MOUNT OLIVE TOWNSHIP COUNCIL PUBLIC MEETING MINUTES - MARCH 11, 2008

The Regular Public Meeting of the Mount Olive Township Council was called to Order at 9:00 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. Greenbaum, Mr. Tepper

Absent: Mr. Rattner (Community Development meeting)

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

Questions on Bill List? – none

Mrs. Labow: Where did Nelson go?

Mr. Tepper: Move on.

President Perkins: Move on, Russ.

APPROVAL OF MINUTES OF PREVIOUS MEETINGS

President Perkins: Mr. Greenbaum?

Mr. Greenbaum: I’ll move:

Feb. 19, 2008 WS, PM & CS
Absent: Mr. Tepper

Feb. 26, 2008 WS, PM & CS
All Present

Mrs. Labow: Second.

ROLL CALL – Passed with the exception Mr. Tepper abstained from February 19th

CORRESPONDENCE

LETTERS FROM RESIDENTS/ORGANIZATIONS

1. Letter received February 19, 2008, from Alice Randall-Riley regarding Tim Quinn, DPW Director, and his professionalism.

2. Letter received February 26, 2008, from Rene Gadelha regarding the installment of a fence at Lou Nelson Park.

3. Letter received February 28, 2008, from Joseph & Jean Lillian Boutilier regarding the All Veterans Memorial and their son George Allen Barnes.

4. Letter received March 3, 2008, from Dolan and Dolan regarding Planning Board procedures.

5. Letter received March 3, 2008, from Charlie Uhrmann regarding George Allen Barnes and the All Veterans Memorial.

6. Letter received March 5, 2008, from Courter, Kobert & Cohen, regarding William Osa, Block 3305 Lot 3 (27 N. Mount Olive Road.)

7. Letter received March 6, 2008, from the New Jersey Mayor’s Association regarding Small Towns Stand to Lose State Aid.

8. E-mail received March 6, 2008, from Dianna Dorlon regarding Homeless Solutions in the Mine Hill Road area.

RESOLUTIONS / ORDINANCES / CORRESPONDENCE OTHER TOWNS

9. Ordinance received February 27, 2008, from Washington Township regarding Land Use.

10. Letter and resolution received March 5, 2008, from the Township of Hanover regarding a request to amend the Police and Firefighters Interest Arbitration Act of 1995.

11. Letter received March 6, 2008, from the Borough of Netcong Concerning Adoption, Revision, or Amendment of the Netcong Borough Municipal Master Plan.

MUA / MSA

12. Minutes received March 7, 2008, from the Musconetcong Sewerage Authority regarding the Reorganization Meeting of February 6, 2008.

DCA

13. E-mail received March 7, 2008, from the Department of Community Affairs regarding Fiscal Briefings.

DOT / DEP / LOI / HIGHLANDS

14. Letter received February 25, 2008, from Richard T. Sweeney, LLC regarding his Highlands Council Draft Plan Comments concerning Lot 5 Block 8200 (358 Route 46).

15. Letter received February 28, 2008, from the New Jersey Department of Transportation regarding a fully executed Application/Agreement for the Flanders Bartley Road 2008 Municipal Aid Program in the amount of $200,000.

16. Letter received February 28, 2008, from Hatch, Mott and MacDonald regarding the Hackettstown Municipal Utilities Authority, comments upon the Highlands Regional Master Plan Final Draft.

17. Letter received March 3, 2008, from James R. Woods, P.E. regarding an NJDEP application for Blue Vista Consulting, L.L.C. (Roxbury Rt. 80 Business Park)

18. Letter received March 3, 2008, from the State of New Jersey Department of Environmental Protection, regarding the Mount Olive Greenway Acquisition.

MORRIS COUNTY

19. Letter received February 25, 2008, from Morris County Community Development regarding a fully executed Grant Agreement and Project Compliance Package for 2007 Budd Lake Drainage.

20. Letter received February 25, 2008, from the Morris County Economic Development Corporation regarding the 5th Annual Morris County Municipal Summit.

21. E-mail received February 25, 2008, from the Morris County Department of Planning, Development & Technology regarding the Safe Routes to School Programs.

22. Minutes received February 28, 2008, from the Morris County Planning Board from their January 17th regular meeting.

23. Letter received March 6, 2008, from the County Board of Taxation regarding the Final Equalization Table for the County of Morris for the Year 2008.

24. Letter received March 7, 2008, from the County of Morris, Department of Planning, Development & Technology, Division of Planning regarding the Completion of the Third State Development and Redevelopment Plan.

LEAGUE OF MUNICIPALITIES

25. Legislative Bulletin received March 3, 3008, from the New Jersey State League of Municipalities regarding bills that were enacted as the public laws of 2007.

26. E-mail received March 4, 2008, from the New Jersey Department of Community Affairs regarding a League Meeting with State on State Aid for Small Municipalities.

LETTERS FROM LEGISLATIVE REPRESENTATIVES

27. E-mail received February 29, 2008, from Representative Rodney P. Frelinghuysen regarding Two Weeks of vulnerability for the USA, Frelinghuysen opposes new energy taxes, Frelinghuysen gains assurances from National Guard Chief, Veterans award for Frelinghuysen, Town meetings this weekend, and spread the e-news.

TORT

28. Letter received March 6, 2008, from Advokat & Rosenberg regarding Wade v. Mount Olive and a notice of tort claim.

29. Letter received March 7, 2008, from Advokat & Rosenberg regarding a correction to the notice of tort claim for Wade v. Mount Olive.

President Perkins: We have 29 pieces of Correspondence. Does any Councilmember wish to discuss any piece? Seeing none, we’ll move on. That takes us to ordinances for public hearing.

ORDINANCES FOR PUBLIC HEARING

President Perkins: I open the hearing… What is this?

Mr. Dorsey: Ask for a motion to table Ord. #5-2008. See the “Defeat ordinance?”

Mr. Greenbaum: It’s a motion to defeat isn’t it?

President Perkins: Can I have a motion to defeat Ord. #5-2008?

Ord. #5-2008 Ordinance Amending Ordinance Numbered 52-07 of the Township of Mount Olive, in the County of Morris, New Jersey Finally Adopted December 18, 2007 in its Entirety in Order to Amend the Sources of Funding for the Acquisition of Property. – DEFEAT (Ord. #18 replaces)

Mr. Tepper: So moved.

Mr. Greenbaum: Second.

President Perkins: Roll Call please.

ROLL CALL – Passed Unanimously

President Perkins: Okay, I open the hearing to the public on Ord. #6-2008, entitled:

Ord. #6-2008 An Ordinance of the Township Council of the Township of Mount Olive to Amend and Supplement Article II “Open Public Records” Section 102 Entitled “Designation of Custodian and Deputy Custodians of Municipal Records of the Mount Olive Township Code.

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

Mr. Roman: I move for adoption and final passage of Ord. #6-2008.

Mr. Greenbaum: Second.

President Perkins: Call the Roll please.

ROLL CALL – Passed Unanimously

President Perkins: Ord. #6-2008 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 Ord. #7-2008, entitled:

Ord. #7-2008 An Ordinance of the Township of Mount Olive to adjust Water Rates and Services Fees.

President Perkins: Anyone from the public? I’ll close that to the public.

Mr. Greenbaum: I’ll move it.

President Perkins: Thank you, Mr. Greenbaum. Do I have a second?

Mrs. Labow: Second.

President Perkins: Any Council comments? Roll Call, please.

ROLL CALL – Passed Unanimously

President Perkins: Ord. #7-2008 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 Ord. #8-2008, entitled:

Ord. #8-2008 An Ordinance of the Township of Mount Olive Re: Sewer Service Charge for the Cloverhill Sanitary Sewer System.

President Perkins: Does anyone from the public want to make a comment on this? Seeing none, I close it to the public, and I’ll ask Mrs. Labow to move that.

Mrs. Labow: Thank you, Mr. President. I’d like to move Ord. #8-2008.

President Perkins: Can I have a second?

Mr. Tobey: Second.

Mr. Perkins: Thank you. Any Council discussion? Roll Call, please.

ROLL CALL – Passed Unanimously

President Perkins: Ord. #8-2008 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 Ord. #9-2008, entitled:

Ord. #9-2008 An Ordinance of the Township of Mount Olive Re: Sewer Service Charge for the Budd Lake Sanitary Sewer System.

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

Mr. Tobey: I move Ord. #9-2008.

President Perkins: Do I have a second?

Mr. Greenbaum: Second.

President Perkins: Thank you, Mr. Greenbaum. Any Council comments? Seeing none, Roll Call, please.

ROLL CALL – Passed Unanimously.

President Perkins: Ord. #9-2008 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 Ord. #10-2008, entitled:

Ord.#10-2008 An Ordinance of the Township of Mount Olive Re: Sewer Service Charge for the Wyndham Pointe Sewer System.

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

Mr. Greenbaum: I’ll move it.

Mrs. Labow: Second.

President Perkins: Any Council comments?

Mrs. Labow: I have a question. Some of the residents are questioning, did they have a meeting? Did that get resolved? Do they understand where the increase came from?

Ms. Jenkins: I can tell you that I’ve been going back and forth with e-mails with Mr. Jara, and we got them everything that they wanted. They had some final questions on some of the operating costs which I sent him. I haven’t heard anything back but they seem pleased with what we sent them, so, I’m thinking that we’re okay. I think that they just wanted a little bit more information.

Mrs. Labow: Yes, from what I understand, I was talking to Mr. Rattner and some of the costs, I mean, even just the electric was tremendously higher…

Ms. Jenkins: Well, no, the electric, they just wanted to know if it’s a national meter rating, which we said that it was. You know, they had a question about the fence, you know, things like that. Really nothing we couldn’t answer.

Mr. Tepper: Just justifying costs.

Mrs. Labow: It’s just to justify it.

Ms. Jenkins: Exactly, so it was fine and I didn’t hear anything back so I think that they’re okay with everything.

Mr. Greenbaum: The rate that we’re charging, if I understand it, is still not self liquidating. They’re still not covering the full cost of what the Town is actually incurring to operate that system. So, they are still getting a bargain although their rates went up significantly. We’re still subsidizing.

Ms. Jenkins: Yes, we are, absolutely.

Mr. Sohl: In fact, the new rate still doesn’t cover just the expenses.

Mr. Greenbaum: Do they understand that?

Mr. Tepper: So it’s a percentage increase, not a dollar.

Ms. Jenkins: I didn’t want to get into that with them, because I believe Mr. Rattner was going to speak to them about that. Yes, the bottom line is that just their operating costs are about $80,000 for the last couple of years.

Mr. Greenbaum: Well, if Mr. Rattner speaks on that it ought to confuse the issues.

Mr. Tepper: So this will basically increase year over year until the point where we’ll be within operating costs in how many years?

Ms. Jenkins: Well, I don’t know. There was talk when we met within the committee group that we would
Ms. Jenkins (Cont’d): increase, look at it again next year, and then potentially increase it again. I mean, you know, when we initially looked at the cost to really operate that system over the 94 users, it was about $1,500 a year if you assume that our 10% salary allocation is pretty close to what it is. Right now they are paying about $800 with their increase.

Mayor Scapicchio: The Administration may very well look into getting that system to the point where we can sell it so that it is somebody else’s responsibility to maintain.

Mrs. Labow: That’s just going to increase the cost.

Mr. Tepper: We would then lose control of the rates.

Mayor Scapicchio: Well, we don’t know, we don’t know what that would do at this point in time.

Mr. Tepper: Okay.

President Perkins: Okay, Roll Call, please.

ROLL CALL – Passed Unanimously

President Perkins: Ord. #10-2008 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 Ord. #12-2008, entitled:

Ord.#12-2008 Ordinance Amending Ordinance Numbered 16-2007 of the Township of Mount
Olive, in the County of Morris, New Jersey Finally Adopted April 10, 2007 in
its Entirety in Order to Amend the Sources of Funding for the Acquisition of
Property.

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

Mr. Tepper: Yes, I move for adoption of Ord. 12-2008 for final passage.

Mr. Greenbaum: Second.

President Perkins: Any Council comments or discussion? Roll Call.

ROLL CALL – Passed Unanimously

President Perkins: Ord. #12-2008 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 Ord. #13-2008, entitled:

Ord.#13-2008An Ordinance of the Township Council of the Township of Mount Olive to Amend and
Supplement Article II 400-6 “Definitions” and Article V “Design Guidelines and Technical
Standards” of Section 400-34 Entitled “Apartments and Townhouses” of the Code of the Township of Mount Olive Pursuant to N.J.S.A. 13:1E-99.13A Regarding Recycling in MultiFamily Housing.

President Perkins: Anyone from the public? Mr. Russell, please state your name and address.

Nelson Russell, Budd Lake: My only question is why it only pertains to new multifamily housing and not existing?

Mr. Dorsey: Well, the answer to that is that this is a format that was sent to us by the County Recycling Department and that is the only area that they addressed in the ordinance.

Mr. Russell: But wouldn’t it make more sense, in terms of recycling which we’re trying to promote to…

Mr. Dorsey: It may but I think the answer to that lies with the County Recycling Program. We’re required to comply with their pro forma ordinances, so that’s why our ordinance is limited to that which they forwarded to us.

Mr. Russell: So it’s possible to have a subsequent ordinance that would apply this to all existing family, multifamily housing?

President Perkins: Right.

Mr. Russell: I’d like the Council to consider that.

Mrs. Labow: Is there anything that keeps us from doing that?

Mr. Dorsey: Yes.

Mrs. Labow: Yes? That was a short answer.

Mr. Dorsey: Well, I knew you’d understand it.

Mrs. Labow: Yes, are you making fun of my height again?

Mr. Dorsey: No.

Mr. Roman: Hey, I’m vertically challenged also.

Mrs. Labow: So we should bring this up at our SWAC meeting then, Mr. Tobey? We’ll discuss this.

Mr. Dorsey: Yes.

Mr. Tobey: Yes.

Mr. Dorsey: …going to have to be resolved. Alright, I think we want a motion to continue the hearing on this for technical reasons until March 25th.

Mr. Greenbaum: So Moved.

Mr. Tepper: Second.

President Perkins: Roll Call.

ROLL CALL – Passed Unanimously

President Perkins: I open the hearing to the public on Ord. #14-2008, entitled:

Ord.#14-2008An 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: Mr. Russell?

Nelson Russell, Budd Lake: Section 6, Paragraph D, the last two lines appear to have a transposition, as written they don’t make sense, the last two lines.

Mrs. Labow: Section six?

Mr. Tepper: Yes, he’s right.

Mr. Russell: I think it should be “transportation from the site will be the resident’s responsibility…”

Mr. Tepper: It should start out saying “this compost is located at…”

Mr. Russell: …“and this compost is located at the recycling center on Wolfe Road.”

Mrs. Lashway: Section six, did you say?

Mr. Tepper: Last two sentences of Section 6.

Mr. Russell: Section 6, the last two lines. They’re not really sentences.

Mr. Tepper: “This compost is located at,” and “transportation from.”

Mr. Dorsey: Alright, this is a technical, this should not hold up the change to the adoption of the ordinance.

Mr. Tepper: Adopted as amended.

Mr. Dorsey: Yes, well no…

Mr. Greenbaum: It’s not even an amendment. It’s just a verbiage fix, so you’ll make the correction and it’s been moved as is, correct? Or we move it as is, as changed.

Mr. Dorsey: That’ll be changed in the final.

Mrs. Lashway: How do you want it to read?

Mr. Dorsey: I think “transportation of compost would be the resident’s responsibility to the Recycling Center on Wolfe Road.”

Mr. Russell: Not transportation to the Recycling Center.

President Perkins: From.

Mr. Roman: Transportation to the Recycling Center located at…

Mr. Tepper: No, shouldn’t it just read, “This compost is located at the Recycling Center on Wolfe Road. Transportation from the site will be the resident’s responsibility.”

Mr. Dorsey: Yes.

President Perkins: Yes, that makes sense. Did you get that?

Mrs. Lashway: Yes, okay, motion as amended?

Mr. Greenbaum: It’s not really an amendment.

Mrs. Lashway: Clarification? Okay.

Mr. Greenbaum: It’s just corrected.

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

Mrs. Labow: Number 14?

President Perkins: Yes, ma’am.

Mrs. Labow: I move Ord. #14-2008.

Mr. Greenbaum: Second.

President Perkins: Second, thank you. Roll Call. Council discussion first. Any more discussion other than what we’ve just done. Seeing none, Roll Call.

ROLL CALL – Passed Unanimously

President Perkins: Ord. #14-2008 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 Ord. #15-2008, entitled:

Ord.#15-2008An Ordinance of the Township of Mount Olive to be Known as the Construction,
Renovation and Demolition Debris Recovery Plan Ordinance.

President Perkins: Anyone from the public wish to be heard on this? Seeing none, I’ll close it to the public. Mr. Tobey, would you move that please?

Mr. Tobey: I move Ord. #15-2008.

Mr. Roman: Second.

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

ROLL CALL – Passed Unanimously

President Perkins: Ord. #15-2008 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 moves us on to ordinances for first reading with a public hearing scheduled for March 25th, 2008.

ORDINANCES FOR FIRST READING – (Public Hearing March 25, 2008)

President Perkins: The next item on the Agenda for first reading is entitled:

Ord.#17-2008 An Ordinance of the Township Council of the Township of Mount Olive Vacating a Portion of Gervic Street.

President Perkins: Mr. Greenbaum, would you move that?

Mr. Greenbaum: I move that Ord. #17-2008 be introduced by title and passed on first reading and that a meeting be held on March 25th, 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.

Mrs. Labow: Second.

President Perkins: Any Council discussion? Roll Call.

ROLL CALL – Passed Unanimously

President Perkins: The next item on the Agenda for first reading is entitled:

Ord.#18-2008 An Ordinance of the Township Council of the Township of Mount Olive Authorizing the Acquisition of Lots 51 and 52, Block 2700 and Lot 1, Block 3204

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

Mr. Tepper: Yes, Mr. President, I move that Ord. #18-2008 be introduced by title and passed on first reading and that a meeting be held on March 25th, 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.

Mrs. Labow: Second.

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

ROLL CALL - Defeated - Mr. Greenbaum, Mr. Tepper, Mr. Roman, and Mrs. Labow voting no.

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 to RE: Temporary Capital Budget – Blue Atlas.

2. Resolution of the Township Council of the Township of Mount Olive Amending the 2008 Temporary Budget for the Current Fund.

3. Resolution of the Township Council of the Township of Mount Olive Increasing the Fleet Maintenance
Contract to Penske Group for the Year 2008.

4. Resolution of the Township Council of the Township of Mount Olive Amending the List of Eligible LOSAP Emergency Service Volunteers.

5. Resolution of the Township Council of the Township of Mount Olive Authorizing a Reduction in Performance Guarantees Relative to Woodfield 3C.

6. Resolution of the Township Council of the Township of Mount Olive Authorizing Application for and
Authorizing the Mayor to Execute a “Click-It or Ticket” Grant for 2008.

7. Resolution of the Township Council of the Township of Mount Olive Canceling Ordinance 52-2007.

President Perkins: Does any Council member wish to have any item moved from Consent to Non Consent?

Mr. Tepper: Yes, the LOSAP, number four.

President Perkins: Anyone else? Mr. Roman, would you move Consent Resolutions one through three and five through seven, please?

Mr. Roman: I’d like to move Consent Resolutions one through three and five through seven.

President Perkins: Can I have a second?

Mr. Tobey: Second.

Mr. Russell: Can we have a public portion on that?

President Perkins: Sure enough, open to the public.

PUBLIC PORTION ON CONSENT RESOLUTIONS

Mr. Russell: A minor technical point, but in resolution #6 having to do with the Click-It or Ticket, I see that Robert J. Greenbaum is now Council President.

COUNCIL COMMENTS ON CONSENT RESOLUTIONS

Mr. Greenbaum: I am in my own mind. I’m the Mayor, too.

Mayor Scapicchio: He keeps telling me that everyday.

President Perkins: And he’s a good friend of Governor Spitzer’s too.

Mr. Greenbaum: It didn’t go that far. It’s didn’t go that far, Ray.

President Perkins: Hey, listen, I like Bill Clinton, you know.

Mr. Greenbaum: I’m not even going to touch that one.

Mr. Tepper: No.

Mr. Greenbaum: I’m not going to touch it.

President Perkins: Okay, thank you.

Mrs. Labow: I wonder if they’re going out for cigars later.

Mr. Tepper: Sometimes a cigar is not a cigar.

Mrs. Labow: Oh god, I knew that was coming.

President Perkins: Any other, no? Roll Call, please?

ROLL CALL – Passed Unanimously.

RESOLUTIONS NON CONSENT

President Perkins: That brings us to # 4. Mr. Tepper?

4. Resolution of the Township Council of the Township of Mount Olive Amending the List of Eligible LOSAP Emergency Service Volunteers.

Mr. Tepper: I will move Resolution #4 of the Non Consent.

Mrs. Labow: Second.

Mr. Tepper: I have a question. I’m trying to understand what, we have the list of the people that have been marked as eligible for 2007, and then there’s several individuals listed as eligible in 2008. Does that mean that they were or were not eligible for 2007?

Ms. Jenkins: What happened was when we got the original list we assumed that everybody was eligible, and in fact when my staff along with Administration went through the paperwork, they found out that some of these people would not be eligible until 2008. There were six of them, Russ, which is why we had to amend it by the six.

Mr. Tepper: So they will not be eligible under this one that we’re approving?

Ms. Jenkins: You got it.

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

ROLL CALL – Passed Unanimously

President Perkins: We have two resolutions. Number 8, Mr. Roman, would you move that, please?

8. Resolution of the Township Council of the Township of Mount Olive Authorizing the Execution of a Release in Connection with the Matter of Michael Foote v. Budd Lake Volunteer Fire Department.

Mr. Roman: I’d like to move Non Consent Resolution #8.

Mrs. Labow: Second.

President Perkins: Any comments from the public? Seeing none, Roll Call.

ROLL CALL – Passed Unanimously

President Perkins: That brings us to Non Consent Resolution #9. Mrs. Labow, would you move that?

9. Resolution of the Township Council of the Township of Mount Olive Opposing the State’s Reduction in State Aid to Municipalities.

Mrs. Labow: Yes, I’d like to move Non Consent Resolution #9, please.

President Perkins: Any public comments? Second, first.

Mr. Roman: Second.

President Perkins: Public? Seeing none, Roll Call.

PUBLIC PORTION ON INDIVIDUAL RESOLUTIONS - none

COUNCIL COMMENTS ON INDIVIDUAL RESOLUTIONS

Mrs. Labow: Oh, you asked for Council comments? I just want to thank Mr. Dorsey for writing this resolution for us tonight. I just want to say that just about every taxpayer in the State of New Jersey is getting really fed up with all of the cuts and funding from the State, not only in the Board of Education. Our Board of Education budget is a mess primarily because of the funding we’re not getting, and now we’re faced with a ½ tax point we have to figure out what to do with. It’s money we’re not getting this year. It’s got to stop.

President Perkins: Thank you, Mrs. Labow.

Mr. Roman: If I may add a comment on that, I think the source of all of our problems starts with spending. So, it starts here. It’s rippled its way up and down, so, just to piggy back on her comments, it’s spending that’s the real problem.

Mrs. Labow: Instead of them cutting the spending, they’re cutting the funding for us.

President Perkins: Thank you, any other comments? Seeing none, Roll Call.

ROLL CALL – Passed Unanimously

MOTIONS

President Perkins: Mr. Tobey, would you move the first motion, please?

Mr. Tobey: I move motion #1:

1. Approval of Raffle Application #2243 & #2244 for the Lenape Valley Lacrosse Club; Raffle Application #2245 for the Deer Path Montessori School and Raffle Application #2246 & #2247 for PTA Mt. Olive.

Mr. Roman: Second.

President Perkins: Roll Call.

ROLL CALL – Passed Unanimously

President Perkins: That brings us to the Bill List. Mrs. Labow, would you move that?

Ms. Jenkins: Ray, can I just say something beforehand? I just want to let everybody know that we were going to do a confirmed check for the Blue Atlas purchase, and we were requested to do a wire, so we put that wire transfer on the Bill List just because we wanted to make sure that everybody was aware of it and that it got approved.

President Perkins: Okay, good.

Ms. Jenkins: So it is part of what you are approving tonight.

President Perkins: Thank you for that clarification.

Mrs. Labow: I move… You want me to move it now, Mr. Perkins?

President Perkins: Yes.

Mrs. Labow: I would like to move the Bill List for approval.

2. Bill List.

President Perkins: Do I have a second?

Mr. Roman: Second.

President Perkins: Any other questions or comments on the Bill List before we go? Seeing none, go, Roll Call.

Mrs. Lashway: Mr. Greenbaum?

Mr. Greenbaum: No, I’m not approving any more spending based upon Alex and Colleen’s comments.

Mrs. Labow: There you go.

ROLL CALL – Passed with the exception Mr. Greenbaum and Mrs. Labow voted no.

ADMINISTRATIVE MATTERS

Mr. Sohl: Well, as you already know Blue Atlas did in fact close yesterday.

Mr. Tepper: Yes, Mrs. Murphy.

Mr. Sohl: Congratulations, an acquisition that was covered 95% or more by grant money.

President Perkins: That’s it?

Mr. Sohl: That’s it.

Ms. Jenkins: Did the Bill List pass? I just wanted to be clear.

President Perkins: Yes.

Ms. Jenkins: It did, right? Okay, thank you. I was worried there.

President Perkins: Just barely.

Ms. Jenkins: Thank you.

OLD BUSINESS - none

NEW BUSINESS - none

LEGAL MATTERS - none

COUNCIL REPORTS

Recreation Liaison Report

Mr. Roman: Unfortunately there’s really nothing new to report.

Board of Health Report

Mrs. Labow: We meet next week.

Planning Board Report

Mr. Tepper: Meets Thursday.

Board of Adjustment Liaison Report

Mr. Roman: Meets next week.

Open Space Committee Report

Mrs. Labow: Open Space met last night. Of course we talked about Blue Atlas, and I wish that the Blue Atlas payment was on a separate thing. I would have voted yes for that and no for the rest of the Bill List. We did Mrs. Labow (Cont’d): extensively talk about Blue Atlas, and congratulations to Mrs. Murphy and everyone involved. Also, we wanted to point out that on Blue Atlas we did purchase an acre of it. It was purchased with our land sales money so that it is not restricted by Green Acres regulations. Also, Charters Farm is going up for sale very shortly, and we have the NRCS, came back with their, well, preliminary, from the walk that we did. Laura Szwack and I went with them a week ago Monday, the 25th, and they are going to be making a plan to try and help with the soil erosion problem that we have at Turkey Brook Park. So we’re looking forward to working with them on that. We did have a possible land purchase that was reviewed by the Committee, and we decided it was not something the Township, we would recommend going through with right now. That’s it.

Legislative Committee Report

Pride Committee Liaison Report

Mrs. Labow: I gave that last time, and Pride Committee is looking to, this is in the preliminary stage right now, we’re going to have an Earth Day celebration possibly on Sunday, April 27th. Earth day is April 22nd. Last night at the Open Space Committee also, we discussed an Earth Day celebration meeting up at the head for the trail system at Turkey Brook Park that leads down into the Meier’s Pond area, and having some little tours going down through the trails. We’ll have to kind of skip around the gullies that we have in there from the water, the soil erosion. I think it might be a good idea to introduce the public to the beautiful trail system that we do have.

President Perkins: Wonderful. Thank you, Mrs. Labow.

Board of Education Liaison Report

Mr. Tobey: I attended the Board of Education meeting last week and the week before. Cuts, cuts, cuts were basically the message across the board. The last meeting was well attended although I think two thirds of the people there were employees of the Board of Education. The second question that is being posed has to do with activities, personnel, programs, so forth and so on, and as everybody probably knows by now, Dr. Lamonte gave her notice to retire and that’s about it.

Lake/Environment Issues Committee

Safety Committee Liaison

Mr. Greenbaum: Nothing to report.

Finance Committee Report

Economic Development Committee Report

Solid Waste Advisory Committee Report

Mrs. Labow: We would have been meeting tomorrow except that we’re basically on an every other month schedule. So our next meeting will be April, the second Wednesday in April.

Library Board Liaison

Mr. Tepper: Nothing to report.

PUBLIC PORTION

Nelson Russell, Budd Lake: A couple of questions on the Bill List. The first one, at the bottom of page 1, hand written $1.9 million…

Mrs. Lashway: That’s the wire transfer that Sherry referred to.

Mr. Russell: That’s the wire transfer for what, because I think the acquisition cost of the property is $1,878.

Mrs. Labow: Blue Atlas.

Mrs. Lashway: Purchase of the Blue Atlas, it’s the wire transfer that Sherry just mentioned.

Ms. Jenkins: Yes, we had two ordinances. The total was $1,925,000 and then we had $6,000 in closing costs.

Mr. Russell: Okay.

Ms. Jenkins: Okay, and they were fully funded by grants.

Mr. Russell: Okay.

Ms. Jenkins: Fully funded.

Mr. Russell: Okay, thank you.

Ms. Jenkins: You’re welcome.

Mr. Russell: On page 6, toward the bottom I am seeing the survey to the Baum property and the acquisition of the Baum property. The survey was $7,750 and the acquisition was only $5,500.

Mrs. Labow: That’s a…

Mr. Sohl: Potential land donation.

Mrs. Labow: From the Open Space Committee that we’re working on.

Mr. Sohl: This is due diligence that we…

Mr. Russell: So if it’s a donation, what’s the acquisition cost?

Mrs. Labow: You still have to…

Mr. Sohl: The acquisition cost is zero, right Kathy?

Ms. Jenkins: Kathy, one bill is a survey and the other is Norton Conservation for the Baum property. What is the Norton Conservation portion?

Mrs. Murphy: The property itself is the donation. The Town is picking up all of the related closing costs, which will include the survey, the environmental study and the title.

Mr. Russell: Okay, thank you.

Mr. Sohl: Thank you, Kathy.

Mr. Russell: Just below that I see $7,846 in boom rental. What are we renting booms for?

Ms. Jenkins: Kathy, that’s the Seward house, correct?

Mrs. Labow: That’s for Mr. Greenbaum’s house when he has the big booms on New Year’s Eve.

Mrs. Murphy: We had the articulated boom. They were doing some masonry work and work on the roof. It’s actually a holdover for some work that we had earlier, late last year and early this year.

Mr. Russell: So there are two booms, right?

Mrs. Murphy: Yes, we had…

Ms. Jenkins: They cover different weeks.

Mrs. Murphy: Yes, but they were also different heights. We had one that was an 80 foot boom and then that went back and we got a shorter boom which we rented at a lesser rate so they could do some other work.

Mr. Greenbaum: Yes, my boom only cost me $150.

Mr. Russell: On page 12, second from the bottom, I see one of several charges for Lerch, Vinci, & Higgins, CPA for the preparation of audit AFS, whatever that is.

Ms. Jenkins: They actually didn’t prepare. They reviewed. I did correct that on the bill.

Mr. Russell: Okay, so, what is AFS?

Ms. Jenkins: Because they do work related to the annual financial statement that we prepare, and because, you know, it encompasses not only our current fund but also Water, Sewer and Sanitation, we charge a portion out to those respective budgets. So you see it in a different…

Mr. Greenbaum: Totally overpaid and I think that we should have an auditing firm audit their bills.

Mr. Russell: Yes, I see it again on page 16.

Ms. Jenkins: Yes, you will because as I said, they do work, the financial statement encompasses all of the utilities plus our main operating budget. We charge a portion of their review to that.

Mrs. Labow: He’s got a slingshot down there, Rob.

Mr. Russell: Minor point, on page 13 I see $120 for e-mail services for 2008. Doesn’t that run off of our own server?

Ms. Jenkins: We actually have to pay to have our tax bills uploaded, so that’s what that cost was for.

Mr. Russell: Oh, for tax bills.

Ms. Jenkins: Yes, to have our preliminary tax bills uploaded.

Mr. Russell: Okay, so it’s not internal e-mail.

Ms. Jenkins: No, it’s not. It has nothing to do with anything internal.

Mr. Russell: Okay, I think that’s it. Thank you.

President Perkins: Thank you, anyone else from the public? Seeing none, we’ll go into Council comments.

COUNCIL COMMENTS

Mrs. Labow: Just really quick, I forgot to mention this under Old Business. I wanted to thank Jill Daggon and the rest of the Administration for working on the Mount Olive Recreation insert that goes into Our Town magazine. I don’t know if anybody has had a chance to pick it up. A phenomenal job, we never could have produced these ourselves. It would have been cost prohibitive. It was very informative and we’re also looking forward to, Jill did tell me a couple of pages were not included in the Mount Olive Recreation insert part because we have to get a few more ads. If anybody knows any companies that want to place and ad then let us know. If we build up the advertisement then we get more space and we get to promote more activities.

Mr. Roman: My ad is in there.

Mrs. Labow: Yes, Mr. Alex Roman has a lovely ad in the paper, what is it, the third page?

President Perkins: And they still kept all the jokes in the regular one too, so that’s good.

Mrs. Labow: Yes, on the third page in, nice job. Very good, Alex.

President Perkins: Anything else, Mrs. Labow?

Mrs. Labow: That’s all, I just wanted to compliment…

President Perkins: Mr. Tobey?

Mr. Tobey: Yes, with regards to the All Veterans Memorial, I met with Charlie Uhrmann about two weeks ago. I took my surety cap off and put my accounting cap on. I took a look at tax returns, bank statements, corporate records, 501 (c) 3 documents, a list of expenses. We’re not talking big dollars here, and nothing stood out to me as being questionable. I fully support the project for the record.

President Perkins: That it, Mr. Tobey?

Mr. Tobey: That’s it, thank you.

President Perkins: No comment from me. I will ask that Mrs. Labow move us into executive session for the discussion of personnel, and when we reconvene here there will be no further Township business covered.

Mrs. Labow: In accordance with Sections 7 & 8 of the Open Public Meetings Act, I would like to move us into executive session to discuss personnel matters.

Motion was made, all in favor and none opposed, the meeting was moved into executive session at 9:34 pm.

Executive Session –Personnel

ADJOURNMENT

Motion was made and seconded, all in favor and none opposed, the meeting was adjourned at 9:53 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 March 25, 2008.

______________________________________
Lisa Lashway, Township Clerk
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