.

Mr. Russell: This is what got me wondering. This particular ordinance is where you were changing your meeting dates and tonight wasn’t one of them. I wasn’t sure.

Mr. Greenbaum: We’re not here tonight. At least I’m not, right Ned? I wasn’t here from the beginning.

Mr. McDonnell: …left the building…

Mrs. Labow: Somebody else was ranting and raving before.

Mr. Russell: In that that this is a certification on the part of Lisa, I suspect a correction would be in next week’s paper.

Mrs. Masser: I’m assuming so, yes.

Mr. Russell: Excuse me?

Mrs. Masser: I’m speaking for Lisa. I’m assuming, yes, the correction will be in the paper. Are you saying for the, it was already published for February 12th and then we cancelled the meeting because of the weather.

Mr. Russell: Right, right.

Mrs. Masser: So now, yes. Everything is going to be republished.

Mr. Russell: We have to say it was done on the 19th instead.

Mrs. Masser: Yes.

Mr. Russell: Or get a correction perhaps, which would be smaller and less costly.

Mr. Greenbaum: How did Lisa know that it was going to pass even if we had the meeting?

Mr. McDonnell: It was rubber stamped.

President Perkins: We didn’t have that stamp. We just paid for that.

Mrs. Masser: We have deadlines we have to meet with the paper, so we put it in.

Mr. Russell: You cheat.

Mrs. Masser: We cheat.

Mr. Russell: I recognize that. This is a certification that you would want to un-certify.

Mrs. Masser: We will take care of it.

Mr. Greenbaum: You should save that for deposition purposes.

President Perkins: Let’s see, anybody else? Ned.

Ned McDonnell, Budd Lake: Last week in the Chronicle there was an article concerning the Veterans Memorial which sort of put Mount Olive in a bad light again. It left the impression that things aren’t all what Mr. McDonnell (Cont’d): they should be for whatever reason. Comments from some Council members had one side of it. They Mayor had another side and then there were secondhand comments from a member from the Memorial Committee. I hate to see something as nice as the Veterans Memorial get stigmatized by innuendo and just concerns about what’s really going on with who is paying what, what is it costing the Township. I would like to see the Council, the Administration and whoever is on the civilian members of the Memorial Committee really get together and speak with one voice as to what is really going on with funding, and plans with this program because the paper is just going to run with this if it doesn’t get solved. Once there are hidden terms or unknown terms, it just can lead into more bad publicity for Mount Olive. I’m not saying there is something wrong, but the newspaper is being what they are, and they want to sell papers. It would certainly be nice if we could all get together and work out once voice to speak about the Memorial. Thank you.

President Perkins: Thank you.

Mr. Russell: I think the Mayor’s letter did that.

Mayor Scapicchio: That’s what I tried to do.

President Perkins: Any other comments from the public? We are going to be moving into executive session and once we come back…

Mr. Rattner: Closing Council comments.

President Perkins: Wait a minute…

Mr. Rattner: You just said that we were going into closed session.

President Perkins: I was. So, then there will be no more business conducted after that. Mr. Rattner obviously has closing comments so we’ll go into Council comments. Mr. Mayor first, do you have any comments for this evening?

COUNCIL COMMENTS

Mayor Scapicchio: Just that the Administration is putting on a presentation on Wednesday, March 5th over at the Library about the 2008 budget. I’ll be there, Bill will be there, Sherry and Jack Marchione and hopefully the press prints that and we try to get some public turnout. The title is “How Are Your Taxes Spent?” That’s it.

President Perkins: Thank you, Mr. Greenbaum.

Mr. Greenbaum: Yes, I do have comments this evening. First, I’d like to apologize to everybody for losing my temper. I have to tell you I was sitting here thinking about how I could help those people with their issue, and then all of a sudden I felt that certain comments made by one particular individual were inappropriate in terms of the way this Council has dealt with issues throughout the Town. It pains me when someone stands up here and says that we don’t care for one particular part of the Town, because that’s just simply not true. We struggle and struggle. The most important issue to those people down there was Mine Hill Road because it was a complete disaster. We struggled and we attending meetings in Washington Township for months and months and months trying to find a way to fix that problem, which was the most important issue. You know what? We deal with all portions of the Town and with all residents of the Town in the best way that we can. We don’t ignore anybody and I just thought it was inappropriate. Maybe as Ned said, I should have a thicker skin sitting up here I’ve been doing it long enough, but sometimes once people say stuff it just sticks in your craw and you need to respond appropriately and maybe I didn’t respond with the tone and tenor that I should have, but I had a message that I just had to say, and I said it.

President Perkins: Thank you. Mr. Roman?

Mr. Roman: Yes, on the Veterans Memorial, I’m satisfied that the Mayor has looked at the financials of it. If he’s satisfied that everything is so far above board then I am satisfied. On the issue with Washington Township, I just want to make sure that Administration is going to start contacting CMX to review the plans to see if there is anything that we can do about it if it’s affecting our residents. So I’d like to see that at least be spoken about or at least addressed because I attended that meeting and yes, there was some misinformation being said, but I feel for them. I don’t know how I would react if that was going into my neighborhood. I’d like to think that my comments would be muted and not like some other comments that were made by those residents, but I feel for them. I can understand how they feel like they are being dumped on. You have, you know, Target and now the Hyundai dealership so I want to make sure that we as a Township, and as a governing body, at least are making the necessary steps to make sure that we do everything we can to alleviate Mr. Roman (Cont’d): them in some manner. That’s it.

President Perkins: Thank you, Mrs. Labow?

Mrs. Labow: I just want to thank the Township overall, our entire community and surrounding communities. We had the Pajama Drive for the Pajama Program last week. February 14th was to be our final day but we had some groups contact us and ask to hold out for another week. We did set a goal of 2,148 new pajamas for needy children and to date at this point as of this morning we collected a little over 1,100 pajamas. The pajama program people told us that was the most they have ever had coming in from any community. So Mount Olive again has really worked together as one and did a wonderful job to help children in need and it’s really an honor to be a member of this community.

President Perkins: Thank you, Mrs. Labow. Mr. Tobey, no, go ahead Mr. Rattner.

Mr. Rattner: Yes, two things. One, we went over pretty quickly over the Water and the Sewer Analysis and the revised rates, and I suspect that’s because it was a complete job. I just want to say that the CFO and Rose kept answering my questions about a lot of statistical data to make sure what we were doing, and we could accomplish what we were doing. Every time I threw something at them they got it right away, and that was really the basis for coming up with the way we developed the rates. Also, Lisa learned a new word because one of the things when I wrote one of my memos she questioned me, did I know what the word meant? I had to give her the definition out of the on-line dictionary.

Mr. Greenbaum: That’s gotten you in trouble in the past.

Mr. Rattner: Well, it will get me in trouble in the future. The second thing is Washington Township. We have an issue. I’ll term it as a family squabble, but we have a major issue. About five years ago Washington Township was fighting a development in the valley. They made a conscious decision and they made a deal with the developer, I think it was Claremont at the time, and basically they traded zoning in the valley to anything goes at the bottom of the hill. That was about five years ago. That’s why we have a big box down there. That’s why we have the storage and some of the other things. We all understand with color because we’re wrestling with the same thing, and we have that, what I call the monstrosity on the hill which gets me in trouble too, because that was the builder’s remedy because we couldn’t find any places to put stuff. That let the builder overbuild through a lawsuit. The thing that really is upsetting the most is that thirty years ago, the State decided that Route 57, the traffic on Route 46, Route 57 in Hackettstown had to be addressed thirty years ago. When Peach Tree was built in Washington Township, the County of Morris required that they dedicate a 66 foot right of way through the back so that the Route 57 extension I guess you’d call it, would solve the traffic problems in Hackettstown, and 46 could be solved. It took almost thirty years. Two years ago the State came up with the funding of about $4.3, $4.4 million. Mount Olive gave its approval, you know, concurred. Hackettstown, Mansfield, the County of Warren, the County of Morris. Washington Township, the DOT is looking for ways to get out of making road improvements. One of the ways that they do is that they have a procedure that you have to have unanimous consent from all of the communities that are directly involved. Washington Township did not. They objected saying that that road was needed because of the development of the surrounding towns and that it wasn’t their problem. Of course they have Hastings Square, they have Peach Tree, and they have the other development. They’re developing the bottom and so that wasn’t built, and the State withdrew the money. We heard about the traffic problems down there. That would have solved the problem. What they would have done was take Route 57, you know, where that fried chicken place is, it would go right through there and right behind them is the right of way and it would come out just east of where the old A&P was. That’s where the right of way is, and it would have been new interchanges. It would have solved the problems. So Washington Township is putting everything down there and yet they did not consent. In fact, they vetoed the traffic plan that the State was going to fund. I think when we talk when the Mayor goes there, and we talk to them those are some of the things that we have to look at. They’re putting everything they can down there to protect the center of their Town, which we understand what they’re doing, but the fact that they objected and vetoed the traffic, which is affecting more of our residents than their residents. The only thing they like 46 for is 300 roads and it’s probably 80% of their traffic revenue. You know, with the radar that they have going down. So I think that we have to start developing a better relationship. I don’t think that we can get the money back to make those traffic improvements, but I think that would have gone a long way especially when one of the people that came tonight, that was his big concern, the traffic. Thank you.

President Perkins: Phil?

Mr. Tobey: No comments.

President Perkins: I just have one or two comments. First off on Mine Hill, just as a matter of clarification if anyone is interested, I recused myself because I have business dealings with Homeless Solutions as well as all President Perkins (Cont’d): of the other affordable housing units that the Governor has committed in his plan. It’s part of our business with the Energy Star for Homes Program. So therefore, I felt it in my best interest to recuse myself so that there was no look of the conflict of interest. I would like to, I’m not aware of what the article in the Chronicle said with regard to the All Veterans Memorial. What I can tell you is that I fully support the All Veterans Memorial. Whatever issues, I also don’t read NJ.Com or anyone’s blogs, I could really care less what they’re putting on there. Be that as it may with luck the Mayor, myself and the Business Administrator did have a meeting with Mrs. Uhrmann. We did look at some documents for their 501 (3c) and there is a game plan moving forward. The Mayor has a commitment and I support his commitment to have that Memorial built and completed by Memorial Day of this year. With that, I’ll take a motion, Mrs. Labow, to move into Executive Session.

Mrs. Labow: In accordance with Sections 7 & 8 of the Open Public Meeting Act, I move to go into executive session to discuss a personnel matter this evening.

Motion was made and seconded, all in favor and none opposed, the meeting was moved into executive session at 10:27 pm.

Executive Session – Negotiations & Personnel, Litigation & Negotiations (see letter from J. Dorsey, Esq.)

ADJOURNMENT

Motion was made and seconded, all in favor and none opposed, the meeting was adjourned at 10:33 pm.


_________________________________
Raymond T. Perkins, Council President


I, LISA 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 March 11, 2008.

______________________________________
Lisa Lashway, Township Clerk


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