MOUNT OLIVE TOWNSHIP COUNCIL MINUTES - JUNE 24, 2008

The Regular Public Meeting of the Mount Olive Township Council was called to Order at 9:09 pm by Council President Perkins with the Pledge of Allegiance.

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

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

ROLL CALL

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

Absent: none

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

Questions on Bill List?

President Perkins: Any questions on the Bill List? Seeing none, we’ll move that. That takes us to the Approval of Minutes of Previous Meetings. Mr. Greenbaum, would you move those, please?

APPROVAL OF MINUTES OF PREVIOUS MEETINGS

Mr. Greenbaum: I’ll move the Minutes of:

5/20/2008 WS & PM – All present
6/10/2008 CS – first one (all present)
6/10/2008 CS - second one (Mr. Perkins recused)
6/10/2008 WS & PM – All present

President Perkins: Thank you.

Mrs. Lashway: And the Workshop Minutes have been amended. Everybody received an amended set of those Minutes today.

Mr. Greenbaum: Yes, the Minutes as amended.

President Perkins: Do I have a second, please?

Mr. Roman: Second.

President Perkins: Thank you. Council discussion, corrections? Seeing none, Roll Call, Lisa?

ROLL CALL – Passed with the exception President Perkins abstained from the June 10, 2008 Second Closed Session meeting

CORRESPONDENCE

LETTERS FROM RESIDENTS / ORGANIZATIONS

1. Information received June 9, 2008, from the Mount Olive Area Chamber of Commerce regarding the June Business Meeting. PDF Correspondence

2. E-mail received June 17, 2008, from Donna Ward regarding treatment of weeds at Budd Lake. PDF Correspondence

3. E-mail received June 17, 2008, from Mike DeCarlo regarding the Rosewood Ditch. PDF Correspondence

4. Letter received June 18, 2008 from Ronald Kevitz regarding a request for an easement from the Township. PDF Correspondence

RESOLUTIONS / ORDINANCES / CORRESPONDENCE OTHER TOWNS

5. Resolution received June 18, 2008, from the Township of Middletown urging the Governor and State Legislators to oppose Affordable Housing Bills A-500 and S-1783 as creating further property tax increases. PDF Correspondence

6. Resolution received June 20, 2008, from the Township of Hanover regarding resolution opposing the Third Round Affordable Housing Rules Adopted by COAH. PDF Correspondence

MUA / MSA

7. Audit received June 9, 2008, from the Musconetcong Sewerage Authority regarding the year 2007. PDF Correspondence

DOT / DEP / LOI / HIGHLANDS

8. Letter received June 9, 2008, from the State of New Jersey, Department of Environmental Protection regarding the funds now available thanks to the passage of the 2007 Open Space Referendum. PDF Correspondence

9. Letter of Interpretation received June 9, 2008, from the State of New Jersey, Department of Environmental Protection regarding Applicant: David Koplowitz, BL 912J, LOT 15 (Township of Woodbridge, Middlesex County) PDF Correspondence

10. Letter of Interpretation received June 9, 2008, from the State of New Jersey, Department of Environmental Protection regarding Applicant: Morris Mount Olive Associates BL 400 LOTS 1 & 2 and BL 500, LOTS 2 & 3. PDF Correspondence

11. Letter received June 11, 2008, from the State of New Jersey Department of Environmental Protection, Solid and Hazardous Waste Management Program, Bureau of Landfill & Hazardous Waste Permitting regarding a Time Extension for Minor Landfill Disruption Approval for the Combe Fill North Landfill. PDF Correspondence

12. Letter received June 13, 2008, from the State of New Jersey Department of Environmental Protection, Division of Land Use Regulation regarding an Extension of a Letter of Interpretation – Line Verification for Mt. Olive Center Associates, Block 4100 Lots 80 and 84 (136 Summit Ave). PDF Correspondence

13. Letter received June 16, 2008, from Careaga Engineering, Inc. regarding a legal notification of an application for permission to repair a septic system for the Lum Property at 11 River Road. PDF Correspondence

LEAGUE OF MUNICIPALITIES

14. E-mail received June 6, 2008, from the New Jersey State League of Municipalities regarding Arbitration and Hotel Liquor License Cost Reduction. PDF Correspondence

15. E-mail received June 6, 2008, from the New Jersey State League of Municipalities regarding Affordable Housing, Permit Extension, and the Mandatory Appointment of Qualified Purchasing Agent. PDF Correspondence

16. E-mail received June 9, 2008, from the New Jersey State League of Municipalities regarding Security Bonds on Landlords and Federal Update for Period Ending June 6, 2008. PDF Correspondence


17. E-mail received June 10, 2008, from the New Jersey State League of Municipalities regarding Urgent Legislative Alert: Affordable Housing/A-500 – S1783, State Budget Crunch Time, COAH Challenge, Pledges. PDF Correspondence

18. E-mail received June 11, 2008, from the New Jersey State League of Municipalities regarding A-1645 / S-770 – Mandatory Appointment of Qualified Purchasing Agent, and SCS for S-241/394/1098 and 710 – Property Tax Exemption for Renewal Energy Systems. PDF Correspondence

19. E-mail received June 13, 2008, from the New Jersey State League of Municipalities regarding Urgent Action Needed – Assembly Set to move on Bills on Monday and Two Issues: Permit Extension Act and Pension Reform. PDF Correspondence

20. E-mail received June 16, 2008, from the New Jersey State League of Municipalities regarding Important New Information from the Division of Local Government Services and Understanding and Implementing the New Jersey School Funding Formula. PDF Correspondence

21. E-mail received June 17, 2008, from the New Jersey State League of Municipalities regarding A-2731 Permits Greater Local Traffic Regulation, Permit Extension A-2867/S-1919, Surcharge for Private Collection of Property Taxes, Hotel Liquor License Bill, A-500 Passed Assembly: Senate Vote on Monday, and 2008 Selected Municipal License Fees Available Now! PDF Correspondence

22. Letter received June 18, 2008, from the New Jersey State League of Municipalities regarding the 11th Annual Elected Officials Hall of Fame. PDF Correspondence

23. E-mail received June 18, 2008, from the New Jersey State League of Municipalities regarding State Budget Nears Completion. PDF Correspondence

24. E-mail received June 19, 2008, from the New Jersey State League of Municipalities regarding Court Holds Contract Specifications Cannot Require Health Plan or Apprenticeship Program. PDF Correspondence

25. E-mail received June 20, 2008, from the New Jersey State League of Municipalities regarding Job Line Rate Change Effective August 1st. PDF Correspondence

UTIITIES

26. Letter received June 12, 2008, from Comcast regarding Channel Changes. PDF Correspondence

27. Letter received June 16, 2008, from Comcast regarding a New Billing Option. PDF Correspondence

LETTERS FROM LEGISLATIVE REPRESENTATIVES

28. E-mail received June 6, 2008, from Congressman Frelinghuysen regarding oil price investigation, opposition of biggest tax increase in history, funding troops, modernizing the GI Bill, and the Protect America Act. PDF Correspondence

29. Letter received June 11, 2008, from Senator Steven V. Oroho, Assemblywoman Alison Littell McHose, and Assemblyman Gary R. Chiusano regarding their intended vote against legislative bill A-500. PDF Correspondence

30. E-mail received June 13, 2008 from Congressman Frelinghuysen regarding Frelinghuysen supports Amtrak, Honoring Picatinny’s Innovations, Visits Area Schools, Speaks at Relay for Life, and Charter Schools Threatened. PDF Correspondence

President Perkins: That takes us to Correspondence of which we have 30 pieces of Correspondence. Does any Council member wish to address any? Mr. Greenbaum?

Mr. Greenbaum: John, I saw that there is a letter from Ronald Kevitz, number four, with regard to an easement for a gas line that’s to run from Crenshaw Drive through the emergency right of way. I believe that Mr. Greenbaum (cont’d): that is actually being constructed, or deconstructed by St. Elizabeth’s Church as well for the sewer line. I’m wondering, number one, if they’re going to do any type of destructive asphalt work to actually put in the line and what the responsibility is. Number two, whether or not they actually need an easement from the Flanders Crossing Homeowner’s Association to run the gas line that’s proposed. I know that St. Elizabeth’s needed such an agreement because I guess that emergency access road is actually property owned by the Association.

Mr. Dorsey: Well, you would know better than I. I think that you are saying that they are crossing Flanders Crossing property…

Mr. Greenbaum: I believe they are.

Mr. Dorsey: …and if they are then clearly they need an easement from the Flanders Homeowner’s Association.

Mr. Greenbaum: I believe that the Township needs to send them a letter.

Mr. Dorsey: Mr. Sohl has his hand up.

President Perkins: Mr. Sohl?

Mr. Sohl: Yes, the documentation we had didn’t indicate Flanders Crossing as an owner. It was just addressed to us. Tim and I were going to review it tomorrow. So it’s fine.

Mr. Greenbaum: Well if it’s going from Crenshaw Drive through the emergency access, which is exactly what St. Elizabeth’s did…

Mr. Sohl: I could show you right after the meeting what the map reflects.

Mr. Greenbaum: All I can tell you is that it’s my understanding that that right of way which is cleared by the Association and not by the Township is Flanders Crossing property.

Mr. Sohl: We’ll make sure whatever the route is, if it touches on Flanders Crossing we’ll engage you guys.

Mr. Greenbaum: Okay.

President Perkins: Well they would have to provide a metes and bounds description, wouldn’t they, Rob?

Mr. Greenbaum: I don’t know.

Mr. Sohl: Right now it’s pretty, it’s not metes and bounds specific. It’s a tax penalty. Normally they do this with just a tax map.

President Perkins: This is still in the preliminary, I guess?

Mr. Sohl: We will research it further.

Mr. Greenbaum: Thank you.

President Perkins: Right, thank you, Bill. Any other, Mr. Rattner?

Mr. Rattner: Yes, on that I knew that was coming. I didn’t realize that quickly. I sent something to the Administration which I think you were all copied on saying that if we’re going to put, gas, if it’s possible to put gas lines, let’s see about servicing the area at least up to the River because I think that’s something we can do for the residents down there. The Business Administrator did get right back to me and said they would look at that as part of the project and I think that’s something well worth instead of just doing it piecemeal, looking at trying to do it for the rest of the people or as many people as we could.

Mr. Sohl: And in fact I think we got the documentation from Mr. Kevitz a day or two after we spoke.

Mr. Rattner: I know.

Mr. Dorsey: Interestingly enough, the easement in the letter from Kevitz says, they indicate that they would be happy to accommodate me, that’s the homeowner, to get gas. They indicate that they would be happy to accommodate me. However, they would need an easement from the Township. So apparently they think that there’s one necessary. I mean, I don’t know without looking to see whether there’s a filed map which permits utilities to use that easement.

Mr. Greenbaum: Maybe.

Mr. Dorsey: It could be. I haven’t searched the plan.

Mr. Sohl: I’ve just marked up a tax map.

President Perkins: I would say it’s got a little ways to go yet, Bill.

Mr. Sohl: Sounds like it. Not a problem.

ORDINANCES FOR PUBLIC HEARING

President Perkins: Alright, that moves us on to, any other questions or comments on the Correspondence? Seeing none, we’ll move on. That takes us to Ordinances for Public Hearing. I open the hearing to the public on Ord. #31-2008, entitled:

Ord. #31-2008 Ordinance to Exceed the Municipal Budget Cost of Living Allowance and to Establish a CAP Bank (N.J.S.A. 40A-4-45.14)

President Perkins: Mr. Tepper.

Mr. Tepper: Yes, Mr. President, I move for approval and adoption of Ord. #31-2008.

Mrs. Labow: Second.

President Perkins: Anyone from the public wish to be heard on that ordinance? Seeing none, I close it to the public. Council discussion? Seeing none, Roll Call.

ROLL CALL – Passed Unanimously

President Perkins: Ord. #31-2008 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. I open the hearing to the public on ordinance #32-2008, entitled:

Ord. #32-2008 An Ordinance of the Township of Mount Olive to Amend and Supplement Chapter 102 Entitled “Documents, Fees For Copies of”, Section 102-5 Entitled “Photocopies (Per Page)” of the Code of the Township of Mount Olive.

President Perkins: Anyone from the public wish to be heard on that ordinance? Seeing none, I close it to the public. Mr. Roman.

Mr. Roman: Thank you, Mr. President. I move for adoption and final passage of Ord. #32-2008.

Mrs. Labow: Second.

President Perkins: We are going to try to continue that.

Mrs. Lashway: I was at a seminar last week with Sherry and Bill and I did question the attorney giving the seminar who is the in-house counsel for the Government Records Council. I explained to her what was going on with this and the lawsuit and Mr. Jara and the discussion I had had with someone at the Government Records Council. She said that the information that was given to me from her office was contrary to the way they act. Mrs. Lashway (cont’d): So she was going to look into it and get back to me. So I ask that you hold this until we get a legal opinion from the attorney for the Government Records Council. So I’d rather not reduce the fees if we don’t have to.

Mr. Dorsey: Alright, well then shall we just adjourn it for two weeks? Let’s adjourn it.

Mr. Rattner: I’ll make a motion to continue the public hearing to July 8th.

Mrs. Labow: Second.

President Perkins: Any discussion? Roll Call, please?

ROLL CALL – Passed Unanimously

President Perkins: I open the hearing to the public on ordinance #33-2008, entitled:

Ord. #33-2008 An Ordinance of the Township of Mount Olive to Amend and Supplement Ordinance No. 14-2008 Entitled “An Ordinance of the Township of Mount Olive to Amend and Supplement Various Portions of the Mount Olive Township Code Dealing with Solid Waste and Recycling”

President Perkins: Does anyone from the public wish to be heard on that ordinance? Seeing none, I close it to the public. Mrs. Labow, would you move that, please?

Mrs. Labow: Yes, thank you, Mr. President. I’d like to move for adoption and final passage of Ord. #33-2008.

President Perkins: Can I have a second, please?

Mr. Roman: Second.

President Perkins: Thank you. Council discussion? Roll Call.

ROLL CALL – Passed Unanimously

President Perkins: Ord. #33-2008 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. I open the hearing to the public on ordinance #34-2008, entitled:

Ord. #34-2008 An Ordinance of the Township Council of the Township of Mount Olive Amending Ordinance #4-2007 Entitled Salaries of Certain Non-Union Personnel.

President Perkins: Anyone from the public wish to be heard on that ordinance? Seeing none, I close it to the public and ask Mr. Rattner to move that, please.

Mr. Rattner: Thank you, Mr. President. I move for adoption and final passage of Ord. #34-2008.

Mr. Tobey: Second.

President Perkins: Second, thank you. Council discussion? Roll Call, please.

ROLL CALL – Passed Unanimously

ORDINANCES FOR FIRST READING (2nd reading July 8, 2008)

President Perkins: Ord. #34-2008 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. That takes us to Ordinances for First Reading with a Second Reading for July 8th, 2008. That takes us to Ord. #36-2008, entitled:

Ord. #36-2008 An Ordinance of the Township Council of the Township of Mount Olive Authorizing the Acquisition of Lots 51 and 52, Block2700 and Lot 1, Block 3204 (The Boat House).

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

Mr. Tobey: Yes, I move that Ord. #36-2008 be introduced be introduced by title and passed on first reading and that a meeting be held on July 8th, 2008 at 7:30 p.m. at the Municipal Building, 204 Flanders-Drakestown Road, Mount Olive, NJ for a public hearing consideration of said reading and passage of said ordinance and that the Clerk be directed to publish, post and make available such ordinance in accordance with the requirements of law.

President Perkins: Do I have a second?

Mr. Roman: Second.

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

ROLL CALL – Defeated with Mr. Greenbaum, Mr. Tepper, Mr. Roman, and President Perkins voting no. Mrs. Labow, Mr. Rattner, Mr. Tobey voted yes.

President Perkins: The next item on the Agenda for First Reading is Ordinance #37-2008, entitled:

Ord. #37-2008 Ordinance Amending Section 3(j) of Bond Ordinance #27-2005, as Amended by Bond Ordinances #31-2006 and #51-2007 of the Township of Mount Olive, in the County of Morris, New Jersey, Finally Adopted August 9, 2005, as Amended November 21, 2006 and December 18, 2007 in Order to Amend the Description of the Project.

President Perkins: Mr. Greenbaum, could you move that, please?

Mr. Greenbaum: I move that Ord. #37-2008 be introduced be introduced by title and passed on first reading and that a meeting be held on July 8th, 2008 at 7:30 p.m. at the Municipal Building, 204 Flanders-Drakestown Road, Mount Olive, NJ for a public hearing consideration of said reading and passage of said ordinance and that the Clerk be directed to publish, post and make available such ordinance in accordance with the requirements of law.

President Perkins: Second?

Mr. Rattner: Second.

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

ROLL CALL – Passed Unanimously

President Perkins: The next item on the Agenda for First Reading is Ordinance #38-2008, entitled:

Ord. #38-2008 An Ordinance of the Township of Mount Olive to Amend and Supplement Chapter 178 Entitled “Peace and Good Order,” Section 178-4 and Section 178-19 of the Code of the Township of Mount Olive.

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

Mr. Tepper: Yes, Mr. President. I move that Ord. #38-2008 be introduced by title and passed on first reading and that a meeting be held on July 8th, 2008 at 7:30 p.m. at the Municipal Building, 204 Flanders-Drakestown Road, Mount Olive, NJ for a public hearing consideration of said reading and passage of said ordinance and that the Clerk be directed to publish, post and make available said ordinance in accordance with the requirements of law.

President Perkins: Do I have a second?

Mrs. Labow: Second.

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

ROLL CALL – Passed Unanimously

President Perkins: The next item on the Agenda for First Reading is Ord. #39-2008, entitled:

Ord. #39-2008 An Ordinance to Amend Chapter 400 (Land Use Ordinance) of the Ordinances of the Township of Mt. Olive to Amend the Official Zoning Map.

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

Mr. Roman: Yes, Mr. President. I move that Ord. #39-2008 be introduced by title and passed on first reading and that a meeting be held on July 8th, 2008 at 7:30 p.m. at the Municipal Building…

Mrs. Labow: Second.

President Perkins: Hold on.

Mr. Roman: 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 said ordinance in accordance with the requirements of law.

President Perkins: Now, thank you.

Mrs. Labow: Second.

Mr. Greenbaum: I hope, Colleen, that you do other things in your life with more patience.

Mrs. Labow: Patience, yes, I try except when I talk to you.

President Perkins: Like if you’re checking us out, you know, on the cash register that is.

Mrs. Labow: He paused for a second. I thought he was done.

Mr. Tepper: He was trying to read it.

Mr. Roman: A dramatic pause.

Mrs. Labow: Oh, it was a dramatic pause.

President Perkins: Council discussion on that ordinance? Seeing none, Call the Roll, please.

ROLL CALL - Passed Unanimously

President Perkins: The next item on the Agenda for First Reading is Ord. #40-2008, entitled:

Ord. #40-2008 Bond Ordinance Providing for Various Water Utility Improvements of the Township of Mount Olive, in the County of Morris, New Jersey, Appropriating the Aggregate Amount of $365,000 Therefor and Authorizing the Issuance of $346,750 Bonds or Notes of the Township to Finance Part of the Cost Thereof.

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

Mrs. Labow: Yes.

Mr. Greenbaum: Second.

Mrs. Labow: I was waiting for that. I was going to do a dramatic pause.

President Perkins: You’d have to pay to see this in other places.

Mrs. Labow: Thank you, Mr. President. Let’s see. I move that Ord. #40-2008 be introduced by title and passed on first reading and that a meeting be held on July 8th, 2008 at 7:30 p.m. at the Municipal Building, 204 Flanders-Drakestown Road, Mount Olive, NJ for a public hearing consideration of said reading and passage of said ordinance and that the Clerk be directed to publish, post and make available such ordinance in accordance with the requirements of law.

Mr. Greenbaum: Second.

President Perkins: Council discussion? Seeing none, 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 of Mount Olive for Determining Positions Eligible for the Defined
Contribution Retirement Program. PDF Resolution

2. Resolution of the Township Council of the Township of Mount Olive Authorizing the Retention of Appraisal Consultants Corp. in Connection with Tax Appeals. PDF Resolution

3. Resolution of the Township Council of the Township of Mount Olive Authorizing the Renewal of Alcoholic Beverage Licenses for the 2008-2009 Licensing Period. PDF Resolution

4. Resolution of the Township Council of the Township of Mount Olive Amending the 2008 Temporary Budget for the Current Fund and Water Utility. PDF Resolution

5. Resolution of the Township Council of the Township of Mount Olive Authorizing the Cancellation of Sewer Billing for Block 4100 Lot 60, Sub 2. PDF Resolution

6. Resolution of the Township Council of the Township of Mount Olive Awarding a Contract to OCS Printing for Printing Services for 2008-2008 (Revised). PDF Resolution

President Perkins: Mr. Tepper?

Mr. Tepper: I’d like to remove item #1.

Mrs. Labow: Are we taking #2 off?

President Perkins: Excuse me?

Mr. Dorsey: Why are you taking #2 off?

Mr. Rattner: Because we’re adding the extra line.

Mr. Dorsey: You don’t have to take it off.

Mrs. Labow: Yes, 2 is amended.

Mr. Tobey: As amended.

President Perkins: Just put it as amended.

Mr. Rattner: Okay.

Mrs. Labow: It’s already amended, okay.

Mr. Rattner: Well, we didn’t amend it because it wasn’t at a public meeting.

Mr. Dorsey: Doesn’t matter.

Mr. Rattner: And #5 we’re taking off.

President Perkins: Right, that’s off, off.

Mr. Dorsey: That’s the one we have to do research on.

President Perkins: Any other Council member wish anything else?

Ms. Jenkins: I got it.

President Perkins: Mr. Rattner, would you then move for Consent Resolutions 2 through 4 and 6.

Mr. Rattner: I just want to restate that we put that “not to exceed” on Resolution #2 “as not to exceed $10,000.” I now move Resolutions 2, no 3…

Mr. Tepper: 2, 3, 4…

Mr. Rattner: 2, 3, 4 and 6.

President Perkins: Thank you and do I have a second?

Mrs. Labow: Second.

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

ROLL CALL – Passed Unanimously

PUBLIC PORTION ON CONSENT RESOLUTIONS

President Perkins: Anyone from the public have any questions on Consent Resolutions numbers 2, 3, 4, and 6? Okay, Mr. Tepper, I think you moved #1 to go off for Non Consent. Would you move that please?

COUNCIL COMMENTS ON CONSENT RESOLUTIONS

RESOLUTIONS NON CONSENT

Mr. Tepper: Can we have some discussion on it before or do I have to move it first?

President Perkins: You have to move it to bring it forward.

Mr. Tepper: I will move Non Consent Resolution #1.

1. Resolution of the Township of Mount Olive for Determining Positions Eligible for the Defined
Contribution Retirement Program.

Mrs. Labow: Second.

President Perkins: Okay, thank you. Now, Mr. Tepper.

Mr. Tepper: I’d like to understand why we’re doing this and what the need is for it. As the Business Administrator is currently covered and the Municipal Court Judge is certainly empowered to invest his funds in Mr. Tepper (cont’d): a retirement account, so I don’t understand why we’re creating this particular resolution or need to create a defined contribution account. Are we moving the Business Administrator to that program?

Mr. Sohl: No. I think I can explain it. This resolution was required by the State. There is in fact one DCRP participant already and I believe that’s Alex.

Mr. Tepper: Who?

Mr. Sohl: Alex Roman. People that are already in what they call the PERS system don’t have to leave it, but there will be a point in time in the future when a future Business Administrator will not have that option.

Ms. Jenkins: Basically the State sent…

Mr. Sohl: And the Judge, same thing. The Judge, if he’s in it already will stay in.

Ms. Jenkins: The State sent us the model ordinance and said we had to adopt it by July 1st. I reviewed the different positions that could be with them. It is their ordinance. Other than the fact than, you know, we had to go through the positions obviously. We’re doing it because we have to. They’re requiring that it be done.

Mr. Rattner: That’s in the second “whereas” saying that we’re required by the State to basically memorialize what we’ve already been doing.

Ms. Jenkins: We are. We have to do this and we also have to send a transmittal letter with it.

Mr. Tepper: So we don’t have to move those people to that.

Ms. Jenkins: No, anybody who was here before July 1st of 2007, Russ, can remain in the Public Employees Retirement System. This is for anybody hired after that and as it says there’s certain positions that are exempt. There’s a list of those. So we’re doing it because we’re required to.

Mr. Tepper: Thank you.

President Perkins: Any other questions on that? Roll Call, please?

Mrs. Lashway: Mr. Greenbaum?

Mr. Greenbaum: Ray, I think you have to open it up the public before we vote.

President Perkins: Oh, I’m sorry. Thank you, Mr. Greenbaum. Anyone from the public wish to discuss Non Consent Resolution #1? Seeing none, I close it to the public. Now, Mr. Greenbaum, thank you.

ROLL CALL – Passed Unanimously

PUBLIC PORTION ON INDIVIDUAL RESOLUTIONS - none

COUNCIL COMMENTS ON INDIVIDUAL RESOLUTIONS - none

MOTIONS

President Perkins: That takes us to Motions. Mr. Tobey, would you move the first Motion, please?

Mr. Tobey: I move Motion #1 as presented.

1. Approval of Raffle Application #2254 & #2255 for St. James Episcopal Church and RA#2256 for the Mt. Olive Baseball Softball Assn.

Mr. Roman: Second.

President Perkins: Thank you. Discussion? Roll Call.

ROLL CALL – Passed Unanimously

President Perkins: Mr. Greenbaum, would you move the Bill List for us, please?

Mr. Greenbaum: I move the Bill List.

2. Bill List.

Mr. Tepper: Second.

President Perkins: Thank you. Discussions or questions? Seeing none, Roll Call.

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

ADMINISTRATIVE MATTERS

President Perkins: That takes us to Administrative Matters. Mr. Sohl?

Mr. Sohl: Nothing right now.

President Perkins: Nothing. Mr. Mayor?

Mr. Sohl: Oh, wait a minute the Mayor has something.

Mayor Scapicchio: Yes, I mean, if anybody thinks the State is in a sorry shape I can add to that. It’s been brought to my attention that there are three commercial businesses in the Trade Zone that have approvals to build that can’t build because there’s a water moratorium that DEP put on. New Jersey American has the water franchise for that area. These businesses are not allowed to tie into that water system that goes past the properties that they’re looking to develop. It does not seem to make sense to me. We’re losing some valuable ratables. The State is losing some tax revenue and my understanding is that the application has been at the State level for two years now, water allocation. I spoke with Gene Buczynski today. He was going to make some calls down to the State to find out exactly where in the process the application is and see if we can sort of help move that along but again, it’s in what they call an employment center. We’re not cutting down any more trees. We’re not putting in any more roads but yet we can’t tie in to a public water system. It doesn’t seem to make any sense whatsoever.

President Perkins: Thank you, Mayor, well, not thank you but… Any other questions or comments on that? Seeing none, that takes us to Old Business. Any Old Business to discuss?

OLD BUSINESS

Mrs. Labow: I have a question.

President Perkins: Go, Mrs. Labow.

Mrs. Labow: I’d like to know what’s up with the Boathouse now since it didn’t go through.

Mr. Dorsey: It’s dead.

Mrs. Labow: It’s totally dead and I don’t understand why the Council overall voted against it. A lot of work and effort was put into this and this is a piece of property that I strongly believe we should own. I don’t know if anybody wants to explain why?

President Perkins: I think everybody has their individual reasons why they voted the way they did? The issue is now dead.

Mr. Dorsey: It’s not really appropriate to try and cross examine each Councilmember.

Mrs. Labow: Is there something that we’re missing or just personal preferences? I mean, we got the contract and…

Mr. Tepper: I think you should identify it as a Workshop issue if you want to bring it up, but we’ve discussed it over and over and numerous times. I think people have expressed their positions.

President Perkins: Mr. Greenbaum?

Mr. Greenbaum: I’m more than happy to tell you why I voted no. It’s a piece of property that the Administration has indicated if we purchase we’re going to take down the building. I have no interest in purchasing a piece of property, taking it off of the tax rolls and spending money to take down the building. That’s why I voted no.

Mr. Tepper: Keep it on the tax rolls.

President Perkins: Alright, thank you, Mr. Dorsey. Alright, any other Old Business? New Business? Mr. Roman?

NEW BUSINESS

Mr. Roman: I just want to keep the Administration abreast that the last few months I’ve been looking into the Fleet Maintenance for not only the Township but for the Board of Education. Getting information from the Board of Education has not been as quick as I’d like but I just want to at least make the Administration and the rest of the Council members aware that I am looking into it. I don’t have anything of interest to report yet other than it’s extremely interesting what it costs us to maintain our vehicles. I’m hoping that the information I requested from the Board of Education will be coming soon forthwith now that the School year has ended.

Mr. Sohl: Has there been any problem on our side?

Mr. Roman: No, definitely the Administration has been extremely cooperative.

Mr. Tepper: File an OPRA request.

Mr. Roman: I was waiting for the ordinance to pass so it wouldn’t cost me as much.

President Perkins: Mrs. Labow?

Mrs. Labow: For the Board of Education, you know Steve Sluka retiring and then Mr. Scerbo coming on I believe August 10th. So they’re in a transitional period right now so that might be where some of the hold up is. I don’t know. Now that School’s ended things should be…

Mr. Roman: That’s what I’m hoping now that School’s ended, that the various documents I’ve requested will be coming.

President Perkins: Alright, anything else? Legal Matters… Oh, Mr. Rattner.

Mr. Rattner: I’ll do it under Comments.

LEGAL MATTERS

President Perkins: Any Legal Matters, Mr. Dorsey?

Mr. Dorsey: No.

COUNCIL REPORTS

Recreation Liaison Report

Mr. Roman: We meet July 9th.

Board of Health Report

Mrs. Labow: We actually did not meet last week and we do not have a meeting in July. The next meeting is August but I do have a preliminary report. We have begun our census for our dog licenses which is mandated by the State. We have to finish it up mid-August. I think we have five employees out there doing the door to door canvassing and it’s going quite well. The other thing we have found this year more so than any other year, we’re really not sure why this is happening. We have an exorbitant amount of stray cats that we’ve been picking up which Sherry can probably understand that it’s creating quite an issue because we have to board them at Golub. We have to pay for the boarding. Most of them have been euthanized. A lot of them are feral cats. They’re not available to be adopted and I think we’re up to something like 40 cats all total for this year. It is quite a bit of money. One of the issues we did find is that there are some people who just decide to feed stray cats and eventually the neighbors start to gather more and more cats. It’s becoming quite an issue. People have to understand if you’re going to feed the cats and they start bringing them around it does create a situation that we then have to go and address. Otherwise everything else is going well. We have Debbie Potter who has now moved over into the Health Department and things are going well.

President Perkins: I can say that when I was liaison to the Board of Health as you are the Chair, I noticed alarmingly over each and every year that there were more and more cats showing on the list. Ironically enough Channel 12 had some interview yesterday with a national ASPCA and with the state of the economy more and more people are tossing cats. You know dogs too, but a lot of cats are getting tossed.

Mrs. Labow: Yes, it’s mostly cats and there are more cats that are actually being infected with rabies. It is an issue so kind of put aware out there…feeding cats, it’s an issue.

President Perkins: Mr. Greenbaum, the dog man.

Mr. Greenbaum: Yes, I have a question for Colleen. I have a friend who just got a new puppy.

Mrs. Labow: You have a friend?

Mr. Greenbaum: Yes.

Mrs. Labow: Just the one, right?

Mr. Rattner: The puppy.

Mrs. Labow: Oh, it’s the puppy.

Mr. Greenbaum: When does my friend have to get his dog licensed? Is it within 6 months?

Mrs. Labow: I think it was the first year like January…

Mrs. Lashway: Six months, they can’t get a rabies shot until they’re six months.

Mr. Greenbaum: So six months, okay. I’ll tell my friend.

Mr. Tobey: Is your friend’s name Rob?

Mr. Tepper: It’s Haley.

Mrs. Labow: Did you get a dog? Haley got a dog?

President Perkins: Planning Board report, Mr. Tepper?

Planning Board Report

Mr. Tepper: Relatively quiet meeting. There were only two development matters. Rezamir was granted its third and final extension as mandated by law, and there is an existing piece of property in the Trade Zone that’s use is going to be changed from single occupant to multiple occupants. There was a lot of discussion on the dock ordinance that was proposed. Evidently the Lake group is upset with some of the changes proposed and had written a letter. I believe some correspondence was just provided to the Council on that.

Board of Adjustment Liaison Report

Mr. Roman: Nothing of note to report.

Open Space Committee Report

Mrs. Labow: We meet the week after next.

Legislative Committee Report

Mr. Rattner: Nothing to report.

Pride Committee Liaison Report

Mrs. Labow: We meet tomorrow.

Board of Education Liaison Report

Mr. Tobey: The Superintendent search or process is in I guess you can say full motion. Simply put, as information is available I’ll keep everyone informed. Other than that nothing else to report.

Mr. Rattner: Mr. Tobey, I have a question. Was the new contract presented? There was some discussion that they had finalized negotiations and that the amount of the raise was somewhat higher than what everyone had anticipated and I’m wondering was that voted on.

Mr. Tobey: You know what? I don’t have the answer to that but I’ll get it.

President Perkins: Mr. Roman?

Mr. Roman: Also, are you aware of any other public meeting for the Superintendent search like they did on the 11th?

Mr. Tobey: There was a meeting last night with some feedback but the schedule is, I don’t know what the dates are for that, for the next meeting, Board of Education meeting. I’ll send you an e-mail.

President Perkins: Mr. Greenbaum?

Mr. Greenbaum: I can say that I was at the High School graduation this year along with several other Council members and what a joy it was that it was outside. It was a beautiful evening and it was very much enjoyable as compared to previous years where it was unbearably hot. It was quick and very, very nice. Congratulations to Colleen and to Alex on the graduation of their children.

Mrs. Labow: Thank you.

Mr. Roman: I’d like to say one down and three to go.

Mrs. Labow: I’m on the last. That was my last one. I’m done.

Lake/Environment Issues Committee

Mr. Rattner: I don’t have anything to report but I do want to say that everybody appreciates the flow of information from the Administration on the weeding project. So we’ve been kept updated on that on a real time basis. That’s appreciated.

Safety Committee Liaison

Mr. Greenbaum: Nothing to report.

Finance Committee Report

Mr. Rattner: Nothing to report.

Economic Development Committee Report

Mr. Rattner: Last meeting the Mayor mentioned that he was going to be meeting with the Committee with Benjamin Moore because we heard some chatter that they may be thinking about moving out. We went down with the Planning Department, with the Chairman of the Economic Development Committee and the feedback that I got was that it was a very productive meeting. Benjamin Moore was very, very appreciative that the Town wants them to stay and would do what it could in trying to give them different ideas about what they can do. One surprising fact was, and I don’t think many people realize, I was told that they have approximately 250 employees there. I mean, that’s a big operation. So hopefully, I don’t know how serious they were about moving out but they are considering what they can do to expand. Mayor, you were there so you can probably talk about it better than I can.

Mayor Scapicchio: You know, I can tell you that’s the first time I’ve been in that facility and when you go down 206 and you see the sign, all you see is this long narrow driveway. When you go in there it’s really a wildlife habitat sanctuary that is surrounded by this commercial development. It’s the best of the both sides of the world, best of commercial development and the best of protecting our land. Benjamin Moore was very appreciative that we reached out and that we showed some concern and a willingness to help them in any way to expand. Catherine Natafalusy was there. She did have some suggestions. They don’t necessarily need to increase the footprint. They could certainly go up. They didn’t realize that and we’ll continue that open dialogue as we will with other businesses in the community. That idea was actually given to me by the Morris County Economic Development Committee who made the suggestion to Bill and I over a year ago, that it’s a good idea for the Mayor to reach out to some of these large businesses, you know, on a quarterly or yearly basis to let them know that we know they’re here and we’re here if they need our help. We’ve been trying to do that.

President Perkins: It’s always refreshing to see a Mayor and Administration that’s proactive to the Township. It’s been a while. Thank you, Mayor.

Solid Waste Advisory Committee Report

Mrs. Labow: No meetings until September.

Library Board Liaison

Mr. Tepper: Nothing to report.

PUBLIC PORTION

President Perkins: That takes us to our second public portion. Does anyone from the public wish to be heard on any item? Seeing none, I close it to the public. That takes us to Council Comments. Mr. Greenbaum?

COUNCIL COMMENTS

Mr. Greenbaum: None.

President Perkins: Mr. Tepper?

Mr. Tepper: None.

President Perkins: Mr. Roman?

Mr. Roman: First off I’d just like to thank all the effort that the Administration has done regarding the Boathouse issue and not that the efforts are not appreciated, but at this point in time I could not vote for it.

President Perkins: That it?

Mr. Roman: Yes.

President Perkins: Thank you. Mrs. Labow?

Mrs. Labow: Nothing.

President Perkins: Mr. Rattner?

Mr. Rattner: A week ago Monday the Assembly passed a revised, major revision to the COAH Third Round regulations. The Senate was supposed to vote on their version yesterday. What I was told happened was that the Senate took the Assembly bill and just renumbered it and there is a number of major changes. I’m not sure what they all need and maybe we’re going to have to have our Planner or somebody tell us what it, you know, how it’s going to affect us. One of the things is they are eliminating or forbidding non residential builders to build or be required to build affordable housing. That’s being replaced by a 2.5% fee on all non-residential development. The bill is so vague I can’t, nobody can figure out whether the State is going to get the money and we’re still going to have to build the units, or what is going to happen. They’re also eliminating the RCA’s which is the Regional, basically the transfer into the urban centers. There’s been some stuff in the newspapers saying it’s going to hurt the cities. Also, some of the things in there, there was no consistency with, there’s a big conflict between the water quality management rules that are coming in, but one of the more interesting parts is that the Regional Planning Council’s, that’s the Highlands Council, will have some affect and actually change and modify the requirements on individual towns based on economic feasibility. Now you try figuring out what that is especially when you’re in an area that doesn’t have much place to build. They say if the economic realities don’t fit that, they have the right to change it. At the same time, too, they’re talking about the non poor area, it’s in the Highlands, can be or may be I’m not sure exactly how it’s going to work, forced to take on more of the COAH requirements and if you’re in the preservation zone you will get relief. Again, the Assembly bill was passed last week. I’m not sure what’s going to happen now because I don’t know if the legislature is out for the summer. I heard that they may be. I don’t know what they’re going to be doing, just cleanup now, but there are a lot of different changes and there are a lot of new requirements. Some sound pretty good. A lot just get more confusing and we’re not sure if they did that on purpose so they can do, the COAH Council can do whatever they want to do and say well, the legislation allows it. There are some major, major changes. The big one is that we could not require any non, basically commercial facilities to build residential housing, but there will be a fee.

President Perkins: Mr. Tobey?

Mr. Tobey: I have one comment with regards to the Boathouse. There are several, what I would consider dilapidated structures around Town, and I personally would be hard-pressed to simply turn my cheek from a tax basis perspective and I respectfully state that. Thank you.

President Perkins: Thank you. Just a couple of quickies here. Today we had the official ribbon cutting from the Lutheran Social Service Ministries down at the Mount Olive Manor II. Mr. Sohl was one of the official scissor holders and we all stood back while he took, and that was, I can say that as part of the company that I’m involved with, that facility down there has passed all of the requirements to be New Jersey Energy Star Certified as well as Federal EPA Energy Star Certified. So those residents should be able to be resulting in about a 20% annual energy cost over the original building. So that was nice to see. The Mayor and Mr. Rattner were down there as well as Mrs. Labow and myself. I had contacted, I’ve been getting a lot of comments from neighbors, and obviously I think all of us in the Township now are seeing the affects of the Gypsy moths again. I’ve talked to Mr. Wilpert, so I would ask Mrs. Labow as the Board of Health Liaison, would you check with Mr. Wilpert? He was going to check and see what the status is. Is the State doing anything and if the State’s not doing that is that something that the Mayor and Administration can look at from a shared services standpoint of getting different municipalities together to have their municipalities sprayed. Mr. Tepper?

Mr. Tepper: The reason the State is not doing anything, this was discussed at the Planning Board meeting, is because Mount Olive did not request in the spring that we be considered for spraying, and that we should make sure that we’re included for next year as it is too late now to have them come out and spray. So the Administration will need to, in the spring or beforehand, identify from the State that we would like them to come out and accesses the potential areas and spray them for next year.

Mr. Sohl: You don’t spray every year.

Mr. Tepper: No they don’t spray every year. Bill’s correct.

President Perkins: There’s an awful lot of frass around, that’s for sure I can tell you.

Mr. Sohl: Just as a comment.

President Perkins: With that I have no other comments. Mayor do you have any…?

Mr. Sohl: I mean, I’ve seen more Gypsy moths this year than before. I remember probably 25 years ago when typically the side of the house was wall to wall.

Mr. Rattner: That’s the normal cycle because what happens is that the trees are destroyed. They don’t have enough food and so all of a sudden they die out due to lack of trees, and they cycle and they come back and they’ve been watching it come back down from New England. That’s just something that…

Mr. Greenbaum: It’s amazing how much Steve knows, isn’t it?

Mr. Tepper: You’re an entomologist.

President Perkins: He watches bugs all day.

Mr. Roman: Steve “Wikipedia” Rattner.

Mr. Rattner: It’s in the Sunday Star Ledger every week.

Mr. Greenbaum: I think you got that off of the Washington Township site.

President Perkins: Motion to adjourn, please.

ADJOURNMENT - Motion was made and seconded, all in favor and none opposed, the meeting was adjourned at 8:38 pm.

_________________________________
Raymond T. Perkins, Council President

I, LISA LASHWAY, Township Clerk of the Township of Mount Olive do hereby certify that the foregoing Minutes is a true and correct copy of the Minutes approved at a legally convened meeting of the Mount Olive Township Council duly held on July 8, 2008.

_________________________________
Lisa Lashway, Township Clerk


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