Township Council Public Meeting Minutes - January 8, 2008

The Reorganization Meeting of the Mount Olive Township Council was called to Order at 7:32 pm by Council President Greenbaum with the Pledge of Allegiance.

MOMENT OF REFLECTION in recognition of the men and women fighting terrorism and those who have lost their lives defending the freedom we all enjoy

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 of 2008 Council

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

Absent: None

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

Election of 2008 Council President

President Greenbaum: At this point in time I will open the floor for nominations for election of the Council President for year 2008. Mr. Tobey?

Mr. Tobey: I’d like to nominate Mr. Perkins.

Mrs. Labow: Second.

President Greenbaum: It’s been moved and seconded. Are there any other nominations? Roll Call please?

ROLL CALL: Passed Unanimously

President Greenbaum: Congratulations.

New Council President Takes Chair

President Perkins: If the audience and the Council will bear with me for one second…

Mrs. Labow: Very nice, Ray, thank you.

President Perkins: To all the Council members, I thank them very much for their support. As a token of my appreciation those are just business cards (holders) that happen to be in the shape of the Republican elephant. I thank you again for your support.

Mrs. Labow: Thank you.

Election of 2008 Council Vice-President

President Perkins: With that, I will open the floor for the election of the 2008 Council Vice-President. Do I have any motions?

Mr. Roman: I’d like to nominate Phil Tobey.

President Perkins: Do I have a second?

Mr. Rattner: Second.

President Perkins: Any other nominations? Seeing none, I close the nominations. Take the roll.

ROLL CALL: Passed with the exception Mr. Tepper and Mrs. Labow voted no.

New Council Vice-President Takes Chair

Mayor Scapicchio: Where are the presents, Phil?

Mr. Tobey: I gave them out already.

Invocation – Father Bob Mitchell

President Perkins: Thank you very much. With that, I’d like to ask that the invocation be performed by Father Bob Mitchell. Father Mitchell, would you please?

Father Bob Mitchell: Thank you. It’s always an honor to be here. You all look younger since I’ve seen you last so I wish you a good year. I’ll just read a little passage to you from a Letter to the Colossians. Put on then as God’s chosen ones, holy and beloved, heartfelt compassion, kindness, humility, gentleness, and patience. Bear with one another and forgive one another. If one has a grievance against another, as God forgives you so you also must do, and above all put on love that is the bond of profession. Let the peace of God control and reign in your hearts. We just pray that as this year begins that the new people who are installed tonight find and accept God’s graces. Those who have continued to help the community, may they use those graces to make better the lives of so many. You know, we always have the interests of the community as primary in our reason for being here. May we continue to remember those lost at war and those who give their lives for our nation. We pray through our God, Amen.

Mrs. Labow: Thank you Father Bob.

President Perkins: Father, thank you very much. Mr. Mayor, it’s time for you to address the Township with the State of the Township Address, please.

Mayor’s State of the Township Address

Mayor Scapicchio: Thank you. Mr. President, members of the Township Council, distinguished guests and residents of Mount Olive Township; it is an honor to present to you the 2008 State of the Township Address. I’d like to first welcome Councilman Alex Roman and I wish him the best of luck in 2008. It has been a pleasure working with Councilman Rob Greenbaum as President this past year and I look forward to working with our new President Councilman Ray Perkins. Over the past year you have seen the Administration, Township Council, township employees, and all the volunteers working together to move Mount Olive forward and we should all be proud that the pride we all share in our Township has been restored. In government, success is something that can only occur when a group of individuals work together for a common goal, and 2007 brought about many accomplishments which we should all be very proud of. In a general sense we have successfully ended the negative articles and commentary in the weekly and daily press. We have opened up communications between Council and Administration and Council direct to department heads. We have opened inter-departmental communications and significantly improved inter-department cooperation. We have restored a sense of pride and positive attitude in the employees. We have fostered, encouraged and achieved a “business sense” attitude of professionalism amongst employees. We have worked and continue to work towards an overall “team” player attitude amongst employees, management and the governing body. The Library construction project was closed out and the outstanding funds of $198,000 were handed over to the Township. We received a letter from the State confirming that our obligations under the library bond construction grant have been fulfilled. The long awaited handicapped parking has been completed. In the area of departments, the Department of Public Works continues to strive to achieve the best possible services for the residents. In a one month period we successfully replaced the Township fleet contractor with Penske Services to repair and maintain our fleet. We took over the construction of the new DPW garage and the building is now in operation. Our recycling efforts continue to improve resulting in significant economic benefits through the cost avoidance of disposal fees at the transfer station plus the revenue derived from the sale of the recycled material. Acquisition of open space for both active and passive recreational purposes continues. The Township participated in the acquisition of the Mandelbaum property which added 106 acres to the Allamuchy State Park connecting several large state properties together. We purchased the Blue Atlas property consisting of 32 acres on Flanders-Netcong Road. The existing building on site will supplement park and recreation uses. Baum property, 37 acres of donated land in three parcels will increase the size of Turkey Brook near the pond and improve trail access. The Dog Park at Turkey Brook Park has opened to great success and is being used from early morning until dusk. Recreation Department continues to serve the community. The 2nd annual Mount Olive Carnival and Community Weekend turned out to be a great success. About 15,000 attended over the four days, with Saturday’s fireworks night attendance almost double that of last year. Over 100 entities participated, including service organizations, sponsors and support services. Three new summer day camp programs served over 1,195 children during the four weeks of summer camp. Interest in the use of the Municipal Beach continues to grow with 822 Beach IDs being issued, and a total of 9,172 visitors. The Finance Department Mayor Scapicchio (cont’d): continues to maintain the operation of all divisions in the department with reduced head count. There were no audit recommendations from the Auditor which means all the practices and procedures in place meet all the appropriate accounting requirements. We upgraded the financial system which improved the flow and timeliness of information processing. We implemented online credit and debit card payments for tax and utility bills which will begin in the first quarter of this year. We exceeded surplus and tax collection rate figures from 2006 which will directly impact the 2008 taxes residents will pay. We implemented a check scanning system which allows for quicker availability of funds for the Township. The Planning Department responded in a timely fashion to the release of the Draft Highlands Regional Master Plan and continues to respond now that the Master plan has been released to ensure Mount Olive gets maximum opportunities that are available. We continue to work with Morris County and the Office of Smart Growth to get a change in the Budd Lake area from Planning Area 5 to Planning Area 2 which would be more advantageous to the Township and will help us attract more businesses to the Foreign Trade Zone. The Building Department has an Interlocal Agreement with Jefferson Township for electrical inspections and Randolph Township for vacation and sick time coverage for plumbing inspections. Fire Prevention has reached out to area communities to cover Fire Prevention inspections for vacation and sick time coverage. We accepted the Retirement of Police Chief Ed Katona and conducted a selection process for his replacement. We appointed Mark Spitzer as the new Chief of Police. We also saw the promotions of Donald Gardner to Captain of Operations, Craig Austenberg to Lieutenant of Investigations, and Kevin Hyland to Patrol Sergeant. We funded, purchased and installed the Cross Match Live Scan Fingerprint System which electronically scans the fingerprints of arrestees, applicants and others for immediate transmission to the FBI in Washington D.C. and the State Police in Trenton. This immediately proved successful with the very first inquiry sent which resulted in the discovery of warrants for a prisoner out of North Carolina. And Chief Spitzer put his signature on the department by changing the color of the patrol cars to black and white! Our employees, working with the countless volunteers and organizations within the Township, such as, but not limited to, the volunteer emergency services and recreational organizations, are truly what makes us proud to live in Mount Olive and will continue to keep Mount Olive moving forward for years to come. That is not to say that difficult times do not lie ahead because they do. Mount Olive, like the rest of the municipalities throughout the State of New Jersey, continue to struggle with ever increasing tax burdens and the state and federal government restrictions which make limiting tax increases an extreme challenge. Before we even started to work on the budget we had approximately $1.6 million of mandatory increases that needed to be included in our 2008 budget which we will be submitting to council on January 15th. As we move forward into 2008, I will keep the lines of communications open with all involved and will continue to work cooperatively with the Township Council. We will continue to allow the employees to do their jobs without the fear of any political influence. As we prepare the budget for 2008 we will again look at every request to insure the item requested is needed. I will keep in place the hiring freeze that was put in place in November 2007 with replacing only essential employees. We will continue to explore shared service opportunities and consolidating services with the school district and other municipalities when it makes economic sense for Mount Olive. I’d like to conclude by saying the one thing I am most proud of is helping to restore confidence in our local government and keeping the negative stories about Mount Olive out of the newspapers. As I look back over the last 14 months, I would note that it has been an enjoyment being your mayor-many times. It has been a challenge being your mayor-lots of times. But most of all it has been a privilege to be your mayor-all the time. I look forward to 2008 and being your mayor for the next 4 years. Thank you, happy New Year. Good luck.

President Perkins: Thank you Mr. Mayor. Before we proceed much further, I just want to take a moment to recognize some of the folks that attended this evening. Former Mayor Paul Licitra is here. We also have former Councilmember Earl Spino and Daniel Amianda from the Board of Education, as well as other associates from our various Boards and Township employees. I thank you very much for attending. With that, Mr. Mayor, would you like to run down your Mayoral appointments, please?

Appointments:

Mayor Scapicchio: Yes, Mr. President.

a. Mayor’s Appointments

Morris County Community Development Revenue Sharing Committee Member
Kathy Murphy, Member, 1 year term expires 12/31/08
Robert Scholtz, Alternate, 1 year term expires 12/31/08

Planning Board
Mayor Scapicchio, Class I, 4 year term expires 12/31/2011
Nelson Russell, Member Class IV, 4 year term expires 12/31/11
Scott VanNess, Member Class II, 1 year term expires 12/31/08
Earl Spino, Class IV, Alt. I, 2 year term expires 12/31/09
John Mania, Class IV, Alt. II, 2 year unexpired term expires 12/31/08

Environmental Committee
John Grecco, 3 year term expires 12/31/2010
Hank Titone, 3 year term expires 12/31/2010
Joe Fleischner, Alt. II, 2 year term expires 12/31/09

Open Space Committee
Mayor, 4 year term expires 12/31/2011
Planner, 4 year term expires 12/31/2011

Solid Waste Advisory Committee
Frank Wilpert, 1 year term expires 12/31/08
Tim Quinn, 1 year term expires 12/31/08
Hank Titone, Environmental Commission member, 1 year term expires 12/31/08
Eugene Terrezza, 2 year term expires 12/31/09

b. Mayor's Appointments with Advice & Consent of Council

President Perkins: Thank you Mr. Mayor. The next item on the Agenda is the Mayor’s appointments with advice and consent of the Council. Mr. Greenbaum?

Mr. Greenbaum: Do you want me to read them, or do you want me to move them?

President Perkins: I’d ask you to move them, Mr. Greenbaum, please.

Mr. Greenbaum: Can you please… Mr. President, I move for appointment of the Mayor’s appointments.

President Perkins: Can I have a second?

Mrs. Labow: Out of practice Rob?

Mr. Rattner: Second.

Mr. Greenbaum: A little bit. I move the Mayor’s appointments.

President Perkins: And the second is by Mr. Rattner?

Mr. Rattner: Yes. I have a…

President Perkins: Can we get a Roll Call…? Go ahead Mr. Rattner.

Mr. Rattner: We have amendments, was that amendment in there even though it’s not listed on our published Agenda? Or is that going to be done separately?

Mr. Tepper: There is an amended Agenda, Steve.

Mr. Rattner: I don’t have, I don’t have an amended…

Mr. Tepper: You should have one.

Mr. Rattner: Oh, it’s in the back. I’m sorry. I just thought that usually it was put on top. Okay.

President Perkins: Is that satisfactory?

Mr. Rattner: Yes.

President Perkins: Can I get… Would you call the roll for each one of the Mayoral appointments separately, please?

Mrs. Masser: Okay, do you want me to start at the very beginning?

President Perkins: Yes, Township Engineer…

Mrs. Masser: Mayor’s appointments for the Morris County Community Development Revenue Sharing Committee…

Mr. Greenbaum: No, start with Township Engineer.

Mrs. Masser: Oh, you want… I didn’t do a Roll Call for…

President Perkins: Yes, we’re going to do roll… We just have to motion and second.

Mr. Dorsey: Now, the first ones were purely Mayor Appointments. Now they’re on the Mayor and Council.

President Perkins: Mayor and Council.

Mrs. Masser: Okay, thank you. Township Engineer. Do you want me to do a Roll Call after each one?

President Perkins: No, you’re going to read them all.

Township Engineer, Eugene Buczynski, PE, 2 year term expires 12/31/09y
Township Attorney, John Dorsey, Esq., 1 year term expires 12/31/08
Prosecutor, Brian Mason, Esq., 1 year term expires 12/31/08
Public Defender, Anthony Abore, Esq., 1 year term expires 12/31/08
Director of Health, Frank Wilpert, Sr., 4 year term expires 12/31/2011
Director of Public Works, Tim Quinn, 4 year term expires 12/31/2011
Business Administrator, William Sohl, 4 year term expires 12/31/2011

Economic Development Committee
Brian Schaechter, 3 year term expires 12/31/2010
Karen Wisniewski, 3 year term expires 12/31/2010
Les Smith, 3 year term expires 12/31/2010 - removed

Recreation Advisory Committee
Liz Oiumet (RAC apt. recommendation) 3 year term expires 12/31/2010
Brigitte Geiger, 3 year term expires 12/31/2010
Dan Weiss, 3 year term expires 12/31/2010

Library Board
Mayor/Alt. Scott Ireland, 4 year term expires 12/31/2011
Chris Kenny, 5 year term expires 12/31/2012

Pride Committee
Liz Oiumet, 3 year term expires 12/31/2010
Muriel Hill 3 year term expires 12/31/2010
Tracy Wadhams, 3 year term expires 12/31/2010

President Perkins: Take the roll please.

ROLL CALL – Passed Unanimously

Mayor Scapicchio: Thank you Council.

c. Council Appointments

All Subcommittees of the Township Council previously created are extended through 2008:

Finance/Budget/Audit Control Committee
Steve Rattner, Russ Tepper, Roy Hansel, 1 year term expires 12/31/08

Library Board Liaison, Russ Tepper,1 year term expires 12/31/08
Board of Adjustment Liaison, Alex Roman, 1 year term expires 12/31/08
Recreation Board Liaison, Alex Roman, 1 year term expires 12/31/08
Board of Education Liaison, Phil Tobey, 1 year term expires 12/31/08
Safety Committee Liaison, Rob Greenbaum, 1 year term expires 12/31/08
Pride Committee Liaison, Colleen Labow, 1 year term expires 12/31/08
Legislative Committee, Steve Rattner, 1 year term expires 12/31/08
Committee RE: Lake/Environment Issues, Steve Rattner, 1 year term expires 12/31/08
Community Development Revenue Sharing Committee, Steve Rattner, 1 year term expires 12/31/08
Economic Development Committee Liaison, Steve Rattner, 1 year term expires 12/31/08
Planning Board, Russ Tepper, Councilmember, Class III, 1 year term expires 12/31/08
Deputy Township Clerk, Michelle Masser, 2 year term expires 12/31/09
Auditor, Gary Higgins, 2 year term expires 12/31/09

Solid Waste Advisory Committee
Colleen Labow, Councilmember, 1 year term expires 12/31/08
Stephen Kish, 2 year term expires 12/31/09
Matthew Guido 2 year term expires 12/31/09 - Remove

Board of Health
Chairman, Colleen Labow, 2 year term expires 12/31/09
Anita Cooper, 3 year term expires 12/31/2010
Mark Kana, 3 year term expires 12/31/2010

Open Space Committee
Colleen Labow, expires 12/31/2011
Kathy Murphy, 3 year term expires 12/31/2010

Board of Adjustment
Donald Hill, 4 year term expires 12/31/2011
Anthony Ranieri, 4 year term expires 12/31/2011
Steven Bedell, 4 year term expires 12/31/2011
John Batch, 4 year unexpired term expires 12/31/10
Jack Abbott - Alt I, 2 year term expires 12/31/09
Michael Laracuente – Alt II, 2 year unexpired term expires 12/31/08

President Perkins: Mr. Tepper, would you make a motion to move them, please?

Mr. Tepper: Yes, Mr. President, I move that all of the Appointments as presented by the Council President be moved and approved.

Mr. Greenbaum: Second.

Mrs. Labow: Council President?

President Perkins: Yes, Mrs. Labow.

Mrs. Labow: I believe that Matthew Guido, isn’t he the gentleman that no longer lives in Town? I think that that’s an error. Does anybody know?

Mr. Tepper: I’m not sure.

President Perkins: If that’s correct then we will remove him.

Mrs. Labow: Yes, he was supposed to be removed.

President Perkins: Thank you Mrs. Labow.

Mr. Greenbaum: Isn’t he the gentleman that lives on, near Turkey Brook Park that just built a new house?

President Perkins: That’s what I thought.

Mr. Greenbaum: Is that Matt Guido?

President Perkins: The Police Officer, Matt Guido?

Mr. Greenbaum: That’s what I thought.

Mrs. Labow: Is that who it is?

Mr. Greenbaum: Yes.

Mrs. Labow: Okay, then I stand corrected. It was the other…

Mr. Greenbaum: No? It’s not? Tony Guido?

Mrs. Labow: Tony Guido. Yes, I think this is the one that lived in Village Green Apartments.

Mr. Tepper: So he’s appointed and we find that he’s not a resident. He’s removed from the Board.

Mrs. Labow: He was on the Board and he never…

Mr. Tepper: I’m just saying that if you appoint him and he’s not a resident then you remove him.

Mr. Greenbaum: We should probably just remove him.

Mrs. Labow: Yes, I think it’s the one that I’m thinking of.

President Perkins: He’s removed on the Agenda. Would you remove him please and then call the roll, please?

ROLL CALL – Passed Unanimously

Questions on Bill List? - none

APPROVAL OF MINUTES OF PREVIOUS MEETINGS

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

Mrs. Labow: Yes, Mr. President, thank you. I’d like to move for approval of the Minutes of:

Dec. 11, 2007 WS
All present

Dec. 18, 2007 CS, WS & PM
All present

President Perkins: Is there a second?

Mr. Tepper: Second.

President Perkins: Thank you Roll Call please?

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

CORRESPONDENCE

LETTERS / EMAILS FROM CONSTITUENTS / ORGANIZATIONS

1. Notice received December 18, 2007, from Public Service Electric and Gas (PSE&G) regarding tree removal as part of vegetation management work on PSE&G easement.

2. Letter received December 24, 2007, from the New Jersey Libertarian Party, Preempted Ordinance Repeal Project, regarding a request of the Township attorney to render an opinion on the validity of Chapter 178, the “Peace and Good Order” ordinance and to introduce an ordinance to repeal those parts that the attorney finds to be invalid.

RESOLUTIONS / ORDINANCE / CORRESPONDENCE OTHER TOWNS

3. Resolution received December 17, 2007, from the Borough of Chatham regarding Resolution #07-296 A Resolution Supporting the Recycling Enhancement Act and Petitioning Members of the Morris County Legislative Delegation to Support Passage of the Recycling Enhancement Act.

DOT / DEP / LOI / HIGHLANDS

4. Letter received December, 20, 2007, from the State of New Jersey Department of Environmental Protection, Bureau of Coastal and Land Use Compliance and Enforcement, regarding a Notice of Violation for Block 5800 Lot 17 (19 West Grover Street.)

5. Notice received December 21, 2007, from the New Jersey Transit Corporation, regarding its intent to apply for Fiscal Year 2008 Federal Financial Assistance.

6. Letter received December, 24, 2007, from the State of New Jersey Department of Environmental Protection, Division of Watershed Management, regarding Block 4100 Lot 10 (Combe Fill North Landfill).

7. Letter received December, 24, 2007, from the State of New Jersey Department of Environmental Protection, Bureau of Coastal and Land Use Compliance and Enforcement, regarding Block 800 Lot 37 (“site”) (B&G Land Management Co., 106 Stephens Park Road).

8. Letter received December, 24, 2007, from the State of New Jersey Department of Transportation regarding funding from NJDOT’s Fiscal Year 2008 Municipal Aid Program for Flanders Bartley Road in the amount of $200,000.

9. Letter received January 02, 2008, from the State of New Jersey Department of Environmental Protection, Natural and Historic Resources, Office of Engineering & Construction, regarding the Morris County YMCA Dam.

10. Letter received January 02, 2008, from the State of New Jersey Department of Environmental Protection. Bureau of Underground Storage Tanks, regarding Remedial Action Progress Reports and Remedial Action Work Plan Approval (R&O Service Station.)

COAH

11. Letter received January 2, 2008, from the State of New Jersey, Council on Affordable Housing regarding COAH’s Revised Third Round Rules.

UTILITIES

12. Letter received December 20, 2007, from Comcast regarding the Bottom of the Bill Discount.

LEAGUE OF MUNICIPALITIES

13. Letter received December 17, 2007, from the New Jersey State League of Municipalities regarding a seminar entitled Orientation for Municipal Officials that are Newly Elected, Re-Elected, or Experienced.

MORRIS COUNTY

14. Letter received December 24, 2007, from Morris County Green Table regarding the forum, “Green Space and a Better Tax Base: What Does the Data Tell Us?”

15. Letter received December 28, 2007, from the County of Morris Department of Planning, Development & Technology, Division of Planning, regarding the 2007 State of the County Report.

16. Email received January 3, 2008, from Morris County regarding an invitation to Governor Corzine’s series of Town Hall Meetings on Financial Restructuring and Debt Reduction.

LETTERS FROM LEGISLATIVE REPRESENTATIVES

17. E-mail received December 24, 2007, from Rep. Rodney P. Frelinghuysen regarding AMT Watch One Year Fix, Frelinghuysen Boosts MPG Standard, SCHIP Program extended, Bipartisan Budget bill passed education, veterans funding gets major boost, Picatinny gets funding for expanded facility, FAA takes aim at airport congestion, Strengthening a consumer watchdog, and Spread the E-News!

18. Notice received January 2, 2008, from Governor Corzine’s office regarding the Governor’s Morris County Town Hall Meeting on Financial Restructuring event.

TORT

19. Notice of Tort Claim received December 28, 2007, from Walter G. Luger & Associates, LLC regarding the Defamation and Discriminatory Treatment of Zachary Petonak by the Association.

20. Notice of Tort Claim received January 02, 2008, from Walter G. Luger & Associates, LLC regarding Michael E. Foote.

MISC

21. Letter received January 2, 2008, from Lerch, Vinci & Higgins, LLP regarding their understanding of the services to be provided to the Township of Mount Olive for 2008.

President Perkins: We have 21 pieces of Correspondence. Is there any item that any member of Council would like to discuss separately? No discussion, thank you. That moves us on to Ordinances for First Reading.

ORDINANCES FOR FIRST READING (Second Reading – January 22, 2008)

President Perkins: The first ordinance for first reading is Ordinance #1-2008 entitled:

Ord. #1–2008 An Ordinance to Amend and Supplement Section 196-74 of the Mount Olive Code Entitled Connection Fees to the Budd Lake Sanitary Sewer System, Subsection C.

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

Mr. Rattner: Thank you Mr. President, I move that Ord. #1-2008 be introduced by title, and passed on first reading, and that a meeting be held on January 22, 2008 at 7:30 pm. at the Municipal Building, 204 Flanders-Drakestown Road, Mount Olive, New Jersey, for public hearing, consideration of second reading and passage of said ordinance, and that the Clerk be directed to publish, post and make available said ordinance in accordance with the requirements of the law.

Mrs. Labow: Second.

President Perkins: Thank you. Any discussion? Roll Call please.

ROLL CALL – Passed Unanimously

President Perkins: The next item on the Agenda for first reading is Ordinance #2-2008 entitled:

Ord. #2–2008 An Ordinance of the Township Council of the Township of Mount Olive to Establish the Position of Township Planner as an Employee or a Consultant.

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

Mr. Roman: Thank you Mr. President, I move that Ord. #2-2008 be introduced by title, and passed on first reading, and that a meeting be held on January 22, 2008 at 7:30 pm. at the Municipal Building, 204 Flanders-Drakestown Road, Mount Olive, New Jersey, for public hearing, consideration of second reading and passage of said ordinance, and that the Clerk be directed to publish, post and make available said ordinance in accordance with the requirements of the law.

Mrs. Labow: Second.

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

ROLL CALL – Passed Unanimously

President Perkins: The next item on the Agenda for first reading is Ordinance #3-2008 entitled:

Ord. #3-2008 An Ordinance of the Township of Mount Olive Granting Municipal Consent for the Renewal & Continuation of Operation of a Cable System Within the Township of Mount Olive, New Jersey to CSC TKR, Inc. d/b/a Cablevision of Morris.

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

Mrs. Labow: Yes, thank you Mr. President, I move that Ord. #3-2008 be introduced by title, and passed on first reading, and that a meeting be held on January 22, 2008 at 7:30 pm. at the Municipal Building, 204
Mrs. Labow (cont’d): Flanders-Drakestown Road, Mount Olive, New Jersey, for public hearing, consideration of second reading and passage of said ordinance, and that the Clerk be directed to publish, post and make available said ordinance in accordance with the requirements of the law.

President Perkins: Is there a second?

Mr. Roman: Second.

President Perkins: Thank you. Any Council discussion? I’d like to take the time to thank our Business Administrator, Mr. Sohl, for diligently pursuing along with Cablevision to get this franchise agreement hashed out.

Mr. Sohl: If anybody has any questions, Mr. Shaw from Cablevision is present in the audience.

Mr. Roman: Can I get free cable?

Mr. Tepper: As a newly elected official that’s not a good question to ask.

Mayor Scapicchio: You don’t even joke about that.

President Perkins: Alright, would you call the roll please?

ROLL CALL – Passed Unanimously

RESOLUTIONS

Consent Resolutions Agenda:

Resolutions on 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 which may be offered. If one or more council members requests, any individual resolution on the consent agenda may be removed from the Consent Agenda List and acted on separately.

1. Resolution of the Township Council of the Township of Mount Olive Designating the Official Newspapers of the Municipality for the Purpose of Publication of Legal Notices.

2. Resolution of the Township Council of the Township of Mount Olive Establishing 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 Establishing a Temporary Budget for 2008 for the Current, Water, Sewer and Sanitation Budgets.

4. Resolution of the Township of Mount Olive Authorizing a Cash Management Plan for the Township of Mount Olive for the Year 2008.

5. Resolution of the Township Council of the Township of Mount Olive Retaining Professional Services Under the Non-Fair and Open Contract in Accordance with the Pay to Play Law.

6. Resolution of the Township Council of the Township of Mount Olive Appointing Steven W. Rattner as Council Representative to the Community Development Revenue Sharing Committee.

7. Resolution of the Township Council of the Township of Mount Olive Authorizing Participation in the State of New Jersey Cooperative Purchasing Program for the Year 2008.

8. Resolution of the Township Council of the Township of Mount Olive Fixing the Rate of Interest to be Charged on Delinquent Taxes or Assessments.

9. Resolution of the Township Council of the Township of Mount Olive Authorizing the Purchase of Necessary Goods and Services Under Any Contract Competitively Bid by the Morris County Cooperative Pricing Council.

10. Resolution of the Township Council of the Township of Mount Olive Authorizing the Tax Assessor and/or the Township Attorney to File and Tax Appeals/Rollbacks.

11. Resolution of the Township Council of the Township of Mount Olive Establishing Various Change Funds for the Year 2008.

12. Resolution of the Township Council of the Township of Mount Olive, County of Morris, State of New Jersey, Creating and Continuing the Mount Olive Municipal Alliance Committee.

13. Resolution of the Township of Mount Olive Authorizing the Cancellation of Water, Sewer, Sewer Assessment and Tax Receivable Overpayments and Balances $1.00 or Less.

14. Resolution of the Township Council of the Township of Mount Olive Establishing a Petty Cash Fund for 2008.

15. Resolution of the Township Council of the Township of Mount Olive Reappointing Michael Pucilowski as a Member to the Musconetcong Sewerage Authority.

16. Resolution of the Township of Mount Olive Authorizing the Use of Various Purchasing Contracts.

17. Resolution of the Township Council of the Township of Mount Olive Authorizing a Professional Services Contract with Golub Animal Hospital for Animal Control Purposes for 2008.

18. Resolution of the Township Council of the Township of Mount Olive Authorizing a Professional Services Agreement with Morris Land Conservancy for 2008

19. Resolution of the Township Council of the Township of Mount Olive Authorizing a Settlement of the 2006 and 2007 Year Tax Appeals Brought by Sam’s Club.- revised 1/7/08

20. Resolution of the Township Council of the Township of Mount Olive Authorizing the Resolution of the Tax Appeal for the Years 2006 and 2007 for Walmart Real Estate Business Trust, Lot 9.03, Block 4100.- revised 1/7/08

21. Resolution of the Township Council of the Township of Mount Olive Authorizing the Resolution of the Tax Appeal for Eagle Rock Village.- revised 1/7/08

22. Resolution of the Township Council of the Township of Mount Olive Authorizing a Settlement of 2007 Tax Appeal for the Village Green Shopping Center.- revised 1/7/08

23. Resolution of the Township Council of the Township of Mount Olive Authorizing a Settlement of 2007 Tax Appeal Brought by Hensyn Village. – revised 1/7/08

24. Resolution of the Township Council of the Township of Mount Olive Approving a Tax Settlement for the 2007 Tax Appeal for Lowe’s Home Center.- revised 1/7/08

25. Resolution of the Township Council of the Township of Mount Olive Authorizing Resolution of the 2007 Tax Appeal by Lancaster Group (Formerly Calvin Klein).

26. Resolution of the Township Council of the Township of Mount Olive Confirming the Appointment of William Sohl as Business Administrator for the Township.

President Perkins: Is there anyone on the Council who wishes any of the Consent items to be moved to Non Consent? Mr. Rattner?

Council Comments/Statements on Consent Resolutions Agenda

Mr. Rattner: I just need clarifying. We got six amended resolutions tonight that I picked up just as I walked in here, and going real quickly I couldn’t see where all of the changes are. I thought just some wording or if there are numbers, so I think, I don’t want to take them off. I know what they are but I need an explanation of what the changes were if somebody can go through it real quickly why it had to be amended.

Mr. Dorsey: Are you talking about 19 through 24?

Mr. Rattner: Yes.

Mr. Sohl: Sherry can explain it.

Mr. Dorsey: Oh, the revisions. No, Sherry wants to pay out money faster than we were going to make her pay it out. Therefore, rather than provide in the resolution as we traditionally argue for, rather than have the Township pay the money out, it’s due by way of refund. It takes it by credit but Sherry advises that the money has already been reserved or escrowed for this purpose, and it would be appropriate to pay it out. That’s the only real change.

Mr. Rattner: But, even if we have it escrowed, or we have the money set aside, if we can do it the other way don’t we end up with extra earnings until it’s paid off?

Ms. Jenkins: We already put money aside in the reserve for tax appeals which is where I want to take these from, rather than have to credit 2008 and have 2008 collections affected, Steve.

Mr. Rattner: Okay.

Ms. Jenkins: Okay? That was my plan. We already have the money aside. I want to take care of 2007.

Mr. Dorsey: Okay, Sherry, so understand this, I don’t want you to pay out any of the money to the judgments coming in.

Mr. Sohl: I’ve told her that.

Ms. Jenkins: We would never do that.

Mr. Dorsey: Okay, I’m just telling you.

Ms. Jenkins: Yes, understood.

Mr. Rattner: I think in the future we should look at, I mean that’s a normal cash flow, is that when cash goes out you try slowing it down as much as possible. Every little bit of earnings credit, you know, with the tough years we’re going to be going into budget wise, every little bit helps.

Mr. Dorsey: That’s what we always thought.

Mr. Rattner: I know that makes sense. It’s a matter of opinion.

Mr. Dorsey: The changes don’t change the amount of money toward the assessments.

Mr. Rattner: It’s only an opinion.

President Perkins: Are there any other items? Mr. Tobey?

Mr. Tobey: Item number 1.

President Perkins: Move item number 1 to Non Consent. Okay, Mr. Tobey, can you then move the Consent Resolutions number 2 through 26, please.

Mr. Tobey: Yes, Mr. President, I move Consent Resolutions numbers 2 through 26 as presented.

Mr. Rattner: Second.

President Perkins: Motion and a second. Call the roll please.

Public Portion on Consent Resolutions - none

ROLL CALL – Passed Unanimously

RESOLUTIONS NON CONSENT

President Perkins: That moves us on to Non Consent Resolution number 1. Mr. Tobey?

COUNCIL COMMENTS ON INDIVIDUAL RESOLUTIONS

Mr. Tobey: Yes, the purpose of designating an official newspaper for the municipality is naturally, as we all Mr. Tobey (cont’d): know, for the publication of legal notices. Having said that, there are other newspapers out there and in particular the Daily Record, which based upon the research that I’ve done has a higher subscription rate and a higher retail sale percentage than the Mt. Olive Chronicle. If the purpose of this is to make the public aware of what’s taking place in the Township, it’s my suggestion and recommendation that we go with the newspaper that’s going to best suit the needs of the municipality.

President Perkins: Thank you, Mr. Tobey. Do we have any other comments from any other Council members? I’ll take a roll call please.

Mr. Greenbaum: You’ve got to move it first.

Mr. Tobey: I move Non Consent Resolution number 1.

Mr. Tepper: Second.

President Perkins: Any other comments? I’ll give one comment. It was a few years ago when originally the resolution had had the Daily Record on as the primary with the Chronicle to be the backup newspaper. At that point I know the record will indicate that I stated that my arm was being twisted, and I had acquiesced to go to the Chronicle. I still feel in my heart that the Daily Record is the way to go. It may cost more money but it’s available to every single taxpayer seven days a week on the newsstand. If the Chronicle for some miraculous reason happens not to be on the newsstand because there was a rash run there to buy that paper, then I believe that the majority of the taxpaying citizens of Mt. Olive are not afforded an equal, quick opportunity to see that public notice. Take the roll please.

ROLL CALL – Passed with the exception Mr. Roman, Mr. Tobey and Mr. Perkins voted no

PUBLIC PORTION ON INDIVIDUAL RESOLUTIONS - none

MOTIONS

President Perkins: That brings us down now to Motions for the Bill List, Mr. Greenbaum.

1. Bill List.

Mr. Greenbaum: I move the Bill List.

President Perkins: Is there a second?

Mrs. Labow: Second.

President Perkins: Thank you. Roll please.

ROLL CALL – Passed Unanimously

Public Portion

President Perkins: That now brings us to the Public Portion where any member of the public can feel free to address the Council at this time. Please state your name and address for the record.

Mrs. Labow: Mr. President, do we have an Old Business or a New Business on here?

Joe Fleischner, 35 Karen Place, Budd Lake: The first question is which newspaper is it, because you really didn’t clarify.

President Perkins: The Chronicle.

Mr. Fleischner: The Chronicle will be the primary?

President Perkins: Yes, the Chronicle is the primary and the Daily Record is the backup.

Mr. Fleischner: Okay, thank you. My next question is a request. I know we’re submitting the budget but one item that I would like to see inserted is a few extra dollars, Mr. Mayor, to keep the Budd Lake Beach open on the weekends of September, because even though we know that the summer holiday is over, there are plenty of people who would still like to use the Beach on those September weekends. If you look at the last three or four Mr. Fleischner (cont’d): years, I did a little research, and the weather has been quite warm. The Lake is, well the Lake is the Lake, but it’s actually warmer in September, like the Ocean, than it is in June and in May. So if there is any possible way that we can allocate a few dollars to insure that we keep it open on the weekends it would be appreciated by a number of people, including myself, that would like to use the Lake.

Mayor Scapicchio: We’ll talk to Jill and look into that.

Mr. Fleischner: Yes, it would be appreciated by quite a few people, and that’s all I really have to say.

President Perkins: Thank you. Any other people who would like to address the Council? Seeing none, that moves us into closing Council comments.

Mrs. Labow: Mr. Perkins, can we have Old Business? I have one thing that I’d like to request.

President Perkins: Sure, go ahead Mrs. Labow.

OLD BUSINESS

Mrs. Labow: I just wanted to bring up on, I should have brought it up earlier but Mr. Rattner was distracting me. We got a letter, number 2 on the Correspondence, somebody had written us a letter wanting us to review one of our ordinances for validity, Chapter 178 the Peace and Good Order Ordinance. I was wondering if Mr. Dorsey, if you could review that ordinance for us and give us, let us know if it is in accordance with current State law.

Mr. Dorsey: Yes, sure, which ordinance was that?

Mrs. Labow: It’s ordinance, it’s Chapter 178 the Peace and Good Order ordinance.

Mr. Dorsey: Oh okay, this is the no loitering ordinance.

Mrs. Labow: Yes, the no loitering, yes, if we could just review that and make sure that we’re not violating any…

Mr. Rattner: The letter was from the Libertarian Party.

Mr. Dorsey: They’re right.

Mrs. Labow: I figured we might as well get it checked out and see. Thank you.

President Perkins: Thank you Mrs. Labow. With that, we now move to Closing Council comments.

Closing Council Comments

Mr. Greenbaum: None.

Mr. Tepper: I have none.

Mr. Roman: Other than to retract my previous request for free cable, that’s it.

Mrs. Labow: I just want to say that I want to thank Mr. Greenbaum for doing an excellent job the past three years as Council President. I think that he really moved this Council in a very positive, professional direction. I just want to thank you very much.

Mr. Greenbaum: Thank you.

Mr. Rattner: You know I’m going to have something to say. First, I want to congratulate Mr. Perkins for accepting the position of Council President. That’s not an easy task. He has to manage and keep the public happy and even harder, he has to keep the other six Council members in line. Reorganization is always an exciting time full of promise, hope and enthusiasm. This year will present challenges and will probably necessitate hard decisions that may not be popular with everybody. This past year was a clean up year after an unfortunate period in Mt. Olive history, and the Mayor has to be given credit for getting us back to governing. I also have to speak that sometimes we have disagreements. That is built into our form of government. Just because a vote is not unanimous it does not mean that somebody is wrong. It’s just that we have a different point of view. We have three branches of government that are designed as a check and balance, and with that Mr. Rattner (cont’d): there are responsibilities. Once an issue is voted on it becomes Township policy and it has to be supported. If modifications or changes must be made there is a legislative process that has served this country well for the last 230 years. That said, I am going to comment on the concept of going along to get along. I hear that all too often and I feel that is wrong and destructive and does not serve the public. If I were you I would worry if it appears that we always are in lockstep with each other. I just want to thank all who have chosen to give their time to our many Board and Committees with a special recognition to our fire and rescue organizations. All of you are an important part of this Township government. I’ll just finish by thanking everybody who came out tonight and hope that everybody has a healthy and prosperous new year.

President Perkins: Thank you Mr. Rattner. Mr. Tobey?

Mr. Tobey: Thank you. I would like to wish everyone a healthy and safe 2008. I’d also like to congratulate all of the members who have been appointed to various Boards and Committees, and I’d like to thank them for their time and contribution to the community of Mt. Olive. I’d like to congratulate Mr. Perkins. I’m certain he is going to do a wonderful job at navigating us through 2008. I’d like to congratulate Mr. Greenbaum on an excellent job in serving as Council President. It’s an honor to have been nominated and selected as Council Vice President. I will do my best. I will give 110%. I look forward to working with everyone and thank you very much.

President Perkins: Thank you Mr. Tobey. Well, here we are. It’s 2008 and the bridesmaid finally has the veil. I thank past Council President Greenbaum for outstanding leadership over the last three years. He has definitely been an inspiration to all of us, and has helped us through an awfully troubled period. No one will ever argue that point. We have a challenging year ahead of us. There’s been an unprecedented slow down in the housing market, the continued non-occupancy of commercial buildings, the ever increasing costs associated with energy and the daily operations of our facilities, including, but not limited to health care costs and rising salaries. The Township Council, we are your legislative branch of the government. We are charged with approving the municipal budget and enacting the ordinances and laws of the municipality. The office of the Mayor is responsible for carrying out all of our decisions, and for the day to day operations of all of the functions within the municipality. Continuing to seek out new ratables, shared service opportunities, private-public partnerships, and working toward having municipal buildings utilize renewable energy and alternative fuel vehicles are some of the ways this Council hopefully will work with the Mayor to attempt to minimize tax increases. This year will definitely be a challenge as we all face 2008, a time of revaluation, budgetary constraints, and tightening our belt loops. I thank everybody for coming tonight. I thank everyone for your support. I will say that we will be moving in, after our benediction, to an executive session. All of the folks that have been appointed to different positions that would like to be sworn in this evening that are here, following the executive session the Deputy Clerk has your oath and can administer that. With that, is Pastor Matt Jones in the audience for us to produce our benediction?

Benediction – Pastor Matt Jones

Pastor Matt Jones: Why don’t we pray for a moment? Our Father in Heaven, we thank you so much for this wonderful Township, Mt. Olive Township. We thank you for the people, Lord. We thank you for our leaders. We thank you for our Mayor, Council and employees, Board members, Lord God, and even Committees. Father, it’s our prayer, Lord God, as we come to you the Scripture says, “Unless the Lord builds this house they that labor, labor in vain.” Lord, that we thank you together for our blessings. We seek you for our challenges and we even trust you for the unknown. Lord, it’s even our prayer this morning, Lord God, that all that has been set in motion, Lord God, will be blessed by you, Lord, and that this Township would be all that you would call it to be. We thank you Lord God for smooth transition of leadership, and Father, I pray for good health for our community leaders. We ask all these things in Christ’s name. Amen.

Mrs. Labow: Thank you.

President Perkins: We are going to be moving into executive session. Once we return there will be no other business done. As I stated, we will move into the other room and when we come back in, all of those that are here to be appointed most certainly can be sworn in by our Clerk. With that, Mrs. Labow, I would ask you to make a motion to move us into executive session.

Mrs. Labow: Thank you Mr. President. I want to say it’s an honor to take over this duty. Mr. Perkins has done it for several years. In accordance with Sections 7 & 8 of the Open Public Meetings Act I’d like to make a motion that we move into executive session to discuss negotiations for the Boat House.

Mr. Tepper: Second.

Motion was made and seconded, all in favor and none opposed, the meeting was adjourned to executive session at 8:17 pm

Executive Session – Boat House Negotiations

Motion was made and seconded, all in favor and none opposed, the meeting was reconvened at 8:40 pm

ADJOURNMENT

Motion was made and seconded, all in favor and none opposed, the meeting was adjourned at 8:43 pm.

_________________________________
Phil Tobey, Council Vice 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 January 22, 2008.

______________________________________
Lisa Lashway, Township Clerk


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