COUNCIL PUBLIC MEETING MINUTES - FEBRUARY 26, 2008

The Regular Public Meeting of the Mount Olive Township Council was called to Order at 8:49 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, Mr. Tepper

Absent: None

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

Questions on Bill List?

President Perkins: Are there any questions on the Bill List?

Mr. Tepper: I have a question. I sent an e-mail in regarding the pressure washers, trying to understand how many we were purchasing, and why they were under categories rather than equipment.

President Perkins: Were you able to, did you get that?

Mrs. Jenkins: I’ll look that up for you.

President Perkins: Does anyone else, or anyone from the audience have any questions on the Bill List? Seeing none…

Mr. Dorsey: Did you read the Open Public Meetings Act?

Mrs. Lashway read the Open Public Meetings Act.

APPROVAL OF MINUTES OF PREVIOUS MEETINGS - None

CORRESPONDENCE

LETTERS FROM RESIDENTS/ORGANIZATIONS

1. E-mail received February 8, 2008, from Elizabeth A. Mastropasqua, Clerk of the Borough of Beachwood, regarding a resolution that opposes Governor Corzine’s proposal for a Toll Hike Increase for various roadways in the State of New Jersey.

2. Letter received February 8, 2008, from Scott Uhrmann regarding the Washington Township Board of Adjustment Homeless Solutions Variance Application.

3. E-mail received February 11, 2008, from Joseph Lazzarotti regarding his opposition to the construction of an apartment complex by Homeless Solutions, Inc., Block 8, Lot 2.02 (Drakestown Road, Washington Township.)

4. E-mail received February 11, 2008, from Kate Lazzarotti regarding her opposition to the construction of an apartment complex by Homeless Solutions, Inc., Block 8, Lot 2.02 (Drakestown Road, Washington Township.)

5. E-mail received February 11, 2008, from Michael and Sharon Held regarding their opposition to the construction of an apartment complex by Homeless Solutions, Inc., Block 8, Lot 2.02 (Drakestown Road, Washington Township.)

6. E-mail received February 11, 2008, from Kurt Schroeder regarding his opposition to the construction of an apartment complex by Homeless Solutions, Inc., Block 8, Lot 2.02 (Drakestown Road, Washington Township.)

7. E-mail received February 11, 2008, from Terri Mason regarding her opposition to the construction of an apartment complex by Homeless Solutions, Inc., Block 8, Lot 2.02 (Drakestown Road, Washington Township.)

8. E-mail received February 11, 2008, from Stacey Tashjian regarding her opposition to the construction of an apartment complex by Homeless Solutions, Inc., Block 8, Lot 2.02 (Drakestown Road, Washington Township.)

9. E-mail received February 11, 2008, from Noreen and Pete Debrot regarding their opposition to the construction of an apartment complex by Homeless Solutions, Inc., Block 8, Lot 2.02 (Drakestown Road, Washington Township.)

10. E-mail received February 11, 2008, from Peter and Jenna Crithary regarding their opposition to the construction of an apartment complex by Homeless Solutions, Inc., Block 8, Lot 2.02 (Drakestown Road, Washington Township.)

11. E-mail received February 11, 2008, from William Manos regarding his opposition to the construction of an apartment complex by Homeless Solutions, Inc., Block 8, Lot 2.02 (Drakestown Road, Washington Township.)

12. E-mail received February 11, 2008, from Melissa Lynch regarding her opposition to the construction of an apartment complex by Homeless Solutions, Inc., Block 8, Lot 2.02 (Drakestown Road, Washington Township.)

13. Brochure received February 11, 2008, from the New Jersey Conservation Foundation regarding the 12th Annual Land Conservation Rally.

14. E-mail received February 12, 2008, from George A. Young Jr. regarding his opposition to the construction of an apartment complex by Homeless Solutions, Inc., Block 8, Lot 2.02 (Drakestown Road, Washington Township.)

15. E-mail received February 12, 2008, from Darlene Maurer. regarding her opposition to the construction of an apartment complex by Homeless Solutions, Inc., Block 8, Lot 2.02 (Drakestown Road, Washington Township.)

16. E-mail received February 12, 2008, from Gretchen Smith regarding a letter on the All Veterans Memorial sent by Charlie Uhrmann to Business Administrator Bill Sohl.

17. E-mail received February 15, 2008, from Lisa S. Wagner regarding her opposition to the construction of an apartment complex by Homeless Solutions, Inc., Block 8, Lot 2.02 (Drakestown Road, Washington Township.)

18. E-mail received February 18, 2008, from Amaurys and Nelly Roque regarding their opposition to the construction of an apartment complex by Homeless Solutions, Inc., Block 8, Lot 2.02 (Drakestown Road, Washington Township.)

19. E-mail received February 18, 2008, from Matthew and Shelly Boylan regarding their opposition to the construction of an apartment complex by Homeless Solutions, Inc., Block 8, Lot 2.02 (Drakestown Road, Washington Township.)

DOT / DEP / LOI / HIGHLANDS

20. Letter received February 11, 2008, from the State of New Jersey Department of Environmental Protection, Natural and Historic Resources, Office of Engineering & Construction regarding the Mine Hill Reservoir Dam Emergency Action Plan (EAP).

21. Letter received February 11, 2008, from the State of New Jersey Department of Environmental Protection, Natural and Historic Resources, Office of Engineering & Construction regarding the Mine Hill Reservoir Dam Regular Inspection Report (IR) and Compliance Schedule (CS).

22. Letter received February 11, 2008, from Day Pitney, LLP regarding Marveland Farms Re-Zoning Block 6000 Lots 5 and 6 Clover Hill Treatment Plant Study (Pleasant Hill Road).

23. Letter received February 13, 2008, from the New Jersey Motor Vehicle Commission regarding a Petition for Certificate of Public Convenience and Necessity for the Conduct of Regular Route Operations by Sinai Transportation, LLC.

24. Letter received February 19, 2008, from the State of New Jersey Department of Environmental Protection, Northern Bureau of Field Operations, regarding a 550-gallon No. 2 Fuel Oil Underground Storage Tank (UST) for Block 3606 Lot 4 (5 Summit Ave).

MORRIS COUNTY

25. Letter received February 13, 2008, from the Morris County Board of Chosen Freeholders regarding the Morris County District Solid Waste Management Plan Amendment dates January 2008 entitled, “Contract for the Combined Operation of the Two Transfer Stations, Transportation of Solid Waste to Final Disposal Facilities Via Over-The-Road Transfer Trailers, and Disposal of Solid Waste from the MCMUA’s Two Transfer Stations for a Period of Five (5) Years.”

26. Notification received February 15, 2008, from the Morris County Board of Taxation regarding a hearing to be held March 3 at which time assessors and representatives of the governing bodies may appear and be heard in regard to the ratio and valuations fixed for their own or any other taxing district.

27. Letter received February 15, 2008, from Morris County Community Development regarding Firehouse Rehab.

UTILITIES

28. Letter received February 21, 2008, from Comcast regarding Channel Changes.

LEAGUE OF MUNICIPALITIES

29. Letter received February 15, 2008, from the New Jersey State League of Municipalities regarding a COAH Regional Meeting.

30. Letter received February 19, 2008, from the New Jersey State League of Municipalities regarding the League Seminar “Labor Relations for Administrators, Counsel and Council Members.”

31. Letter received February 19, 2008, from the New Jersey State League of Municipalities regarding the League Seminar “Come Take a Chance - Licensing.”

LETTERS FROM LEGISLATIVE REPRESENTATIVES

32. E-mail received February 8, 2008, from Congressman Rodney Frelinghuysen regarding Congress clears Temporary Growth Package, Making College Accessible and Affordable, Frelinghuysen Acts to Protect Social Security Numbers, Do Not Call List is Permanent, U.S. Commerce Secretary Coming to New Jersey, Frustrated by Aircraft Noise? Take Action!, and Spread the E-News!

33. E-mail received February 15, 2008, from Congressman Rodney Frelinghuysen regarding the protect America Act will lapse, President signs economic growth package in law, U.S. Commerce Secretary coming to New Jersey, Aircraft noise back in the headlines, and Spread the e-News!

President Perkins: We have thirty-three pieces of Correspondence. Is there any piece of Correspondence that anybody wants to address? None, that moves us on to Ordinances for Public Hearing. We have none.

ORDINANCES FOR PUBLIC HEARING - None

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

President Perkins: The next item on the Agenda for First Reading is entitled:

Ord. #11-2008 An Ordinance to Amend and Supplement the Provisions of the Township of Mount Olive’s Code Addressing Off Street Parking and Loading. (Public Hearing date is 3/25/08)

President Perkins: Mr. Tepper, can you introduce, please?

Mr. Tepper: Yes, Mr. President, I move that Ord. #11-2008 be introduced by title and passed on first reading and that a meeting be held on March 25th, 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? Seeing none, Roll Call.

ROLL CALL – Passed Unanimously

President Perkins: The next item on the Agenda for First Reading is entitled:

Ord. #12-2008 Ordinance Amending Ordinance Numbered 16-2007 of the Township of Mount Olive, in the County of Morris, New Jersey Finally Adopted April 10, 2007 in its Entirety in Order to Amend the Sources of Funding for the Acquisition of Property.

President Perkins: Mr. Roman?

Mr. Roman: Thank you, Mr. President, I move that Ord. #12-2008 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: Any Council discussion? Roll Call please.

ROLL CALL – Passed Unanimously

President Perkins: The next item on the Agenda for First Reading is entitled:

Ord. #13-2008 An Ordinance of the Township Council of the Township of Mount Olive to Amend and Supplement Article II 400-6 “Definitions” and Article V “Design Guidelines and Technical Standards” of Section 400-34 Entitled “Apartments and Townhouses” of the Code of the Township of Mount Olive Pursuant to N.J.S.A. 13:1E-99.13A Regarding Recycling in MultiFamily Housing.

President Perkins: Mrs. Labow, would you move that please?

Mrs. Labow: Yes, thank you, Mr. President, I move that Ord. #13-2008 be introduced by title and passed on first reading and that a meeting be held on March 25th, 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: You just need to correct that the Public Hearing is March 11th, Mrs. Labow.

Mrs. Labow: What did I say?

President Perkins: The 25th

Mrs. Labow: Oh, I was looking at the other one. I’m sorry. I’d like to make a correction to March 11th, 2008.

President Perkins: Do I have a second?

Mr. Tobey: Second.

President Perkins: Any Council discussion? Roll Call.

ROLL CALL – Passed Unanimously

President Perkins: The next item on the Agenda for First Reading is entitled:

Ord. #14 – 2008 An Ordinance of the Township of Mount Olive to Amend and Supplement Various Portions of the Mount Olive Township Code Dealing with Solid Waste and Recycling.

Mr. Rattner: Thank you, Mr. President, I move that Ord. #14-2008 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: Any Council discussion? Mr. Rattner?

Mr. Rattner: Mr. Dorsey, if we just make a small change when we have the public hearing about the ability to place newspapers and magazines in paper bags, that’s got to be a de minimis change, right? It’s just adding a very small…

Mr. Dorsey: Well why don’t you add it in right now?

Mr. Rattner: We can add it in?

Mr. Dorsey: Add it in right now so that when it’s published you can have…

Mr. Rattner: Has this already been sent?

Mrs. Lashway: It’s already been sent for publication.

Mr. Rattner: That’s why I asked could we do it? It’s already been sent for publication.

Mr. Dorsey: For you, yes.

Mrs. Labow: Oh, how about that.

Mr. Rattner: I asked for a legal opinion, not a favor.

Mr. Tepper: Same difference.

President Perkins: You got a little of both.

Mr. Greenbaum: That’s like the genie coming out of the bottle and giving you three wishes. You just used one of them on garbage.

President Perkins: Is that a motion to amend?

Mr. Dorsey: A, make a motion to clarify it as you wish the ordinance to be clarified. Lisa’s got better legal opinions than I do.

Mr. Rattner: Okay, I’d like to do a clarification that newspapers and magazines can be placed at curbside in brown paper bags.

Mr. Dorsey: Okay, we’re going to asterisk that in the code and put that in as a footnote. How’s that?

Mr. Tepper: Does it have to be a brown paper bag?

Mrs. Labow: Because it can be either or.

Mr. Dorsey: Yes, because we don’t want to pay to republish the whole ordinance.

Mr. Tepper: It can’t be a white bag?

Mr. Rattner: White or corrugated?

Mr. Tepper: Never mind.

President Perkins: Any other Council comments on the footnotes?

Mrs. Labow: It has to be a paper bag. It can’t be a plastic bag.

Mr. Tepper: Why, they’re recyclable?

Mrs. Labow: Plastic bags? No.

Mr. Greenbaum: Can it be made of phosphorus?

President Perkins: Colleen, Mrs. Labow, did you second the clarification?

Mrs. Labow: Yes, I did. Second.

President Perkins: Any other Council discussion?

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

President Perkins: The next item on the Agenda for First Reading is entitled:

Ord. #15-2008 An Ordinance of the Township of Mount Olive to be Known as the Construction, Renovation and Demolition Debris Recovery Plan Ordinance.

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

Mr. Tobey: Yes, I move that Ord. #15-2008 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.

President Perkins: Do I have a second?

Mr. Roman: Second.

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

ROLL CALL – Passed Unanimously

President Perkins: The next item on the Agenda for First Reading is entitled:

Ord. #16-2008 An Ordinance of the Township of Mount Olive Authorizing the Sale of a Tract of Land Commonly Referred to as Charters Farm, Lot 1 Block 900 and Lots 3 and 4 Block 8300 on the Mount Olive Township Tax Assessment Map in Conjunction with the County of Morris as Well as the Conveyance of all Non-Agricultural Development Rights to the County of Morris and the Conveyance of a Twenty Foot Wide Trail Easement, a/k/a Patriots Path to the County of Morris for Park Purposes. *added (Public Hearing March 25, 2008)

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

Mr. Tepper: Yes, Mr. President, I move that Ord. #16-2008 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: Any Council discussion?

Mr. Dorsey: Just so everyone understands what this is about. Seven years ago the Township, in cooperation with the County, purchased Charter’s Farm from the Charters family. It was bought always with the assumption that the property would be resold after the bundle of property rights that are involved with this farm were stripped of all development rights. What this ordinance does, it provides for the Township to coordinate, cooperate with the County. They’re the lead agency for the sale of the land stripped of its development rights. It authorizes the Township to convey to the County, as the holder, of the development rights. It also provides for the conveyance of a 20 foot walking path which is commonly known, referred to as Patriot’s Path. So it does three things.

President Perkins: Any other Council comments or questions? Roll Call please.

ROLL CALL – Passed Unanimously

CONSENT RESOLUTIONS AGENDA:

Resolutions on the Consent Agenda List are considered to be routine and non-controversial by the Township Council and will be approved by one motion (one vote). There will be no separate discussion or debate on each of these resolutions except for the possibility of brief clarifying statements that may be offered. If one or more Council member requests, any individual resolution on the Consent Agenda may be removed from the Consent Agenda List and acted on separately.

CONSENT RESOLUTIONS

1. Resolution of the Township Council of the Township of Mount Olive Authorizing a Reduction in Performance Guarantees in Connection with Rezamir Estates.

2. Resolution of the Township Council of the Township of Mount Olive Awarding a Contract to Allied Biological, Inc. for Budd Lake Herbicide-Based Weed Control Program.

3. Resolution of the Township Council of the Township of Mount Olive Awarding a Contract to Seagrave Sales & Service for 1500 GPM CAFS Pumper for Budd Lake Fire Department.

4. Resolution of the Township Council of the Township of Mount Olive Approving Change Order #1 Lowering Total Contracted Services Costs for Top Line Construction for Re-surfacing of Naughright Road.

President Perkins: Does anyone request that any of those four to be moved to Non Consent? Seeing none, I’ll ask Councilman Greenbaum to introduce those.

Mr. Greenbaum: Move one through four.

Mrs. Labow: Second.

PUBLIC PORTION ON CONSENT RESOLUTIONS – none

COUNCIL COMMENTS ON CONSENT RESOLUTIONS – none

ROLL CALL – Passed Unanimously

RESOLUTIONS NON CONSENT – none

PUBLIC PORTION ON INDIVIDUAL RESOLUTIONS –none

COUNCIL COMMENTS ON INDIVIDUAL RESOLUTIONS – none

MOTIONS

President Perkins: That takes us to Motions. Mr. Tepper?

1. Appointment to Ethics Board

Mr. Tepper: I believe this is the appointment of Mr. Bob Correale to the Ethic’s Board?

Mrs. Lashway: To Scott Ireland’s unexpired term.

Mrs. Labow: Second.

Mr. Tepper: I will move that. Thank you.

Mrs. Labow: Second.

President Perkins: Can I have a Roll Call, please?

ROLL CALL – Passed Unanimously

President Perkins: Mr. Roman, can you move the Bill List please?

2. Bill List

Mr. Roman: I make a motion that we move the Bill List as printed.

Mr. Rattner: Second.

President Perkins: Sherry, do you have an answer to Mr. Tepper’s question?

Mr. Tepper: My question was answered. Thank you.

Mrs. Jenkins: You’re welcome.

President Perkins: Roll Call please.

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

ADMINISTRATIVE MATTERS

Mr. Sohl: Two things, Sherry, do you want to go first?

Ms. Jenkins: We have an upcoming closing for Blue Atlas that is going to occur before the next Bill List. The payment is going to be about $1.9 million. As you know we are getting money from the State and money from the County. Kathy has asked me if we can basically, we need to cut the check before the next Bill List, and we want to make sure that everybody is okay with that.

President Perkins: Let’s see a show of hands of everybody in favor of getting that out. We’re obviously reimbursed for all of that coming back from, I guess from Green Acres.

Mr. Tepper: Do we need to do this as a resolution?

Mrs. Lashway: Make a motion. Somebody should make a motion.

President Perkins: Somebody make a motion?

Mr. Tepper: I move that we approve the Bill as presented by the CFO for purchase of the property.

Mrs. Labow: Second.

President Perkins: Roll Call please.

ROLL CALL – Passed Unanimously

Ms. Jenkins: Thanks Kathy. Thanks, you too.

Mr. Rattner: That’s only $1.8 million.

President Perkins: That’s just a drop in the bucket.

Mr. Tepper: Thank you.

Mr. Sohl: Just a minor update. As you’ve probably heard if you’ve listened to any radio there have been a member of Schools in the immediate area, including Mount Olive, identified as possibly having tainted beef. It was inspected by our Health Department today, and none of it is present within the inventory of the Schools.

Mrs. Labow: That’s not actually true.

Mr. Tepper: Which means that they ate it already?

Mr. Sohl: No, probably not.

Mrs. Labow: That’s inaccurate.

Mr. Sohl: That’s what Frank Wilpert told me this morning.

Mrs. Labow: He said that there was one box found but it was destroyed.

Mr. Sohl: Oh, so it’s not there.

Mrs. Labow: Yes, so now it’s not there. The other key thing to bring up, it’s not that the meat was tainted. What happened was when they took the cows to slaughter, this was back in 2006…

Mr. Sohl: They were not inspected. It had problems.

Mrs. Labow: They don’t know if they were inspected or not because it wasn’t signed off on, but as a precaution, I remember this happened in 2006. So it wasn’t like it was diseased or tainted meat, it was just that the paper work was not followed through. They’d rather be cautious and remove it all. We also have two other Towns and those Towns are inspected and everything has been rectified.

Mr. Greenbaum: My son was home with a stomach virus today. I wonder about that.

Mrs. Labow: Did he eat meat two years ago? It took that long?

Mr. Rattner: It was delivered recently.

President Perkins: Is that it, Mr. Sohl?

Mr. Sohl: That’s it.

President Perkins: Any Old Business?

OLD BUSINESS

Mr. Tobey: Yes, I just want to for the record, with regards to the Homeless Solutions matter, we received a report from CMX which we will forward to our attorney and get some advice and go from there. Just for the record as a follow up.

Mr. Dorsey: You want to know the notice, you want to take a minute on that. I read that and Mr. Roberts…

President Perkins: Should I be recusing myself from this discussion?

Mr. Dorsey: No, sit where you are. Mr. Roberts raises a very interesting question. Apparently, this is an application that has already been submitted to the Planning Board for site plan. It apparently does not comply with a series of requirements in that zone, but they submitted it as a site plan application as if they are so called both type variances that the Planning Board can give, can grant. The question, and I have to do some research on this, the question is whether it can be decided on that basis or has to be decided, it has to be determined and Mr. Dorsey (Cont’d): it now becomes a use variance application because it doesn’t comply with the conditions. Mr. Roberts raises the same issue I raised, and he comments upon it because apparently the one side of it, Drakestown Road, is now being developed in a zone in a manner that may be inconsistent with the zoning on Mount Olive’s side of that road. Mount Olive is purely one acre residential and apparently they have a whole series. They seem to be a little frightened by the fact that Washington Township has received COAH approval and COAH apparently endorses their plan. I’m going to find out, I need to do a little research because I believe at the moment, subject to research, that the application that is pending cannot be treated as apparently they desire to treat it. It should be treated as a use variance which would put it, if granted, would put it into a condition where it could be fairly easily thrown out. I’ve got to check one thing on that, and then he’s got to give a planning opinion whether or not the zoning on one side is so different from the zoning on the other side of Drakestown Road, that they should be brought into consistency with each other. Of course that means a lawsuit, in terms of what Washington Township’s done.

Mr. Tepper: John, would we have to make this motion or go to court to have this moved to the Board of Adjustment before they make a decision at the Planning Board level?

Mr. Dorsey: Well, I don’t think it makes much difference whether you do it before or you do it after, because if they proceed as I think they are proceeding, the Planning Board will have had no jurisdiction to have granted the variances. In other words, they’ve applied for C type variances…

Mr. Tepper: Hold on a minute. Thanks, I apologize…

Mr. Dorsey: Alright, we can go on.

Mayor Scapicchio: John?

Mr. Dorsey: What?

Mayor Scapicchio: Just to follow up on that, John, Phil and I are going to the meeting in Washington Township on the 10th, the Planning Board meeting.

Mr. Dorsey: March 10th?

Mayor Scapicchio: The 10th of March. Right, Phil?

Mr. Tobey: Yes.

Mr. Sohl: Yes.

Mayor Scapicchio: Is it possible for you to have something for us?

Mr. Dorsey: Yes…

Mayor Scapicchio: The second follow up question to that is should we raise that issue at that meeting, or should we let them proceed?

Mr. Dorsey: I will tell you exactly what to do by the 10th, but did you get a copy, Administrator, of the actual application that’s been filed?

Mrs. Labow: Yes.

Mr. Sohl: We have the maps.

Mr. Dorsey: No, the application, the physical application?

Mayor Scapicchio: No.

Mr. Dorsey: Well, we should get a copy of that.

Mrs. Labow: I thought we did have a copy of that?

Mr. Tobey: I thought that was secured.

Mrs. Lashway: That’s what Bill got…

Mr. Tepper: They reviewed it.

Mr. Tobey: That’s one of the items that we requested.

Mr. Tepper: I believe Mr. Roberts said that he reviewed the application but it did not include a copy of the form.

Mr. Sohl: Lisa’s getting it.

Mr. Dorsey: Somebody should call him and ask him if he can give us a copy of the application, because then we’d know for sure how they’re dealing with these issues. I mean, Roberts lays out the issue. I’ve just got to find the legal answer which I will before the 10th, Mayor.

Mayor Scapicchio: Thank you.

Mr. Dorsey: I may go down and cause trouble. I like that.

Mrs. Labow: Do we have to pay you or is that a freebie?

Mr. Dorsey: Oh, that’s a freebie.

President Perkins: That’s free, oh.

Mayor Scapicchio: Thank you, John.

Mr. Greenbaum: There’s the second wish out of the genie bottle.

Mrs. Labow: We’re running out of them fast there.

Mr. Greenbaum: One wish left.

Mrs. Labow: One wish left.

Mr. Greenbaum: I wish for…

Mr. Tepper: Ten more wishes.

President Perkins: Ten more wishes. Any other Old Business to bring up? Any New Business?

NEW BUSINESS – none

LEGAL MATTERS

President Perkins: One legal matter for Mr. Dorsey.

Mr. Dorsey: At last week’s meeting, up for public hearing was Ord. #5-2008 and Mr. Rattner immediately drew attention to it. The final decision, with my recommendation, was to hold it for further hearings. I must confess that I had not seen that ordinance before that night, and I then realized why. I had not drawn that ordinance. I assumed that Sherry had called the Bond Counsel and asked him to draw that particular ordinance. If Sherry asked me to do it, she never likes to impose upon me, if she asked me to do it I would have done it for free, but it’s not a bond ordinance because it does not authorize bonds. It’s what we would call a capital ordinance. As the Mayor called me this afternoon and correctly pointed out that what is set forth in Section 1 of the ordinance would require the Township to come up with half of the proceeds for the purchase of the Boathouse. I’m going to say roughly $50,000 out of the Township’s Open Space Trust Fund, and roughly $75,000… I don’t have the numbers right, out of some fund that has been created for monies derived by the Township for the sale of lands. I’m going to redraw the ordinance because it has been the Mayor’s vision, and we have said this two or three times, the Mayor wants all of that money to come from two sources. One, the County Trust Fund which they did indeed approve that according to Steve Rattner some months ago, although I don’t know that they approved a specific dollar amount, and the balance to come from Green Acres with the specification from the Mayor’s standpoint that we would not be using Township funds. The sale would not go through until those funds are received. So, I think at the next meeting you want to kill Ordinance #5-2008 and by that time I’ll have an ordinance that reflects the Mayor’s thinking, his vision, in connection with this ordinance for you.

Mr. Greenbaum: I love that vision.

President Perkins: By that time will we have the answer?

Mr. Dorsey: When you’re moving up and going to become Commissioner of D.C.A. you begin to use words like that.

President Perkins: Will we have the determination from Green Acres about the razing of the building by that time?

Mr. Dorsey: Yes, I’m going to get an answer on that too.

President Perkins: Anything else Mr. Dorsey?

Mr. Dorsey: Hey Bill, do you know whether they ever sent the appraisals down to Lisa Stern?

Mr. Sohl: Oh yes, absolutely.

Mr. Dorsey: Alright, you haven’t gotten anything back from Lisa Stern?

Mr. Sohl: No.

Mr. Dorsey: Because they hadn’t been sent down a month ago.

Mr. Sohl: Kathy, the word we’ve got through Land Conservancy and Green Acres is that it’s probably going to take them a couple of months, right?

Mr. Dorsey: Okay, the ordinance will be drawn as the Mayor’s vision has…

Mr. Sohl: We have e-mail confirmation from the State, from the County as to their continuing contribution.

Mr. Dorsey: No, that happened a month or two ago. I remember reading where they had approved that. Not the dollar amount but the concept.

Mr. Sohl: No, they have the dollar amount from the County.

Mr. Dorsey: Well good, send it down to me.

President Perkins: Alright, thank you, Mr. Dorsey.

COUNCIL REPORTS

Recreation Liaison Report

Mr. Roman: Nothing to report.

Board of Health Report

Mrs. Labow: Well, I gave part of it before. I was going to discuss about the meat issue and otherwise, the meeting went smooth. We are talking about that we’re going to be doing some research in terms of having an ordinance where landscapers throughout the Township would have to actually register with the Township, which would not take effect until next year. We don’t have that now. We’re talking about when we, Joanne Lepre had made a list of all of the landscapers that do business within the Township… No?

Mrs. Lashway: No, according to Frank Wilpert, because a resident had called to find out how does a landscaper know about the phosphorus ordinance, and Frank Wilpert pointed to the section of the ordinance that they are required to annually get a license from the Board of Health. And at that time, which I believe is in March, is when the Board of Health is going to disseminate the information to the landscapers.

Mrs. Labow: They’re going to disseminate the information, but they also talked about having some type of certification, registration that we don’t have now. They have to register, but…

Mr. Tepper: It’s part of their business license.

Mr. Rattner: And tell what kind of chemicals they’re using so then they would know because we wouldn’t approve it if they had bad chemicals.

Mrs. Labow: Right, but Frank was talking about that we’re going to look into what other Townships do in addition to what we do, and that’s going to be for next year.

Mrs. Lashway: Okay, maybe it’s something that’s in addition but currently, because that question was asked, and currently the landscapers who do business in Town are required to register with the Township. That’s what Frank Wilpert told me.

Mrs. Labow: Yes, that’s not consistent with what we talked about Wednesday night but I’ll double check with him and get back to you at the next meeting. They are going through and making a list of all of the landscapers that are in the phonebook and sending out notices, because of course, and the reason why she did that is because we don’t know all of the landscapers that do business in the Township. I don’t know if it’s on a larger scale. I’ll get clarification on that.

President Perkins: Okay, thank you.

Planning Board Report

Mr. Tepper: I did not attend the meeting. I spoke with Chairman Fleischner and will provide an update next meeting unless the Mayor would like to provide any insight into it.

Mayor Scapicchio: What issue was that, Russ?

Mr. Tepper: On the Planning Board since I did not attend. I told Joe I’d meet with him to review it but you were there, so if there’s anything you want to bring up.

Mayor Scapicchio: We approved the site plan application for Valley National Bank. They are going to build a new facility in an area of the parking lot of Lowe’s. We also began to consider a site plan application, I don’t know the name of the property, but it’s the triangle at the top of Route 46, across from the A&P, that sharp right hand turn there.

Mr. Greenbaum: Sandshore?

Mr. Tepper: Right, where the house is being…

Mayor Scapicchio: With houses, you know, houses that are in poor shape.

Mr. Tepper: It’s where Sandshore hits Naughright.

Mr. Greenbaum: Right near Commerce Bank?

Mayor Scapicchio: Right.

Mr. Tepper: That little corner where the house is.

Mayor Scapicchio: There’s a planned proposed commercial building for that site which will improve site distance and tear down the existing structures. That was it.

Mr. Tepper: Thank you.

President Perkins: Thank you, Mr. Mayor.

Board of Adjustment Liaison Report

Mr. Roman: The only thing of note to report was that the Meineke Car Care addition to the carwash has been moved to another meeting. That’s it.

President Perkins: Did you not want to make a special note about someone restraining themselves for three hours without…

Mr. Roman: Oh yes, a Councilman that should not be named was also present. He was there for three hours Mr. Roman (Cont’d): and much to the delight of the audience did not say a single word.

President Perkins: Thank you, Mr. Roman.

Open Space Committee Report

Mrs. Labow: I gave the report last week.

Mr. Tepper: Steve was there?

Legislative Committee Report

Mr. Rattner: I’ll tell you that was the toughest three hours I’ve had in a long time. Nothing to report.

Pride Committee Liaison Report

Mrs. Labow: Pride meets tomorrow night. We’re actually going to meet with the Mayor prior to the meeting to see what direction he wants Pride to go in and I’ll report on that at our next meeting on March 11th.

President Perkins: When you get a chance, Mrs. Labow, would you also touch base with the Business Administrator to see what the status is on that billboard.

Mrs. Labow: Actually, Liz Ouimet who is the Chair of the Pride Committee sent an e-mail to Mr. Sohl yesterday. I sent him an e-mail last week and he said he is going to follow up. She sent the e-mail yesterday with the questions we’re going to have to work with tomorrow, and that was one of the questions. Hopefully we’ll have everything ready for tomorrow night.

President Perkins: Yes, because the snowman is going to get a little testy here pretty soon and then I’d like to see revenue coming in instead of a flower.

Mrs. Labow: Yes.

President Perkins: Okay, thank you, Mrs. Labow.

Board of Education Liaison Report

Mr. Tobey: I fully covered that earlier.

Mr. Greenbaum: Let’s do it again.

President Perkins: If that’s all you had to say then that’s fine.

Mr. Tobey: That’s all.

President Perkins: Thank you.

Lake/Environment Issues Committee

Mr. Rattner: No, we’re just going to go weeding.

Safety Committee Liaison

Mr. Greenbaum: Nothing until the end of March most likely.

President Perkins: Thank you.

Finance Committee Report

Mr. Rattner: Nothing to report.

Economic Development Committee Report

Mr. Rattner: The only thing that I can say is that obviously when we get a lead on a possibility of a company looking for space, that it traveled very quickly, got to the appropriate places, and the owner of the building has Mr. Rattner (Cont’d): been contacted. I can tell from the e-mails from our Economic Development Chairman that he is very grateful for us giving him the lead.

President Perkins: Thank you, Mr. Rattner.

Solid Waste Advisory Committee Report

Mrs. Labow: I gave the report last meeting.

President Perkins: Thank you.

Library Board Liaison

Mr. Tepper: Nothing to report.

PUBLIC PORTION

Nelson Russell, Budd Lake: Just one question on the Bill List. We’ve got a relatively sizable consulting fee from Advent Insurance Services. What are they consulting on and who are they?

Mr. Dorsey: Is that the risk manager?

Mr. Tepper: I don’t believe it’s necessarily consulting on those because I looked at it. If you look underneath where it says consulting it’s actually, I believe, the bill is for insurance and it specifies the type.

Mr. Dorsey: No, if it’s Advent Insurance they are the Township’s appointed Risk Manager. Risk Manager is a modern term for broker although there are no brokers. It is their obligation to essentially answer questions for people in the Township about the insurance coverage that the Township has to interface with the representatives of the Morris JIF to obtain insurance certificates for various activities for the Township, essentially to interface with the insurance company for the benefit of the Township.

Mr. Russell: Seems to be a lucrative business.

Mr. Dorsey: Maybe I should go in there, I don’t know.

Mr. Russell: Thank you.

Mr. Dorsey: Actually, I think that this particular Risk Manager took a cut. They usually pay 6% and it’s paid right out of your assessment, but he, I think the Mayor made him take a reduction in his percentage this year.

COUNCIL COMMENTS

President Perkins: No other Council comments? That’s good. We better take a motion to move into executive session. When we come back there will be no further discussions. We will just be adjourning. So, Mrs. Labow, would you move us 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…

Mr. Roman: Toll Brothers.

Mrs. Labow: Toll Brothers and Morris Chase.

Mr. Roman: And the Water Franchise.

Mrs. Labow: And the Water Franchise.

Mrs. Lashway: Foote Litigation, Combe Fill North EPA, and the Boat House negotiations.

Motion was made and seconded, all in favor and none opposed, the meeting was moved into executive session at 9:21 pm.

Executive Session: Toll Brothers – Morris Chase/Morris Hunt Water Franchise Negotiations – R. Perkins
Foote Litigation, Combe Fill North EPA & Boat House Negotiations – J. Dorsey

ADJOURNMENT

Motion was made and seconded, all in favor and none opposed, the meeting was adjourned at 10:30 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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