Mt. Olive Township Council Minutes
June 12, 2007

The Regular Public Meeting of the Mount Olive Township Council was called to Order at 8:20 pm by Council President Greenbaum with the Pledge of Allegiance.

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

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

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

Absent: None

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

Questions on Bill List?

President Greenbaum: Are there any questions on the Bill List which have not been addressed?

Mr. Buell: Yes, I have two questions. I’m sorry Sherry that I didn’t send you an e-mail on this 07-0348 and 07-1010, a barrier gate for $2,200.00.

Mrs. Jenkins: Do you actually have the page number, because it’s hard for me to look it up. Do you have the page number that it’s on?

Mr. Buell: No, this is from the invoices themselves.

Mrs. Jenkins: Okay. Can you tell me what they were then? Because I can’t look it up that way on the Bill List.

Mr. Buell: Yes, the 34806 was an on line Cablevision line from here to the Middle School.

Mrs. Jenkins: Yes.

Mr. Buell: And the 071010 was a barrier gate for $2,200. I just wondered where that was and what that purpose was for it.

Mrs. Labow: Isn’t that the gate… isn’t that the one over by the apartments in that development off of 206?

Mr. Buell: Well, that’s what I… no I remember it’s…

Mrs. Jenkins: Tim actually has one.

Mr. Quinn: That is a gate replacement over on Flanders Netcong Road, the dead end section going up by the transfer station.

Mrs. Jenkins: Oh, okay.

Mr. Quinn: And we plan on, if this one works out well, plan on getting a second one up over on the Gold Mine section by Tanglewood.

Mr. Buell: Were people going around it, is that the problem? Or going…?

Mr. Quinn: Cutting the locks, ramming the gates, you name it, they’re getting through. I think in the past two weeks I probably had about four locks cut off of it, so we’re trying different locks, different cables. When they can’t get through the cables and the locks they’ll start ramming the gates. Now, the big wooden gates that we used to have both the same things happened and they finally just ran them over. So we’re doing what we can to close it up, but still make it accessible for emergency vehicles.

President Greenbaum: Thank you. Anything else, Mr. Buell?

Mr. Buell: No, those are the only two.

President Greenbaum: Any other questions on the Bill List? Okay. We’re going to move on.

APPROVAL OF MINUTES OF PREVIOUS MEETINGS

President Greenbaum: There are no Minutes for approval from previous meetings.

CORRESPONDENCE

LETTERS FROM RESIDENTS / ORGANIZATIONS

1. Spring 2007 Publication received May 22, 2007, from the Morris Habitat for Humanity regarding Restore Grand Opening, Denville Groundbreaking, Hopatcong Groundbreaking, Bike and Hike/Car Show, Lawyer’s Breakfast, Jefferson Groundbreaking and Mine Hill Office Open House.

2. Letter received May 24, 2007, from Ted and Kathy Deats, Flanders regarding School House Lane Drainage.

3. Letter received May 29, 2007, from Paul Montabano for IBEW Local 102 regarding 300 Continental Drive, Mount Olive, Police Brutality, and Deprivation of Civil Rights.

4. Letter received May 30, 2007, from Cheryl and Peter Goodwin regarding Shop Lane, raising of grade.

5. Information received June 8, 2007, from Mount Olive Area Chamber of Commerce regarding the June business meeting.

6. Resolution received May 21, 2007, from the Borough of Netcong regarding Overcrowding of Certain Dwelling Units.

7. Resolution received May 22, 2007, from the Borough of Stanhope regarding the Master Plan Re- examination Report.

8. Resolution received May 22, 2007, from the Borough of Kinnelon regarding the Support of S-2507 Reporting of Lyme Disease and Supplementing Title 26 of the State Statutes.

9. Resolution received May 23, 2007, from the Township of Parsippany – Troy Hills regarding Support of Senate Bill 135/Assembly Bill 785 as they Pertain to Overcrowding of Certain Dwelling Units.

10. Resolution received May 29, 2007, from the Township of Monroe regarding Abbott-Burke Reform.

11. Resolution received June 5, 2007, from the Town of Boonton regarding the Reporting of Lyme Disease and Supplementing Title 26 of the State Statutes.

LEAGUE OF MUNICIPALITIES

12. Letter received May 23, 2007, from the New Jersey State League of Municipalities regarding “High Performance Redevelopment: A Conference on Brownfields Redevelopment and Green Building, Energy and Affordable & Sustainable Housing.”

13. Program Information received June 1, 2007, from the Morris County League of Municipalities regarding “Morris Tomorrow.”

MUA / MSA

14. 2006 Audit received June 8, 2007, from the Musconetcong Sewerage Authority.

15. Minutes received June 8, 2007, from the Musconetcong Sewerage Authority regarding the May 9, 2007 meeting.

DOT / DEP / LOI / HIGHLANDS

16. Letter received May 21, 2007, from the State of New Jersey, Department of Environmental Protection, regarding Extension of a Letter of Interpretation – Line Verification Applicant: Toll Brothers, Inc. Block 4400, Lots 86 & 108 (39 Sovereign Drive & 152 Flanders – Netcong Road).

17. Letter received May 25, 2007, from the State of New Jersey, Department of Environmental Protection, regarding Hackettstown Congregation of Jehovah’s Witness Block 8300, Lot 5.01 (11 Stephens Park Road) Agency Determination: Highlands Act – Not Exempt, Water Quality Management Plan – Consistent.

18. Letter received May 29, 2007, from the State of New Jersey, Department of Environmental Protection, regarding Treatment Works Approval No. 07-0138 – Sludge Thickening System.

19. Letter received May 29, 2007, from Richard Johnson, PE, CME regarding Stream Encroachment / Wetlands Application Block 4600, Lot 29 (16 North Road).

20. Historic Preservation Bulletin received May 30, 2007, from the New Jersey Department of Environmental Protection, Historic Preservation Office, regarding the Past 40 years of Historic Preservation by the State of new Jersey, New Jersey’s “Road” to the ’66 Act, and Policy and Historic Preservation: A Preliminary Research Agenda.

21. Letter received May 31, 2007, from the State of New Jersey, Department of Transportation, regarding FY 2008 Municipal Aid Program.

22. Letter received June 6, 2007, from the State of New Jersey, Department of Environmental Protection, regarding approval of extension for Remedial Investigation Report for Koskulics Residence, 5 Summit Avenue, Mount Olive.

23. Letter received June 6, 2007, from Ecol Sciences, Inc. regarding Survey Revisions for a Letter of Interpretation for Block 102, Lot 1, Block 106, Lot 3 and Block 202, Lot 1 (250 & 30 Continental Drive, 2000 International Drive) Applicant: The Rockefeller Group.

24. Letter received June 7, 2007, from Chester, Ploussas, Lisowsky Partnership, LLP regarding Stream Encroachment Permitting Application for 700 International Drive, Block 104, Lot 4.

25. Highlands Applicability and Water Quality Management Plan, Consistency Determination Application Form (Highlands Applicability Determination) received June 7, 2007, from the New Jersey Department of Environmental Protection regarding 341 Route 46, renovation of existing gas station. Applicant: Dr. Parminderjeet Sandhu.

26. Letter received June 8, 2007, from McConnell, Lenard & Campbell, L.L.P regarding Highlands Exemption Application for Riad Development Corp., LLC Block 6800, Lot 2 (286 Route 206).

UTILITIES

27. Program information received May 29, 2007, from the South Branch Watershed Association regarding Stream Restoration Dvoor Farm Rehabilitation.

28. Fax received June 7, 2007, from Comcast regarding State Sales Tax.

MORRIS COUNTY

29. Minutes received May 22, 2007, from the Morris County Planning Board regarding the April 19, 2007 meeting.

30. Annual Report received June 4, 2007, from the Morris County Planning Board regarding “Development Activity 2006.”

31. Memo received June 7, 2007, from the County of Morris regarding an iInvitation to submit proposals to provide transportation services for senior and disabled residents in Morris County.

MISC

32. Letter received May 29, 2007, from ANJEC regarding reimbursement for Smart Growth Planning Grants Program contribution toward the cost of developing a Natural Resource Inventory.

COAH

33. Letter received May 30, 2007, from John A. Fenimore, Esq. regarding COAH Contribution for Anthony Guidi, 80 Flanders Road, Block 7600, Lot 73.

LEGISLATIVE REPRESENTATIVES

34. E-mail received May 18, 2007, from Congressman Frelinghuysen regarding Immigration: We are Nation of Laws, Frelinghuysen: Budget Deal is Raw Deal, House Authorizes Department of Defense Budget, and Bill Will Put More Police on the Street.

35. Letter received May 22, 2007, from Congressman Frelinghuysen regarding election technology and practices.

TORT

36. Letter received May 29, 2007, regarding Tort Claim Notice Pursuant to NJ Statue Annotated 5900:1- 1,et. Seq., IBEW Local 102 of 50 Parsippany Road, Parsippany, NJ.

President Greenbaum: There are 36 pieces of Correspondence on the amended Agenda. Does anyone wish to discuss any particular piece of Correspondence? Mr. Buell, then Mr. Tepper.

Mr. Buell: Yes # 2, School House Lane drainage. I talked to Bill Sohl about this and I also asked about it at the Board of Education meeting last night. The residents of 10 School House Lane sent us a long letter with pictures showing the drainage problems. I asked the School Board specifically last night, what is the resolution of this? They indicated that Turner Construction and Prisco have now built the softball field which is the major problem here, to specifications, and they say that they think the drainage problem coming from the School through 10 School House Lane has been corrected. They’re going to have to wait until it rains to make that determination whether or not that’s the case. Is it over? I don’t know. The other comment that they made to me, after they said that the drainage from the School has now been corrected, is that this will now probably create a drainage problem on 10 School House Lane. Their drainage, I think, from their lot drained across the softball field previously, and we now have got a situation where their drainage has got to go some place. So we may or may not have fixed this problem.

President Greenbaum: Is it on this issue Mr. Rattner?

Mr. Rattner: Yes.

President Greenbaum: Yes, go ahead.

Mr. Rattner: They suggest to the School Board, since they have the $350,000 that’s left in the bond, that they were looking at what’s the priority and what they have to fix so that they don’t spend that until they understand what the resolution is going to be, because…

Mr. Buell: They no longer have $350…

Mr. Rattner: Oh, they already spent it?

Mr. Buell: They had $271,000 and they’ve spent about $100,000 so now they’ve got $171,000.

Mr. Rattner: Then let’s go there and at least if nothing else, just in a Council, and remind them, because, you know, this is not something that’s a surprise. The residents have been putting up with it for a while. I mean we’ve all taken pictures there, so we know it’s an issue. If it wasn’t in the design, if they can’t go back after somebody, whatever they have to do to resolve the problem, I think for $100,000 or $170,000 they can do that and a lot more.

Mr. Buell: Yes.

President Greenbaum: Mr. Tepper?

Mr. Tepper: My question was to Mr. Rattner regarding if they were draining their property on to the School all these years, and the School has now built properly so that their water doesn’t drain on the School property but stays on their own, is the School responsible?

President Greenbaum: Not if there’s… it depends, there are a number of different legal issues that would be involved. Number one, is there an easement that would allow for the drainage? Probably not. How long has it been occurring for? Is there some kind of equitable…?

Mr. Tepper: It’s…

Mr. Rattner: No.

Mr. Tepper: It’s just a question that I asked. The statement was made that they were draining on to that area where the softball field was, so they were utilizing that property. So I think the issue is larger than what the residents think, whether it’s the cause of the School or not.

President Greenbaum: Well, ultimately it may be the subject of a lawsuit between the homeowner and the School Board in terms of who is responsible.

Mr. Rattner: But there’s a certain amount, you know, when you talk about water it’s first come first serve.
But the big thing is, though, it can be handled. All they have to do is pipe it out into one of our storm drains there, and as long as it’s piped, instead of going overland they go under land. It’s only a matter of cost. It has nothing to do, I mean it’s not that hard, that part to resolve, because you can see where the water is coming from. What you have to do is channel it into a storm drain.

President Greenbaum: Yes.

Mr. Rattner: I mean the permitting may be a problem, but the cost isn’t.

President Greenbaum: Not necessarily, it’s more than taxes, it’s actually… Mr. Sohl did you have something to say?

Mr. Sohl: Yes, just as a point of reference, the School Board speaker did in fact issue a letter to the residents that was sent out, where they basically totally owned up to the problems being made. “They” being the Board of Education.

Mr. Rattner: Well the Board did that a couple of months ago…

Mr. Sohl: Well they did it again…

Mr. Rattner: …and they gave them until June 1st to correct it.

Mr. Buell: And now they’ve corrected it, supposedly.

Mr. Sohl: Fifteen days ago.

President Greenbaum: Well, unfortunately it’s not something that the Township, or fortunately it’s not something that the Township caused. It’s a School issue and it has to be resolved between the homeowner and the School Board, and it sounds like it’s moving that route.

Mr. Buell: Yes, it is, but ultimately Steve may be correct because ultimately if they have to pipe it underneath, or do something else with the drainage, the drainage is going to come in to our storm drain.

Mr. Rattner: Yes, and that’s the acceptable way of doing it.

Mr. Buell: That’s the way it should be.

President Greenbaum: Then it becomes a Township issue at that point.

Mr. Buell: Yes.

Mr. Rattner: Yes.

President Greenbaum: Mr. Tepper, you have the floor.

Mr. Tepper: My question has to do under item #36 on Tort regarding the court claim notice having to do with the IBEW protest thing. I believe we had charged several people with inciting a riot, and my question is, one, is there an update on status on that? And two, are we allowed in any way, shape, or form to recover for costs for bringing in the other Towns and any overtime that was incurred by having to deploy so many people under this riot?

Mr. Dorsey: No, I know of no way that you can get reimbursed. Nothing further has occurred beyond the notice and tort claim. No suit has been filed. You know, a lot of these things in connection with these labor actions kind of fade away after a while one way or another. There is no way at this point that you can recoup whatever overtime you had.

Mr. Tepper: It’s just the normal course.

Mr. Dorsey: It could be a different set of circumstances if it had gone on and on, and there had been various orders issued, which they violated, but it seemed to get straightened out fairly quickly.

Mr. Tepper: Alright.

Mr. Dorsey: The Chief was in contact with me right away, and I said you should turn over all of your responsibilities to the Sheriff’s office. I think at first he thought I was demeaning him, but then recognized the value of turning it over to somebody else and did so forth with.

President Greenbaum: Just so you know there’s a six month period prohibition against filing a lawsuit subsequent to filing a notice of tort claim. So, they have to wait six months. It’s an opportunity for the municipality of public entity to do some discovery into the claims that are asserted in the notice of tort.

Mr. Tepper: Thank you.

President Greenbaum: Mayor?

Mayor Scapicchio: This is information several days after that incident occurred. Bill Sohl and myself were briefed by the Chief and the Captain after they thoroughly reviewed the video tape and audiotape, and they are confident that they followed all of the appropriate procedures necessary, so…

President Greenbaum: Notwithstanding that we may still end up getting sued?

Mr. Buell: Yes.

Mayor Scapicchio: Absolutely.

President Greenbaum: Mr. Buell?

Mr. Buell: Yes, #3. Same question, except have they decided where they’re going to have this labor protest?

Mayor Scapicchio: Not to my knowledge, not yet.

Mr. Sohl: We have received no specific request for parade permits, or…

Mr. Buell: Do we have a parade permit?

Mrs. Lashway: No.

Mr. Sohl: Well, we don’t actually have a process in place.

Mr. Buell: Do we have to? Should we put one in place?

Mr. Rattner: We don’t have the cause…

Mrs. Lashway: You would have to have an ordinance.

President Greenbaum: It’s not worth the trouble at this point, I mean it’s, we really haven’t had an issue. So why make a big deal out of it? Okay, any other comments on Correspondence? Mr. Buell?

Mr. Buell: Number 8 and 9 is a resolution from Netcong and from Kinnelon, or not Kinnelon but Parsippany, asking…

Mrs. Labow: We have that on the Agenda, right?

Mr. Buell: We have that already?

Mrs. Labow: I asked for that.

Mr. Buell: Okay, I was going to ask for a resolution to be drawn. I’d also like to work with the School Board on resolution number 10 regarding support of the Abbott-Burke reform. I think we should do something with the school board.

President Greenbaum: I’ll ask Mr. Dorsey to prepare a Resolution similar to, I forget which Township sent us the Resolution…

Mr. Rattner: Monroe.

President Greenbaum: …and we’ll have that on for a Workshop.

Mr. Buell: Because I’d like that to be jointly with the School Board, you know. Obviously they’re the ones that… I don’t know how we would do that jointly with the School Board.

Mr. Dorsey: I don’t know.

President Greenbaum: I don’t know, either.

Mrs. Labow: They’ll probably just do it and then pass it on to them and ask them.

Mr. Dorsey: I’ll take care of it.

President Greenbaum: Thank you. Any other issues related to Correspondence? Yes, I understand 8 and 9 are different. There’s one on for Lymes disease tonight, there is not one on for overcrowding.

Mrs. Lashway: Do you want the overcrowding for the next meeting?

Mr. Buell: Yes.

President Greenbaum: Okay, any other comments on any particular piece of Correspondence? Seeing none, we’ll move on.

ORDINANCE FOR PUBLIC HEARING

President Greenbaum: We’re up to Ordinances for Public Hearing. There is one Ordinance on this evening. It’s Ordinance #24-2007 entitled:

Ord. #24-2007 An Ordinance Amending Chapter 400 Entitled “Land Use” of the Municipal Code of the Township of Mount Olive, County of Morris and State of New Jersey to Amend and Supplement Article IX Entitled “Development Fee and Affordable Housing Contribution.” (Continue to June 26, 2007)

President Greenbaum: At this point in time I will open it up to the public. Anyone who wishes to be heard on Ordinance #24-2007? Seeing none, I will close it to the public. I’m going to ask that the Public Portion be continued to June 26th. Mr. Tepper would you make such a motion?

Mr. Tepper: I move that Ordinance #24-2007 be continued to June 26th.

Mr. Buell: Second.

President Greenbaum: Okay, we’re going to continue the Public Portion on this particular ordinance. All those in favor? Aye. All opposed? Okay, we will continue the Public Portion for the 26th of June.

ROLL CALL VOTE:

ORDINANCES FOR FIRST READING – 2nd reading June 26, 2007

President Greenbaum: The first ordinance is Ordinance #25-2007 entitled:

Ord. #25-2007 Bond Ordinance Providing for Various Water Capital Improvements in and by the Township of Mount Olive, in the County of Morris, New Jersey, Appropriating $774,000 Therefor and Authorizing the Issuance of $735,300 Bonds or Notes of the Township to Finance Part of the Cost Thereof.

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

Mr. Buell: Yes, thank you. I move that Ordinance #25-2007 be introduced by title and passed on first reading and the meeting be held on June 26th, 2007 at 7:30 p.m. at the Municipal Building, 204 Flanders-Drakestown Road, Mount Olive, NJ for a public hearing consideration of said reading and passage of said ordinance that the Clerk be directed to publish, post and make available such ordinance in accordance with the requirements of law.

President Greenbaum: Is there a second?

Mrs. Labow: Second.

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

ROLL CALL: Passed unanimously.

President Greenbaum: Ordinance #26-2007 is the next ordinance for first reading, entitled:

Ord. #26-2007 An Ordinance to Amend and Revise Certain Standards as Set Forth in the R-6 Age-Restricted Residential District in §400-100 of Chapter 400, Entitled “Land Use” of the Code of the Township of Mount Olive Consistent with the Affordable Housing Provisions as Set Forth in §400-85 of this Chapter.

President Greenbaum: Mr. Tobey can you please move that for first reading?

Mr. Tobey: I move that Ordinance #26-2007 be introduced by title, and passed on first reading and that a meeting be held on June 26th, 2007 at 7:30 p.m. at the Municipal Building, 204 Flanders-Drakestown Road, Mount Olive, NJ for a public hearing and 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 law.

Mrs. Labow: Second.

President Greenbaum: Moved and seconded any discussion? Mr. Tepper?

Mr. Tepper: On the buyer income eligibility I believe it’s clause C, on page 7, should we not define when we say, “percentage of median income,” what that median income is? Whether it be the town’s, the county’s or the states?

Mr. Dorsey: I think this is McGroarty?

Mr. Tepper: Yes.

Mr. Dorsey: I think the reference is to what the regulations are by COAH, by reference in this ordinance.

Mr. Tepper: So by default it would be stated then?

Mr. Dorsey: Yes.

Mr. Sohl: Well whatever COAH specifies.

President Greenbaum: Yes. Does that answer your question Mr. Tepper?

Mr. Tepper: If it is tied to that, it does answer my question.

President Greenbaum: Any other comments? Roll Call please?

ROLL CALL: Passed unanimously.

President Greenbaum: Next ordinance for first reading is Ordinance #27-2007 entitled:

Ord. #27-2007 An Ordinance to Amend §400-85 of Chapter 400, Entitled “Land Use” of the Code of the Township of Mount Olive in Order to Address the Requirements of the NJ Council on Affordable Housing Related to the Township’s Substantive Certification of its Housing Plan Element and Fair Share Plan.

President Greenbaum: Mrs. Labow?

Mrs. Labow: Yes, thank you Mr. President. I move that Ordinance #27-2007 be introduced by title, and passed on first reading and that a meeting be held on June 26th, 2007 at 7:30 p.m. at the Municipal Building, 204 Flanders Drakestown Road, Mount Olive, NJ for a 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 law.

President Greenbaum: Is there a second?

Mr. Rattner: Second.

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

ROLL CALL: Passed unanimously

President Greenbaum: Next ordinance for first reading is Ordinance #28-2007 entitled:

Ord. #28-2007 An Ordinance of the Township of Mount Olive to Amend and Supplement Chapter 4 Entitled Administrative Code, Article VII Entitled Department of Budget and Financial Operation and Article XI, Entitled Budget, Purchasing and Expenditure Procedures.

President Greenbaum: Mr. Perkins?

Mr. Perkins: Thank you Mr. President. I move that Ordinance #28-2007 be introduced by title, passed on first reading and that a meeting be held on June 26th, 2007 at 7:30 p.m. at the Municipal Building, 204 Flanders-Drakestown Road, Mount Olive, NJ for public hearing and consideration of second reading for passage of said ordinance, that the clerk be directed to publish, post and make available said ordinance in accordance with the requirements of law.

Mrs. Labow: Second.

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

ROLL CALL: Passed unanimously

CONSENT RESOLUTIONS AGENDA:

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

CONSENT RESOLUTIONS

1. Resolution of the Township Council of the Township of Mount Olive Authorizing the Renewal of Alcoholic Beverage Licenses for the 2007-2008 Licensing Period.

2. Resolution of the Township Council of the Township of Mount Olive Authorizing the Execution of a Developer’s Agreement Based on Final Site Plan Approval Between the Township of Mount Olive and Armstrong Sutton Plaza, LLC.

3. Resolution of the Township Council of the Township of Mount Olive Relative to the Tax Appeal Filed by Atrium Hospitality for the Years 2006 and 2007.

4. Resolution of the Township Council of the Township of Mount Olive Authorizing the Cancellation of Sewer and Water Capital Ordinance Balances.

5. Resolution of the Township Council of the Township of Mount Olive Authorizing the Use of a State Purchasing Contract.

6. Resolution of the Township Council of the Township of Mount Olive Requesting Approval from the Director of the Division of Local Government Services for Insertion of a Specific Item of Revenue into the 2007 Municipal Budget ($4,000 for the Click it or Ticket Grant).

7. Resolution of the Township Council of the Township of Mount Olive Authorizing the Mayor to Execute a Grant Application for MOMAC for 2008.

10. Resolution of the Township Council of the Township of Mount Olive Authorizing Change Order No. 1 in Connection with the Sutton Tank Painting Project.

11. Resolution of the Township Council of the Township of Mount Olive Rejecting All Bids for Cleaning Services for the Municipal Building and Senior Center.

12. Resolution of the Township Council of the Township of Mount Olive Awarding a Contract to Atlantic Tactical of New Jersey for Police and Dispatcher Uniforms.

13. Resolution of the Township Council of the Township of Mount Olive Authorizing Change Order No. 1 in Connection with Route 46 Sidewalk Improvements.

President Greenbaum: I have already removed 8 and 9 and moved them to the Non-Consent. Does anyone wish to have any of the others removed? Seeing none, I’m going to ask Mr. Rattner to move 1 through 7, and 10 through 13.

Mr. Rattner: So moved.

Mrs. Labow: Second.

President Greenbaum: Moved and seconded.

PUBLIC PORTION ON CONSENT RESOLUTIONS

COUNCIL COMMENTS ON CONSENT RESOLUTIONS

ROLL CALL: Passed unanimously.

RESOLUTIONS NON CONSENT

8. Resolution of the Township Council of the Township of Mount Olive Requesting the MSA to Include Within its Sewer Service Area Mount Olive Township Block 4100, Lot 10.

President Greenbaum: Okay, we’re up to Resolution #8 which will be the first resolution on the Non Consent Resolutions Agenda. Mr. Dorsey?

Mr. Dorsey: Well, the resolution we raised is going to be amended, Lisa did a fine job this afternoon. The now therefore be it resolved clause will read as follows:

NOW THEREFORE BE IT RESOLVED by the Township Council of the Township of Mount Olive that it does hereby formally request that the Musconetcong Sewerage Authority amend its Wastewater Management Plan to provide sewer service to Block 4100 Lot 10 within the Musconetcong Sewerage Authority sewer service area, Lot 10 being compromised of 102 acres and it is estimated that the necessary gallonage would be 75,000 GPD for a minimum of 400,000 square feet of retail and office space.

President Greenbaum: That is the amendment?

Mr. Dorsey: The amendment.

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

Mr. Rattner: So moved.

Mr. Perkins: Second.

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

ROLL CALL: Passed unanimously.

President Greenbaum: We’re up to Resolution #9 which is going to be amended by Mr. Dorsey.

9. Resolution of the Township Council of the Township of Mount Olive Rejecting All Bids for the DPW Site Improvements.

Mr. Dorsey: It’s going to be amended so it will now read:

NOW THEREFORE, BE IT RESOLVED by the Township Council of the Township of Mount Olive, Morris County, that the recommendation of Tim Quinn, DPW Director and Suburban Engineering is hereby accepted, all bids for the DPW Site Improvements are hereby rejected and the work shall be done “in house.”

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

Mr. Perkins: So moved.

President Greenbaum: Is there a second?

Mrs. Labow: Second.

President Greenbaum: Moved and seconded. Does anyone from the public wish to be heard? Seeing none, any Council comment? Roll Call please?

ROLL CALL: Passed unanimously.

President Greenbaum: We’re up to Resolution #14 entitled:

14. Resolution of the Township Council of the Township of Mount Olive, County of Morris, State of New Jersey in Support of S-2507 Reporting of Lyme Disease and Supplementing Title 26 of the State Statutes.

Mrs. Labow: Yes, so moved.

President Greenbaum: Is there a second?

Mr. Buell: Second

PUBLIC PORTION ON INDIVIDUAL RESOLUTIONS

COUNCIL COMMENTS ON INDIVIDUAL RESOLUTIONS

President Greenbaum: Moved and seconded. Is there anyone from the public that wishes to be heard? Any Council comments? Roll Call, please.

ROLL CALL: Passed unanimously.

MOTIONS

1. Bill List

President Greenbaum: We’re up to the Bill List. Did we get any answers to Mr. Buell’s questions?

Mr. Buell: Didn’t get the answer to the Cablevision line, between…

Mrs. Jenkins: The Cablevision is for the School Resource Officers to be able to connect to the police server, both at the High School and the Middle School.

Mr. Buell: So they will now have closed circuit to both of these?

Mrs. Jenkins: Yes.

Mr. Buell: Where does that go to in the two Schools, do you know?

Mrs. Jenkins: You mean is there… I thought they had a separate office.

Mr. Buell: Is that all of the video inside both Schools? Or just one hookup?

Mr. Sohl: I honestly don’t know, I mean we’d have to bring Scott in.

President Greenbaum: Yes, why don’t you contact Scott directly, and you can get the answer.

Mr. Buell: Yes I will.

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

Mr. Tepper: Yes, Mr. President. I move for approval of the Bill List as presented.

Mr. Rattner: Second.

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

ROLL CALL: Passed unanimously.

ADMINISTRATIVE MATTERS

President Greenbaum: Any administrative matters, Mayor? Mr. Sohl?

Mayor Scapicchio: Nothing right now.

Mr. Sohl: None.

OLD BUSINESS

President Greenbaum: We had talked about vandalism at Turkey Brook Park I think we were going to get an update in terms of whether or not up there is a vandalism problem going on up there, and what we’re going to do about it.

Mr. Sohl: I spoke to the Mayor, not the Mayor, the Chief and from his perspective he doesn’t see any difference from anything that’s gone on in the past. Tim, do you have any further update?

President Greenbaum: You have to come up. With regard to vandalism at Turkey Brook Park, is there a problem?

Mr. Quinn: We have minor issues from time to time. I don’t think that it’s something that’s totally out of hand at this point.

President Greenbaum: Okay. Thank you.

Mr. Sohl: Thanks Tim.

President Greenbaum: We’d like to be updated if that situation is to change, and perhaps you can look into what it would cost to put cameras up there as a preventative measure just so that we have some idea as to what it would cost to move forward with that type of video surveillance.

NEW BUSINESS

LEGAL MATTERS

Mr. Dorsey: Yes a couple of things. Chairman, I know this is getting to be rather routine. I’m pleased to turn in to the Township a check for $10,287.50, which represents reimbursement to the Township for legal fees paid by the Township in connection with litigation referred to as AIG vs. Vollers, in which AIG owes us a defense and indemnification for the last six months. This is the third payment which totals almost $30,000. Mr. Chairman, we agreed we’d have a 5 or 10 minute Executive Session to go over a couple of things, maybe that’s most convenient.

President Greenbaum: Yes we will at the end of the Council Reports, we have the Executive Session.

Mr. Dorsey: Who brings money in except Dorsey?

Mrs. Labow: There you go. I need my boots.

COUNCIL REPORTS

Recreation Liaison Report

Mr. Tobey: We had our meeting last week and just one matter to report on. Mr. Todd Novaky who is with us tonight, who was there last week with regards to the signs on the field fences at the Jack Kroft / Babe Ruth fields, he’s going to be making a formal presentation with pictures and specifics for the Committee to review in order to make a recommendation to the Council.

President Greenbaum: That’s going to go to the Recreation Committee?

Mr, Tobey: Yes.

Mr. Buell: Can I ask a question on that? I read the minutes of that, and was there any discussion on the rest of the fields? Because obviously once we put signs on one field, we’re now going to end up with requests for all of the fields.

Mr. Tobey: Yes, to answer your question. The discussion started going in a couple of different directions, and we decided to keep it to this one, and handle any future topics on a case by case basis.

President Greenbaum: I don’t know that we can do that as a Council.

Mrs. Labow: I don’t think so.

Mr. Buell: I don’t either.

President Greenbaum: But, notwithstanding that, the Recreation Advisory Committee can handle that any way that they see fit. Obviously we have a greater obligation in terms of setting policy than the Recreation Advisory Committee, in terms of the opinion that they authorize. I have a particular problem with the way that the signs went up, and that, it had been made very clear that signs were not permitted. They went up almost in the middle of the night it seemed like, they just appeared one day. Then there was some comment that I had approved of the signs being put up by Mr. Masotti and I’ve never spoken to Mr. Masotti. I don’t think I have ever had a conversation with Mr. Masotti, let alone having a conversation with him about signs. The only discussion I’ve had with respect to the lighting of the ball fields was with Buddy Shakespeare, and I indicated to him that I didn’t think it was a Council issue. I didn’t want it to come back to Council because we had debated it ad nauseum, and had determined that we were prepared to allow the putting up of the lights in the event that we didn’t have a field more suitable. It would be appropriate to put the lights up if and when they had raised the money sufficient to put in the lights. That’s what Council had approved. There was a Resolution which was adopted to that effect. There was never any discussion about signs in the Resolution, only at Council where Council was inclined not to put up signs, and that’s where it was left. And for baseball, for Jack Kroft to put up the signs in clear violation of the discussion that we had and then to say that I had approved it is extremely troubling to me. Somebody out there is not telling the truth, and is going about doing what they believe they want to do irrespective of what the Council is telling them they are allowed to do.

Mr. Tobey: From the Committee’s perspective, we were all in agreement just to be receptive to a presentation.

President Greenbaum: I understand that, and I’m not saying that by that comment that I’m not either inclined or declined to allow signs. All I’m saying is that we had had the discussion, it had not been approved and they went up and put the signs anyway knowing that it had not been approved, and then coming back and saying that I had given permission. It’s just, it’s a slap in the face. Anything else at the Recreation level?

Mr. Tobey: No, that’s it.

Board of Health Report

Mrs. Labow: We meet next week.

Planning Board Report

Mr. Tepper: It meets Thursday.

Board of Adjustment Liaison Report

Mr. Perkins: We’re meeting next week, Mr. President.

Open Space Committee Report

Mrs. Labow: We had to cancel the meeting Monday night because we didn’t have enough people in attendance. So it’s rescheduled for this coming Monday.

Legislative Committee Report

Mr. Buell: Yes, I attended a program titled “Cablevision: The Landscape Changes in New Jersey.”

President Greenbaum: You have way too much free time on your hands.

Mr. Buell: Mr. Perkins was originally scheduled to go to this one.

President Greenbaum: I hope they served lunch.

Mr. Buell: No they didn’t (computer sounds).

President Greenbaum: Woah!
Mr. Buell: Whoa!

Mr. Rattner: I don’t think that it’s the batteries.

Mr. Tepper: That’s called power interruption.

Mr. Rattner: I think that computer is ready to blow and take everybody with it.

Mr. Buell: This relates to Verizon applying for the new state law, allowing for a statewide franchise of cable. This is what, after listening to what’s happening in the state, this is the way to screw all of the taxpayers and all of the residents of New Jersey. Basically, Mount Olive is one of the 340 towns in the state of New Jersey which ultimately within the next three years, will be covered by Verizon, and once Verizon has built up the 60% capacity to cover our residents, all of the residents, instead of the 2.5% tax on the basic charge for Cablevision, all the residents will end up paying 3.5% of all charges for all Cablevision, and Comcast. The other two cable operators in the Township will also have to charge the 3.5%. The only good thing about this is that it’s going to double our revenue in the Township of Mount Olive because that revenue comes to us. But listening to the towns where this has already happened, initially there was some drop in the cost of cable, but once the 3.5% became effective all cost decreases ceased, and the cost of cable went up for everybody. So, that will happen to us within the next three years, and that’s one of the reasons I suspect Cablevision has stopped negotiating with us because there’s no incentive for them to negotiate any contract with any town, any of the 340 towns for any of the cable services.

Pride Committee Liaison Report

Mr. Perkins: Thank you, Mr. President, we’re working on the final decision on the billboard. That should be redone this month. The Department of Public Works removed the Mount Olive Jr. Baseball Association 12 U softball signs which were unfortunately attached to the Welcome to Mount Olive signs, which were paid for by private sponsorship, as everyone’s aware. I did see the one at the Cloverhill Treatment Plant that is now mounted on the boards just to the left, and adjacent to the Welcome sign. I think it’s a very prominent position. I don’t know where we ended up with the one up on 206 south, but I did want to make a special thank you to DPW for getting those removed. Hopefully there was no damage to the 4x4 posts. Thank you Mr. President.

Board of Education Liaison Report

Mr. Buell: Yes, they met last night. They honored, among other things, the sports program. Mayor Scapicchio’s daughter was one of the award winners for the softball. They also awarded the Teachers of the Year, Anne Cassidy at the High School, Tom De Voe at the Middle School, John Fritzky at the CMS Elementary School, Jane Horn at Mountain View School, Lisa Lamendola at Sandshore School, and Karen Killian at Tinc Road School. That was the first hour and a half, and then they went into the Business Session and things got very interesting. First of all the bus situation, the School Board is adding eight drivers and they’re purchasing, lease purchasing, four buses for four drivers that the School system is going to hire there. They’re also going to outsource four routes. So what has happened is that they have added four drivers to their budget, and they credited a large increase in the breakage based upon resignations and retirements of some of the older teachers. In addition, they’ve now increased the budget and added two special needs teachers, and as I understand it four additional teachers at Mountain View, and CMS, and one other school based upon the fact they now have, or were anticipating second grade enrollments of 28-29 students this year. Now they’re reducing that by adding these teachers. So in addition to the budget that they passed they have now added nine additional positions.

Lake/Environment Issues Committee

Mr. Rattner: Nothing to report.

Safety Committee Liaison

Mr. Perkins: No meeting.

Finance Committee Report - none

Economic Development Committee Report

President Greenbaum: We already had a report.

Solid Waste Advisory Committee Report

Mrs. Labow: We meet tomorrow.

Library Board Liaison

Mr. Tepper: Meets tomorrow.

PUBLIC PORTION

President Greenbaum: Okay, we’re up to the Public Portion. Is there anyone that wishes to be heard? Mr. Russell, please state your name and address.

Nelson Russell, Budd Lake: Looking at tonight’s Agenda, there seem to be two items that are in somewhat conflict. One is Resolution #4, and as that pertains to the Ordinance 25-2007. The Resolution is returning some $84,000 to the Water Department and we’re turning around and bonding $774,000.

President Greenbaum: What is your question? Why do we do that? Why do we cancel out balances and then bond?

Mr. Russell: Yes.

President Greenbaum: Sherry?

Mrs. Jenkins: One really has nothing to do with the other.

Mr. Russell: That’s money that hasn’t been spent, right? That’s coming back?

Mrs. Jenkins: It’s money that hasn’t been spent that’s going into surplus that we can then appropriate in next year’s budget.

Mr. Russell: Surplus rather than back to the water group? The Water Department, right?

Mrs. Jenkins: Well, the surplus would go into the respective utility. We’re canceling water and sewer balances so part of it will go into the water, you know, for the water projects and part of it will go into sewer for the sewer projects.

Mr. Russell: Wouldn’t that reduce the amount we have to bond?

Mrs. Jenkins: Well, these are new projects, they’re unrelated to the projects that we’re canceling.

Mr. Russell: I understand that they’re unrelated to the projects we’re canceling, but the money is still allocated to the water utility.

Mrs. Jenkins: Exactly, it will go into surplus, and the way that it works is that we will appropriate it in next year’s budget to offset our costs for next year. We’ve already appropriated down payment monies for these projects in the 2007 budget.

Mr. Russell: Okay. We can’t use it for this year’s, to reduce this year’s bond, huh?

Mrs. Jenkins: That’s typically not how we do it, no.

Mr. Rattner: I think it’s a misconception, until we actually, we’re not borrowing the money until we actually need it. If we don’t need all the money, we didn’t borrow it. This is part of a bond from a prior year. We didn’t borrow that much money. See, there are two different things that happened. On and on going basis we borrow money, short term money, like you go to the bank and ask for a short term loan for a year. When we get to a certain amount and it makes sense, then we go out and we get the formal financing. Right now we only borrow the money that we need. So if some projects don’t get completed, or we don’t buy a truck, we never borrowed the money to begin with. So this money really wasn’t borrowed.

Mr. Russell: Okay.

Mr. Rattner: At this point.

Nelson Russell, Budd Lake: That helps. Thank you.

President Greenbaum: Thank you.

Nelson Russell, Budd Lake: Correspondence item #3 was missing from the packet there, I was just wondering why.

Mr. Rattner: We didn’t want you to see it.

Mr. Russell: That was the impression I got.

Mr. Dorsey: The Clerk could probably get you a copy of that if it’s not there.

Mr. Russell: On the Bill List page 6, Sherry, what is an “air card”? It goes to $154.99 a piece.

Mrs. Jenkins: You want to answer that, or do you want me to?

Mr. Tepper: In their car it allows a laptop to access the data network, a wireless data network.

Mrs. Jenkins: It’s for the mobile video then?

Mr. Tepper: It’s basically that you can dial in on the internet by having this card in your computer.

Mr. Sohl: The police use it.

Mrs. Jenkins: It’s for the units they have in the car.

Mr. Sohl: When they come in, they download all the video automatically through that process.

Mr. Russell: And that’s a monthly charge?

Mrs. Jenkins: Yes.

Mr. Russell: I had another comment here, but I can’t find where I…

President Greenbaum: Time’s up, thank you!

Mr. Russell: Northwestern University Alumni dues, for $125. Why are we paying alumni dues to Northwestern University?

Mrs. Jenkins: I believe it’s leadership training that the top level police have taken. It’s an organization that they belong to and they pay annual dues in order to be part of that.

Mr. Russell: Okay, it comes out of the departmental budget, rather than individual.

Mrs. Jenkins: Yes, it comes out of the department budget.

Mr. Russell: Okay, I’m just trying to find some way I can finance my alumni dues.

Mr. Buell: Don’t answer your phone.

Mr. Russell: On page 14, there are a lot of charges to the, or payments made on behalf of the Recreation utility. Do those ultimately get charged back to the Recreation utility?

Mrs. Jenkins: Are you talking about for refunds?

Mr. Russell: Well, regular one day camp admission for $20.

Mr. Sohl: That was a refund.

Mrs. Jenkins: Well, that one wasn’t a refund. That’s actually for them to be able to go to Dorney Park. That’s one of the programs that they’re running.

Mr. Russell: That should be paid. Is this being paid out of the Recreation utility?

Mrs. Jenkins: If you look right up above it, it says “Checking Account Recreational Utility.” So, all of those checks are pertaining to that.

Mr. Russell: Okay, thank you.

President Greenbaum: Thank you very much. Todd, anything this evening?

Mr. Novaky, Budd Lake: Yes.

President Greenbaum: Good because I have some questions for you as well.

Mrs. Labow: Uh oh.

Mr. Novaky: What if I said no?

President Greenbaum: Then I wouldn’t have asked the questions, I would have waited…

Mr. Novaky: First of all it’s good to be known on a first name basis. My name’s Todd Novaky from Budd Lake, and I’m here on behalf of Jack Kroft Baseball Association. Before you ask me some questions, I would like to apologize and to reiterate your outrage at the signs going up without my knowledge, and without most of the Committee’s knowledge. I cannot repeat what I said to those people who live in the community that put them up, but I told them that if they didn’t come down right away, which by the time I found out, they were down anyway, that I would not go in front of the Recreation Advisory Board and embarrass us. So, that obviously was something I didn’t know anything about.

President Greenbaum: I’m satisfied with that. It sounds almost like an apology, so…

Mr. Novaky: I will make it an informal apology. I apologize on behalf of Jack Kroft. It was outrageous that they would do something dumb like that. So, I think that I got their attention with my harsh words. I don’t think that they’re going to do it again until we have formal approval to do that, so. Basically, Phil was nice enough to refer to our discussion from last week, and we submitted today a proposal to Jill Daggen, that has our sign proposal wrapped into it. I don’t know or care whether you want to deal with it on a case by case, field by field organization, by organization or change the whole Town Ordinance. I don’t care, and I don’t think our organization cares. What we’re looking to do is to raise additional funds to make improvements to that field, including the lighting packages and signage as our fundraiser. That’s it. It’s a really cut and dry approach.

Mrs. Labow: I saw your PowerPoint that you sent us.

Mr. Novaky: You did see it?

Mrs. Labow: Yes.

Mr. Novaky: Were you able to access the pictures?

Mrs. Labow: Yes, it was very easy.

Mr. Novaky: Good, because I couldn’t get them to attach and send it.

Mrs. Labow: Tell Denise she did a good job.

Mr. Novaky: I will tell her that, thank you. So I’m sure there are additional questions.

President Greenbaum: Not at this point. I think… I’ll get to you Mr. Sohl. I think at this point Council wants to wait until the recommendation of the Recreation Advisory Committee, and then we’ll deal with it as a Council. I think that there are a number of different issues that the Council will see differently than the Recreation Advisory Committee because it is not a field by field issue. Once you allow signage to go up on the fields, I think it’s extremely difficult for the Council to come back and say, “You know what, it’s appropriate in Flanders Park for Jack Kroft, but not appropriate for the baseball club up at Turkey Brook. It’s not appropriate for soccer up at Turkey Brook.” So I think that it is a complete policy decision that needs to be addressed, and whether appropriate or not appropriate is really the scope and substance of the discussion that will ultimately occur. There are other issues as well. Number one, you know, is it something which the club should be allowed to participate in if signs are going to be allowed? Or is it something that the Township wants to get involved in? Revenue derived from the signage in the park might be better used as a Council decision in terms of field maintenance rather than to be, to go toward lighting. Or it might be used in some other fashion in terms of offsetting other costs that the municipality has, in terms of providing appropriate recreational needs for the kids in Mount Olive. So I think there is a lot to be discussed, it’s not an open and shut case. Phil, I would ask that you take that back to the Recreation Advisory Committee as well, that, you know, the Council had those concerns. Mr. Sohl, you had something?

Mr. Sohl: I just wanted to add, Mr. Novaky didn’t, as he said, send the presentation. I think it was an 8 page PowerPoint, something to that type, that Jill forwarded on to the Recreation Committee, and I was the recipient of that also, and also sent it to every Council member, Lisa, and the Mayor.

Mrs. Labow: I got it, yes.

Mr. Sohl: So you all should have that, I just forwarded it about 7:00 tonight.

President Greenbaum: Thank you.

Mr. Sohl: You’re welcome.

Mr. Novaky: Can I make one comment about that?

President Greenbaum: Sure.

Mr. Novaky: What we’re trying to do is a very narrow focused approach. What we’re trying to do is raise the funds to finish this lighting project, and make the improvements at Russ Nagle that need to be made. That’s the purpose of our signs. I know other groups have other purposes and the Town could have a purpose as well, but what I’m asking is don’t throw another hurdle in front of us while we’re trying to get this done. Instead, if it’s possible to allow us to do it on a trial basis, if it doesn’t work out, we said in the Ordinance that’s the only year, boom, and you’re done. But what I’m saying is don’t put more hurdles in front because we have to address this gigantic issue, when what we’re asking is a very narrow, specific use.

President Greenbaum: See Todd, I don’t see it that way. I, you know what, to me it is a fundamental issue and it’s not, I don’t see how you can separate out the lighting of Russ Nagle field as the important issue here. The important issue here is a policy decision, more so than, at least to me, than the lighting, than your effort to get Russ Nagle Field lit. When we originally discussed this issue in terms of whether we were going to allow lighting on Township fields, when I say originally, it was probably the sixth or seventh time that Jack Kroft had been back to us to discuss the lighting issue, the Council, I think it reluctantly agreed to allow the lighting of the field at Flanders Park in the event that there was not a more suitable field for lighting available to Jack Kroft. We recognize the fact that, you know, there are problems with playing baseball as the twilight comes. Not that those problems couldn’t be surmounted by starting the games earlier as other towns do that don’t have lighting. Notwithstanding that fact, we were told that all that was needed in order to raise the money to put up the lights was the approval of Council to do it. We had a presentation from various individuals from Jack Kroft as I recall, who indicated that they could not raise the money until such time as Council gave such approval. Council gave such approval. The next thing I know, we have baseball, Jack Kroft, coming back to us wanting to get this project completed prior to raising the funds, and doing it by some way of financing, which is not what was discussed originally before the Council, and what was approved by the Council. The next thing I know is that we have signs which are being placed on the field, which is in direct, as I understand, that you understood the issue, which was in direct contravention, contradiction to exactly what had been discussed and what had been agreed to by the Council. We were not prepared at that point in time and I believe there was even a Recreation Advisory opinion that signs should not be allowed for many of the reasons that have been discussed. So I think that what Jack Kroft should be doing is looking for ways to raise the money to put the lights up, and it’s not something that we’re going to do on a test basis. It’s not something that at least I am personally prepared to do on a financing basis. My suggestion is you raise the funds, you put up the lights, and you get the games going at night. Mr. Tepper?

Mr. Tepper: I respectively disagree about the financing. If we sell something as a Town, and we sell somebody a piece of property, whether they pay cash or finance it’s irrelevant to the Town. If they have a commitment from financing and have a legal note that someone is obligated for, it would be paid for and it would be installed. So the Township from that perspective would have the completed project, and not have the financial liability. Our responsibility would be to ensure that the company that was accepting the financing was going to do the work, and accepted the financing agreement, and that it was acceptable form. So I would disagree from that perspective, and I will look to the Recreation Advisory Committee to come back with the recommendation on the signs before making any comment.

President Greenbaum: That’s fine.

Mrs. Labow: I have a question.

President Greenbaum: Mrs. Labow.

Mrs. Labow: Todd, how did your raffle go that you were waiting for the…

Mr. Novaky: We’re right on target as far as the fundraising goes, with the numbers I mentioned last time. I can’t give you the exact dollar number I’m sorry.

Mrs. Labow: I thought it was June 1st you had the drawing?

Mr. Novaky: Yes, the raffle went very well. We awarded all the prizes, and we got roughly the revenue we were looking for out of that.

Mrs. Labow: I was waiting for my T.V. to be delivered. I bought like, twelve tickets.

Mr. Novaky: I was waiting for it too, Colleen. I was really disappointed when they never called me.

Mr. Tepper: I beat you and I didn’t win either.

Mrs. Labow: I bought twelve of those tickets for that.

Todd Novaky: I bought 20, so…

Mrs. Labow: Oh that’s what I did wrong. I should have bought 21.

Mr. Tepper: Todd didn’t win either.

President Greenbaum: I bought tickets as well.

Mr. Novaky: You know, I understand the grayer issues as far as the differences and the understanding of how the program was going to go and how the project was going to go. I keep coming back to, you know, we’re trying to make a valid approach here to try to raise the funds so that the Town does not have to, so that the Town gets a benefit out of it, and so that the kids can play baseball, finish their games, and play ball at night. Maybe get the High School on to that field in the spring time. I think that these are things that are valid and that are worth something, and so, I’m just asking for help to not raise any more hurdles in front of us and allow us to proceed. I mean, that’s really all I can say.

President Greenbaum: Thank you very much.

Mr. Novaky: Thank you.

Mrs. Labow: Thanks, Todd.

President Greenbaum: Anyone else from the public? Seeing no one else, I’ll close it to the public. We are going to go into an executive session to discuss two items. Mr. Perkins, do you want to move us into executive session? When we leave executive session, and we go back into Regular Session we will have no further decisions. Mr. Sohl, did you have something further?

Mr. Sohl: Just a quick question. One of the items I believe is the Dattolo litigation?

President Greenbaum: Yes.

Mr. Sohl: Should DPW be here for that?

Mr. Dorsey: Yes.

Mr. Sohl: Tim, you stay!

Mr. Quinn: Thanks, Bill.

President Greenbaum: Go ahead Mr. Perkins, our resident executive session motion mover.

Mr. Perkins: Thank you, Mr. President. According to Section 7 & 8 of the Open Public Meetings Act, I make a motion that we move into executive session to discuss Dattolo, Perkins, Best Western and Combe Fill.

Mrs. Lashway: No.

Mr. Dorsey: No. Dattolo, Toll and American Water and Combe Fill North.

Mr. Perkins: No that’s not what’s on your letter, but okay. What did Mr. Dorsey say?

Mrs. Lashway: American Water and Toll?

Mr. Dorsey: Yes, American Water Toll is one, Dattolo is two, Combe Fill North is three. Okay, come up here Tim.

President Greenbaum: There’s been a motion. Is there a second?

Mr. Tepper: Second.

President Greenbaum: All in favor?

AYE

ADJOURNMENT

President Greenbaum: Motion to adjourn. Is there a second?

Mr. Buell: Second.

Motion was made and seconded, all in favor and none opposed, time meeting was adjourned at 9:59 p.m.


__________________________
Robert J. Greenbaum
Council President

I, HEREBY CERTIFY the foregoing to be a true copy of a resolution adopted by the Mount Olive Township Council at a duly convened meeting held on September 12, 2006.


_______________________
Lisa M. Lashway
Township Clerk

 

 

2012 Mount Olive Township. All rights reserved.