Mt. Olive Township Council Minutes
January 9, 2007


The Regular Public Meeting of the Mount Olive Township Council was called to Order at 8:41 pm by Council President Greenbaum with the Pledge of Allegiance.
PLEDGE OF ALLEGIANCE & MOMENT OF REFLECTION for all those who have and continue to protect our freedoms and our way of life.

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

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

Absent: Mr. Biondi

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

Executive Session – Morris Chase 7 pm

Status of All Veteran’s Memorial at Turkey Brook Park

President Greenbaum: First, let me apologize to everybody who was waiting for us to open the doors to come out of Executive Session. We were discussing issues related to Morris Chase. They were very serious discussions, they were lengthy, I apologize, but we needed to get all of the information. At this point we are going to move on with the Agenda. The first item I have this evening is a presentation by Charlie Uhrmann with regard to the status of the All Veteran’s Memorial at Turkey Brook. Charlie, do you want to come up to the podium?

Charlie Uhrmann: Rob would you rather have me do it on the easel there or here?

President Greenbaum: The easel there is fine, that way you are close to the microphone. You just need to talk into a microphone so that it’s picked up on the record. You have to state your name and address for the record please.

Charlie Uhrmann, 12 Jennie’s Lane, Mount Olive: I am here tonight to present to the Council and the Mayor, the final renditions of the All Veteran’s Memorial. We worked approximately eight months to get the design down pat. It’s a very intricate design. I was hoping to kind of give you a little virtual walkthrough with ours. Thus far, this is it right here. It’s going to be placed in Turkey Brook Park. I am going to give you our other thing…

President Greenbaum: Charlie, is that something that we can keep in Town Hall or are you going to put that in Turkey Brook? What’s the plan for the artist rendition?

Mrs. Uhrmann: The artist rendition right now is going to go with me. It’s actually a specially matted presentation rendition that I will be using for all my....

President Greenbaum: Marketing purposes?

Mrs. Uhrmann: Right, my presentations and corporate presentations, different things like that.

President Greenbaum: Okay.

Mrs. Uhrmann: When I am done with it, you are more than welcome to it.

President Greenbaum: I just found that there is a benefit, when we went through Turkey Brook Park, of having it up in Town Hall so that people who came through Town Hall could see what the plans were for it. I understand your need to keep it with you. Perhaps, if there is a time period when you’re not planning on actually marketing it, it could be hung in Town Hall outside the Mayor’s office for anyone from the Township who might want to come to see it.

Mrs. Uhrmann: Absolutely. I could always stop here and pick it up when I go off....this is usually on my path here.

President Greenbaum: Okay, good.

Mrs. Uhrmann: If I talk really loud, is that going to be okay?

President Greenbaum: As long as Lisa, can pick you up.

Mrs. Uhrmann: The Memorial....the architect firm...we basically created the design of the memorial. We had five of the area top hardscapers submit their own version of what they felt a memorial was going to be. They submitted several plans. Then we all met together, we took the elements of those plans, some of the better elements that served our purpose and then we blended them together. Once we came up with a preliminary design then we decided to go to an architect, where he would find some of the elements to make it one of the United States most useful monuments. The All Veteran’s Memorial will be the second of its kind in the United Stated of America. It will have elements that no other memorial will have. I’ve done extensive research in the State of New Jersey, where most of the memorials will have the monument in a small area for reflection. Mount Olive will actually have a very functional site. We will start off with where it is lettered “C.” That is our presidential preambled area. What this is, there is going to be pavers that are going to be 24” x 24” and each one will have engraved each one of the Presidents of the United States underneath his name and the term he served. They will have his quote and the quotes that we chose. I did a lot of research on the different quotes from all the presidents. The quotes that we chose to use from each president will definitely be somewhat associated with a Veteran’s Memorial or some type of government. So we are going to obviously have in the middle here the presidential preambled area. We are going to have the presidents. We are going to have several of the blank pavers for future presidents. The “C” area right here...one thing I want to explain upfront is, we did not blend any elements together. Each element has its own importance, such as the presidential preambled area, for any type of services for them to prepare for their services. You have your “D” area which is the sponsorship area. That is going to be the area that is going to connect the presidential area with the military area and that’s going to be actually my ability to sell corporate space. It will be the only area where there will be any type of ...not so much advertisement because we will not allow any advertising. However, there will be a display of a corporate name or a congressman’s name, somebody who has donated to the memorial itself. As you can see when you leave through that area, you’re going to have a host of military flags that’s going to denote each branch of service equally. The reason why we placed it there, as we do have ceremonies we will be able to flow the ceremony either to the right or to the left and go around to get into the front area of the memorial. The section “A” right here, that is going to be the military area. It’s shaped as a pentagon which is of course the five branches of service equality with the five branches of service and that is going to be military only. Anybody who has served in the military, we have reached out to several areas in the State of New Jersey and we have been overwhelmed with the responses there. Our goal is to make sure that every one of the young gentleman who passed away in Iraq, they will all get a paver, either by their family, which we have 50% of families now turned to us to memorialize their loss. The remainder of the 50%, which we have 39 deaths so far from New Jersey, we will solicit the family and make sure they are offered a paver. I want to pause for a moment. The pavers that we are using are very unique. I am going to pass them around. They are extremely heavy.

President Greenbaum: That’s good because I have been looking for something to throw at Mr. Rattner lately.

Mrs. Uhrmann: This will give him a heck of a bump. The reason why these pavers are so unique is because they are lifetime warranty pavers. They are made in Wisconsin and most of the universities and monuments are now using these pavers. They are deeply lasered. They are then pour dyed, a special filament inside and then they are filled with an epoxy. The reason why this is very important is, is the names of the pavers, the wording on the paver usually is eroded by sand. Therefore, they don’t hold a lifetime warranty. However, we went one step further. We went with a more expensive paver and sold them for our cost for the military.

President Greenbaum: How many pavers do you expect, when if… assume that it’s all built out and you’ve sold every paver, how many people will be memorialized at this site?

Mrs. Uhrmann: Right now, what we are doing is we have three actual sizes. We went with the larger sizes which would be 33,000 and then we graduate down. Inside this pentagon is the existing Mount Olive historical monument that rests on State road 46. This will be set upon a two tier concrete platform. This will always remain where the names of the Mount Olive residents, the fallen Mount Olive military residents of here. They will be the only ones that will ever have their names engraved. So we do have an exclusive monument for the residents of Mount Olive that is just set among our State Military. In this area here, there are going to be three flag poles. There is going to be one 30 foot and two 20 foot. One is going to be the United States flag and then two are going to be the State of New Jersey and then the Mount Olive flag that are erected. The “H” area, right here, that is another ceremonial area. I solicited 198 American Legions throughout New Jersey.

Mrs. Uhrmann (Cont’d): They were given an opportunity to represent their region to show unity within all the militaries throughout the State of New Jersey and that will be where we actually put the American Legion pavers. We thought that that was important because they are usually the ones that will formally retire the American flag. Before that platform is going to be, what denotes this as the second of its kind in the nation, it’s going to be a formal flag burning vault. That was designed by my son, an engineer and his Scoutmaster. Pretty much that’s it.

President Greenbaum: How are your fundraising efforts going to date?

Mrs. Uhrmann: My fundraising efforts are going very well. I have last week notified the Congressman, Senators and Freeholders, just to let them know what’s going on. I have probably a month ahead of me doing presentations before some of our top ten corporations in the United States. So I will be a very busy person. We did get military clearance so I will be meeting with Senator Bucco on Friday morning and I am hoping to meet with the Defense Department for New Jersey and we have also been endorsed by the Pentagon, Rear Admiral Mark Buzby. He is the Rear Admiral for the Pacific fleet. So we are basically waiting on the plan. You can tell somebody your dream, but until you can really show them what you have...thus far we have gotten some pretty impressive endorsements and they like the plan.

President Greenbaum: What’s your timeframe in terms of actually constructing the memorial?

Mrs. Uhrmann: We are hoping, if all goes well, that the memorial will be completed by Veteran’s Day if we don’t fall into any problems. Our biggest challenge really was getting the ultimate design. That was probably the hardest thing.

President Greenbaum: Does anyone on Council have any questions or comments? Does anyone in the audience have any questions? Phil, you’re going to have to go up to the podium. State your name and address for the record.

Phil Tobey, Flanders: Just out of curiosity, what inspired you to begin this and what are your goals in terms of fundraising?

Mrs. Uhrmann: When I lived in Beauford, South Carolina, I worked very closely with the military, the Marine Corp. I worked with the families, basically the ones that had difficulties. Of course, our war in Iraq and my son going for his Eagle, we wanted to make a difference. So that is what our inspiration was and my goals for fundraising. I think we are going to meet or exceed our goals for the fundraising. It’s just, I am working really hard to get out there, to get those letters written, to get those meetings and to keep everything pretty much put together and to meet all of the requirements that the Township expects. So we are wearing a lot of hats.

President Greenbaum: Phil, you know a lot of people. Perhaps you could help Charlie raise some money for this effort.

Mrs. Uhrmann: I will absolutely adore any type of help out there because it is a lofty goal. Like I said,
there’s not enough hours in a day for me. That is my biggest problem. I have so many things I want to get accomplished.

Mrs. Labow: Charlie, it looks really fantastic, absolutely fantastic. What I wanted to know, what is the total cost of it? There’s going to be some kind of footings or infrastructure to it or is it just going to be all the pavers?

Mrs. Uhrmann: There is going to be a footing around the memorial. Our first step with the memorial is going to obviously be, to place the old monument to put it in place because certainly what happens is that you are going to have trucks coming and driving and you can’t have that once we put the pavers in place. Our very first step is going to be relocating the monument from 46. Then basically how we are doing this is this, a lot of the other agencies or memorial committees, they’ve actually tried to sell a flag pole for $10,000 and everything else. The bottom line for this project is unity. I really want everybody to be able to take part in this. What we are actually doing is we are selling this project piece meal. We are basically saying, here’s a paver, if you want to buy a paver, if you want to buy a presidential paver. We are selling the elements at cost and then we have a lot of people coming. Obviously, corporations are going to give us the financial backing. We have a lot of clubs that actually want to purchase the benches. That’s within their monetary limitations. We have the Knights of Columbus who have been very generous. They are hosting a very large event for us on January 29th. They are going to be inviting the entire community, they now want to invite all of the Knights of Columbus throughout the State because this is something they feel is something that is very important. Now that the word has finally gotten out, now we are really moving along.

Mrs. Labow: So basically, let’s just take section “C.” The presidency and let’s just say your goal is 100 bricks in there for the president ones or a person can purchase one of the president bricks?

Mrs. Uhrmann: Yes, the presidential pavers, they have the same warranty as the other ones. They are $500. They are all engraved because the engraving is very expensive. What we do, whoever buys the presidential paver will be able to put their family name or who they are honoring. The Fraternal Order of Police will want...they have decided that they wanted to honor our first Police Chief who fought in World War II. A lot of these organizations, believe it or not, are looking for this as perfect opportunity. One of the most important things that I want to stress about this memorial and I cannot tell you, I have communicated with families all across this state. We are so honored to have families here that have their full lineage of family members. They can actually bring all their family members and honor them in one place. We have some people that have bought 22 bricks in one family and I think we should be honored that this family would want to participate in here and they have given so much to our Country as it is.

Mrs. Labow: Absolutely. The thing is, what I wanted to know is, the bricks, the pavers, you are selling them at cost which is fantastic. How much money do you need to actually have them installed? I mean what is your total cost beyond that?

Mrs. Uhrmann: Our hardscapers have donated a week each with manpower. So this is how we are kind of doing it thus far. Now with the corporate money, we do have a hefty savings account. When the corporate money starts coming in we will then again put that into the savings account and whatever we meet, any overflow will be donated back into....

Mrs. Labow: You have 501(c)3 not for profit designation or...

Mrs. Uhrmann: We should be getting our designation in a couple weeks.

Mrs. Labow: 501(c)3?

Mrs. Uhrmann: Yes, ma’am.

Mrs. Labow: I know just for the Parents Club and stuff like that, if you’re not a 501(c)3 a lot of companies can’t give us money but if you are, you get large donations. That is why I was asking.

Mrs. Uhrmann: The beautiful thing about our project is, being in marketing, if they don’t have one way of donating under their donations, they also can take out of their advertising. If their name appears somewhere, they just take from one bucket and put it into another. So that’s what we have been encouraging thus far but our 501(c)3 is retroactive and so anybody that has donated will be able to deduct that from their taxes.

Mrs. Labow: That’s good to know but you don’t have any estimate on the total cost. The next question I wanted to ask you. How does it work.....is Kathy still here? For the Green Acres… are there any kind of special permits?

Mr. Sohl: We have sent a letter with a smaller set of plans down to Green Acres just to let them know. If you do the overall that I did, a rough calculation, the entire thing fits into a half acre.

Mrs. Labow: Alright. So they shouldn’t give us any kind of....

Mr. Sohl: No, we don’t foresee any problems.

President Greenbaum: Thank you.

Mrs. Labow: Thank you. That is good news.

Mrs. Uhrmann: Thank you very much, thanks for putting me forward.

President Greenbaum: Did you have something? Again, you have to state your name and address for the record.

Thea Dunkle, Flanders, Town Historian and President of the Historical Society: We got involved with Charlie on this project and to make sure that our current monument is placed in a respectful place with honor and dignity. Where it is now, it has kind of lost its shine with the old Municipal Building coming down. We have tried to have ceremonies there but we got a lot of noise and our ceremonies get interrupted. So we feel that moving the monument, combined with this project, would be great. So the Historical Society is behind the project. Our part of the project is to oversee the movement of the monument and getting the proper base to support it. I’ve gone out and I have gotten three bids on getting the monument physically moved. I got those estimates in June because we didn’t know the timeframe on how all of this was going to play out. So I have gotten the three estimates all close to about $5,000. I am leaning toward a gentleman, Buddy from Keystone Memorial Company in Allentown, Pa. He’s done the replacement of the civil war monument up in Hackettstown at the five corners. He also did the Chester memorial that was just completed recently. I am trying to contact him to come down and meet with Bill and I, to find out what kind of structure or concrete slab with reinforcement, what this thing needs to sit on. Bill has asked Jim Lynch to go and see what the current monument is placed on and he will be getting me an estimate for that or giving me some direction and then I can go out and get bids on the actual base. Now, since it’s the Township Memorial, I am hoping that and since our parade route can no longer be right on Route 46, I am hoping that this Council and the Township and everybody will come forward and pay for that portion. So I am estimating the monument will be under $6,000 to physically move and then whatever the base comes in at. That’s what I have so far in that portion.

President Greenbaum: Well, we will certainly consider anything that is put in the budget by the Administration for the moving of the monument. It is an Administrative issue in the first instance.

Mr. Perkins: Thank you, Mr. President. Thea, what’s your timeframe, approximately, for when the existing memorial would be moved?

Mrs. Dunkle: Well, that’s again with Charlie and the committee. We have to have a meeting. I told her the man’s going to come down and look at the current site to see what the monument is placed on now and then show him there and he will tell us what the specs are. I will get them and then I think we would have to move pretty quickly but with the weather we don’t know, so probably the spring. The footing has to be done, monument moved and then they can build. Or probably while they are building the monument, pad it all up with something so nothing happens to it.

President Greenbaum: Bubble wrap.

Mrs. Dunkle: The grading and everything else will be built around it.

Mr. Perkins: Are you anticipating moving this before Memorial Day?

Mrs. Dunkle: I don’t think so. We are hoping we have it after Memorial Day and then Charlie is aiming for Veteran’s Day. I don’t know how that’s all going to...I am responsible for the moving of the monument.

Mr. Perkins: You can well imagine, not only as a Veteran but also as a member of the Legion and the VFW Post, I am extremely concerned with having that moved. I trust you will have it moved in a very dignified way but I think it needs to be done in a very respectful memorial type fashion. We need to almost, have it followed by...

Mrs. Dunkle: Oh yes, this man is topnotch from Keystone. He is...every time I called he got right back, he is phenomenal.

Mr. Perkins: Believe me, I trust your judgment. What I am saying, the day that it is physically lifted off and moved, I don’t want and I don’t think any of my brethren wants to come home…

Mr. Sohl: Ray, we will make sure you are notified and we will be there with you.

Mr. Perkins: That is what I am saying...

Mayor Scapicchio: I think what Ray is asking for is some sort of a formal ceremony to move it from
point A to spot B.

Mrs. Dunkle: That’s perfectly...I am just letting you know that I am going to get the estimates to keep you informed and to see what you guys could come up with in the budget to move it.


Mr. Perkins: Is this the same company that did the “Billy Yank” monument?

Mrs. Dunkle: I don’t know if he did that? I know he did the Chester one and he did the one in Hackettstown.

President Greenbaum: Colleen did you have something?

Mrs. Labow: Charlie left. I was going to ask her... maybe you know Thea? I am sure you do. So the memorial gets moved first. First you put the platform, then you move the memorial and then Charlie’s part, I guess you have the responsibility of the memorial and then Charlie’s going to build the rest of the park. Then they can start to build around the memorial.

Mrs. Dunkle: Yes.

Mrs. Labow: So is she going to branch out...I am just trying to get a visual on it. It’s going start out on the memorial and build around or just as it goes?

Mrs. Dunkle: I don’t know how...we have to work with the landsCAPers and I am sure it all has to be graded and to specs and...

Mr. Sohl: The simple answer is the center piece has to be done first and then it can go from there. Exactly which process... A comes before B....

Mrs. Labow: We do know the memorial comes first and then everything else branches off of that.

Mrs. Dunkle: You don’t want to be getting all the grading done and the pavers down and then your coming over with the crane to put this...so that really needs to be done first.

Mrs. Labow: Right, that’s number one and then everything else branches from that. It sounds good.

President Greenbaum: Thank you.

Mrs. Dunkle: Thank you.

Questions on Bill List?

President Greenbaum: Does anyone have any questions on the Bill List that have not been raised?

Mr. Tepper: I am curious, on pages #7 & 8, I am looking at the price of fuel. I know we keep talking about how we are going to plan on buying fuel and get a discount. I am trying to understand the purchase dates, it looks like a day apart we spent $1.79 a gallon, $1.97 and then from the same vendor $1.85/9 so I am curious as to why the discrepancy and when are we going to resolve this, in buying in bulk. The second has to do with food allowances. We have two pages starting on #8 & 9 at $100.00 and on #23 we go to a whole group of… it looks like some of them are the same people at $37.00. Is this a food allowance, or a part of overall clothing?

Mrs. Jenkins: I think I probably answered this question. Colleen, I know can answer this...

Mrs. Labow: I can actually answer it.

Mr. Tepper: I will take it from whomever.

Mrs. Jenkins: The boot allowance for the water and sewer employees gets split between the water and sewer budget. It’s $37.00 out of one $63.00 out of the other.

Mr. Tepper: Okay, that’s fine. In reference to the fuel, are we going to...?

Mayor Scapicchio: The bulk purchase on the fuel, our tank isn’t large enough to get the reduced price. I did have a meeting last Thursday. Jim Buell was in attendance. It was in the Middle School. It was a real productive meeting with the business committee of the School board. One of the issues we discussed, not only was fleet maintenance, it was also bulk fuel purchase. We just need to either find a new location for some additional tanks or see if there is room at their present location to add an additional tank. As far as differential and prices, I can’t answer that.


Mr. Tepper: What about the logic of going in and just getting a credit card from one of the local service providers with the logic we are going to buy all of our fuel there and the volume is going to estimate to X and the equated discount. Use a credit card.

Mrs. Jenkins: Right now we buy under the co-op. If you are going to do that, you are going to need to go out to bid. Right now, we buy under the co-op and we get the co-op prices, which is what most municipalities do. It doesn’t preclude us from going out to bid.

Mr. Sohl: You also run into several factors, 24 hour 7 day a week operation.

President Greenbaum: That would be part of the bid.

Mr. Sohl: I am not saying that there aren’t some.

President Greenbaum: There are plenty in Mount Olive.

Mr. Sohl: You also have the accessibility in severe weather, loss of power. We have the ability to keep running up here, they don’t.

Mrs. Labow: That would be part of the contract.

Mr. Sohl: A lot of these stations do not have the ability to discount relative to the sales tax, which we don’t pay.

Mrs. Labow: That’s not true.

Mr. Tepper: I have seen it done in other places where they charge you whatever it is and then remit you back to Delta, which is the taxes.

Mayor Scapicchio: The short answer to the question is, Bill is aware of it. Bill knows that it’s one of the priorities of my agenda. He has briefly looked into it. He has spent the past 60 days on the DPW building, fleet maintenance and now the budget. I think it’s almost to the point now where we have a clean table for him to begin to move forward on some of the issues that were discussed during the campaign.

President Greenbaum: Russ, I am putting it on the Workshop for the 6th.

Mr. Tepper: Thank you.

President Greenbaum: It will be a tickler item.

Mr. Tepper: That’s fine, thanks.

President Greenbaum: Any other Bill List questions? Mr. Russell, did you have anything on the Bill List?

Nelson Russell: I have a question on page #3, an expenditure of over $2,000 for a chair.

Mr. Tepper: A console in Police Headquarters or it’s your chair I am not sure.

President Greenbaum: That’s the new electric chair that the Township has for Councilmembers who speak out of turn and speak too often.

Mr. Tepper: I think page #3, $2,098.00, Mr. Russell?

Mr. Russell: Correct.

Mr. Tepper: At the bottom, Pioneer Network.

Mrs. Jenkins: Rob, we have to look it up. It may be multiple chairs, I don’t know.

President Greenbaum: We will get back on that.

Mr. Russell: Thank you.

President Greenbaum: I am sure that there is a logical explanation.

Mr. Russell: Let’s hope so. That’s an expensive chair.

President Greenbaum: Okay, let’s move on.

APPROVAL OF MINUTES OF PREVIOUS MEETINGS

Oct. 24, 2006 PM
Present: All

Dec. 12, 2006 PM
Present: All

Dec. 19, 2006 PM
Present: All

Dec. 19, 2006 CS
Present: All

President Greenbaum: We have four sets of Minutes.

Mr. Tepper: Yes, Mr. President. I move for approval of the Minutes of October 24, 2006, December 12, 2006, December 19, 2006, and December 19, 2006 CS.

Mr. Buell: Second.

President Greenbaum: Any discussion, deletions, modifications? Roll Call please.

ROLL CALL: Passed Unanimously

CORRESPONDENCE

LETTERS FROM RESIDENTS / ORGANIZATIONS

1. Letter received December 18, 2006, from Lawrence Litwin, Esq. regarding Ronetco Shoprite – Mt. Olive.

2. Letter received December 18, 2006, from Environmental Technology Inc. regarding Available Land Block 3001, Lot 2 (3 Third Street)

3. Letter received January 3, 2007, from Nick Geiger regarding Ordinance against stacking.

4. Letter received January 5, 2007, from Paul Licitra regarding Endorsement of A961.

MUA / HMUA / MSA

5. List of allocations received January 5, 2007, from Musconetcong Sewerage Authority.

RESOLUTIONS / ORDINANCES / CORRESPONDENCE OTHER TOWNS

6. Resolution received December 18, 2006, from the Borough of Chatham regarding support of Assembly Bill 3563 to require the Attorney General to Defend Certain Law Enforcement Officers.

7. Resolution received December 22, 2006, from the Town of Boonton regarding Legalized Games of Chance.

8. Resolution received December 22, 2006, from the Township of Hanover regarding Cigarette Fire Safety and Firefighter Protection Act.


LEAGUE OF MUNICIPALITIES

9. Letter received December 27, 2006, from the New Jersey State League of Municipalities regarding a League Seminar on Civil Unions: How your Municipality will be affected.

10. Letter received December 27, 2006, from the New Jersey State League of Municipalities regarding a League Seminar – 2007 Fiscal Update.

MORRIS COUNTY

11. E-mail received December 13, 2006, from the Division of Community Development, Morris County regarding CDRS Meeting – 12/7/06 Revisions.

DOT / DEP / LOI / HIGHLANDS

12. Public Notice received December 18, 2006, from Jersey Central Power and Light regarding Request for NJDEP Freshwater Wetlands General Permits and Individual Transition Area Waiver for Block 8400, Lot 3. (6 Naughright Road)

13. Letter received December 18, 2006, from the State of New Jersey, Department of Environmental Protection regarding Deficiency Letter for Letter of Interpretation – Line Verification Applicant: The Rockefeller Group for Blocks 105, 106 and 202 Lots 1; 3; and 1. (250 Continental Drive, 30 Continental Drive and 2000 International Drive)

14. Letter received December 18, 2006, from State of New Jersey, Department of Environmental Protection regarding Mount Olive Village, consideration for nomination to the NJ and National Registers of Historic Places.

15. Letter received December 18, 2006, from Malick & Scherer, P.C. regarding Jersey Central Power and Light Company Construction of Drakestown Substation, Revised NJDEP Freshwater Wetlands Permit Application Block 8400, Lot 3. (6 Naughright Road)

16. Letter received December 21, 2006, from NJ Transit regarding 2007 FTA Section 5310 Grant Notification.

17. Letter received December 21, 2006, from the State of New Jersey, Department of Environmental Protection regarding Del al Builders / Mount Olive Township Block 5100, Lot 3 (43 Ramar Street, Flanders)

18. Letter received December 21, 2006, from December 21, 2006, from the State of New Jersey, Department of Environmental Protection regarding Fox Chase – Single Family Residential Subdivision Block 7801, Lots 41.12 – 41.32 (all formerly part of Lot 41) (1-16 Berry & 1-7 Garrison Lane)

19. Letter received December 22, 2006, from the State of New Jersey, Department of Environmental Protection regarding Mollo/Luongo Single Family Home, Block 2514, Lot 2 (53 Pine Grove Road)

20. Letter received January 3, 2007, from Larry Kron, Esq. regarding Donald Storms – Trestle Plaza, Block 5401, Lot 16 – Highlands Council Draft of Regional Master Plan for Development.

21. Letter received January 5, 2007, from Alfredo Escudero & Family regarding Request for NJDEP Freshwater Wetlands General Permits & Individual Transition Area Waiver for Property at Block 8400,
Lot 3. (6 Naughright Road)
DCA

22. Letter received January 4, 2007, from State of New Jersey, Department of Community Affairs regarding The Low Income Home Energy Assistance Program.

UTILITIES

23. Fax received December 21, 2006, from Comcast regarding 30 Day Free Trial.

24. Fax received December 27, 2006, from Comcast regarding Triple Play Service.

25. Fax received December 28, 2006, from Comcast regarding Channel Alterations.

26. Notice of Tree Removal received January 2, 2006, from PSE&G.

27. Letter received January 3, 2007, from Comcast regarding channel changes.

LEGISLATIVE REPRESENTATIVES

28. E-mail received December 28, 2006, from Assemblyman O’Tool regarding receipt of Resolution regarding Legalized Games of Chance.

29. Assembly Republican News received January 4, 2007, from Assemblyman Gregg regarding State spending Caps.

TORT

30. Complaint and Jury Demand received January 5, 2007, from Kiernan & Campbell regarding Jeffery DelVecchio v. Township of Mount Olive, et al.

President Greenbaum: There are 30 pieces of Correspondence this evening. Does anyone wish to discuss any particular piece of correspondence? Seeing none, we will move on.

ORDINANCE FOR PUBLIC HEARING

President Greenbaum: The first ordinance for public hearing is Ordinance #35-2006 entitled:

Ord. #35-2006 An Ordinance of the Township of Mount Olive, County of Morris, and State of New Jersey to Supplement Chapter 102, Documents, Fees for Copies of, Article II, Open Public Records Fees, with the Addition of Sections 102-9, “Failure to Provide Information” and 102-10, “Violations and Penalties”

President Greenbaum: Does anyone from the public wish to be heard on Ordinance #35-2006? Seeing none, I close it to the public. I would ask Mr. Buell to please move that.

Mr. Buell: Thank you, Mr. President. I move Ordinance #35-2006.

Mrs. Labow: Second.

President Greenbaum: Moved and seconded. Any Council discussion? Seeing none. Roll Call.

ROLL CALL: Passed Unanimously

President Greenbaum: Ordinance # 35-2006 is passed on second reading and I hereby direct the Clerk to forward a copy of same to the Mayor and publish the notice of adoption as required by law. The next ordinance for public hearing is Ordinance #36-2006 entitled:

Ord. #36-2006 An Ordinance of the Township of Mount Olive, County of Morris, and State of New Jersey to Amend Chapter 8, Committees and Boards, Article XI, Public Library Board of Trustees.

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

Mr. Tepper: Yes, Mr. President, I move Ordinance #37-2006 for approval.

Mr. Perkins: Second.

President Greenbaum: Any discussion?

Mr. Tepper: One question. Why is the Library Board the only board that has five year terms when every other appointment is four years maximum?

Mr. Dorsey: Statute.

Mr. Tepper: Is it a State Statute?


President Greenbaum: State Statute.

Mr. Tepper: Thank you.

President Greenbaum: The Ethics Board also has five year terms. Roll Call please.

ROLL CALL: Passed Unanimously

President Greenbaum: Ordinance # 36-2006 is passed on second reading and I hereby direct the Clerk to forward a copy of same to the Mayor and publish the notice of adoption as required by law. The next ordinance for public hearing is Ordinance #37-2006 entitled:

Ord. #37-2006 An Ordinance Dealing with the Prompt Payment of Construction Related Bills.

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

Mrs. Labow: I move for adoption and final passage of Ordinance #37-2006.

Mr. Buell: Second.

President Greenbaum: Moved and seconded. Is there any Council discussion? Roll Call please.

ROLL CALL: Passed Unanimously

President Greenbaum: Ordinance # 37-2006 is passed on second reading and I hereby direct the Clerk to forward a copy of same to the Mayor and publish the notice of adoption as required by law.

ORDINANCES FOR FIRST READING

President Greenbaum: The first ordinance is Ordinance #2-2007 entitled:

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

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

Mr. Perkins: Yes, Mr. President. I move that Ordinance # 2-2007 be introduced by title, and passed on first reading, and that a meeting be held on February 13, 2007 at 7:30 p.m. at the Municipal Building, 204 Flanders-Drakestown Road, Mount Olive, New Jersey, for public hearing, consideration of second reading and passage of said Ordinance, and that the Clerk be directed to publish, post and make available said Ordinance in accordance with the requirements of the law.

Mr. Rattner: Second.

President Greenbaum: Just so the record is clear, it is $1.4 million. I don’t know if I read that?

Mr. Buell: You did.

President Greenbaum: Okay. It has been moved and seconded. Is there any Council discussion? Roll Call please.

ROLL CALL: Passed Unanimously with the exception, Mrs. Labow Voted no.

President Greenbaum: Did you have something you wanted to add, Gary? We just approved it.

Mr. Higgins: That’s fine. I don’t know when it’s appropriate to discuss the term under the bond to go to the Local Finance Board. I know there is a resolution coming up making application to the Finance Board for approval of this ordinance prior to your adoption. We do have to discuss the terms we want to request as to the pay back.


President Greenbaum: Is that all that you are waiting for before you exit us this evening?

Mayor Scapicchio: Mr. President, can we pull resolution #6 for discussion?

President Greenbaum: You want to pull #6...

Mayor Scapicchio: Just for discussion, put it on Non Consent. I am sorry.

Mr. Sohl: Number four.

Mr. Tepper: No, #6.

Mayor Scapicchio: There is no #6.

Mr. Rattner: We have a revised Agenda.

Mrs. Labow: It’s #4.

President Greenbaum: We are going to move on with the Agenda. We will get back to the discussion that you want to discuss in just a couple of minutes.

Mr. Higgins: That is the only reason I am waiting here, just so you know.

President Greenbaum: I understand that. We are talking about another two minutes.

Mr. Higgins: I am having a good time tonight.

President Greenbaum: Well, we can change that. The next ordinance is Ordinance #3-2007 entitled:

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

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

Mr. Rattner: Thank you Mr. President. I move that Ordinance # 3-2007 be introduced by title, and passed on first reading, and that a meeting be held on February 13, 2007 at 7:30 p.m. at the Municipal Building, 204 Flanders-Drakestown Road, Mount Olive, New Jersey, for public hearing, consideration of second reading and passage of said Ordinance, and that the Clerk be directed to publish, post and make available said Ordinance in accordance with the requirements of the law.

Mr. Perkins: Second.

President Greenbaum: Moved and seconded. 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 the Release of Performance Guarantees in Connection with Woodfield at Mount Olive Sections 2A and 2B.

2. Resolution of the Township Council of the Township of Mount Olive Authorizing the Execution of a Developer’s Agreement with Seneca Highlands.

3. Resolution of the Township Council of the Township of Mount Olive Authorizing the Release of Performance Guarantees in Connection with Applebees, Lot 9 Block 4100.

4. Resolution of the Township Mount Olive Making Application to the Local Finance Board Pursuant to N.J.S.A. 40A:2-51

5. Resolution of the Township Council of the Township of Mount Olive Authorizing the Resolution of the Tax Appeal Filed by BASF for the Year 2006.

6. Resolution of the Township Council of the Township of Mount Olive Authorizing William Sohl, Business Administrator to Execute a TWA for ITC East Relative to a Gravity Sewer.

7. Resolution of the Township Council of the Township of Mount Olive Authorizing William Sohl, Business Administrator to Execute a TWA for ITC East. (force main & pumping station)

8. Resolution of the Township Council of the Township of Mount Olive Authorizing an Easement Agreement Between the Township and Saint Elizabeth Ann Seton Parish.

9. Resolution of the Township Council of the Township of Mount Olive RE: High Point Insurance/Muehlbauer House.

10. Resolution of the Township Council of the Township of Mount Olive RE: Encompass Insurance/Muehlbauer House.

11. Resolution of the Township Council of the Township of Mount Olive RE: State Farm Insurance Company/Muehlbauer House.

CONSENT RESOLUTIONS

President Greenbaum: We are up to the Consent Resolutions. We have already removed #4. Does anyone else…

Mayor Scapicchio: It is #5 on the revised Agenda.

Mr. Rattner: No. It’s #4.

Mrs. Labow: Number four.

Mr. Tepper: It’s #4, application to Local Finance Board. Number five just revised it.

Mayor Scapicchio: You’re right, sorry.

President Greenbaum: Is there anyone else up here tonight, Dave, which you would like to correct?

Mayor Scapicchio: Well, when you get two different Agendas in front of you, it sometimes gets difficult, or three.

Mr. Higgins: Mayor, many businesses have two sets of books so...

Mr. Tepper: Are you saying, Gary, that we might have two sets of books?

Mayor Scapicchio: I just want to make sure we do the right thing.

Mrs. Jenkins: No, John, I don’t have another set of books that I’m hiding.

Mr. Dorsey: I didn’t say that, it was Greenbaum that said that.

President Greenbaum: Gary, which resolution would you like to have Mayor Scapicchio remove from the Consent Resolutions Agenda?

Mr. Higgins: I believe it would be…I will read it. Resolution of the Township of Mount Olive Making Application to the Local Finance Board Pursuant to N.J.S.A. 40A:2-51.

President Greenbaum: Is that okay #4?

Mr. Rattner: Let’s take a vote.

President Greenbaum: Sorry Dave.

Mayor Scapicchio: I wouldn’t have to go to the meetings if weren’t for being Mayor.

President Greenbaum: I will switch seats with you...Okay, #4 is being removed. Any others being removed? See what you would have missed, Gary?

Mr. Higgins: There are no more ballgames on, so I am free.

Mrs. Labow: There’s no ballgames on tonight?

President Greenbaum: Mr. Tepper, could you please move the Consent Resolutions Agenda which is #1,2 and 3, 4 being taken to the Non Consent and then it is #5 -10.

Mr. Tepper: Mr. President I move Consent Resolutions #1, 2, 3 and 5 – 10.

Mr. Buell: Second.

PUBLIC PORTION ON CONSENT RESOLUTIONS

COUNCIL COMMENTS ON CONSENT RESOLUTIONS

President Greenbaum: Moved and seconded. Is there anyone from the public who wishes to be heard? Mr. Russell, if you would be so kind as to state your name and address for the record.

Nelson Russell, Budd Lake: Resolutions #8, 9 and 10 take care of three quarters of the Muehlbauer House. What is the status of the other quarter?

Mr. Dorsey: The reason why we have been so successful with #8, 9 and 10 is because the juvenile involved in each case had parents that owned a home and had homeowner’s policies. We were able to make an arrangement where those three homeowner’s policies will pay a quarter. The fourth set of parents, as far as I can determine, do not own a home and do not have a homeowner’s policy against which we can collect at the moment. So I don’t know what our ultimate resolution of the fourth portion will be.

Mr. Russell: Thank you.

President Greenbaum: Thank you. Is there anyone else from the public? Seeing none, I close it to the public. Are there any Council comments on the Consent Resolutions Agenda? Roll Call please.

ROLL CALL: Passed Unanimously

RESOLUTIONS NON CONSENT

President Greenbaum: We are up to #4 which is on the Non Consent

4. Resolution of the Township Mount Olive Making Application to the Local Finance Board Pursuant to N.J.S.A. 40A:2-51

President Greenbaum: Before we move the motion. Did you want to address the Council, Mr. Higgins?

Mr. Higgins: Yes sir. We did introduce an ordinance with respect to providing an appropriation under N.J.S.A. 40A:2-51 which is a refunding statute for the outstanding liabilities pertaining to 05’ and 06’ on BASF. Before you can adopt this ordinance, you need the Local Finance Board approval. We will proceed to file the application next week to get on the Agenda in February but a decision has to be made as to the requested payback period of the $1,400,000. Just as a little background, Trenton usually uses, as a rule of thumb, a three year payback on tax appeals. However, that’s only a rule of thumb and they do lean towards other numbers if we can demonstrate a significant burden on the taxpayers with regards to a payout over three years versus another term. A couple years back we did seek a similar request and approval from the Local Finance Board and did receive a six year authorization payback.


Mr. Higgins (cont’d): So what I have done for this evening is I have given you a 3, 4, 5 and 6 payback period for the $1,400,000 using current market rates assuming permanent financing along with some other general obligation water debt that would probably have to be done in upcoming months anyway. So this would be folded in as another series of debt. We really have to make a choice. There is no guarantee we will get what you request but I have to get some consensus as to a choice to put in the application as to the maximum amount. So obviously, if you make it five, you’ll take anything below that with regards to the payout. Going through the scenarios, I have given you and really it is the far side, I guess, that’s important is the cost in dollars on an average year, excluding the first year, where there is only an interest payment per $100.00 assessed valuation. The first scenario, for three years it’s $25.00 a year per $100.00 of assessed valuation. Of course, if you take a $200,000 which is somewhat closer to the average, it would be $50.00. On a four year
payout it runs a gamut from $18.00 to $20.00 or to an average home, $36.00 to $40.00. On the five year payout you are $14.00 to $17.00 which is $28.00 to $34.00 and then finally the sixth runs $12.00 to $14.00 or on a $200,000, $24.00 to $28.00. The only real turn here is from the first scenario to the last, you have roughly $90,000 more in total interest cost. This is the function of the longer term of a loan and also a small but we have imputed a 5% basis point, 5/100 change in the rate due, to the six years versus the three years and to a $100,000 assessed valuation it equates to more $5.00 between a three year and a six year payout. So we need a consensus as to what you would like to request as the maximum payout period.

President Greenbaum: What’s the Administration’s position with respect to the length of the payout?

Mayor Scapicchio: Six years.

COUNCIL COMMENTS ON INDIVIDUAL RESOLUTIONS

President Greenbaum: Anyone on Council?

Mr. Buell: Yes, question. We don’t know what the 4% hard CAP that Trenton is now talking about is or anything about that but how will that effect...if they institute a 4% hard CAP, we’re already at this point going into this budget year, we are talking a 10% tax increase before we do anything. What’s the...

Mr. Higgins: Just like you opened up with, I don’t think anybody understands what the 4% CAP is on. I assume they are trying to do it on a tax levy versus spending because with all the exceptions on the spending side 4% isn’t working on the levy side. If it was on the levy side, I don’t know, typically, if they are going to strap the outstanding bond holders to that. Usually debt services are excluded because it would probably lean toward a negative impact on everybody’s bond ratings if it could be impacting future debt service payments. At this point nobody knows. Debt service is usually out of the equation.

Mr. Rattner: Jim, I think it’s going to have to be quite a few things. I looked at that and went bananas when I first read the newspaper. I think we talked about it because we have State mandates. I mean forget about our contract that we have already settled which would take apart. Look what they are doing? They are telling us we have to increase our pension payments to the State. If you take some of those things, we’re over. So I would imagine...and this was only a proposal by somebody and it is going to be awhile before they get it in. They are going to have to put it in, we don’t know. Different things could be excluded, just like even with the CAP, there is a whole section in CAP, out of CAP and if you already have debt that’s structured, especially if it increases over here, what are they going to do make you...

Mr. Buell: That’s what I am thinking about...

Mr. Rattner: We don’t have a clue where that is going.

Mr. Buell: I would go actually to the three year, I think that would increase our debt and if we had a 4% CAP, it would help us...

Mr. Rattner: I look at three years for a different reason. Maybe I can get talked into four? We heard tonight there are going to be other things coming up. We don’t know about in the future that if there are going to be other bonding that we are going to have to do, it starts getting ridiculous, at least my point of view, and this is my conservatism, is that in the year 2013 we are still going to be paying back taxes that we had to refund for the year 2006 and that’s causing us some...what we usually do when put on new debt is, we look at when debt gets retired before you start putting on more so you don’t increase your budget that much.

President Greenbaum: Steve, do you want to go to three years or four years? What are you putting on the table?

Mr. Rattner: I would like three years but since the rate is about the same for three or four, I am willing to go to four but even four brings it to 2011. I couldn’t go to 2013.

President Greenbaum: Four years has been put on the table by Mr. Rattner.

Mr. Buell: I would agree...

President Greenbaum: That’s two at four years. Mr. Tepper, do you agree with that or the Administration is looking for six years.

Mr. Rattner: That is still a five year payout.

President Greenbaum: I understand.

Mr. Tepper: The first year is a dollar. I can live with four years.

President Greenbaum: That’s three.

Mr. Buell: Yes, I can live with four years.

Mrs. Labow: Four.

President Greenbaum: Four years?

Mr. Higgins: Four for four?

President Greenbaum: Yes.

Mr. Higgins: Okay, we will proceed to prepare the application based on that and...

President Greenbaum: Let’s get a motion. Let’s get a motion on the table. Mr. Rattner, do you want to move...

Mr. Dorsey: Move resolution #4...

President Greenbaum: We still have to hear from the public before we vote.

Mr. Rattner: Okay. I move the Resolution of the Township Council of Mount Olive Making Application to the Local Finance Board Pursuant to N.J.S.A. 40A:2-51 requesting a term of four years.

Mr. Tepper: Second.

PUBLIC PORTION ON INDIVIDUAL RESOLUTIONS

President Greenbaum: Moved and seconded. Is there anyone from the public who wishes to be heard? Seeing none, I close it to the public. I assume we don’t need any further Council discussion. Roll Call please.

ROLL CALL: Passed Unanimously

MOTIONS

President Greenbaum: Okay, we are up to Motions. The first one is:

1. Appointment of Eugene Terrezza to the Solid Waste Advisory Committee for a 2 year unexpired term expiring 12/31/07.

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

Mr. Buell: I move the appointment of Eugene Terrezza to the Solid Waste Advisory Committee.

Mr. Labow: Second.

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


ROLL CALL: Passed Unanimously

President Greenbaum: The second one is:

2. Appointment of Philip Maenza, Municipal Court Judge for a 3 year term expiring 12/31/09.

President Greenbaum: This is a redo due to a technical issue with his original appointment. Mr. Rattner do you want to move...

Mr. Rattner: So moved.

Mrs. Labow: Moved and seconded. Any discussion? Roll Call please.

ROLL CALL: Passed Unanimously

President Greenbaum: The next one is:

3. Approval of Raffle Application #2181 for the Mt. Olive Jr. Baseball Softball Assn.

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

Mr. Tepper: Certainly. I move for approval of Raffle Application #2181 for the Mt. Olive Jr. Baseball Softball Assn.

Mrs. Labow: Second.

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

ROLL CALL: Passed Unanimously

4. Bill List

President Greenbaum: The last item on the Motions list is the Bill List. Mrs. Labow, do you want to move that please?

Mrs. Labow: I move the Bill List.

President Greenbaum: Is there a second?

Mr. Buell: Second.

President Greenbaum: Moved and seconded. Any discussion?

Mrs. Labow: Did we find the answer to that chair yet?

President Greenbaum: Has that bill already been paid?

Mr. Tepper: Two chairs.

Mrs. Labow: Two chairs?

Mrs. Jenkins: No. It is on the Bill List. We purchased two chairs for the dispatch area. They are having a problem because of the extensive use. Obviously, that area is used 24 hours a day. They had to keep replacing chairs. My understanding is that they bought these chairs that are heavy duty ergonomically designed and have a five year warranty on them.

Mr. Tepper: A $1,000 chair.

President Greenbaum: Alright, $1,000 a chair.

Mrs. Labow: A $1,000 chair.

Mr. Rattner: Plus shipping and set up.


Mrs. Jenkins: Don’t yell. I am just the messenger here.

Mr. Rattner: You know, in all seriousness, in the corporate world when they buy industrial or the corporate type of equipment, desks can run $2,000. A file cabinet can be $800.00. If you want it heavy duty and a $1,000 is on the expensive side. Even office desks, I think, we are talking $400 but they are only used eight hours a day.

Mrs. Jenkins: If you want, I will go grab one and you can bring it down here.

President Greenbaum: What account did the money come out of?

Mrs. Jenkins: Out of capital.

President Greenbaum: Out of capital?

Mrs. Jenkins: Yes, it was related to their whole console area...

President Greenbaum: Oh, the whole transaction, with the whole replacement of the...

Mrs. Jenkins: Yes, it’s related to that whole project.

President Greenbaum: Colleen, do you want to move it?

Mrs. Labow: Yes, I did already.

President Greenbaum: You did already?

Mrs. Labow: Second.

President Greenbaum: It’s moved and seconded already? Roll Call.

ROLL CALL: Passed Unanimously

ADMINISTRATIVE MATTERS

Mayor Scapicchio: None.

OLD BUSINESS

NEW BUSINESS

President Greenbaum: Old Business, New Business?

LEGAL MATTERS

Mr. Dorsey: I would just note that the very perceptive question relative to the resolutions on the Muelbauer house correctly reflects that we are almost through with that. I expect within two weeks to have the money in hand.

COUNCIL REPORTS

Recreation Liaison Report

Mr. Biondi: None

Board of Health Report

Mrs. Labow: If I could just to make a quick comment on the Recreation report. January 20th is the Winter Festival. I would assume he would have been announcing that if he was here. 1:00 to 6:00...

President Greenbaum: Didn’t we have, the Winter Festival had to be cancelled last year because there wasn’t any snow and then they re-scheduled it and then we got too much snow?

Mr. Rattner: Cancelled because of snow.

Mr. Tepper: We had a blizzard.

Mrs. Labow: We had a blizzard.

President Greenbaum: Once the All Veteran’s Memorial is all completed and is beautiful I know that the thought was what are we going to do with the parade? Perhaps, a thought is, maybe what we do is transition the parade into a Mount Olive Festival so that Turkey Brook Park becomes a show place for the municipality and we do it in such a fashion that we honor the Veterans up there rather than not necessarily a parade, but festivities.

Mrs. Labow: That’s a good idea.

President Greenbaum: In any event, we are up to the Board of Health Report.

Mrs. Labow: We meet 17th.

Planning Board Report

Mr. Tepper: Meets Thursday.

Board of Adjustment Liaison Report

Mr. Perkins: Yes, Mr. President. The meeting was held last night. The Chairman is Donald Hill, Vice Chair is John Cavanaugh, Secretary is Lauren Perkins, Michael Carroll again as Attorney, Planner Chuck McGroarty of Banisch, Engineer is Gene Buczynski. Resolutions of meeting dates and the annual reports were approved. Mount Olive Chronicle was picked as the paper. Site plan review committee was to be handed on to Alex Roman, Planning Board Liaison is James Staszak and Catherine Natafalusy, Environmental Commission is Dan Nelsen. Our rules of procedure were approved. Ternberry is attentively to be discussed February 12th though that’s not agreeable with their attorney right now, so that may get pushed off a little bit. The annual report was submitted. The Board is making a recommendation to amend Section 400-100.1 of the Township Land Use Ordinance. We want to provide relief for bulk standards for residential lots to include pools. Right now it doesn’t include pools, it includes sheds and decks. Obviously, you can’t go back and apply those standards if a pool is not in there for bulk relief. They would like that added.

Open Space Committee Report

Mrs. Labow: We met last night. Just a recap of everything that was…that we have been talking about, nothing is really finished up just yet so maybe next one I will have more news.

Legislative Committee Report

Mr. Biondi: None

Pride Committee Liaison Report

Mr. Perkins: Yes, Mr. President. We meet January 16th we are going to be hooking up with our Business Administrator to see who’s going to be the new administrative liaison. Hopefully, we will start bringing new members on board.

Board of Education Liaison Report

Mr. Buell: Yes, they met last night and several interesting issues. The first one is that they discussed the medical insurance increases that they are expecting in their budget. They think it is going to be between 9 and 12%. Their insurance company is asking for 16%. I expect we are looking at the similar kinds of increases.

Mr. Sohl: We have already negotiated.

Mr. Buell: So we are not looking…

Mr. Sohl: It came in, as I recall, at 15%. It was negotiated down.

Mrs. Jenkins: Yes, the increase actually was not that bad for us. I was very surprised. I can tell you the dollar figure.

Mr. Buell: That is good news to hear.

Mr. Sohl: They are locked for the year already.

Mr. Buell: These are larger increases this year on their budget this year than last year’s budget increases, so we are going to be looking forward to that. The second interesting thing that they talked about were the busing issues related specifically to the second runs, mainly at Morris Chase, and second runs in general and busing with other school districts. That’s probably peripheral because they’re obviously working on the issue of the second run at Morris Chase. During the discussion, the issue of privatization or outsourcing came forward and the Board of Education did make the comment, almost the entire group indicated, that we would never vote for outsourcing on our bus drivers or our cafeteria. It sounds like they have dug in on that particular issue and not to the point where they want to consider it open.

President Greenbaum: What studies were done by them? Are we aware of what studies they have preformed to look at those issues because during last year’s budget hearings one of the issues was it wasn’t necessarily that they were going to agree to outsourcing of anything but they did agree to perform, to actually perform studies to see if, in fact, money, significant dollars, could be saved through outsourcing and to identify all issues that outsourcing would raise. After the budget hearings, I contacted them on at least two or three occasions giving them the names of people who are involved in the industry asking them to contact these individuals to get these studies forthcoming. As far as I can tell, none of these people were ever contacted and I don’t know what studies actually were undertaken by the Board of Education and that’s fine for them to take that position so long as their budget doesn’t go down because if their budget goes down again, you can bet that the questions that are going to be asked by Council, “What did you do, who did you speak to, where are the numbers, what did the studies show?” They better be prepared for that if, in fact, the budget goes down.

Mr. Buell: That’s the reason I brought this up because I felt that that would be your feelings. That is my feelings. Should we officially inform them then?

President Greenbaum: Jim, I leave that to your discretion. The bottom line is it was made quite clear to them during the hearings that we had last year after the failed budget and it’s going to be problematic to the extent that they haven’t done their homework. The unfortunate thing is whatever action we as a Council take impacts the educational needs of our students. Jim, I will write a letter to the Board of Education on that issue. I will take care of it.

Mr. Buell: Okay.

President Greenbaum: Okay, what else do you have?

Mr. Buell: That’s it.

Lake/Environment Issues Committee

Mr. Rattner: Thank you, Mr. President. What I have is, and I guess that is why Gene has stayed, on New Year’s day everybody knows I sent an email out with some pictures. The only response I got back, at least from my piers, was get the camera away from Rattner. It was an issue and it was the same as what happened in the last couple of days. I happened to be driving by the lake and happened to see a brown streak that went right across the lake and traced it back. Since then the Administration, the Business Administrator specifically has been keeping us abreast of what he has done, contacting Soil Conservation, Gene Buczynski and everybody else. In fact, on Tuesday I also had emailed that the rain stopped because we were watching it and about the flow so I do appreciate the extra work on there. Today we received an email from Dave Tomb, the secretary of the Lake Committee, which was given the responsibility of monitoring the lake. He has some pictures that he actually took of the brown streak going across the lake and we really have a concern because there are a lot of things going on in the lake. We know that we got a lot of silt when Turkey Brook was being developed. We got a lot of silt from Lakeview Estates. In fact, they are being blamed for part of the reasons why we can’t use ice skating any more because of the flow coming down and keeping water moving close to the beach. I think it is very critical we also have a road now that’s under water 50% of the time, Manor House Road…or Stone House Road…Stone House by the marina and I guess we were looking there. I know we were told everything is in place, everything is working the way it is supposed to be. At the same time, it’s just that the soil or the sand is so fine that it’s going through the netting but what can you do.

Mr. Rattner (Cont’d): If you have a line going across the lake it is disconcerting and obviously it’s something that is highly visible, so I just want to keep everybody abreast of it. I don’t know if the Administration or Gene, your sitting here because you knew it was going to come up I am not sure. We do have the issue I know their retention basins don’t have any water in it. Their big retention basin…there hasn’t been any water in it yet.

Mr. Buczynski: There will be now.

Mr. Rattner: Oh, and then the mud won’t go in the lake?

Mr. Buczynski: They put a standpipe in on Friday. I was up there during the storm the other day. Bill is aware of it. The first thing I said on the site was, it rained all night, how come there is no water in that basin where the standpipe is. They excavated around the standpipe today which I figured, when there was no water in there, the pipe between the outlet structure and the standpipe has to be grouted, which they grouted it but when they grouted it the other day and threw stone on it, they disrupted the pipe and the grout was basically loose. So water was not being retained in the basin. It was getting around the stone and into the pipe going to the outlet structure. Will it take care of all of the problems at the lake? No. Not right now. It will take care of a good portion of it, they fixed it today and as soon as they fixed it, I didn’t expect a problem yet. Actually, Frank called me, Frank Dolan was out there. He said they fixed it and right away the water went up a good foot, water could still come in. So that is a big change.

Mr. Rattner: The big thing that really concerned me is that on the 1st I believe we got about ¾ inch of rain, Tuesday morning, if I look at weather bug because the rain gage at the Chester M. Stephens School is not working. So I averaged and I looked at what’s in Byram, Randolph and around us and it averaged from .5 to .6. What I am worried about is what happens when we get maybe 2” in a 24 hour period, which is not really unusual, it’s hard, it’s a heavy steady rain.

Mr. Buczynski: Rob has said this before. During construction the problem you have right now is water is now getting into the detention basin through a pipe system. They are building the pipe to get to the detention basin now. When all the pipes get in, which will be in about three or four weeks, you will see a vast improvement. Right now you’re getting a lot of overland flow, so you are getting more silt coming in you got a lot of disturbed area out there which they are doing in accordance with the approved plans from Soil Erosion. Right now the water is going overland so you’re getting silt. Eventually what’s going to happen, it’s going to go into the inlets, which is going to have silt fabric on them and then it’s going to go into the detention basin, directly into the basin and it’s going to settle in the basin. So you will have a marked improvement in about another four or five weeks. Unfortunately, this is the way it is on a project of this size.

Mr. Rattner: Okay, I am just worried because if you look at the channel behind where the old municipal building is, the water depth is lessening on a yearly basis. You can see it’s filling in. The soil, or whatever, the silt is coming from some place and at some point it is going to be completely filled in. We know with the beavers, we can’t even go in there and clean out their dams until what, in January because we have to worry about them. It is having an adverse effect on the lake.

Mr. Buczynski: Unfortunately Steve, from design standards for soil erosion 70 to 75% trap efficiency. So the design standards say 25% of the silt can leave.

Mr. Rattner: If you have so much of a disturbance and you have a million pounds of soil going through, that’s 250 that gets into the lake because you just said it is such a big area.

President Greenbaum: What is it that you want Gene to do?

Mr. Buczynski: I can just tell you the facts.

Mr. Rattner: Nothing. It’s just that we have to keep aware that it is damaging the lake.

President Greenbaum: The bottom line is we are going to wind up with less lake and more beach.

Mr. Rattner: Well, a couple of years ago cowboy’s beach actually got bigger. He didn’t want to complain because he liked the idea it went out further.

Safety Committee Liaison

Mr. Perkins: Meeting tomorrow night.

Finance Committee Report

Mr. Rattner: Nothing to report at this time.

President Greenbaum: I just want to commend the Finance Committee in terms of the activity that they have undertaken.

Mr. Rattner: Well, it was basically to listen to the Mayor.

Economic Development Committee Report

Mr. Rattner: Nothing to report.

Solid Waste Advisory Committee Report

Mrs. Labow: Didn’t meet yet.

Library Board Liaison

President Greenbaum: Next meeting, tomorrow?

Mr. Tepper: Tomorrow.

President Greenbaum: Okay, nothing new to report with respect to the Library?

PUBLIC PORTION

President Greenbaum: At this point I will open it up to the public. Is there anyone that wishes to be heard? Mr. McDonnell?

Ned McDonnell, Budd Lake: Two questions on the Bill List. Actually, it is one question. On page #6, there’s a reimbursement for League expenses and on page #12 there is a reimbursement for League expenses. Two different people about the same amount of money, I assume that these have something to do with recreation? What League expenses are these?

President Greenbaum: That would be the League of Municipalities.

Mr. McDonnell: Oh, because I see Jill Dagon’s name. It’s nothing to do with sports leagues or anything like that?

President Greenbaum: No. It’s reimbursement for the League of Municipalities. I would assume.

Mr. Rattner: I just wanted to say that most of the employees that go down to the League also take the different classes and seminars. They have very specific areas, especially, people who need continuing education credits. That’s actually the cheapest way to get them is to take the classes down there.

President Greenbaum: Thank you. Is there anyone else from the public who wishes to be heard? Seeing none, I will close it to the public.

COUNCIL COMMENTS

President Greenbaum: Sherry, anything this evening?

Mayor Scapicchio: Why don’t you just tell him you are giving him the budget on Tuesday?

Mrs. Jenkins: We are giving you the budget on Tuesday.

President Greenbaum: I look forward to it.

Mr. Sohl: None.

Mayor Scapicchio: No comments.

President Greenbaum: Monday is a holiday.

Mayor Scapicchio: Monday is a holiday.

Mr. Tepper: I have no comment.

Mr. Buell: No comment.

Mrs. Labow: Nothing.

Mr. Perkins: Nothing.

Mr. Rattner: No comment.

Mr. Dorsey: Nothing, thank you.

Mrs. Lashway: No.

President Greenbaum: Me either. Motion to Adjourn.

Mr. Perkins: So moved.

Mrs. Labow: Second.

ADJOURNMENT

Motion was made and seconded, all in favor and none opposed, the meeting was adjourned at 9:51 pm.

_______________________________
Robert J. Greenbaum, Council President


I, LISA M. LASHWAY, Township Clerk of the Township of Mount Olive do hereby certify that the foregoing Minutes is a true and correct copy of the Minutes approved at a legally convened meeting of the Mount Olive
Township Council duly held on February 13, 2007.

_____________________________
Lisa M. Lashway, Township Clerk

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