TOWNSHIP COUNCIL PUBLIC MEETING MINUTES - June 23, 2009

The Public Meeting of the Mount Olive Township Council was called to Order at 7:43 pm by Vice President Labow with the Pledge of Allegiance.
PLEDGE OF ALLEGIANCE & MOMENT OF REFLECTION

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. Tobey, Mrs. Labow, Mr. Rattner, Mr. Perkins

Absent: Mr. Greenbaum, Mr. Tepper, Mr. Roman

Also Present: Dominic DiYanni, Township Attorney; Lisa Lashway, Township Clerk; Bill Sohl, Business Administrator; Sherry Maniscalco, CFO

Questions on Bill List?

Vice President Labow: Once again, just to let everyone know that Mayor Scapicchio is over at the Mount Olive Middle School graduation this evening, as well as Mr. Roman. Mr. Greenbaum is also there and is again hoping to attend this meeting at some point. Mr. Tepper is out of Town on business. Do we have any questions on the Bill List this evening? Anybody? Anybody from the public? Bill List?

Mr. Perkins: He’s not through with it yet.

Vice President Labow: Okay, he’s not through with it. Okay, he’ll let us know later then. Correspondence, letters from…

Mr. Rattner: No, meetings.

APPROVAL OF MINUTES OF PREVIOUS MEETINGS

Vice President Labow: Oh, I’m sorry I went right past it. Thank you. Approval of Minutes of Previous Meetings, Mr. Tobey?

Mr. Tobey: I move the Minutes as presented.

June 9, 2009 CS, WS & PM – Mr. Tepper & Mr. Greenbaum absent

Mr. Perkins: Second.

Vice President Labow: Do I have to say it? June 9, 2009 Closed Session, Workshop and Public Meeting. Mr. Tepper and Mr. Greenbaum were absent. So we have a second. Any questions? Seeing none, Roll Call, please?

ROLL CALL – Passed Unanimously

CORRESPONDENCE

LETTERS FROM RESIDENTS/ORGANIZATIONS

1. E-mail received June 9, 2009, from Sherry Shaw regarding Bussing at MOHS and a response to the Board of Education meeting.

2. E-mail received June 10, 2009, from Kevin Dorlan regarding a parcel at Block 8500 Lot 8 across from STS.

3. Letter received June 12, 2009, from the Mount Olive Area Chamber of Commerce regarding a June Scholarship Dinner.

4. Letter received June 15, 2009, from Redbud Avian Rehabilitation Center regarding opposition to the Trap Neuter Return Program.

5. E-mail received June 18, 2009, from the New Jersey Alliance for Action regarding the Susquehanna-Roseland Electric Transmission Line Public Hearings.

6. E-mail received June 19, 2009, from Linda Cherkassky regarding Additional Information about TNR.

RESOLUTIONS / ORDINANCES / CORRESPONDENCE OTHER TOWNS

7. Letter received June 11, 2009 from Allamuchy Township regarding a Proposed Amendment to the Land Development Ordinance.

8. Letter received June 15, 2009, from Montville Township regarding a Resolution opposed the Proposed Diversion of Funds from the Emergency Medical Technician Training Fund to the General Treasury.

9. Letter received June 15, 2009, from Chester Township regarding a Resolution Opposing the Governor’s Proposed Diversion of the Fund from the Emergency Technical training Fund to the General Treasury.

10. Letter received June 18, 2009, from the Borough of Netcong regarding Ordinance #2009-11.

11. Letter received June 18, 2009, from the Borough of Netcong regarding Ordinance #2009-10.

DOT/ /DEP / LOI / HIGHLANDS

12. Letter received June 8, 2009, from the State of New Jersey Department of Environmental Protection regarding the Shell Service Station, 118 Route 46 and Woodland Avenue.

13. Letter received June 8, 2009, from the State of New Jersey Department of Environmental Protection regarding a RAW and NJPDES Permit for 24 Kenmar Road.

14. Letter received June 10, 2009, from the State of New Jersey Department of Environmental Protection regarding the Farooq Subdivision, Block 2603 Lot 4 (4 Thirty First Street).

15. Letter received June 11, 2009, from the State of New Jersey Department of Environmental Protection regarding 10 Chickadee Road.

16. Letter received June 18, 2009, from the State of New Jersey Department of Environmental Protection regarding the Former Budd Lake Citgo, 14 Route 46 West.

17. Letter received June 19, 2009, from the State of New Jersey Department of Environmental Protection regarding Ciel West Lake Properties, LLC., 325 Route 46.

LEAGUE OF MUNICIPALITIES

18. E-mail received June 5, 2009, from the New Jersey State League of Municipalities regarding Employee Furloughs in Civil Service Jurisdictions and Age-Restricted Conversions.

19. E-mail received June 8, 2009, from the New Jersey State League of Municipalities regarding Clinics Help with June 12 Digital Transition, Federal Biweekly Update for the Weeks Ending June 5, Important New Information from the Division of Local Government Services and Sex Offender Residency Restriction Bill Advanced.

20. E-mail received June 9, 2009, from the New Jersey State League of Municipalities regarding the New Jersey Municipalities Magazine.

21. E-mail received June 10, 2009, from the New Jersey State League of Municipalities regarding Guidance on Employee Furloughs in Civil Service Jurisdiction and League/Site Remediation Brownfield Outreach Briefing – June 16.

22. E-mail received June 11, 2009, from the New Jersey State League of Municipalities regarding Stimulus Funding Application Deadlines, Byrne Justice Assistance Grants and Strengthening Communities Fund.

23. E-mail received June 16, 2009, from the New Jersey State League of Municipalities regarding Federal Stimulus Funding News, Recovery Zone Bonds, US DOE Assistance on ELEBG Applications, State Budget Progress, New Information from the Division of Local Government Services on Energy, Catastrophic Illness in Children Relief Fund (CICRF), Insurance Premium Tax Advanced to Balance Uncompensated Care Fund, and Appellate Division Rules Requestor Need Not Use the Official OPRA Request Form.

24. E-mail received June 17, 2009, from the New Jersey State League of Municipalities regarding Ameripay Investigation.

25. E-mail received June 17, 2009, from the New Jersey State League of Municipalities regarding S-1651/A-2238, Mandates Certain Health Benefits and Federal Stimulus Transportation Funding Announcement.

26. Letter received June 18, 2009, from the New Jersey State League of Municipalities regarding the 12th Annual Elected Officials Hall of Fame.

UTILITIES

27. E-mail received June 12, 2009, from Verizon regarding an Important Verizon Message About Programs and Rates.

28. Letter received June 15. 2009, from Elizabethtown Gas regarding a Notice of Public Hearings Regarding Proposed Gas Base Rate Increases and Other Rate and Tariff Changes.

DCA

29. E-mail received June 8, 2009, from the State of New Jersey Department of Community Affairs regarding a Gov Connect Update for June 8, 2009.

LETTER FROM LEGISLATIVE REPRESENTATIVES

30. E-mail received June 5, 2009, from Congressman Rodney P. Frelinghuysen regarding The Week Just Past, Now More than Ever: GM = Government Motors, Bad Idea of the Week, Swine Flu Might be out of the Headlines, but…, Hurricane Hunter Promotes Math and Science Education, Hosts Academy Night, Spread the eNews and Contact Representative Frelinghuysen.

31. E-mail received June 12, 2009, from Congressman Rodney P. Frelinghuysen regarding The Week Just Past, Another Delay for Bill Supporting the Troops, Bad Idea of the Week: Miranda Rights for Terrorists, Spread the eNews and Contact Rep. Frelinghuysen.

MORRIS COUNTY

32. E-mail received June 12, 2009, from the Morris County Division of Community Development regarding the 2009 Housing Rehab Brochure.
MSA

33. Letter received June 8, 2009, from the Musconetcong Sewerage Authority regarding the MSA Audit for 2008.

Vice President Labow: We have this evening 33 items of Correspondence. Does anybody want to discuss any of the 33 or more? Seeing none, moving right along, Ordinances for Public Hearing.

ORDINANCES FOR PUBLIC HEARING

Vice President Labow: I open the hearing to the public on Ord. #10-2009, entitled:

Ord.#10-2009 An Ordinance to Amend Chapter 400 Entitled “Land Use” to Modify §400-101 Entitled “Nonresidential Districts” to Permit Restaurants, Bars and Nightclubs as Permitted Principal Uses in the C-1 Commercial Zone District and to Revise the Schedule of Limitations for Nonresidential Districts to Implement a Minimum Lot Frontage Requirement.

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

Mr. Perkins: Yes, Madam Vice President, I move Ord. #10-2009 for adoption and final passage.

Vice President Labow: I’m sorry. I missed the open to the public part. Would anybody from the public like to come and make any comments on this ordinance? Seeing none, Mr. Perkins moved it and we’re waiting for a second.

Mr. Tobey: Second.

Vice President Labow: Second from Mr. Tobey. Does Council have any questions or comments? Seeing none, Mrs. Lashway, could you do the Roll Call, please?

ROLL CALL – Passed Unanimously

Vice President Labow: Let’s see if I can do this one right. Oh, I’m sorry. I declare that Ord.#10-2009 has passed on second reading, and I hereby direct the Clerk to forward a copy of same to the Mayor and publish a notice of adoption as required by law. The second ordinance for tonight, we have Ord.#12-2009. I open the hearing to the public on Ord. #12-2009, entitled:

Ord.#12-2009 An Ordinance of the Township of Mount Olive Establishing the Salary for the Director of the Department of Public Works for the Year 2009. (publication error continue hearing to 7/7/09)

Mr. Perkins: Point of order, Madam Vice President. That’s a publication error. The hearing was moved to July 7th.

Vice President Labow: Yes, but don’t we also have to announce that that we moved it?

Mr. Perkins: Do we have to announce it to carry it?

Mrs. Lashway: Well, you don’t have to open it to the public. You just do the motion to…

Vice President Labow: Right, and then move it.

Mr. Perkins: The statement, “I open to the public is…”

Vice President Labow: Oh, I’m sorry. Thank you very much. Mr. Rattner, could you please move this ordinance to continue it to July 7th?

Mr. Rattner: I make a motion to continue, well, move the hearing to July 7th since we didn’t open it.

Mr. Perkins: Second.

Vice President Labow: Right, thank you. Roll Call, please.

ROLL CALL – Passed Unanimously

ORDINANCES FOR FIRST READING (second reading/public hearing July 7, 2009)

Vice President Labow: The next item on the Agenda for First Reading is Ord.#13-2009, entitled:

Ord.#13-2009 Ordinance Appropriating $7,000 from a Reserve for the Acquisition of Equipment for Public Access Channel Improvements in and by the Township of Mount Olive, in the County of Morris, New Jersey.
Vice President Labow: Mr. Tobey, could you please move that?

Mr. Tobey: Yes, I move that Ord.#13-2009 be introduced by title and passed on first reading and that a meeting be held on July 7, 2009 at 7:30 p.m. at the Municipal Building, 204 Flanders-Drakestown Road, Mount Olive, NJ for a public hearing consideration of said reading and passage of said ordinance and that the Clerk be directed to publish, post and make available such ordinance in accordance with the requirements of law.

Mr. Perkins: Second.

Vice President Labow: Thank you. Any comments? Seeing none, Roll Call, please.

ROLL CALL - Passed Unanimously

Vice President Labow: The next item on the Agenda for First Reading is Ord.#14-2009, entitled:

Ord.#14-2009 An Ordinance of the Township of Mount Olive Repealing Ordinance No. 56-2005 Dealing with the Residency of Sex Offenders.

Vice President Labow: Mr. Perkins?

Mr. Perkins: Yes, Madam Vice President. A Council person…

Vice President Labow: I’m glad to see I’m not the only one who makes mistakes tonight.

Mr. Perkins: I move that Ord.#14-2009 be introduced by title and passed on first reading and that a meeting be held on July 7, 2009 at 7:30 p.m. at the Municipal Building, 204 Flanders-Drakestown Road, Mount Olive, NJ for a public hearing consideration of said reading and passage of said ordinance and that the Clerk be directed to publish, post and make available such ordinance in accordance with the requirements of law.

Vice President Labow: Thank you. Do I hear a second?

Mr. Rattner: Second.

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

ROLL CALL – Passed Unanimously

Mr. Perkins: How did I get the sex offender one? I don’t know.

Vice President Labow: You were just lucky, right? Alright, the next one is… I’m sorry. Now I went to the wrong line. The next item on the Agenda for First Reading is Ord.#15-2009, entitled:

Ord.#15-2009 Ordinance Authorizing a Revision to Part I Administrative Legislation, Chapter 4 Administrative Code, Article XV Budget, Purchasing and Expenditures, Section 4-73C Entitled “Procedures for Payment.”

Vice President Labow: Mr. Rattner, would you please move that?

Mr. Rattner: Thank you, Madam Vice President. I move that Ord.#15-2009 be introduced by title and passed on first reading and that a meeting be held on July 7, 2009 at 7:30 p.m. at the Municipal Building, 204 Flanders-Drakestown Road, Mount Olive, NJ for a public hearing consideration of said reading and passage of said ordinance and that the Clerk be directed to publish, post and make available such ordinance in accordance with the requirements of law.

Mr. Perkins: Second.

Vice President Labow: Thank you. Any discussion? Seeing none, Mrs. Lashway, 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 Adoption of the Township of Mount Olive Identity Theft Policy.

2. Resolution of the Township Council of the Township of Mount Olive Authorizing a Temporary Capital Budget Amendment for Public Access Channel Improvements.

3. Resolution of the Township Council of the Township of Mount Olive Authorizing the Use of a State Contract (Tony Sanchez LTD).

4. Resolution of the Township Council of the Township of Mount Olive Authorizing the Cancellation of a Contract Balance with PCI Professional Consulting.

5. Resolution of the Township Council of the Township of Mount Olive Amending the 2009 Temporary Budget for Current, Water, Sewer and Recreation Utility.

6. Resolution of the Township Council of the Township of Mount Olive Awarding a Contract to OCS Printing for Printing Services for 2009-2010.

7. Resolution of the Township Council of the Township of Mount Olive Authorizing the Township to Join New Jersey Sustainable Energy Joint Meeting.

8. Resolution of the Township Council of the Township of Mount Olive Authorizing the Renewal of Alcoholic Beverage Licenses. For the 2009-2010 Licensing Period.

Vice President Labow: Alright, moving right along here we have our Consent Resolutions Agenda. Okay, we are going to be removing one and three. Mr. Tobey, could you move two, and four through eight?

Mr. Tobey: Yes, I move Consent Resolutions two and four through eight.

Mr. Perkins: Second.

Vice President Labow: Okay, anybody from the public want to address the Council on any of the Consent Agenda Resolutions? Seeing none, any Council comments? Seeing none, Roll Call, please.

PUBLIC PORTION ON CONSENT RESOLUTIONS – none

COUNCIL COMMENTS ON CONSENT RESOLUTIONS – none

ROLL CALL – Passed Unanimously

RESOLUTIONS NON CONSENT

Vice President Labow: Just for the record, we’re removing Resolutions one and three for further information from Administration. They will be put back on the Agenda when the information is complete. Next we have resolutions on the Non Consent Agenda, number nine, entitled:

9. Resolution of the Township Council of the Township of Mount Olive Awarding a Contract to Realty Appraisal Company for the Property Reassessment for the Year 2010.

Vice President Labow: Could you please move that, Mr. Perkins?

Mr. Perkins: Yes, I move that, I make a motion, so moved.

Vice President Labow: Do I hear a second?

Mr. Tobey: Second.

Vice President Labow: Thank you. Anybody from the public? Mr. Russell.

PUBLIC PORTION ON INDIVIDUAL RESOLUTIONS

Nelson Russell, Budd Lake: I’m just wondering why we’re doing this. We just went through a revaluation.

Vice President Labow: We’re doing this because we’ve had several tax appeals and our Tax Assessor has recommended to us that in order to bring the Township up to date, because there’s been such a huge decrease in residential and commercial property values, that a hybrid reassessment would be in order. We have decided we would do that for next year.

Mr. Russell: What is a hybrid reassessment?

Vice President Labow: A hybrid is not a full reassessment. It’s partial. Our staff would be doing a lot of the reassessment themselves with the direction of the company, Realty... What is it called, Realty Appraisal Company, who actually put a bid in for it? We only had one bid returned for it, one bid opened, and it was actually good for us because this company just got done with our whole entire reassessment.

Mr. Russell: So essentially the value goes down, the rate goes up and we end up right where we were.

Vice President Labow: Yes, Mr. Rattner?

Mr. Sohl: Correct.

Mr. Russell: But we spent $75,000 in the process.

Mr. Rattner: The real issue is, yes, we know that the values went down. The problem is that when you hit a plus or minus 15%, that’s when you can win a tax appeal. What happens is that certain properties went down more, probably on the commercial side. Some went a little bit less but we have to defend. This year we got something like, what was it? Nine hundred? There’s a lot. All together there are nine hundred tax appeals. We have to defend each one of them. This is to bring it down closer to the fair market value, reduce the number of appeals, and also it’s a matter of fairness because if you decide to appeal your taxes but your next door neighbor doesn’t, they are paying more just because they didn’t take action. It costs a certain amount for the appeal, that’s why in the past we discussed different processes. One is a constant rolling just as a defensive move and, again, fairness. If you have close to 100% you know whether you’re in that item, you know, in the window of 15%. So really it’s a defensive move and it should reduce the number of appeals which reduce the expense which means the total tax levy would be slightly reduced overall.

Mr. Russell: It should also reduce the County tax correct?

Mr. Rattner: The County actually does their own equalization separate from what happens on an equalization in the Town, because different Towns do their evaluations at different times. It would be unfair if we were at 50% and the next Town was at 100%. They’d be paying twice as much. So the County actually does part of their valuation. In fact, when we get the equalization rate it comes from the County.

Vice President Labow: The other thing, Mr. Russell, is that when the taxes are collected we have to pay the School Board for their tax, and we pay the County our share of the taxes. The County will reimburse us a certain amount depending on what the tax appeals are. The School Board, we don’t get the money back, so we have to make up that difference. That’s another reason why we want to get this done so we don’t have to pay out in taxes and then turn around and borrow if need be to pay back the taxes.

Mr. Russell: Okay, thank you.

Vice President Labow: Mr. Tobey?

Mr. Tobey: Are we expecting then the savings to be greater than the $75,000 that we are…?

Vice President Labow: Yes, yes.

Mr. Rattner: Well, we know…

Mr. Tobey: Because of the legal or professional fees also associated with…?

Mr. Rattner: And the fact that we have to make up, you’ve heard the numbers when we talked in Closed Session where, because we have a lot of tax bills what our exposure is, not necessarily we’re going to be there. We only got 20% of it so if we have to pay back… Like, about four years ago, we had to pay back some large commercial accounts, $1.5 million. $1.2 million of that were the School taxes. The School didn’t give us anything back, so we had to go out and borrow $1.5 million, pay it back over, I think it was four years we decided on. Just because they won the appeal we had to give them the money back immediately. So if we had done something like this maybe then we could have avoided, I mean, you don’t know until it happens.

Mr. Tobey: So just to comment a little further on Mr. Russell’s question, which the public wouldn’t know of, while the value comes down and the rate goes up most people think it’s a complete wash, but naturally there are savings built in to the back end. Is that a fair statement?

Mr. Rattner: Well…

Mr. Sohl: It depends.

Mr. Rattner: Right now, I think in this year’s budget we have somewhere around $150,000 in professional fees, and we don’t know. That’s only to cover what gets to court this year. So there’s going to be more spill over to next year, if we could just avoid that. Now, we know that there are other expenses going up. If people expect to see their taxes go down, I don’t want to leave anybody with a false impression that way, but these are just expenses that we get nothing for. It’s just, again, you always hear that the professionals and the lawyers make the money.

Mr. DiYanni: Sorry.

Mr. Rattner: Well, it’s not here.

Vice President Labow: Any other questions?

Mr. Sohl: Take your shots now.

COUNCIL COMMENTS ON INDIVIDUAL RESOLUTIONS – none

Vice President Labow: Yes, since he’s not here. Any other questions regarding Non Consent Resolution number nine? Okay, seeing none, any Council comments? Mrs. Lashway, could you please have Roll Call?

ROLL CALL – Passed Unanimously

MOTIONS

Vice President Labow: Alright, we’re down to Motions, the Bill List. Mr. Rattner, would you please move the Bill List?

1. Bill List.

Mr. Rattner: I move the Bill List as submitted.

Mr. Perkins: Second.

Vice President Labow: Anybody from the public have any questions? Mr. Russell? Thank you. You can’t disappoint me, Nelson. I know you have at least one and that’s good because you bring a lot of information to the forefront.

Mr. Russell: On Page 8, I’m wondering how we’re spending almost $4,000 on ammunition. Are we expecting problems?

Vice President Labow: Mr. Sohl?

Mrs. Maniscalco: It’s not about that. They actually have to qualify. I believe it’s once or twice a year. I don’t know if anybody here knows better, but we need the ammunition for a number of reasons. Part of it is qualification.

Mr. Russell: Okay, and if we didn’t use up all of the old ammunition…

Mr. Sohl: But that question comes up almost every time that bill is on the Bill List.

Mr. Perkins: Every year.

Mr. Tobey: And the cost of it is out of control.

Mr. Russell: I didn’t want to disappoint you, Bill. Then over on Page 19, there are two items. I just want a translation of it. BWSWP Review Fee and the BWA Review Fee for three thousand and change and seven thousand and change.

Vice President Labow: What page is that Nelson?

Mrs. Lashway: Nineteen.

Mr. Russell: I’m wondering what these review fees are.

Mrs. Maniscalco: There are fees, I know, we got an email from our Engineer because these are fees that we have to pay to the State for several of the water projects that we’re actually working on. They are permit type fees.

Mr. Russell: Okay, thank you.

Vice President Labow: Okay, anybody else from the public have any questions on the Bill List? Okay, seeing none, does Council have any questions on the Bill List? Seeing none, Roll Call, please.

ROLL CALL – Passed Unanimously

ADMINISTRATIVE MATTERS

Vice President Labow: Mr. Sohl, any Administrative matters today?

Mr. Sohl: Yes, just one. I’d like to mention that we got correspondence, received correspondence today from Cabana and King, the attorneys that are working with what we usually call the Combe Fill South lawsuit. That has apparently been fully settled. Monies that have been collected by their efforts from the previous carriers, insurance carriers that insured the Town and Mount Olive and other Towns, is now being or will now be sent to the Federal government to close out or finalize that agreement. I called up Mr. King and asked him for a letter indicating that we have no out of pocket expenses going that way, and he said he would put that together.

Vice President Labow: Very good, thank you. Anything else, Mr. Sohl? Any other matters, Mr. Sohl?

Mr. Sohl: One other thing. We’ve been working with Wal Mart very briefly. If you’ve been in the store, they’ve done some major renovations. Apparently they are looking to do a grand reopening in July. It may be July 8th. I’m not certain of the date. They’ve contacted us for suggestions as to who they could donate some grant money to relative to their community program.

Mr. Perkins: Us.

Mr. Sohl: So we’ve given them the First Aid and Fire Departments, the Historical Society and the Park Partners.

Vice President Labow: Oh, good, thank you. Anything else, Mr. Sohl? Will you send us a date when you find out for sure when they are going to have their grand opening? Will you send us an email? Would you send us an email and let us know when they are going to have their grand reopening?

Mr. Sohl: Well, if it’s the 8th I may not be here.

Vice President Labow: Okay, very good. Anything else, Mr. Sohl?

Mr. Sohl: That’s it.

Vice President Labow: Thank you. Mrs. Maniscalco, is that how you say it? Do you have anything?

Mrs. Maniscalco: Close, it’s close enough, Colleen.

Vice President Labow: I’m trying. Say it for me so I can…

Mrs. Maniscalco: Maniscalco.

Vice President Labow: Maniscalco, okay, good. Do you have anything?

Mr. Rattner: Jenkins was a lot easier.

Mrs. Maniscalco: I know that, believe me.

Mr. Perkins: I’ll stick with Sherry.

Vice President Labow: Do you have anything that you’d like to add tonight?

Mrs. Maniscalco: No, I’m good, thank you.

Vice President Labow: Thank you. Now we’ll go to Old Business. Does anybody have any Old Business? Okay, seeing none, New Business? Seeing no New Business, any Legal Matters? Dominic?

OLD BUSINESS – none

NEW BUSINESS – none

LEGAL MATTERS

Mr. DiYanni: Yes, I’d actually like to say something tonight. With the Sex Offender Ordinance, I didn’t say this during the Workshop meeting but I did read in the Law Journal that we were right in repealing because it is inconsistent with the recent holding in the Appellate Division. However, there is a bill that’s going to come through, I believe it’s through Committee right now that’s going to allow municipalities to enact these types of ordinances in the future, but they’ll have different parameters than the one that we repealed tonight. So in the future you may have an opportunity to actually adopt a similar type ordinance that will be valid.

Vice President Labow: Okay, very good. I think at the time we did it we didn’t have anything so something was better than nothing. Anything else that you would like to add? No, okay.

Mr. DiYanni: That’s all I had.

COUNCIL REPORTS

Recreation Liaison Report – none

Vice President Labow: Council Reports. Mr. Roman is not here right now so we won’t get the Recreation Report. Mr. Perkins, Board of Health.

Board of Health Report

Mr. Perkins: Yes, Madam Vice President, we had a meeting last week. It was pretty much standard business as usual. We had an update on the H1N1 virus that’s going around. We have had four deaths now within the State. Some people are at least telling me by word of mouth that they may or may not have been infected with the H1N1. We haven’t seen any actual updates coming out of the County Health department. Mr. Wilpert is working closely with them on a day to day basis still following the standard protocols, cover your mouth, wash your hands frequently, the standard defenses against the normal flu, Madam Vice President. That’s it.

Planning Board Report – none

Board of Adjustment Liaison Report – none

Open Space Committee Report

Vice President Labow: Thank you. Planning Board is Mr. Greenbaum and he is not here yet. Board of Adjustment is also Mr. Greenbaum. Open Space Committee Report I gave the last time. Legislative Committee Report, Mr. Perkins.

Legislative Committee Report

Mr. Perkins: Yes, Madam Vice President, our 24th Legislative District has been of course reviewing the State Budget and coming up with their comments. They are also not overly happy with the push, again, for the changing from the Senior Housing to be able to come back to a municipality after you’ve been approved for Age Restricted and having that changed. I believe Senator Oroho’s vote is going to be either “No” or he abstains as he did the last time. That’s it, Madam Vice President.

Pride Committee Report

Mrs. Labow: Thank you very much. Pride Committee meets tomorrow evening. Board of Education, Mr. Roman is not here right now. Lake Environment issues, Mr. Rattner.

Board of Education Liaison Report – none

Lake/Environment Issues Committee

Mr. Rattner: This is only distantly related. About a month and a half ago I asked for an update on the Dock Ordinance and what was happening, and we got a report. It seems like we’re progressing. We’re moving in the right direction. Everything takes time. About three or four weeks ago, multiple sections of a dock floated across the Lake and got caught under the bridge at Manor House. There was no identification on it. After sitting there for a little while I asked Walt from Doc’s Marina to pull the stuff out because it would block the flow under the bridge. About five days or a week ago it disappeared and again, I don’t know what can be done now. I don’t if he destroyed it, used it, brought it up to Lake Hopatcong or whatever, but I think it’s just a push that we have to get the identification. These weren’t in bad shape but somehow it broke lose and if it floated across the Lake, it means that it would have affected the boats, you know, boating and plus it ended up in the marina. It’s just a point of information to pass that long. The report that he gave was a very comprehensive report on what he’s doing. So I know that he’s working hard to try to conform to everything that we passed a couple of years ago.

Vice President Labow: Yes, Mr. Sohl?

Mr. Sohl: I’d just like to add that the Lake Committee did their cleanup and as a result of that activity they gave us a list of six or seven items. Probably the biggest element was a sunken paddle boat which was over in the eastern end of the Lake. In any case, that was taken out last week and everything else has pretty much been cleaned up.

Mr. Rattner: Did the Town take that out?

Mr. Sohl: Yes, we did.

Mr. Rattner: Okay, because the original, your first response was…

Mr. Sohl: Originally we said no. I said, “Come on guys, this is a no brainer. Let’s just get the damn thing out.”

Mr. Rattner: Thank you very much and I’ll pass that along to the Lake Committee if you haven’t already.

Mr. Sohl: I think Lisa has already done that.

Mr. Rattner: Oh, okay. I’m sure they are very appreciative and thank you.

Vice President Labow: I know about a week after we had that report I was driving past the Boat House and I saw the picnic tables that were in the water. They were dragging them out and they were cleaning that up. So that was very good. Thank you very much, Mr. Sohl. Next on the Agenda we have Mr. Perkins with the Safety Committee Report.

Safety Committee Liaison

Mr. Perkins: A meeting should be scheduled for next month, Madam Vice President. What I can tell you is that so far hospital based ambulance service is working out very well.

Vice President Labow: Oh, good. That was what I was going to ask you. Thank you. At the next meeting could you, do you think they have any numbers yet, or is that going to be too early?

Mr. Perkins: I have to wait for the meeting, Madam Vice President.

Vice President Labow: Okay, good, thanks. Economic Development Committee Report, Mr. Rattner.

Economic Development Committee Report

Mr. Rattner: We’ve been having trouble getting meeting dates.

Vice President Labow: Okay, Solid Waste Advisory Committee Report, Mr. Perkins.

Solid Waste Advisory Committee Report

Mr. Perkins: Nothing to report.

Vice President Labow: Library Board, Mr. Tobey?

Library Board Liaison

Mr. Tobey: Just one item to report on. Bill S2775 was actually pulled as of June 1st and that was the bill that threatened to reduce the Library funding by 50%. So that was officially pulled.

Senior Citizen Liaison

Vice President Labow: Alright, very good. Thank you. Senior Citizen Report. I don’t have anything to report at this time unless Mr. Perkins has anything.

Mr. Perkins: I believe their last meeting was pretty much uneventful. The new officers are sworn in and ready to go.

Vice President Labow: I know that they have the Senior Citizen Picnic coming up in, I think, July.

Mr. Perkins: July 23rd.

Vice President Labow: Mr. Sohl?

Mr. Sohl: Yes, just to try to keep things going in a positive vein, I invited Mr. Amianda, the new President, to meet with us. So we had a meeting with Daniel and he brought one of his, I guess his Vice Presidents with him, and Diane, Jim Lynch, Frank Wilpert, Sr., just to go over where things are at and make sure that everybody understands that we are here to help and make things happen.

Vice President Labow: Oh, good. Excellent idea. Thank you.

Mr. Sohl: That was last week.

Vice President Labow: Very good, thank you very much. Alright, does anybody have anything else to add? Seeing none, now I’ll put it to the public. Anybody from the public? Mr. McDonnell, please state your name and address for the record.

PUBLIC PORTION

Ned McDonnell, Budd Lake: Just a question about both the letters from residents/organizations, number five, the Susquehanna Roseland Electric Transmission Line. Do we have information? Is any portion of that proposed to go through Mount Olive?

Mr. Perkins: I don’t believe so.

Mr. Rattner: No, the closest it comes is Jefferson.

Mr. Perkins: Jefferson, I think, is the closest.

Mr. McDonnell: Okay, thank you very much.

Vice President Labow: Thank you. Anybody else from the public? Seeing none, we’re already to the last page here.

Mr. Perkins: Council Comments.

COUNCIL COMMENTS

Vice President Labow: Council Comments, Mr. Tobey?

Mr. Tobey: Nothing, thank you.

Vice President Labow: Mr. Perkins?

Mr. Perkins: Nothing, thank you.

Vice President Labow: Mr. Rattner?

Mr. Rattner: The Beach was prepared very nicely. It looks beautiful again this year. Now, if the weather will cooperate maybe people will use it.

Mr. Sohl: Sun? What is the sun?

Vice President Labow: And I just want to say that it looks like we’re going to finish this meeting up in forty minutes, and I think the quickest Mr. Greenbaum ever had was forty-five so…

Mr. Rattner: Well, hurry up otherwise…

Vice President Labow: I know, we’ve got to hurry. That’s all the comments I have.

Mr. Perkins: I did a half hour, Madam Vice President.

Vice President Labow: I’ll have to try harder next time. Do I have a motion to adjourn?

Mr. Perkins: So moved.

Vice President Labow: Do I hear a second?

Mr. Tobey: Second.

Vice President Labow: All in favor?

AYE
ADJOURNMENT

Motion was made and seconded, all in favor and none opposed, the meeting was adjourned at 8:10 pm.

_________________________________
Russell J. Tepper, 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 July 7, 2009.
_________________________________
Lisa Lashway, Township Clerk

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