Mt. Olive Township Council Minutes
March 13, 2007

Regular Public Meeting of the Mount Olive Township Council was called to Order at 7:32 pm by Council President Greenbaum with the Pledge of Allegiance.

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

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

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

Absent: None

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

President Greenbaum: This evening it’s the Council’s proud duty with respect to:

1. Resolution of the Township Council of the Township of Mount Olive Commemorating the 50th Anniversary of the Mount Olive Junior Marauders.

President Greenbaum: Mr. Tobey, do you want to move that for approval please? Just move it for approval.

Mr. Tobey: I move it.

President Greenbaum: Is there a second?

Mr. Buell: Second.

President Greenbaum: Is there anyone from the public who wishes to be heard on this resolution? We will give you an opportunity later, if there is anyone? Mr. Tobey, do you want to go up to the podium?

Mr. Tobey: Absolutely.

President Greenbaum: I don’t know if Mr. Hall, Mr. Weiss, or anyone else who wants to join them up there.

Mr. Tobey: Good evening everyone. Tonight we are commemorating the 50th Anniversary of the Junior Marauders. Before I read the resolution, as some of you know my son plays and has played for the past three years and when I go to these practices and see the kids lined up and the coaches, it’s fantastic. Congratulations to everyone.

RESOLUTION OF THE TOWNSHIP COUNCIL
OF THE TOWNSHIP OF MOUNT OLIVE COMMEMORATING THE
50TH ANNIVERSARY OF THE MOUNT OLIVE JUNIOR MARAUDERS

WHEREAS, nearly fifty years ago a group of dedicated citizens began a football club for the youth of Mount Olive, which at that time was known as the Budd Lake Rams and which competed against other towns in Morris County; and

WHEREAS, the team consisted of twenty five players and four assistant coaches and the head coach was Red Van Demark; and

WHEREAS, in 1974 with the opening of the Mount Olive High School the club changed its name to the Mount Olive Junior Marauders and the 2007 season represents the 50th Anniversary of organized youth football in Mount Olive; and

WHEREAS, the program has been so successful that the Mount Olive Junior Marauders entered more than ten teams in the Morris County football league every year and has over 200 youthful players in its program; and

WHEREAS, today’s version of the Junior Maruaders has close to 60 coaches that volunteer their time to help provide a positive learning experience for young boys and girls to play football.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Mount Olive, that it wishes to commemorate the 50th Anniversary of the Mount Olive Junior Marauders and to thank those citizens who have acted as leaders, assistant coaches and coaches over the past 50 years for their dedicated service to the youth of Mount Olive.

Mr. Tobey: Congratulations.

President Greenbaum: Rob, before you speak. I was fortunate enough to go to a lot of the varsity games this year because my 13 year old daughter dragged me to the games, and before that I have gone to a number of different games and I have several comments about the program itself. First of all, to the coaches, what a dedicated group of people who put in incredible hours. I would say hours which compare to the timeframe if not exceed the timeframe that we as Council people put in on behalf of the Township and do it on behalf of kids that range in age from the little kids who play flag football through the eighth graders who then get turned over to the High School program. To the kids it’s incredible to watch as they develop from the youngest kids in the flag program to see the speed at which the game is played at the varsity level and then to watch them go on to the High School level. I know I speak on behalf of the entire Council in congratulating you, all of the people who participate in the Marauder football program, whether they are coaches or actual participants and also all those who have participated in the past and have graduated from the program. I have already spoken to Howie Weiss about participating on behalf of the Council in commemorating the 50th Anniversary as we move forward to try to raise additional funds for the program to take it to the next level. So anything that I can do and I know I speak on behalf of the entire Town Council, as well as the Mayor and the Administration, whatever we can do to help you in your fundraising efforts to move the program to the next level please do not hesitate. We will be more than happy to help.

Mr. Hall: Thank you very much. On behalf of the Mount Olive Junior Marauders, I want to say thank you to the Town Council, to the Mayor and to the Administration for helping us organize and celebrate our 50th Anniversary. Junior Marauder history is Mount Olive history and we have a unique opportunity to accomplish a couple of things. One is to recognize and to be proud of the football playing tradition that has been established in Mount Olive for the last five decades. The other thing is to try to make sure that the memory of an era is not lost and I have to tell you on that note the publicity that we’ve had, particularly about tonight, has generated several people who have come to me and wanted to talk about their history, about their stories. One gentleman in particular, Mr. Rick Duda, who called me yesterday after he saw our article in the paper on Sunday and explained to me that his brother, Bob Duda, played on the first team in 1957. He was the quarterback of the team. He went on to name every guy that played on the team, every guy that coached on a team, where they are now, what they did, how long they stayed in Mount Olive. It was the kind of thing, I could have listened to him talk all night. That kind of living history has to be shared with as many people as we can, and that is one of the things that we are going to try to do. So our celebration is going to continue over the next couple of months and once our season starts we are going to have some special events commemorating it. The pinnacle, the highlight of it will be at our annual pep rally on August 31st over at Turkey Brook Park where we are going to try to have as many historical Junior Marauders take place in the festivities that day. We are going to have them come out on the field and introduce them and have them throw out the ceremonial balls. So that is what we are going to work towards as the pinnacle of our celebration. One quick note of irony about that, our annual pep rally proceeds our trophy game that we play every year against the Lenape Patriots from Netcong and what Rick Duda told me was that the first year in 1957 the Budd Lake Rams played the Netcong Packard Giants, Netcong Giants for the championship that year. So fifty years later, not just our town but all around, yes things change but some things stay constant and playing football has been one of them. Again, thank you very much in helping us in recognizing and celebrating this anniversary. What I am going to ask Howie Weiss to do is we are going to unveil our special edition fifty year logos that hopefully you will see from now until September just about everywhere you go in Mount Olive. Drum roll?

President Greenbaum: I can bang the gavel if you want?

Mr. Tepper: Excellent.

President Greenbaum: Very nice, I would hang that in my house.

Mr. Hall: Howie, can you raise the other one?

Mr. Rattner: I like it.


President Greenbaum: Those are beautiful.

Mr. Hall: Again, thank you very much in helping us memorialize this.

Clapping…

President Greenbaum: At this point I would open it up to anyone else from the audience who had anything they wanted to say. If not, I will turn it over to the rest of the Council for any comments. Seeing no one from the audience. Anyone from Council?

Mr. Perkins: Thank you, Mr. President. My son was fortunate enough to go through the program. Mr. Weiss was around. God, I remember the years as I often joked around about turning the headlights on so the kids could continue to play a little bit longer. The uniforms that were handed down year after year, Howie was able to secure better uniforms for us over the years. It’s hard to imagine now that my son is 18 and has been all the way through the program as well as the High School. The dedication of the staff, the coaches, you guys are really what helped these children get to where they are. The representation of the Township is phenomenal. What they bring to us is a sense of pride that I could probably never bring to this Township. On behalf of myself and my family, we want to thank you guys for all your dedication. Thank you, Mr. President.

President Greenbaum: Thank you. Anyone else? Roll Call please.

ROLL CALL: Passed Unanimously

President Greenbaum: We are going to take a five minute recess. There are refreshments that the Football Club has in the cafeteria. So we will take five minutes and then we will reconvene at ten of eight.

Questions on Bill List?

President Greenbaum: Calling the meeting back to order. Moving on with the Agenda. Does anyone have any questions on the Bill List that they would like to raise at this point in time?

Mr. Rattner: I just have one comment. I thought it was interesting that our training for cops is being given by Jerry Lewis.

President Greenbaum: Okay. Any other questions on the Bill List? Moving on, Approval of Minutes of prior meetings.

APPROVAL OF MINUTES OF PREVIOUS MEETINGS

March 6, 2007 Special PM – All present

March 6, 2007 WS – All present

Mr. Buell: I move the Minutes for the March 6th Special Meeting and the March 6th Workshop.

Mr. Perkins: Second.

President Greenbaum: Moved and seconded. Any corrections, deletions, comments? Seeing none. Roll Call.

ROLL CALL: Passed Unanimously

CORRESPONDENCE

LETTERS FROM RESIDENTS / ORGANIZATIONS

1. Letter received February 26, 2007, from Kiwanis International regarding Annual Egg Hunt.

2. Two E-mails received March 2, 2007, from Al Escudero, regarding JCP & L – Planned Electrical Substation in Mount Olive.

3. Letter received March 7, 2007, from Richard D. De La Roche regarding Jeffrey Delvecchio v. Township of Mount Olive, legal representation.


RESOLUTIONS / ORDINANCES / CORRESPONDENCE OTHER TOWNS

4. Resolution received March 5, 2007, from the Township of Long Hill regarding Support of Renewal of Garden State Preservation Trust.

5. Letter received March 5, 2007, from the Borough of Chester regarding Highlands Regional Master Plan & Protection Zone.

MISCELLANEOUS

6. Information received March 2, 2007, from New Jersey Alliance for Action regarding 31st Annual Golf Classic.

7. Information received March 8, 2007, from Alliance for Action regarding Building Better Hospitals and Assuring a Healthier New Jersey.

DOT / DEP / LOI / HIGHLANDS

8. Letter received February 26, 2007, from the State of New Jersey Department of Environmental Protection, regarding Corrections to Individual Freshwater Wetlands Permit. Applicant: AIG Baker Real Estate, LLC Block 4100 Lot 114; Block 4105 Lots 1,2, and 4; Block 4300 Lot 9; Block 4301 Lots 16 and 18. (19 Ringenbach Lane, 51-53 International Drive South, 10 Flanders-Netcong Road, 27 Flanders-Netcong Road, 147 Goldmine Road).

9. Letter received February 26, 2007, from the State of New Jersey, Department of Environmental Protection, regarding Applicant: Kevin Dorlon, Notice of Technical Incompleteness for Block 8500, Lot 19 (103 Mine Hill Road).

10. Letter received February 26, 2007, from the State of New Jersey, Department of Environmental Protection, regarding an extension of time request, Morris Chase/Morris Hunt Public Community Water System. Permit Application No. WCP030003.

11. Letter received February 26, 2007, from the State of New Jersey, Department of Environmental Protection, regarding Permit to Construct for NJ Vasa Home Water System.

12. Letter received March 1, 2007, from the State of New Jersey, Department of Environmental Protection, regarding Ralph and Christina Fucci – Closeout Correspondence, Enforcement Action Block 2300, Lot 1 (25 Stonehouse Road).

13. Letter received March 2, 2007, from the State of New Jersey, Department of Environmental Protection, regarding Lamtec Corp. Building Addition, Block 6800, Lot 10 (700 Bartley Chester Road).

14. Letter received March 5, 2007, from the State of New Jersey, Department of Environmental Protection, regarding entire site, Quest International Flavors and Fragrances, Inc. – No Further Action and Covenant Not to Sue. Block 103, Lot 2.04 (400 International Drive).

15. Letter received March 5, 2007, from Princeton Hydro regarding Proposed Dam Removal – Gruendyke Mill Dam Block 8500, Lot 21; Block 119, Lot 107 (2 Route 46).

16. Supplemental Data received March 5, 2007, from Malick & Scherer, P.C. regarding JCP& L Construction of Drakestown Substation, Revised NJDEP Freshwater Wetlands Permit Application Block 8400, Lot 3 (6 Naughright Road).

17. Information received March 7, 2007, from NJ DOT, NJ Transit, Port Authority NY & NJ CTA regarding Transaction 2007, America’s Premier State Transportation Conference and Expo.

18. Letter received March 8, 2007, from the State of New Jersey, Department of Environmental Protection, regarding Correction to Individual Freshwater Wetlands Permit. Applicant Name: AIG Baker Real Estate, LLC Corrections to Individual Freshwater Wetlands Permit. Applicant: AIG Baker Real Estate, LLC Block 4100 Lot 114; Block 4105 Lots 1,2, and 4; Block 4300 Lot 9; Block 4301 Lots 16 and 18. (19 Ringenbach Lane, 51-53 International Drive South, 10 Flanders-Netcong Road, 27 Flanders-Netcong Road, 147 Goldmine Road).


19. Public Notice received March 9, 2007, from the State of New Jersey, Highlands Water Protection and Planning Council, regarding Public Hearing on the draft Regional Master Plan.

LEAGUE OF MUNICIPALITIES

20. Letter received March 2, 2007, from the New Jersey State League of Municipalities regarding Continuing Education Seminar “Procurement – Moving into 2007.”

21. Letter received March 2, 2007, from the New Jersey State League of Municipalities regarding Continuing Education Seminar “Capital Financing and the Bonding Process.”

22. Letter received March 9, 2007, from the New Jersey State League of Municipalities regarding League Seminar “How to Handle a Defeated School Budget.”

UTILITIES

23. Fax received February 26, 2007, from Comcast regarding March Channel Changes/TES HD.

24. Fax received February 28, 2007, from Comcast regarding Rescheduling of Municipal Breakfast.

25. Letter received March 1, 2007, from Comcast regarding Channel Changes and Payment increases.

26. Letter received March 5, 2007, from the State of New Jersey, Board of Public Utilities regarding CSC TKR, Inc. d/b/a Cablevision of Morris – Application for Renewal of Municipal Consent Request for Interim Operating Authority.

MORRIS COUNTY

27. Information received February 28, 2007, from the Morris County Municipal Economic Development Corporation regarding Morris County Municipal Summit.

28. Information received March 5, 2007, from the Morris County Chamber of Commerce regarding 4th Annual Morris County Municipal Summit.

29. Final Equalization Table received March 5, 2007, from the County of Morris for the year 2007.

30. Minutes of the January 18, 2007, meeting of the Morris County Planning Board received March 8, 2007.

LEGISLATIVE REPRESENATIVES

31. E-mail received March 2, 2007, from Congressman Frelinghuysen regarding Travel to Middle East, National Security First Act Passes House, and House Passes Pell Grant Legislation.

32. E-mail received March 5, 2007, from Congressman Frelinghuysen regarding Trip to Iraq.

President Greenbaum: There are 32 pieces of Correspondence on the amended Agenda. Does anyone wish to discuss any particular piece of Correspondence?

Mr. Buell: I would like to just…I really don’t want to discuss them at this point in time. I would like to list the March 5th memo from Bernd Hefele and Block 2000…

President Greenbaum: What number are you reading Jim?

Mr. Buell: Pardon?

President Greenbaum: What number off the list?

Mr. Buell: I am looking for it, I know it’s here. All I wanted to do is list that for the next Workshop.

President Greenbaum: What does it relate to?

Mr. Buell: A discussion of Block 2307 Lot 1, triangular lot on Manor House Road…


Mr. Rattner: The Rutledge property.

Mr. Buell: Yes. There is a deed restriction on it. I would like to discuss that either in closed session or at the next Workshop in open session.

President Greenbaum: Okay, that was the issue as to, it was deed restricted some time ago and they are looking to lift the deed restriction at this point in time. I don’t know that that is something that we can do in closed session. I don’t have a problem putting it on at our next Workshop for further discussion.

Mr. Rattner: I think it should be open session. I don’t think that there are a heck of a lot of points that we have to consider.

President Greenbaum: We will put it on for open session.

Mr. Buell: Okay.

President Greenbaum: Okay, I will ask Lisa to put that on.

Mr. Buell: I would also like to put on for the next Workshop a letter from the Municipal Utilities Authority, Morris County Solid Waste Management Plan modification request. Basically, what they are planning to do or what they are proposing to do is putting medical storage or medical waste and disposal up at the… I think, the Comb Fill Transfer Station. I would like the Administration to look into that in terms of how large this is going to be. This is one we just received today.

Mr. Sohl: This is the Veolia Environmental Services.

Mrs. Labow: That’s not what they want to do. That’s totally opposite actually. Mr. Greenbaum, may I?

President Greenbaum: Sure.

Mrs. Labow: What they want to do, they already have permits for hazardous waste. Now they just want to be able to accept the medical waste too and transfer them out. It’s nothing more than what they are already doing. They just need a special license to do it.

Mr. Sohl: It’s a modification to the County level plan. It’s not from my understanding, I briefly looked it over, that it has anything to do with the Transfer Station operation at all.

Mrs. Labow: No, nothing.

Mr. Buell: It has nothing to do with the Transfer Station?

Mrs. Labow: Absolutely nothing.

Mr. Sohl: That’s my understanding. Veolia is the firm that I know… Colleen and I were up at…

President Greenbaum: You know what? We are going to put it on for discussion at next week’s meeting because the letter does request action from the Township in terms of adopting a resolution. So I don’t see any need to go into any discussion on it now and we will pick it up next week.

Mr. Buell: That’s basically all that I wanted to do.

President Greenbaum: Dave is your issue on this particular subject?

Mayor Scapicchio: Just briefly Mr. President. What I did is, I have the new Morris County Solid Waste Management Plan and I passed that off to the Mount Olive SWAC Committee today. So they should have a copy of that, hopefully, tomorrow or the next day for their review and their comment back to us.

President Greenbaum: Okay, good. We will put it on the Agenda for discussion next Tuesday and we will see where it goes from there. Mr. Perkins had something.

Mr. Perkins: Thank you, Mr. President. Item #3 under “Letters from Residents” I would like to see that on next week’s Workshop for discussion please.

President Greenbaum: I believe that’s an issue which should generally be sent to Mr. Dorsey first with respect to…John is that a JIF issue?

Mr. Dorsey: Is that in connection with the lawsuit of…

President Greenbaum: DelVecchio.

Mr. Dorsey: Then the answer is, the Township’s insurance company will be providing the defense. Somehow I think I’ve advised somebody to advise all of the defendants, which is the former Mayor, former Administrators Casey and Prill that they will all be getting a defense providing they cooperate in terms of the defense.

President Greenbaum: I don’t think we need to take any action on that whatsoever. It is simply handled through the insurance company and however the defense is provided it will be done through the JIF.

Mr. Rattner: I think we should send a letter back just stating that so at least they know we did get the formal letter.

Mr. Dorsey: Didn’t I send you a letter on that?

President Greenbaum: Bill, I think that you should send out a letter indicating that it has been submitted to the JIF and the JIF will be contacting everyone with regard to the defense.

Mr. Sohl: Okay, I think the letter from De La Roche was the one that was asking to hire his own attorney.

President Greenbaum: It has been submitted to the JIF and the JIF will respond to it appropriately. The Council is not taking issues…

Mr. Rattner: We should at least send a letter back saying that.

Mr. Sohl: Again, it was kind of addressed to Council so I …

President Greenbaum: The Administration should send back a letter indicating that it has been submitted to our insurance carrier and they will be contacted directly with regard to…

Mr. Dorsey: Let me just add something. Bill, you already know the attorney assigned, Eric Harrison. You have already set up a meeting for next Thursday with Harrison, yourself, Casey and Lindsay.

Mr. Sohl: Yes.

Mr. Dorsey: I know I wrote to you about this.

Mr. Sohl: You did.

Mr. Dorsey: I don’t want to be the one to write to the former Mayor. I would appreciate it if you would write to him and say yes, coverage will be granted to you as will all the former Business Administrators, but you must cooperate. If you fail to cooperate it will do you no good.

President Greenbaum: Well, I think the letter is…I don’t have a problem with that but the letter has to be specific in terms of, he wants to hire his own attorney. The letter should simply state back that the matter has been submitted back to our insurance company and that Mr. Harrison has been…

Mr. Dorsey: I will give you a draft.

Mr. Sohl: Okay, fine. Thank you.

Mr. Rattner: Since people are asking to put things on the Agenda, you jogged my memory. Number fifteen. We got a letter from Princeton Hydro regarding the dam removal on Musconetcong next to the Pump House. They are pretty close to raising enough funds. A few years ago they asked us to contribute to try to get all parties, the two counties, the towns and I believe that Morris County, the Freeholders will put in a substantial amount of money if they see at least a token amount from us. So I would like to put that on the Agenda for next week to discuss it.

President Greenbaum: Okay, we will put that on also for next week. Any other discussion on any particular piece of correspondence? Seeing none, we are going to move on.

ORDINANCES FOR PUBLIC HEARING

President Greenbaum: We have a number of Ordinances for Public Hearing. The first ordinance is Ordinance #9-2007 entitled:

Ord. # 9-2007 An Ordinance of the Township of Mount Olive, County of Morris, and State of New Jersey to Supplement Chapter 230, Taxation, With the Addition of Article III, “Payment of Delinquent Property Taxes.

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

Mr. Tepper: Yes, Mr. President. I move Ordinance #9-2007 for adoption and final passage.

Mr. Perkins: Second.

President Greenbaum: Moved and seconded. Any Council discussion?

Mrs. Labow: I have a couple of issues with this. I don’t know if we should….

President Greenbaum: We have already discussed the fact that this may actually have to be amended but because of the importance of this particular ordinance, we felt that it was important to move forward with it now and identify any additional issues, such as the issuance of food permits and the like that have been raised by the Health Department. We will take a look at those issues through Mr. Dorsey’s office at some later point and perhaps amend this ordinance. It’s important to get it through now.

Mrs. Labow: Okay.

Mr. Tepper: That is correct.

President Greenbaum: Any other issues?

Mrs. Labow: Do you want to set it up for a future workshop or….

President Greenbaum: I have already asked Lisa to send a memo to Mr. Dorsey’s office to identify the issues. If you have any input or if anyone has any input as to the questions which may be raised by the ordinance itself as it is currently situated, then you should get those to Lisa immediately.

Mrs. Labow: Okay, sounds good.

President Greenbaum: Any other Council comment? Roll Call.

ROLL CALL: Passed Unanimously

President Greenbaum: Ordinance #9-2007 has passed on second reading and I hereby direct the Clerk to forward a copy of same to the Mayor and publish the notice of adoption as required by law. The next Ordinance for Public Hearing is Ordinance #10-2007 entitled:

Ord. #10-2007 An Ordinance of the Township of Mount Olive to Amend and Supplement Section 400-10, Entitled “Building Construction,” Subsection B Entitled “Fees” of the Code of the Township of Mount Olive.

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

Mr. Tobey: Let me see if I can get this right this time. I move Ordinance #10-2007 for adoption and final passage.

Mr. Perkins: Second.


President Greenbaum: Moved and seconded. Very nice, it took Colleen almost six months.

Mrs. Labow: I still hold the record at seven.

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

ROLL CALL: Passed Unanimously

President Greenbaum: Ordinance #10-2007 has passed on second reading and I hereby direct the Clerk to forward a copy of same to the Mayor and publish the notice of adoption as required by law. The next Ordinance for Public Hearing is Ordinance #11-2007 entitled:

Ord. #11-2007 Bond Ordinance of the Township of Mount Olive, in the County of Morris, New Jersey Amending Section 3(m) of Bond Ordinance #11-2001, as Supplemented by Bond Ordinance #6-2002 and Providing a Supplemental Appropriation of $150,000 Expected to be Received as a Grant from the State of New Jersey Department of Transportation to Supplement the $3,500,000 Appropriated by Bond Ordinance #11-2001 and the $1,608,000 Appropriated by Bond Ordinance #6-2002 of the Township.

President Greenbaum: Does anyone from the public wish to be heard on Ordinance #11-2007? Seeing none, I close it to the public. I would ask Mrs. Labow to please move that for approval.

Mrs. Labow: I move for adoption and final passage of Ordinance #11-2007.

Mr. Perkins: Second.

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

ROLL CALL: Passed Unanimously

President Greenbaum: Ordinance #11-2007 has passed on second reading and I hereby direct the Clerk to forward a copy of same to the Mayor and publish the notice of adoption as required by law. The next Ordinance for Public Hearing is Ordinance #12-2007 entitled:

Ord. #12-2007 Ordinance of the Township of Mount Olive, in the County of Morris, New Jersey Amending Bond Ordinances #16-2000, #24-03, as Amended by Ordinance #18-2005, and #23-2004, Respectively, in Order to Amend the Description of the Projects Authorized Therein to Include the Construction of the New Public Works Building.

President Greenbaum: Is there anyone from the public that wishes to be heard on Ordinance #12-2007? Seeing none, I close it to the public. I would ask Mr. Perkins to please move that for approval.

Mr. Perkins: Yes, Mr. President. I move for adoption and final passage of Ordinance #12-2007.

Mrs. Labow: Second.

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

ROLL CALL: Passed Unanimously

President Greenbaum: Ordinance #12-2007 has passed on second reading and I hereby direct the Clerk to forward a copy of same to the Mayor and publish the notice of adoption as required by law. The next Ordinance for Public Hearing is Ordinance #13-2007 entitled:

Ord. #13-2007 Bond Ordinance Providing for the Resurfacing of Various Roads in and by the Township of Mount Olive, in the County of Morris, New Jersey, Appropriating $146,179 Therefor and Authorizing the Issuance of $138,870 Bonds or Notes of the Township to Finance Part of the Cost Thereof.

President Greenbaum: Is there anyone from the public who wishes to be heard on this particular Ordinance? Seeing none, I close to the public. I would ask Mr. Rattner to please move Ordinance #13-2007 for approval.

Mr. Rattner: Thank you, Mr. President. I move for adoption and final passage of Ordinance #13-2007.

Mr. Perkins: Second.

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

ROLL CALL: Passed Unanimously

President Greenbaum: Ordinance #13-2007 has passed on second reading and I hereby direct the Clerk to forward a copy of same to the Mayor and publish the notice of adoption as required by law.

ORDINANCES FOR FIRST READING – 2nd Reading March 27, 2007

President Greenbaum: The first Ordinance for First Reading is:

Ord. #14-2007 An Ordinance Amending and Supplementing the Property Maintenance Code of the Township of Mount Olive to Allow for Seasonal Parking of Recreational Vehicles in Yards.

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

Mr. Tepper: Yes, Mr. President. I move that Ordinance #14-2007 be introduced by title and passed on first reading and that a meeting be held on March 27, 2007, at 7:30 p.m. at the Municipal Building, 204 Flanders-Drakestown Road, Mount Olive, New Jersey, for public hearing, consideration of second reading and passage of said ordinance and that the Clerk be directed to publish, post and make available said ordinance in accordance with the requirements of the law.

Mr. Perkins: Second.

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

ROLL CALL: Passed Unanimously

President Greenbaum: Alright Phil, are you ready? This is the big one now.

Ord. #15-2007 Township of Mount Olive, Morris County, New Jersey Calendar Year 2007 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 Greenbaum: Mr. Tobey, do you want to move that for First Reading please?

Mr. Tobey: I move that Ordinance #15-2007 be introduced by title and passed on first reading and that a meeting be held on March 27, 2007, at 7:30 p.m. at the Municipal Building, 204 Flanders-Drakestown Road, Mount Olive, New Jersey, for public hearing, consideration of second reading and passage of said ordinance and that the Clerk be directed to publish, post and make available said ordinance in accordance with the requirements of the law.

Mr. Perkins: Second.

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

ROLL CALL: Passed Unanimously

CONSENT RESOLUTIONS AGENDA:

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


CONSENT RESOLUTIONS

2. Resolution to Introduce the 2007 Municipal Budget.

3. Resolution to Introduce the 2007 Solid Waste Collection District Budget.

4. Resolution of the Township Council of the Township of Mount Olive Authorizing the Execution of a Developer’s Agreement with Parminderjeet Sandhu.

5. 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 2007.

6. Resolution of the Township Council of the Township of Mount Olive Authorizing William Sohl, Business Administrator to Execute a TWA Application for St. Elizabeth Ann Seton Parish Sewer Project.

7. Resolution of the Township Council of the Township of Mount Olive Authorizing an Amendment to a License Agreement Between Norfolk Southern Railway Company and the Township of Mount Olive.

8. Resolution of the Township Council of the Township of Mount Olive Authorizing an Escrow Agreement for the Water Franchise Between Toll and the Township of Mount Olive.

9. Resolution of the Township Council of the Township of Mount Olive Authorizing a Professional Services Contract with C. William Bowkley, Jr., Esq. of Bowkley and Zelante for Legal Services to the Mount Olive Township Ethical Standards Board.

10. Resolution of the Township Council of the Township of Mount Olive RE: Temporary Capital Budget for Improvements to Naughright Road.

11. Resolution of the Township Council of the Township of Mount Olive RE: Temporary Capital Budget for Road Resurfacing.

12. Resolution of the Township Council of the Township of Mount Olive Awarding a Contract to State Line Fire & Safety for Various Rescue Tools for the Budd Lake Fire Department.

13. Resolution of the Township Council of the Township of Mount Olive Authorizing a Professional Services Agreement with Schoor DePalma for the Engineering Services Related to the Potable Water Facilities Fixed Asset Valuation.

President Greenbaum: We are up to Consent Resolutions. There are 13 Consent Resolutions. We already passed number one which related to commemorating 50 years of the Marauders Football program. The remaining 12 are #2-13. Does anyone wish to have any of the remaining 12 resolutions removed and put on the Non Consent Agenda?

Mr. Tepper: Thirteen.

President Greenbaum: Thirteen will be removed and put on Non Consent. Any others?

Mr. Tepper: Number eight as well please.

President Greenbaum: Number eight. Anything else? Mr. Buell, do you want to move #2-7 and 9-12 please?

Mr. Buell: I move Resolutions #2-7 and 9-12.

President Greenbaum: Is there a second?

Mrs. Labow: Second.

PUBLIC PORTION ON CONSENT RESOLUTIONS

President Greenbaum: Moved and seconded. Is there anyone from the public who wishes to be heard on any of the resolutions on the Consent Resolutions Agenda? Seeing none.


COUNCIL COMMENTS ON CONSENT RESOLUTIONS

President Greenbaum: Is there anyone on Council who wishes to make a brief clarifying statement as to the Resolutions on the Consent Resolutions Agenda? Roll Call please.

ROLL CALL: Passed Unanimously

RESOLUTIONS NON CONSENT

President Greenbaum: Okay we are up to the Non Consent Resolutions Agenda. We have #8, Mr. Tepper do you want to move that?

8. Resolution of the Township Council of the Township of Mount Olive Authorizing an Escrow Agreement for the Water Franchise Between Toll and the Township of Mount Olive.

Mr. Tepper: I move Resolution #8.

Mr. Perkins: Second.

PUBLIC PORTION ON INDIVIDUAL RESOLUTIONS

President Greenbaum: It has been moved and seconded. Does anyone from the public have any discussion on Resolution #8?

COUNCIL COMMENTS ON INDIVIDUAL RESOLUTIONS

Mr. Tepper: I would just like to understand, specifically, how this impacts on Morris Chase. I assume that it is separate from that? It says escrow agreement for the water franchise and I wasn’t sure.

Mr. Dorsey: They are imposing upon the Township for a special item, which is a franchise and the processing of that franchise. The concern here is, there is a certain expense involved to the Township. I mentioned it to Lisa and she promptly picked up the phone and called Toll Brothers and they said fine, how much should we come up with a check for? Lisa is very good at collecting money. The purpose of the escrow agreement is to defray the costs legal and otherwise that you are going to be involved in here. So you all understand the problem, the agreement specifically provides that when the Township calls for the water system, which I take it is a fairly massive water system, to be turned over, they must turn it over. However, the continuing advice by McGroarty and Buczynski is that the Township not call for the water system to not be turned over until it is fully built out so that all the wrinkles…is that what you call them, in the water system have either been recognized and or corrected. When we call for the turnover, they must give us a one year warranty and a two year maintenance bond. In return they need a franchise in order to operate the system until such time as the Township requires it to be turned over. My concern here is that we don’t give them a franchise that in anyway backdoors us so that we can’t demand that the system be turned over when we want it and can’t get it at no cost to the Township. Just being very careful about that and I don’t think the Township should have to expend the funds to deal with their franchise. I think they have to escrow that money.

Mrs. Labow: Is the $10,000 going to be enough or…

Mr. Dorsey: It’s a good shot to start with.

Mr. Rattner: It’s a start.

Mrs. Labow: It’s a start and then they will add more as needed?

Mr. Rattner: Or have some professional spend it.

Mr. Dorsey: I don’t know that it is going to cost that much.

Mrs. Labow: Oh, it won’t?

Mr. Dorsey: I haven’t predetermined the fee yet.

Mayor Scapicchio: John, when you say fully built out, what does that mean? Does that mean that every house is connected?

Mr. Dorsey: The answer to the question is this. The agreement permits the Township to call for the turnover of the system at any time it sees fit. Buczynski has always recommended that we not call for it until the system is built out. I suppose the logic to that is, you don’t know the system has been fully built and built properly until it is fully built out but two years into the system the Township calls for the system to be turned over, they are required to turn it over. Mayor, are we together?

Mayor Scapicchio: Are you comfortable with the language in the contract that we can take that system over at any point in time we wish to take that system over?

Mr. Dorsey: I am confident that the language on that is specific, and the language on that is specific that the Township will not have to pay anything for the system. What I am trying to guard against is this, when we give them a franchise we don’t through some mechanism that the BPU might impose find our position changed.

Mayor Scapicchio: That’s my question John. So you don’t have a comfort level with that yet?

Mr. Dorsey: Not with the franchise ordinance. Not with the ordinance that they have sent in…

President Greenbaum: This is a separate issue. This only deals with the escrow and John is on top of the other issue.

Mayor Scapicchio: I am sure he is.

President Greenbaum: We just haven’t gotten to the point where he is ready to sign off on this thing.

Mayor Scapicchio: Okay.

Mr. Rattner: I think one of the questions the Mayor had is, built out meaning every connection. I don’t look at that. It means the system has been built, if the houses didn’t connect but I mean all the loops are in. You can understand if you have pipes on three streets and you still have to go three more streets, you probably don’t want to do it because it’s not a complete system. A complete system, at least the way I look at the definition, means all the infrastructure is in. We don’t own the laterals going to the house anyway. You know we are only up to the curbstop.

Mayor Scapicchio: They can put the infrastructure in for every house except for two and the system is not complete.

Mr. Dorsey: Oh no. The agreement, the Morris Chase agreement which was signed March 18, 2004 does not say that they can delay the turnover. The turnover is when the Township says the turnover will occur.

President Greenbaum: In other words when our professionals say you know what, it’s time to take it over, that’s when we are taking it.

Mrs. Labow: Wasn’t there something in there that said once they had at least 100 in, we could consider taking it over at that point?

Mr. Dorsey: That was one of drafts.

Mr. Tepper: That was one of the minimums.

Mayor Scapicchio: Just so I understand this myself, John, the governing body here are the only ones that can grant the water franchise?

Mr. Dorsey: We must grant authorization for the BPU to grant the franchise, yes.

Mayor Scapicchio: Are we in the position that we are in because the Planning Board in the Developer’s Agreement granted that, what I will call a temporary franchise, and the Council, maybe not this Council but a Council, authorized that Developer’s Agreement?

Mr. Dorsey: Yes.

President Greenbaum: The franchise is not troubling in and of itself as long as it doesn’t impact our ability…

Mayor Scapicchio: I was just trying to understand it in my own mind.

President Greenbaum: The fact that they are bringing in a franchise to run their water system, it’s not of any real concern to us so long as it doesn’t affect our ability to take the system when we are prepared to take it.

Mayor Scapicchio: Although, I don’t think we have ever done this before.

Mr. Dorsey: No, as a matter of fact at Wyndham Point, this is what they are guarding themselves against, at Wyndham Point they had to give free water until the day we turned it over.

Mayor Scapicchio: That’s correct.

Mr. Dorsey: Even Toll Brothers learned some things from their mistakes. When they said hey, we are not going to run this 400 home water system until you guys tell us to turn it over, we want a franchise. There’s nothing wrong with it. Frankly, I think everybody would agree we wouldn’t want to take over the system too early until everything is worked out. So it’s all fine as long as we get the right wording in the ordinance that grants the franchise.

Mr. Tobey: My question was, is this an isolated incident but I think that was just somewhat asked by the Mayor and just now answered.

Mr. Dorsey: This is the only time we have had to do it this way. There have been other water systems turned over to us, much smaller. This is a very large size…am I right Mr. Perkins?

Mr. Perkins: Yes, oh yes.

Mr. Dorsey: It’s a large sized water system.

Mr. Perkins: As a matter of fact, we had Lakeview Estates which was approximately 20 some odd customers on a tank and a new well, which also helped to supplement our system and they put in some new meters and pressure reducing valves for us. That’s a small system. When you look at a large system, obviously the first duty of any water purveyor is to provide for the safe and adequate supply of potable water to their customers within the development. I mean that is what they have to design it for. Whatever is left over comes out. From my standpoint speaking with our Director of the Department of Public Works and the Township Engineer as we have looked at the system you have to understand, that we have a tank out there. That that tank needs to cycle just like our tanks have to cycle every single day. They deplete during the day and re-fill them at night. Until you have an adequate number of customers online, all of the well pumps won’t be running, all the hypo chlorinators will not be running and your tank will not start to move. As you begin to get more and more customers on, you will see a steady usage on the system. Our DPW Director feels that that would be the appropriate time, we don’t know when that number might be, for them to start getting involved, so he can start looking at manpower issues, chemicals, electrical and the rest, and see how the system runs. Hypothetically, if you say all 400 give or take homes were built, they’re up, all the meters are in, now get the deed signed over to us and we instantly take it over and commence operations and billings. That would be the preferable way to do it. We have a 15 percent maintenance bond that’s up for… John, I think in two years after this?

Mr. Dorsey: Yes.

Mr. Perkins: So we have two years that they’re still responsible for anything that breaks but we would at least be able to pick up revenue to run it.

President Greenbaum: Any other comments on this? Roll Call.

ROLL CALL: Passed Unanimously

President Greenbaum: We are up to #13 entitled:

13. Resolution of the Township Council of the Township of Mount Olive Authorizing a Professional Services Agreement with Schoor DePalma for the Engineering Services Related to the Potable Water Facilities Fixed Asset Valuation.

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

Mr. Tepper: Yes, Mr. President. I move Non Consent Resolution #13.

Mr. Perkins: Second.

PUBLIC PORTION ON INDIVIDUAL RESOLUTIONS

COUNCIL COMMENTS ON INDIVIDUAL RESOLUTIONS

President Greenbaum: Moved and seconded. Anyone from the public?

Mr. Tepper: Since we just addressed #8, my question would be does this include an estimation of the value of the water system included in #8 as well or is it only our existing ones?

President Greenbaum: Mr. Perkins, do you have an answer to that?

Mr. Perkins: My answer was during my discussions with Gene Buczynski that this…the Morris Chase/Morris Hunt needs to be included in the asset evaluation because inevitably it will be turned over to us. Whether he uses that as a supplementary figure or as an asset down the line, but all dry systems, all operable systems that are presently in the ownership of the Township…

Mr. Tepper: I understood the present. I was just concerned about the system that has not yet been built or turned over.

President Greenbaum: I don’t think it’s in the…it’s a good question but I don’t think it really requires that much additional work on their part to give an estimate because he is going to be familiar with the system as is.

Mr. Tepper: I don’t disagree.

President Greenbaum: Any other questions on this? Roll Call please.

ROLL CALL: Passed Unanimously

MOTIONS

President Greenbaum: The first motion is:

1. Appointment to the Board of Adjustment, Alternate II for a 2 year unexpired term to expire 12/31/08 (resumes received: Steven Bedell & Dawn Dodsworth – Matt Guido, resume not received)

President Greenbaum: My understanding Jim, just from hearing, is that you wanted to put up, at a minimum, Matt Guido.

Mr. Buell: Actually, Matt Guido is moving out of town next month but I would like to put up Mr. Al Melveger.

President Greenbaum: Okay, does anyone second Mr. Melveger’s nomination? I am going to open it up for all nominations. I’ll second Mr. Melveger’s nomination, so that he will be discussed. Does anyone else have any individuals that they want to move for this position?

Mr. Tepper: I will move Dawn Dodsworth.

Mr. Perkins: Second.

President Greenbaum: Okay, so Dawn has been moved. Phil, do you want to move Steve?

Mr. Tobey: I’ll move for Steve Bedell.

Mr. Buell: Second.

President Greenbaum: Okay. It has been seconded so there are three. Are there any other people that we are going to consider this evening? I guess what we will do is, we will take a vote. If someone receives four votes then that person will take the spot. Why don’t we start with…I don’t know if anyone has anything that they wanted to discuss on any of the three individuals. Let’s take it that way. If not, we will just take it right to a vote. Okay, let’s start with Dawn Dodsworth and then we will go through a roll call.

ROLL CALL: Passed Unanimously with the exception, Mr. Buell voted no.

President Greenbaum: Okay, so there is no reason to continue we will take Dawn Dodsworth and congratulations to her on the appointment to the Alternate II term on the Board of Adjustment. We are up to Raffle Applications:

2. Approval of Raffle Application #2191 & #2192 for the Scandinavian American Heritage Society.

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

Mr. Perkins: Yes, Mr. President. I move for approval of Raffle Application #2191 & #2192 for the Scandinavian American Heritage Society.

Mr. Buell: Second.

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

ROLL CALL: Passed Unanimously

3. Bill List.

President Greenbaum: Bill List, Mr. Rattner.

Mr. Rattner: I move that we approve the Bill List as submitted including the big one and the Jerry Lewis one.

Mr. Perkins: Second.

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

ROLL CALL: Passed Unanimously

ADMINISTRATIVE MATTERS

Appointment of Laura Szwak to the Open Space Committee for a 3 year unexpired term to expire 12/31/08.

President Greenbaum: Mayor, you are appointing Laura Szwak to the Open Space Committee for a 3 year unexpired term to expire 12/31/08?

Mayor Scapicchio: Yes, Mr. President. Lew Candura who actually held two spots on the Open Space Committee, one is the Mayor’s appointment and one is the Planning Board Liaison. Once he was reappointed as the Planning Board Liaison he resigned as the Mayor’s appointment. My appointment to fulfill the balance of that term which expires 12/31/08 is Laura Szwak.

President Greenbaum: I don’t believe that there is any requirement that Council consent in that appointment. I think it is a straight Mayoral appointment.

Mayor Scapicchio: Either way…

President Greenbaum: Okay, that is what I am being told. Are there any other Administrative matters?

Mr. Sohl: Nothing.

OLD BUSINESS - None

NEW BUSINESS -None

LEGAL MATTERS - None

COUNCIL REPORTS


Recreation Liaison Report

President Greenbaum: The Recreation Liaison Report which was being handled by Mr. Biondi, Mr. Tobey will become the Council Liaison to the Recreation Advisory Committee. There was a meeting in the interim between Mr. Biondi’s resignation and the appointment of Mr. Tobey. I have a packet of material which was given to us by Recreation. I didn’t have it copied. If anyone would like to either review it or get a copy, just contact Lisa. It is a rather thick packet and any questions can be directed to Jill for that particular meeting.

Mrs. Labow: Isn’t it the first Wednesday of the month?

President Greenbaum: It may be a conflict in terms of …

Mrs. Labow: I was just going to say if we could change…

President Greenbaum: You guys can work that out.

Board of Health Report

Mrs. Labow: The next meeting is March 21st.

Planning Board Report

Mr. Tepper: The Planning Board met. They reviewed an application for a company to finally move into the Ames building, a Tractor Supply Company. There are a few minor issues remaining, which I anticipate will be reviewed at the meeting this week prior to the third round COAH obligations report being presented to Planning Board, Councilmembers and all by Mr. McGroarty.

President Greenbaum: Who represented the property owner?

Mr. Tepper: Glenn Geiger.

President Greenbaum: I am sorry?

Mr. Tepper: Glenn Geiger.

President Greenbaum: Oh, Glenn Geiger, okay. My understanding is that they are going to be knocking down a good portion of that building.

Mr. Tepper: If you look at the building from the front where the metal overhang is, the far right section, the brick section will probably be knocked down and made into an open storage similar to what’s at Lowe’s, with a fence around it. In order not to make it very unsightly, there is a fabric that will be put inside that will prevent view from seeing inside of it from the houses on the side and the back.

President Greenbaum: What’s the nature, I know you said tractor supply.

Mr. Tepper: Tractor Supply sells everything they are proud to say but tractors. It was quite interesting.

President Greenbaum: I mean are they going to be selling seed and fertilizer…

Mr. Tepper: It will be seed, fertilizers, lawn tractors, lawn mowers, yard use and a lot of horse and farm supplies. They feel there is a market for that based on their pre-survey of the area. I am not sure necessarily where we concur. There is also a clothing…something like Ramsey Mountain Sports in terms of outdoor clothing, work clothing. They seem quite optimistic about it, they have set up several of them in the Sussex area and Hunterdon area and they feel it would be successful here.

President Greenbaum: Are they also going to be selling hardware, tools and…

Mr. Tepper: Some, they will definitely be selling tools. They will sell automotive, automotive supplies, batteries, oil and things of that nature. The other piece of the property I don’t know if I brought it up? It’s not related so much to Tractor Supply, they anticipate putting in a branch office of the PNC Bank almost behind the Shell and cattycorner to the Subway building.

President Greenbaum: What is the nature of the variances which they are seeking?

Mr. Tepper: The primary one has to do with a side setback because they are looking to expand the turnaround for the trucks to actually make it safer. Whereas, right now it is a very narrow road. When they knock the building down and move out, they are going to move the driveway back about six feet…I am sorry, the curb way back six feet. So as to make it an easier turnaround going into the back for the tractor trailers, that is principally it.

President Greenbaum: Mayor, do you have something?

Mayor Scapicchio: Just this information. I got several phone calls from an adjoining property owner and several residents on Deerfield. Although they propose putting up this black netting on this chain link fence to sort of shield their storage. The adjoining property owners would love to see some sort of landscape buffer. So that is for informational purposes.

Mr. Tepper: That was addressed. The dentist who has the commercial building next to it is actually here, I forget his name right now.

Mr. Sohl: Art Nusbaum.

Mr. Tepper: Art… and he sat on the Planning Board in Roxbury for many years so he presented very valid points, very clearly stated having to do with the landscaping and the buffer and Glenn and the client both indicated that they would be willing to work with them to keep everyone happy.

President Greenbaum: Okay. Did you have something Bill?

Mr. Sohl: Mr. Nusbaum did stop by the office the other day and dropped off a written report or a set of information to submit which we have passed onto the Planning Board.

President Greenbaum: When is it back on for discussion?

Mr. Tepper: It’s this Thursday. It will be on this Thursday for the first hour and a half of the meeting.

Mr. Rattner: I thought it was interesting that, I believe, Mr. Nusbaum was on the Roxbury Planning Board when Wal-Mart went in and he was against any outside stuff. Tractor Supply… it’s really, the first one moved into New Jersey about two years ago. You can find it on Rt. 57 in Lopatcong on the way to Phillipsburg. It is a store that you would think you would probably find in the mid west. It is geared strictly for the farmers. When you talk about tools and stuff, it’s for irrigation, they have all the pumps. A quarter of the store is different feed for everything from cows to sheep. They have that down at the Lopatcong store. You will see the industrial type of oil not the regular motor oil you would use in your car. It is going to be interesting to see how they do in the area if they keep the same product line.

Mr. Tepper: I have a brochure I will be glad to bring in for the rest of the Council to review where they listed all of the items that they anticipate stocking and selling.

President Greenbaum: That’s where Mr. Rattner is from now on going to be doing his food shopping.

Mr. Rattner: Well, they have bulk…

Mr. Tepper: If you consider that an appropriate place, more power to you.

Mr. Rattner: Fifty to eighty pound feed bags.

President Greenbaum: Thank you.

Mr. Tepper: You’re welcome.

Board of Adjustment Liaison Report

Mr. Perkins: Yes, Mr. President. I was not in attendance, however, I was updated by the secretary. The only item being heard was the plan, the JCPL substation. It was quite heavily attended, however, it is being carried because they ran into a late hour.


Open Space Committee Report

Mrs. Labow: The Open Space Committee meeting was canceled because Mrs. Murphy was going to be in Morristown making a presentation. So it was canceled, we will pick it up next month.

Legislative Committee Report

President Greenbaum: Okay. Legislative Committee is now going to be handled by Mr. Perkins.

Pride Committee Liaison Report

Mr. Perkins: Thank you, Mr. President. Right now the new billboard has been designed. We are just waiting to get that up for the spring. The Chair has been in contact with the Chair of the Economic Development Committee and the two groups are going to start working jointly together as they continue to bring hopefully some new businesses into Mount Olive and Pride wants to be a bit more involved then just some of the beautifications.

President Greenbaum: I saw the letter from Cody indicating that 300 plus employees are going to be laid off.

Mr. Rattner: They are the final ones because they laid some off before.

Mr. Tepper: If I could step back one moment. On the Planning Board, we had a class on Saturday to fulfill the State requirements and the New Jersey Planning official’s requirements. One of the things that did come up was the fact that there was a conflict of interest for any member of the Economic Development Committee to be a member of the Planning Board. So that presents a potential issue, as I know at least one Planning Board/Zoning Board member, at least one of the members is a member and they are going to discuss it further with Roger about that but it is something for us to consider for future appointments.

President Greenbaum: Okay.

Board of Education Liaison Report

Mr. Buell: Yes, two meetings. On March 6th, where they actually provided a special meeting, they introduced the next year’s School Budget. Just to recap that, it’s a 7.6% increase. They cut about $500,000 from the total budget and yet had the increase and it is going to equal 18.3 points, tax increases this year. They met last night and they modified several things, some good and some bad. The original proposal they made on March 6th was to have the seniors pay $100.00 for parking. They have dropped that proposal and the seniors will not pay and they have found $20,000 outside of that area to cut in the budget. In addition, they are going to have three, or at least they are going to attempt to have three questions on the ballot. The first one will be the budget itself. The second one will be a capital appropriation of $485,000 to move the two trailers that are currently at the High School to Sand Shore School and to renovate them and to set them up for classes. Otherwise, unless that passes they will have two trailers that will be sitting out in the back of the High School which won’t be used because they have no use at that point in time. The third question is for $150,000 basically to provide $30,000 for baseball backstops, a visitor’s bleacher at the High School stadium for $60,000 and bleachers for the new turf field at $52,000 and $8,000 to reseed the Middle School. The total cost of that question is $150,179.

President Greenbaum: What happened to the roof at Mountain View?

Mr. Buell: I do not know.

Mr. Tepper: Why are they reseeding the field at the Middle School?

Mr. Buell: Unfortunately, that to me is the most important issue because it’s $8,000. Evidently the school fields are in very poor shape at this point in time. All of the schools are in poor shape. They have no money for maintenance of any of the fields at any of the schools so therefore the athletic facilities are going to be degrading. As I said, my anticipation when I heard them March 6th was there was going to be the Mountain View School roof and a lot of field maintenance and now they showed up with as I said about $90,000 or $100,000 in bleachers.

Mr. Tepper: They’ve got bleachers sitting in the back of the field right now.

President Greenbaum: I don’t think we need to get into their budget.


Mr. Tepper: Not yet.

President Greenbaum: Not yet. Just so everyone is aware of the fact, I have written a letter in support of passing the School Budget which I submitted to the Mount Olive Chronicle. It should be coming out elsewhere because I have looked at the budget and I don’t believe that there is a … I think that they have presented a good budget. They have dealt with a lot of difficulties which are not of their own making, such as the loss in ratables, being one. You know the same issue that we are all dealing with because of the revaluation of commercial space. So I publicly took a position on that. In any event, does anyone else have any other comments on the school?

Mayor Scapicchio: Just a question for Mr. Buell. Jim, is there any truth to the rumor that if that budget is defeated they are going to privatize the bus service?

Mr. Buell: They have basically said that, in essence, that if we cut the budget, the first place they are going to be looking for additional dollars is the privatization of the busing services.

Mayor Scapicchio: Have they already looked at the cost analysis of having it done inhouse verses outsourcing?

Mr. Buell: They are in the process of doing that right now. They are actually bidding out the privatization.

Mayor Scapicchio: So right now they don’t know whether it’s going to be…

President Greenbaum: No, that’s not accurate. I sat down with the Business Committee. Anyone who would like to speak to me about the cost savings associated with outsourcing of janitorial, food services and transportation I am more than happy to have that discussion with anybody. I sat down with the Business Committee of the School Board. I have the pros and cons which they presented to me at the time and I am more than happy to discuss that. I think, Dave, the answer to your first question is that the School Board doesn’t know what they are going to do at this point if money is cut. It depends on how much is cut and they will look at the different issues. Obviously, courtesy busing is an issue. Obviously, afterschool activities are an issue. I think anything that doesn’t deal directly with the educational aspects of the inroom classroom teaching will be on the table depending upon how much money is cut out of their budget. So I think they will look at outsourcing. I think they will look at outsourcing only on the transportation side, not on the janitorial and not on the food service based upon my discussion with the Business Committee and for reasons which I am more than happy to discuss with anybody who wants to contact me.

Lake/Environment Issues Committee

Mr. Rattner: Thank you, Mr. President. At the request of the Clerk, I attended a site meeting at Morris Chase last Thursday. Attended by, it seemed like a cast of thousands. From the Township was myself, Gene Buczynski, Frank Dolan, Ralph DeFranzo, Jim Smith and R&R was represented. Toll Brothers led by Senior VP Peter Alles and Joe Dunn and a person from his office from Morris County Soil Conservation. The reason being is that there were numerous reports of silt going back into the lake and among other areas around. It started off everybody was very defensive. We are doing everything the law requires and you can’t expect perfection. After we got through that, Joe Dunn from Soil Conservation did go through the plans and made sure that the sequencing was proper. In other words, based on their approvals, they can do certain things making sure they weren’t getting ahead of themselves or if they disturbed too much land for the size of the retention basins to handle. He said they all looked to be in good shape. He then stated based on the regulations and based on the amount of work that they are doing, there is a sixteen week window where there isn’t anything but God himself that can stop them from damaging the lake because of the way the work is done. If there is a major storm, there will be major runoff and there will be major amounts of mud. There will be major damage to the lake and that is acceptable. He then went on to say different things. There is a big conflict between what the EPA, which is a superior agency, allows and what they can do. He also stated one of the things and when I started putting numbers together it was very disconcerting, that the regulations require that the developer have storm structures up that will take 70% of the solids out of any runoff. 70%, that means 30% goes through. Then they mentioned for every acre that they disturb, that is 60 tons of soil. Now that is not 60 tons that go into…obviously the runoff but when you look at one over the other. When we went through everything, then they had…Joe Dunn did a full inspection of the site, which all of us went around and we walked the site and in general, I was surprised to how many different things they put in, what they’ve done. There were a number of issues that Joe Dunn picked up on, stating certain things he didn’t think were large enough. He also had suggestions. One of them, which is a major item, is that a major part of the water that’s running off the site right now is actually coming from offsite. It is coming from Goldmine Estates and Turkey Brook. The water is coming down. It has always gone into the woods and it is being mixed in with what they are doing.

Mr. Rattner (Cont’d): What Soil Conservation suggested they do, and they were agreeable to see how fast they could get it done, is to try to pipe or to channel the water that is coming onto their property, which wasn’t theirs. So what they are calling is clean water so it doesn’t get mixed in with the disturbance of the site. This way it cuts down on a lot of the water coming through, hopefully cuts down on a lot of the solids that come through that way and that made a lot of sense. The big thing is that when they start saying…when we see color in the lake, it really isn’t that much silt, it’s just that it is so fine that it goes in. So a lot goes in. You see the color is like dye but there isn’t, if you go by weight, there isn’t a lot there. We did talk about different testing and they are looking at that, if they can measure from the brook that goes along the Pavilion and some of the other areas and if there is a way that they could look at that. The real bad part is what Soil Conservation said, is that this type of work will damage the lake. It’s not the amount of silt that’s going in, it’s the fine particles. The fine particles are going to tag along the different pollutants, the different phosphorus, the different things in the soil, the contaminants. Also, it will effect because of the fineness of the silt, it will get into the aquatic life and will actually cause more of…you know a less healthy environment for anything. Whether it’s a little thing that crawls along the bottom, or the fish itself. He tried making a joke of it that I really didn’t think was funny, was that he said that it will have all the marine life, it will carry down pollutants and nutrients and accelerate the ectro purification and the lake will just speed it up to just becoming a wetlands but that seems to be in vogue today, so it wouldn’t be all bad. I think he was trying to say it as a joke but what he is basically saying is when you have a major construction project and you do everything that’s possible and meet all the regulations, there is still going to be situations…you know if we are unlucky. With that sixteen week window, we are in the third week of it, what he did recommend that he thought would work, and Toll Brothers agreed, they have a grinder on site chopping up all the trees and tree stumps and stuff like that. He said take that material and start spreading over all the disturbed areas of land. He said if the rain doesn’t hit the soil it won’t pick it up and put it in the tributary. So what he recommended is, don’t cart the stuff out, just start shooting the stuff on top of everything and that will go a long way into solving it. I wasn’t happy with everything there. I get the calls from a number of different people every time there is something there. It does appear that they are doing what they have to do. Soil Conservation is on top of it. They did find some things and told them what they have to improve and they said they would get on it right away and they will just be watching it. We had our own inspectors there. They know what it is and if the public sees anything we will look at it and just identify it and try to nip anything in the bud.

Safety Committee Liaison

Mr. Perkins: No meeting, Mr. President.

Finance Committee Report

Mr. Rattner: Nothing to report.

Economic Development Committee Report

Mr. Rattner: Nothing to report. We meet this weekend.

Solid Waste Advisory Committee Report

Mrs. Labow: We are meeting on April 4th.

Library Board Liaison

Mr. Tepper: Meets tomorrow night.

PUBLIC PORTION

President Greenbaum: Anyone from the public who wishes to be heard this evening? Mr. Russell, if you would be so kind as to go up to the Marauder podium. State your name and address please.

Nelson Russell, Budd Lake: Steve, what is causing this sixteen week window?

Mr. Rattner: It’s just that when you have that much opened disturbed property, no matter what you do, if you get an extraordinary storm, nothing is going to hold it back. That is what they are saying.

Mr. Russell: What happens from thirteen weeks to stop that?

Mr. Rattner: The disturbed area, the grass will start growing and things will be stabilized. It takes a certain amount of time for soil to be compacted to be stabilized, that type of thing. When you are in the middle of doing the work no matter how many things you put in, it can start raining while you’re working on it and it’s not done yet. They did show us what they were doing because they had some structures left. When they hear a report of rain, they spend the day before stabilizing what they can, putting different berms in or just stone all over that are just temporary, which they have to take up the next time. That is what I was saying, I wasn’t real happy with the end result but it does appear that they are doing everything that is required. It’s just that it’s not going to be 100% and their standards don’t require 100%.

Mr. Russell: Okay, thank you. In Ordinance #14, which is just first reading, it uses the term bituminous concrete. Is that another word for asphalt? All driveways shall be constructed with bituminous concrete or equivalent material.

Mr. Sohl: I know that’s the way it’s been explained in the books. I think that is essentially…

Mr. Tepper: Asphalt.

Mrs. Labow: Yes, asphalt.

Mr. Russell: It’s saying asphalt, why don’t we just say asphalt?

Mr. Tepper: It’s the technical definition.

Mr. Tobey: It is a scientific term.

Mr. Sohl: That is the verbiage that is there already but that particular verbiage hasn’t changed.

Mr. Russell: Alright, I just wanted to know what it was. A couple of things on the Bill List, on page #2, I am seeing $63,202.00 for a multi purpose vehicle chassis. What are we getting for $63,000?

Mr. Tepper: Isn’t that the rack body truck? I believe it’s the rack body truck itself.

Mr. Russell: It’s rather expensive for a…

Mr. Tepper: That’s an airbrake CDL truck.

Mayor Scapicchio: We will get the information for you. We don’t know offhand.

Mr. Russell: Okay, thank you. Also on page #10 there’s $6,865.40 for the telecom audit service. What is the audit service? There is also a long distance charge in that check.

Mrs. Jenkins: What page are you on?

President Greenbaum: Page#10.

Mr. Russell: Page #10. Do you want the check number?

Mrs. Jenkins: What’s happening with the phone service is we have to give them a percentage of the projected savings that we are going to get as a result of their service. That is what this $6,865 is. That is the projected first year savings, I believe, from their audit that they completed.

Mr. Russell: So we have to give them ten percent of it?

Mrs. Jenkins: No we give them…again, I don’t remember the number of the percentage offhand. I know they get something. I think it’s more than that.

Mr. Rattner: Mr. Russell, there are a number of companies that do that. It started within the trucking industry when they were looking at the tariffs. You have your bills, these companies come in they don’t charge you any fee. They say we can come in and let us audit your stuff. We will show you where there are mistakes on your bills and for the first year the money we save you, you split with us 50/50. So they work on a commission. The idea is that we weren’t saving the money to begin with. Number two, once we get down to the right tariff rates and those type of things and equipment that may have been taken out that we are getting billed for it would continue in the future.

Mr. Russell: So this is what the consulting company is doing?

Mr. Rattner: This is what they are doing. This is strictly on commission. That is why it is there. So if they didn’t save us any money we wouldn’t pay them anything. So it is 50/50 for the first year.

Mr. Russell: Thank you.

COUNCIL COMMENTS

President Greenbaum: Thank you. Is there anyone else from the public who wishes to be heard? I will close it to the public. There is no executive session this evening.

Mr. Rattner: Oh, darn!

President Greenbaum: We are up to final comments. I don’t know if you have anything this evening, Sherry? I will get to you Mayor, don’t worry… go right down the line.

Mayor Scapicchio: It’s in reference to the executive session.

President Greenbaum: It’s okay, we are still going to do final comments and then you can…

Mayor Scapicchio: Okay.

President Greenbaum: Sherry?

Mrs. Jenkins: We have our Bond Sale this week actually. So I will let everybody know how we do. It’s going to be online, it’s pretty interesting actually.

Mr. Sohl: None.

Mayor Scapicchio: Just that in conversation with Mr. Dorsey this morning the Business Administrator has prepared a letter that he is going to sign and send out to ARD and we would like to discuss that with Mr. Dorsey and Council in executive session this evening before that goes out tomorrow.

President Greenbaum: Then we will have an executive session briefly to discuss ARD. That’s fine, any other final comments? I will get to you Steve.

Mr. Rattner: Well, I don’t know I thought you said everybody? I thought you opened it?

President Greenbaum: Do you want to go now? Then I will let everyone go afterwards and they may bash you and you won’t have an opportunity to respond.

Mr. Rattner: That’s okay.

President Greenbaum: Then you will wait your turn.

Mr. Tepper: No thank you.

Mr. Buell: None.

Mr. Tobey: No comments.

Mrs. Labow: No comment.

Mr. Perkins: Nothing.

President Greenbaum: Your turn big boy.

Mr. Rattner: This is just something that I think we have to watch out for, it was disturbing to me. I was on a panel about a week and a half ago and I was seated in between Assemblyman Cryan and Assemblyman DeCroce and it came up, they were talking about the budget and they were obviously bartering back and forth. One of the things that came up when they were talking about this new rebate program, that the checks are a short term solution to get the money back to the people. If the program continues, it is going to be up to the local tax assessor to write on your tax bills, to put the credit, rather than to send out the money.
Mr. Rattner (Cont’d): What Assemblyman DeCroce brought up was stating that, to do that the State is going to have to have separate files of everybody’s income tax and then provide a data file to the local tax assessor with every property owner in town, tax information… income tax information because the rebate program is based on income. Now he brought up the fact, was the State going to sell that information like they sell your driver’s license every time you buy a new car and you register it…you know they sell that. That is why when you buy a new car you get all those advertisers, that’s the State because they make money. So that came up, I don’t know if that is really a fact but they went back and forth and they said that is how it is going to happen. We keep talking about different things and personal information but now personal income tax information is going to be going out. I would imagine it would be needed even for renters because renters get a certain amount based on their income too. Now, I don’t think they figured that part out. There isn’t money in the State Budget to even set that up but that is something I think we really have to watch out for. If you hear anything, we have to make sure that everybody’s personal information is properly protected.

Mr. Russell: That would include the social security number I would imagine.

President Greenbaum: I don’t know for sure. I don’t know what it’s going to include.

Mr. Rattner: It’s just a scary thought.

President Greenbaum: Is that it Steve?

Mr. Rattner: Yes.

President Greenbaum: Anything Mr. Dorsey?

Mr. Dorsey: No.

President Greenbaum: I just want to congratulate the Administration on giving us a budget this evening that we actually introduced by way of resolution on the Consent Resolutions Agenda. While it’s unfortunate that there is an increase at all, I believe that being conservative in our judiciary obligation required us to actually, to do what we did. It was a great effort on behalf of both the Council, the Budget Finance Committee and the Administration to get the projected increase down to three and a half percent which is certainly a reasonable number, better than when we started and certainly better than in past years. Bill, did you have something?

Mr. Sohl: Yes, actually you just took the words out of my mouth. This whole budget process was a team effort from the point where…the input from the employees and the department heads to the CFO’s organization, the messaging of it, the listening to the Mayor’s direction. Ultimately coming to Council and working with Council to make adjustments as necessary. I think the entire process was probably one of the smoothest and well oiled efforts. Again, a lot of cooperation and a lot of team effort.

President Greenbaum: I will get to you in a second… you already had your turn. A special thank you to Sherry Jenkins for her hard effort in bringing the budget to fruition. I know that it would have been a much different process without her involvement, if not impossible.

Mr. Rattner: I think the one real big difference this year because we have had all the same players, all have done it. I have been here twenty years doing this stuff. The one big change, and it was a really was a big change and that’s the Mayor. The Mayor basically this time and it is the first time since I have been here, has basically laid down very plain instructions, told them the direction you are heading in and what he wanted instead of the Mayor following the budget and hoping that the Council would fix it and take the blame or whatever. He took the bull by the horns, said this is the budget I want to present and that’s the budget he presented to us. It’s not perfect, obviously we all had different things in it but it was a good solid budget. We got a quick consensus and I think that was really the difference that has happened and it’s the first time I have seen that in twenty years.

Mayor Scapicchio: Thank you, Steve.

President Greenbaum: Okay. Hope you’re not to sore tomorrow Dave, after that.

Mayor Scapicchio: I am not sore.

President Greenbaum: Ray, do you want to move us into executive session?

Mr. Perkins: According to Sections 7&8 of the Open Public Meeting Act I make a motion that we move into Executive Session for discussion of ARD.

Mrs. Labow: Second.

President Greenbaum: Moved and seconded, all in favor?

AYE

Executive Session – ARD

ADJOURNMENT

Motion was made and seconded, all in favor and none opposed, the meeting was adjourned at 9:01 pm.

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Robert J. Greenbaum, Council President

I, LISA M. LASHWAY, Township Clerk of the Township of Mount Olive do hereby certify that the foregoing Minutes is a true and correct copy of the Minutes approved at a legally convened meeting of the Mount Olive Township Council duly held on April 10, 2007


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Lisa M. Lashway, Township Clerk

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