TOWNSHIP COUNCIL PUBLIC MEETING MINUTES - March 1, 2011

 

The Public Meeting of the Mount Olive Township Council was called to Order at 7:38 pm by Council President Tobey: We will begin with the Open Public Meeting Announcement as the Pledge of Allegiance and the moment of reflection was earlier.

 

OPEN PUBLIC MEETINGS ACT ANNOUNCEMENT

According to the Open Public Meetings Act, adequate notice of this meeting has been given to the Daily Record. 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. Greenbaum, Mrs. Labow, Mr. Mania, Mr. Perkins, Mr. Walsh, Mr. Roman, Mr. Tobey

 

Absent: None

 

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

 

APPROVAL OF MINUTES OF PREVIOUS MEETINGS

 

President Tobey: We are up to the Approval of the Minutes of the Previous Meetings. Mr. Perkins, would you be so kind.

 

Mr. Perkins: Yes, Mr. President. I move for approval of:

 

February 15, 2011 WS (Mr. Roman & Mr. Mania absent)

 

President Tobey: I'll second that. Roll Call please.

 

Mr. Greenbaum: I left during the middle of the Workshop so I'm going to abstain.

 

ROLL CALL – Passed with the exception of Mr. Greenbaum and Mr. Roman who abstained.

 

CORRESPONDENCE

 

LETTERS FROM RESIDENTS/ORGANIZATIONS

 

  1. E-mail received February 17, 2010, from Helen Giles regarding Pneumonia Vaccine Information.

 

  1. E-mail received February 18, 2011, from McManimon & Scotland, LLC regarding their “New Look.”

 

  1. E-mail received February 18, 2011, from Courter Kobert & Cohen regarding E-Newsletter.

 

  1. E-mail received February 17, 2011, from Nisivoccia LLP regarding the 2% Tax Levy Cap.

 

RESOLUTIONS / ORDINANCES / CORRESPONDENCE FROM OTHER TOWNS

 

  1. Resolution received February 14, 2011, from the Borough of Hamburg regarding Resolution 2011-09 in regard to Route 23 study.

 

  1. Resolution received February 14, 2011, from the Borough of Stanhope regarding a Resolution Opposing Assembly Bill No. 2095 which Revises Requirements for Medical Service Delivery.
  1. Resolution received February 17, 2011, from Rockaway Township regarding a Resolution Opposing Assembly Bill No. 2095 which Revises Requirements for Medical Service Delivery.

 

  1. Ordinance received February 16, 2011, from the Borough of Stanhope regarding Land Use.

 

  1. Resolution received February 22, 2011, from the Public Schools of Mount Olive Township regarding a Resolution Requesting the Elimination of a Public Vote on School District Budgets that are within the Statutory Tax Levy Growth Limitation.

 

  1. Notice received February 22, 2011, from the Byram Township Planning Board regarding Public Hearing.

 

DOT / DEP / LOI / HIG HLANDS / EPA / DEPT. OF AGRICULTURE

 

  1. Letter received February 14, 2011, from the State of New Jersey, Department of Environmental Protection regarding BL 1001, Lot 22 (37 Karen Place).

 

  1. Letter received February 14, 2011, from Civil Engineering, Inc. regarding BL 5800 Lot 39 (61 Main Street – St. Elizabeth Ann Seton Parish).

 

  1. Letter received February 16, 2011, from the State of New Jersey, Department of Environmental Protection regarding BL 7000, Lot 80 (79 River Road).

 

  1. Letter received February 17, 2011, from the State of New Jersey, Department of Environmental Protection regarding BL 1201, Lot 7 (77 Crease Road).

 

  1. Letter received February 18, 2011, from the State of New Jersey, Highlands Water protection and Planning Council regarding Petition for Plan Conformance.

 

  1. Letter received February 22, 2011, from the State of New Jersey, Department of Environmental Protection regarding No Further Action Letter for Block 3512 and Lot 6.

 

  1. Subsurface Evaluator form received February 22, 2011, from Kleinfelder regarding the Exxon Facility at 114 Route 206, Flanders.

 

  1. Copy of Access Application and Plan received February 22, 2011, from Simoff Engineering Associates regarding Mount Olive Mews, BL 4100 Lots 80, 83, and 84. (Route 46).

  1. Letter received February 24, 2011, from the State of New Jersey, Department of Environmental Protection regarding Water Lowering Permit.

 

  1. Letter received February 25, 2011, from the Porzio, Bromberg & Newman P.C., regarding Highlands Applicability Determination for Oakwood Village – Tenant Fitness Center BL 4600, Lot 11 (185 Route 206).

 

LEAGUE OF MUNICIPALITIES

 

  1. E-mail received February 14, 2011, from the New Jersey State League of Municipalities regarding the 3 rd Annual Women in Municipal Government Day.

 

  1. E-mail received February 14, 2011, from the New Jersey State League of Municipalities regarding Updated League Publication.

 

  1. E-mail received February 14, 2011, from the New Jersey State League of Municipalities regarding Three Upcoming Seminars.

 

  1. E-mail received February 15, 2011, from the New Jersey State League of Municipalities regarding Ethics & Conflicts of Interest Seminar.
  1. E-mail received February 15, 2011, from the New Jersey State League of Municipalities regarding Attention Mayors who applied for Energy Efficiency & Conservation Block Grant Funding.

 

  1. E-mail received February 16, 2011, from the New Jersey State League of Municipalities regarding NJ Future Redevelopment Forum, Two Grant Programs Announced and Reminder of Upcoming Seminar.

 

  1. E-mail received February 16, 2011, from the New Jersey State League of Municipalities regarding Federal Update for Period Ending February 11, 2011.

 

  1. E-mail received February 16, 2011, from the New Jersey State League of Municipalities regarding A-3766 and S-2664.

 

  1. E-mail received February 17, 2011, from the New Jersey State League of Municipalities regarding Public Assistance Briefing for Municipalities Impacted by Snow.
  2. E-mail received February 17, 2011, from the New Jersey State League of Municipalities regarding Executive leadership Training for Mayor's & Council Presidents.

 

  1. E-mail received February 17, 2011, from the New Jersey State League of Municipalities regarding 2 nd Date Added – Interest Arbitration Reform Seminar.

 

  1. E-mail received February 17, 2011, from the New Jersey State League of Municipalities regarding Save the Date: Local law Enforcement Strategies.

 

  1. E-mail received February 17, 2011, from the New Jersey State League of Municipalities regarding A-3766 and S-2664 Market Competition & Consumer Choice Act Passes Assembly.

 

  1. E-mail received February 22, 2011, from the New Jersey State League of Municipalities regarding Feb 17 Voting Sessions.

 

  1. E-mail received February 22, 2011, from the New Jersey State League of Municipalities regarding 2012 Budget.

 

  1. E-mail received February 23, 2011, from the New Jersey State League of Municipalities regarding Four Upcoming League Seminars.

 

  1. E-mail received February 23, 2011, from the New Jersey State League of Municipalities regarding League Management Reforms & Orange City attract national Coverage and Mayoral Invitation to Intercultural Trip to Turkey.

 

  1. E-mail received February 24, 2011, from the New Jersey State League of Municipalities regarding Property Tax Relief Funding Certifications & Other Budget Info Posted.

 

  1. E-mail received February 24, 2011, from the New Jersey State League of Municipalities regarding Collaborating on Real Solutions to the 2% Cap.

 

  1. E-mail received February 24, 2011, from the New Jersey State League of Municipalities regarding Sustainable Jersey Renewable Energy & Energy Efficiency Procurement Workshop.

 

  1. E-mail received February 24, 2011, from the New Jersey State League of Municipalities regarding A-3766 and S-2664 market Competition & Consumer Choice Act poised for vote in Senate.

 

  1. E-mail received February 24, 2011, from the New Jersey State League of Municipalities regarding FY 2012 State Budget: Proposed Termination of UEZ Program.

 

DCA

 

  1. E-mail received February 16, 2011, from the Department of Community Affairs regarding CY 2011 and SFY 2012 Transitional Aid Application Process.

 

  1. E-mail received February 22, 2011, from the Department of Community Affairs regarding NJLM 3 rd Annual Women in Municipal Government Day.

 

  1. E-mail received February 24, 2011, from the Department of Community Affairs regarding Women's History Month.

 

  1. Local Finance Notice received February 24, 2011, from the Department of Community Affairs regarding CY 2011 State Aid Certification.

 

MORRIS COUNTY

 

  1. E-mail received February 16, 2011, from the Morris County Economic Development Corporation regarding the 8 th Annual Morris County Municipal Summit.

 

  1. E-mail received February 18, 2011, from the Morris County Prosecutors office regarding a REMINDER for Black History Month Invite.

 

  1. Minutes received February 22, 2011, from the Morris County Planning Board regarding the January 20, 2011 meeting.

UTILITIES

 

  1. Notice received February 14, 2011, from Elizabeth Gas regarding Public Hearings.

 

  1. Letter received February 22, 2011, from Jersey Central Power and Light regarding the Long Term Capacity Agreement Pilot Program.

 

  1. Fax received February 23, 2011, from Comcast regarding New Customer Service Center Hours.

 

President Tobey: We're up to Correspondence. We have 52 pieces. Any discussion on anything? Seeing none, moving on to Ordinances for Public Hearing.

 

ORDINANCES FOR PUBLIC HEAR ING

 

Mr. Walsh: Council President?

 

President Tobey: Yes, Mr. Walsh?

 

Mr. Walsh: I would like to table Ordinance #2 for now entitled:

 

Ord. #2-2011 Ordinance of the Township of Mount Olive, Morris County, New Jersey, Amending Chapter 139, “Games of Chance” of the Code of the Township of Mount Olive, Designating the Township Clerk as the Issuing Authority. TABLED

 

Mr. Dorsey: Is there a second?

 

Mr. Perkins: Second.

 

Mr. Dorsey: Roll Call.

 

Mrs. Lashway: Mr. Greenbaum?

 

Mr. Greenbaum: Yes

 

Mrs. Lashway: Mrs. Labow?

 

Mrs. Labow: Which ordinance are you tabling?

 

Mrs. Lashway: Number two.

 

Mrs. Labow: Why are you tabling that?

 

Mr. Walsh: There's been some questions brought up about this ordinance that a couple of Councilman asked that they have a little bit more time to consider.

 

Mrs. Labow: What kind of problems?

 

Mrs. Lashway: Could I address any questions because this ordinance takes the responsibility and puts the responsibility in my lap so if there is a problem, why not address it and I'll tell you...answer whatever questions you have. If it has to do with today's investigation, that investigation is not of me, okay? Because the two investigators came in to my office today and I asked them if I was under investigation and I was told, no, the Mount Olive Parents Club, High School Parents Club, is under investigation, not me.

 

Mayor Scapicchio: I was invited to that meeting and I can say that what Lisa says is absolutely true.

 

Mr. Walsh: Okay.

 

Mayor Scapicchio: It's the Parents Association and it is the registration numbers and the lack of records and they are actually looking at Colleen and her role…

 

Mrs. Labow: Why would they be looking at me?

 

Mayor Scapicchio: You would have to ask them. I was told… I was in a meeting today with two investigators from the Games of Chance. They can't find any financial records for the licenses and registrations that you took out.

 

Mrs. Labow: That was all handed in so…

 

Mr. Greenbaum: Who else was present at that meeting?

 

Mr. Perkins: I was at the meeting, Mr. Sohl was at the meeting, two residents were at the meeting as well as the two people from the State Games of Chance.

 

Mayor Scapicchio: Actually the investigator asked for this to be, asked Ray to have this thing tabled.

 

Mr. Perkins: The investigator feels that it would be in our best interest to table this. He's offered to come back up to the Township. He wants to meet with the Clerk; he wants to meet with the Parents Association and other people from the Games of Chance…

 

Mrs. Lashway: That is not the discussion he had with me today but whatever he told you is fine.

 

Mr. Perkins: Are you going to let me finish?

 

Mrs. Lashway: Go ahead.

 

Mr. Perkins: Thank you and he said he wants to come up, he's willing to come up. He wants to meet, as a matter of fact, with the folks. He wants to discuss the proper procedure. There appeared to have been some inaccuracies in the way that the things were handled particularly with about six or seven of the ones that he had and he recommended that at this point we table this. That's why we asked for it to be tabled.

 

President Tobey: Mr. Greenbaum?

 

Mr. Greenbaum: I voted yes to table because, first of all there is no urgency to pushing this forward and if a Councilmember, in a situation where there is no urgency to push it forward, has requested additional time and there's no urgency to push it forward, I think that we should heed to that request and put it off. I don't know that it has anything to do with this meeting that occurred today. I don't know how this meeting was set up, who invited the people to this particular meeting. I certainly was given no notice that this meeting was going to occur but having said that, there's no need to push it forward today as compared to putting it back on the Agenda for the 15 th so I don't…

 

Mrs. Lashway: Well now you have tabled it so you've killed it. So it will now have to be reintroduced all over again, so it's not…

 

Mr. Tobey: We are up to Miss Labow.

 

Mrs. Labow: Wait, I have a question. So we this, we have to do this, we have to spend money all over again or can we just ask to have it carried?

 

Mrs. Lashway: You can continue it.

 

Mr. Greenbaum: Yeah, that's what we need to do.

 

Mrs. Labow: Yeah because I mean, we don't want to spend money to reintroduce it again when this whole thing is a political bogus BS.

 

Mr. Perkins: Point of order, there is a motion on the table right now to table, not to carry.

 

Mr. Greenbaum: I am going to take back my vote since we haven't gone down the line.

 

President Tobey: One second please. Mr. Perkins, once again, your motion is to table, correct?

 

Mr. Perkins: I'm the second. Mr. Walsh is to table, mine is to second.

 

President Tobey: Okay. That's the Roll Call that we are taking right now.

 

Mr. Dorsey: That's right.

President Tobey: Now, one second please. Mr. Greenbaum, you're saying that you want to go back?

 

Mr. Dorsey: You can't do that.

 

Mr. Greenbaum: Why can't I do that? We hadn't, no one else had voted.

 

Mr. Dorsey: Take the Roll Call.

 

President Tobey: Miss Labow please. We are up to Miss Labow.

 

Mrs. Labow: I want to understand, if we vote to table, that means it kills it.

 

Mr. Dorsey: That's correct.

 

Mrs. Labow: It has to be reintroduced so if, so the answer is if we say that we don't vote to table it then we can make another motion to continue. Okay, so my vote is no.

 

Mrs. Lashway: Mr. Mania?

 

Mr. Mania: Yes.

 

Mrs. Lashway: Mr. Perkins?

 

Mr. Perkins: Yes

 

Mrs. Lashway: Mr. Walsh?

 

Mr. Walsh: Mr. Greenbaum, can I ask you a question?

 

Mr. Greenbaum: Yes.

 

Mr. Walsh: The continuing…can you explain that to me, that process?

 

Mr. Greenbaum: The appropriate motion to continue the matter without having to reintroduce is to, more a motion to continue to keep the Public Hearing open and schedule it for another date.

 

Mr. Dorsey: To reschedule the Public Hearing. A motion to continue is to reschedule the Public Hearing.

 

Mr. Greenbaum: That allows a vote to be taken on the ordinance at some date in the future without having to spend the money to reintroduce if that is what you want to do. Ultimately, if you want to kill it, you can kill it at the point in time where it comes up for reconsideration.

 

Mr. Walsh: How does the public know when it comes up to vote?

 

Mr. Greenbaum: It's listed in the Agenda.

 

Mr. Walsh: It will not be put in the paper again?

 

Mr. Dorsey: It will not be readvertised.

 

Mr. Walsh: I hear what you are saying on that but my vote is yes.

 

Mrs. Lashway: Mr. Roman?

 

Mr. Roman: No.

 

Mrs. Lashway: Mr. Tobey?

 

President Tobey: Yes. Okay, moving on to Ordinance #3-2011. I open the hearing to the Public on Ordinance #3-2011 entitled:

 

Ord. #3-2011 An Ordinance of the Township of Mount Olive Waiving Fees for Copies of Documents Under the Open Public Records Act, Specifically Chapter 102-1 Subsection E, and Section 102-5, Subsection B, of the Code of the Township of Mount Olive.

President Tobey: Mr. Perkins, would you be so kind?

 

Mr. Perkins: I move for adoption and final passage of Ordinance #3-2011.

 

President Tobey: I'll second that.

 

President Tobey: I t's been moved and seconded. Does anyone from the public wish to be heard, Yes sir?

 

Ned McDonnell, Budd Lake: No charge on any of the government documents. Is there any limit on that? I mean if somebody wants a huge amount of paperwork copied…

 

Mrs. Lashway: Currently, this ordinance, we will not be charging for paper copies. We will still be charging for the large maps and for the CD's but the paper copies, if someone asks for them by e-mail or by fax, I can't charge. The problem is when someone comes in with one piece of paper for five cents, the amount of labor involved for that five cents is not worth it.

 

Mr. Mc Donnell: Okay…

 

Mrs. Lashway: Somebody can come in and ask for 300 pages and ask for it by fax and I can't charge them.

 

Mr. McDonnell: Alright, actually I commend the Council on this. It's very seldom that the public sees a reduction in costs of doing business with the government and I'm happy to see that one little point that the citizens get a little bit of a break. Thank you very much.

 

President Tobey: You're welcome. Does anyone else from the public wish to be heard? Seeing none, Mr. Perkins would you kindly move…

 

Mr. Greenbaum: It's been moved and seconded.

 

President Tobey: Excuse me, Mr. Roman?

 

Mr. Roman: Lisa, what percentage of copies range in one to five pages, 98%? I'm assuming there's not a plethora of ….

 

Mrs. Lashway: Maybe about 90%.

 

Mr. Roman: Ninety percent and the rest of the 10%, is that in the 10 to 20 page of copies? Or are we looking at…

 

Mrs. Lashway: No, probably 50 to 100 but they are asked for by fax.

 

Mr. Roman: Oh, okay.

 

Mrs. Lashway: When somebody does an OPRA request, I encourage them to ask for it by fax or by e-mail because the five cents is labor… it doesn't work.

 

Mr. Roman: Now are we capable of faxing via computers, in other words when you put it up on the screen you can just immediately fax it without having to print it and then manually fax it?

 

Mrs. Lashway: Yes.

 

President Tobey: Any other Council discussion? Roll Call please.

 

ROLL CALL: Passed Unanimously (See page 11)

 

ORDINANCES FOR FIRST READING (2 nd reading – March 15, 2011)

 

President Tobey: Were up to Ordinances for First Reading, Second Reading on March 15, 2011. The Next item on the Agenda for First Reading is an Ordinance entitled:

 

Ord. #4-2011 An Ordinance of the Township Council of the Township of Mount Olive, County of Morris, State of New Jersey Amending and Supplementing Certain Portion of Chapter 196, Sewers and Water, Article VII, Water Rates and Service Fees Section 46 Metering and Service Fees Measuring Devices and 196 of the Revised General Ordinance.

 

President Tobey: Mr. Walsh, would you kindly move that?

 

Mr. Walsh: I move that Ordinance #4-2011 be introduced by title and passed on first reading and that a

meeting be held on March 15, 2011 at 7:00 p.m. at the Municipal Building, 204 Flanders-Drakestown Road,

Budd Lake, NJ for a public hearing, consideration of second reading and passage of said Ordinance and that the

Clerk be directed to publish, post and make available said Ordinance in accordance with the requirements of the

law.

 

Mr. Perkins: Second.

 

Mr. Mania: I'll second it.

 

President Tobey: It's been moved and seconded. Any Council discussion, Mr. Perkins?

 

Mr. Perkins: Yes, thank you Mr. President. I would like to thank Bill and the Administration as well as the Finance Department and the DPW. It took us just about one day I guess; maybe a day and a half and we went over, found the applicable sections, had them reviewed by Mr. Dominick DiYanni from Mr. Dorsey's office for completeness and now hopefully this will resolve some of those issues that they are having with the metering devices. Thank you Mr. President.

 

President Tobey: Thank you, any other Council comments? Seeing none, Roll Call please.

 

ROLL CALL – Passed Unanimously

 

President Tobey: The next item on the Agenda for first reading is Ordinance #5-2011 entitled:

 

Ord. 5-2011 Bond Ordinance Providing for the Resurfacing of Cloverhill Drive in and by the Township of Mount Olive, in the County of Morris, New Jersey, Appropriating $339,000 Therefor and Authorizing the Issuance of $99,000 Bonds or Notes of the Township to Finance Part of the Cost Thereof.

 

President Tobey: Mr. Roman?

 

Mr. Roman: I move that Ordinance #5-2011 be introduced by title and passed on first reading and that a

meeting be held on March 15, 2011 at 7:00 p.m. at the Municipal Building, 204 Flanders-Drakestown Road,

Budd Lake, NJ for a public hearing, consideration of second reading and passage of said Ordinance and that the

Clerk be directed to publish, post and make available said Ordinance in accordance with the requirements of the

law.

 

Mr. Mania: Second.

 

President Tobey: It's been moved and seconded. Any Council discussion? Seeing none, Roll Call please.

 

ROLL CALL: Passed Unanimously

 

President Tobey: The next item on the Agenda for first reading is Ordinance #6-2011 entitled:

 

Ord. #6-2011 Township of Mount Olive, Morris County, New Jersey Calendar Year 2011 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 Tobey: Mr. Greenbaum?

 

Mr. Greenbaum: I move that Ordinance #6-2011 be introduced by title and passed on first reading and that a

meeting be held on March 15, 2011 at 7:00 p.m. at the Municipal Building, 204 Flanders-Drakestown Road,

Budd Lake, NJ for a public hearing, consideration of second reading and passage of said Ordinance and that the

Clerk be directed to publish, post and make available said Ordinance in accordance with the requirements of the

law.

 

Mr. Perkins: Second.

 

President Tobey: Thank you, it's been moved and seconded. Any Council discussion, Mr. Walsh?

 

Mr. Walsh: Thank you Mr. President. I just would like to… I was going to bring this up earlier and I decided to wait until now. The Mayor's budget comes in with an increase of about one and a half percent?

 

Mayor Scapicchio: Yes.

 

Mr. Walsh: Okay and this ordinance is saying that… you know the Governor has asked us to keep everything under 2%, correct with some exceptions and this Ordinance is basically saying that between 1 ½ % and 3 ½ %, whatever that number is… you're asking us to bank that so this Ordinance is asking us to bank that for future use?

 

Mrs. Maniscalco: Pat, you're looking at two different CAPs. The levy CAP is the 2% and we are $616,000.00 below the levy CAP. This refers to the appropriation or the spending CAP. Okay, so they are actually two different things. By statute you can go up to 3 ½ % and so every year, even though we have not approached that for quite a while, we bank it in the event that for some reason we need it. It's just a matter of formality.

 

Mr. Walsh: So in other words, our budget comes in a 1 ½ % but somewhere in the future, that extra 2% can be spent by a different Council? It's only banked for two years?

 

Mrs. Maniscalco: Yes, it's banked for two years, exactly.

 

Mr. Walsh: Okay

 

Mrs. Maniscalco: Yes.

 

Mr. Walsh: I'm just having a problem with that… so I have a personal problem…

 

Mrs. Maniscalco: Like I said, we are well below the spending CAP so it's really not an issue but our auditor recommends we do this.

 

Mayor Scapicchio: Can I just add Pat, that… you know it's there in case of an emergency. You don't need to use it. It's up to the Governing Body whether they decide to use it so I hear you and I appreciate that but you don't have to spend it if you don't want to but it's available if it's needed.

 

Mrs. Maniscalco: Pat, in the eleven years that I have been here, we have never approached the appropriation CAP. We have never. We just haven't.

 

Mr. Greenbaum: We adopt this ordinance every year.

 

Mrs. Maniscalco: We adopt it every year because our auditor suggests that we do it. It's like I said, it's really a matter of formality. We have never approached the appropriation CAP.

 

Mr. Walsh: I hear what you are saying. I just… I hear what you're saying.

 

Mrs. Maniscalco: Okay.

 

President Tobey: Mr. Roman then Mrs. Labow.

 

Mr. Roman: Sherry answered my question. I am glad to hear that in all eleven years that she's been at the helm that that we've never had to utilize this instrument.

 

President Tobey: Mrs. Labow?

 

Mrs. Labow: I would just like… Sherry if you could clarify what's the process if Administration decided they did need to use those funds, what are the steps you need to take in order to take the funds out of there? Is it by resolution, is it by ordinance?

 

Mrs. Maniscalco: No, the CAP bank is there Colleen so there is no formal resolution that needs to be done to use it. It doesn't work that way.

 

Mrs. Labow: So Administration can just take the funds without coming to Council?

 

Mrs. Maniscalco: Well, keep in mind you have the ultimate approvals of the budget. You have the ultimate approval of the budget. The Mayor proposes his budget, you know, Faulkner Act Municipality. The Mayor proposes his budget and then you make whatever changes you make or keep it as it and you adopt it. Okay, so you have ultimate control.

 

Mr. Sohl: There's no actual dollars…

 

Mayor Scapicchio: It's not really money in a bank account someplace.

 

Mrs. Maniscalco: Well, not cash but it is there.

 

Mayor Scapicchio: Money that we are below what we are allowed to get to that you can carry forward and it's available to you but keep in mind if you want to use it, you have to raise taxes to use it.

 

Mr. Walsh: For people who are in Council whose term may be up in a year, if they vote yes on this, somebody… if they're not in office, that next person could end up spending it.

 

Mayor Scapicchio: That's true Pat.

 

Mrs. Labow: That's always the way it is.

 

Mrs. Maniscalco: Keep in mind you also still have the levy CAP in place as well so while you can spend a little bit more, you still can't raise taxes more than the 2% plus the exceptions so there's another safeguard there as well, okay.

 

Mr. Greenbaum: It's simply an auditing request. It's not something that we ever have approached or needed. It's like a safety net. Again, now there are all these additional safety nets that are put in place with regard to the 2% CAP that would limit it. Plus, you would have to adopt this wildly different budget that, you know… anybody who sits up here in a fiduciary obligation in light of where we stand right now in the State of New Jersey. Where we stand right now in Mount Olive Township, it just would never happen but the auditor has always request…

 

Mr. Dorsey: Unfortunately, all the arguments you make raise the question why you need it at all.

 

Mr. Greenbaum: I agree but you know what, I am not a financial specialist and the auditor who I do…

 

Mr. Dorsey: Well we know that. A great trial attorney. Not a financial…

 

Mr. Greenbaum: I'll take that as a compliment, thank you Mr. Dorsey.

 

Mr. Dorsey: You may. I mean, but all the arguments you make are not going to persuade, Pat for instance to vote for it because all the arguments you make, it's worthless.

 

Mrs. Labow: Yeah.

 

Mr. Walsh: You've gotten to know me pretty quick.

 

President Tobey: Roll Call please.

 

Mrs. Labow: I have a really quick question here. Pat brings up a good question. Why are we voting for this if we don't ever really need it? I mean what's…

 

President Tobey: Because it's there… go ahead Sherry.

 

Mrs. Labow: Just because.

 

Mrs. Maniscalco: It's like someone said, and I apologize, I don't know, I think it was Rob. It's a safeguard. You know, we pass it, it is a formality, it is the process that we follow and we have it there in the event that we need some small portion on some level. I mean, we can't predict the future. We don't have the crystal ball so…

 

Mr. Walsh: One final point. Sherry, you said that if somebody tried to use it in the future… at the current CAP of 2%, they still could not go over that 2 %?

Mr. Dorsey: They couldn't. They would have to work it into your budget.

 

Mrs. Maniscalco: Yes.

 

Mr. Dorsey: They would have to work it into…

 

Mr. Mania: Then we would have to vote on it.

 

Mr. Walsh: Let me finish, so if the legislature of New Jersey… that voted that said the CAP could be 4% or 5% now because this CAP is not in the constitution. It's was voted on by the legislature, it could go away next year. Not likely but I'm saying if the CAP were higher then you could.

 

Mrs. Maniscalco: Anything could change at any time.

 

Mr. Dorsey: The answer is “yes.” The CAP is raised statutorily and perhaps that would be your impetus to utilize what has been banked. That's what you want to say. I mean that's what you're trying to say.

 

Mr. Walsh: We both know now it can never be used.

 

President Tobey: Am I correct that the only way that it could be spent is for example, capital which falls outside of the…

 

Mrs. Maniscalco: No.

 

President Tobey: No?

 

Mrs. Maniscalco: No, it can be used on operating. There's no requirement that it be limited Phil.

 

Mr. Dorsey: You have to… that young man is raising his hand back there. You have to…

 

President Tobey: Okay, we're going to take a one minute break for the filming.

 

Mrs. Labow: Phil, I have a question.

 

President Tobey: Mrs. Labow.

 

Mrs. Labow: Okay Sherry, I'm going to add a little bit more to this discussion here with the budget now. At the last Council meeting, I believe you had said, just an arbitrary number. Say the CAP is 2%, say if we came in at 1%, we can bank 1%. Meaning next year we could actually go up to 3%? If we…

 

Mrs. Maniscalco: Right now if you adopt the Mayor's budget as proposed, we are $616,000.00 below the 2% levy CAP so what will happen is, that amount of money will be banked for next year so somebody could make the same argument with that as Pat is saying in terms of the appropriation CAP, okay. That's new this year. The levy CAP banking has not existed prior to 2011. You need to keep in mind, the levy CAP and the appropriation CAP, while they are separate, they are tied together. They're both limiting.

 

Mr. Walsh: I understand. I just want to say, I respect everybody's opinion and I do hear what you're saying. I do understand completely and sometimes I just don't agree with it.

 

President Tobey: Okay, Roll Call please.

 

ROLL CALL – Passed, Mrs. Labow and Mr. Walsh who voted no.

 

President Tobey: We're going to go back briefly to Ordinance #3-2011 because I don't believe we had that moved and I did not finish up on that so just as a formality, I'm going to ask Mr. Perkins to kindly move Ordinance #3-2001.

 

Mr. Perkins: I move for adoption and final passage of Ordinance #3-2011.

 

President Tobey: I'll second that. Roll Call please.

 

Mr. Greenbaum: How come I'm allowed to revote on this but I couldn't revote on the other one?

 

Mr. Dorsey: Because that's the way I ruled.

ROLL CALL - Passed Unanimously

President Tobey: Ordinance #3-2011 is 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. Thank you. Moving onto Consent Resolutions we have 12 listed this evening. Does anyone wish to have any moved to Non-Consent? Mr. Roman?

 

 

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 – C. Labow

 

  1. Resolution Authorizing a Temporary Capital Budget for the Resurfacing of Cloverhill Drive.
  1. Resolution of the Township Council of the Township of Mount Olive Authorizing the Omission from Tax Sale Certain Properties (Block 4117 Lot 33 & Block 3201 Lot 21).

 

  1. Resolution of the Township Council of the Township of Mount Olive Amending Temporary Budget for All Funds.

 

  1. Resolution of the Township Council of the Township of Mount Olive Opposing S-1312 and A-2143.

 

  1. Resolution of the Township Council of the Township of Mount Olive Authorizing Properties with Delinquent Balances of $10 or Less to be Excluded from Tax Sale.

 

  1. Resolution of the Township Council of the Township of Mount Olive Authorizing the Withholding from Tax Sale Special Assessment Installments Not Yet Due.

 

  1. Resolution of the Township Council of the Township of Mount Olive Memorializing an Agreement with Mount Olive Quasi-Entity Sports Associations to Fund Field Maintenance with Two Seasonal Employees to be Added to the Township's Buildings & Grounds Department.

 

  1. Resolution of the Township Council of the Township of Mount Olive Authorizing the Administration to Execute an Agreement for Installation and Maintenance of a Public Fire Hydrant in Proximity to the MCMUA Transfer Station on Goldmine Road, Mount Olive.

 

  1. Resolution to Introduce the 2011 Budget.

 

  1. Resolution to Introduce the 2011 Solid Waste Collection District Budget.

 

  1. Resolution RE: Self Examination of Budget.

 

  1. Resolution of the Township Council of the Township of Mount Olive Stating Council Intent to Fund Costs of Fence and Other Materials for a Lacrosse Field at Turkey Brook Park.

 

Mr. Roman: Number four and number seven.

 

Mrs. Lashway: Everybody has the amended agenda right? Where number four has been replaced? Number four, we removed the Pumping Services Resolution and the one on there now is opposing S-1312 and…

 

Mr. Walsh: So that's considered number four?

 

Mrs. Lashway: That's number four.

 

Mr. Walsh: Okay.

 

President Tobey: Mr. Roman, do you want to continue with that? Is that the one you want to move to Non Consent?

Mr. Roman: Yes.

 

President Tobey: Okay, so number four and number seven… any others? Okay Mrs. Labow would you kindly move Consent Resolutions excluding number four and number seven?

 

Mrs. Labow: Thank you, I'd like to move Consent Resolutions one through three, five and six, eight, nine, ten, eleven and twelve.

 

Mr. Roman: Second.

 

President Tobey: Thank you, it's been moved and seconded. Does anyone from the public wish to be heard on Consent Resolutions? Seeing none, any other Council discussion? Roll Call please.

 

Roll Call – Passed Unanimously

 

PUBLIC PORTION ON CONSENT RESOLUTIONS - None

 

COUNCIL COMMENTS ON CONSENT RESOLUTIONS – None

 

President Tobey: Mr. Roman would you please move Non-Consent Resolution number four?

 

Mr. Roman: I move for approval of Non-Consent resolution number four.

 

Mr. Mania: Second.

 

President Tobey: Moved and seconded. Mr. Roman?

 

COUNCIL COMMENTS ON INDIVIDUAL RESOLUTIONS

 

Mr. Roman: Yes, my reason for putting it on for Non-Consent is just to point out my opposition to this legislation… removing the ability of the taxpayers and voters from voting on school budgets if they fall below the 2% I think. It's one area where the voters get to have their say on how their tax money is being spent.

 

President Tobey: Thank you, Mr. Perkins?

 

Mr. Perkins: Thank you Mr. President. I have to agree with Councilman Roman for the organization of the Township government, semi quasi government to utilize the 60 some odd percent easily of our tax dollars. I think it's imperative that the voters have a chance to be able to vote on that budget regardless of whether it fall underneath the CAP or not. Thank you.

 

President Tobey: Mr. Walsh?

 

Mr. Walsh: One thing I wanted to say is thank you to Mr. Roman for taking this and setting this aside. Everyone up here knows this. I've brought this up two weeks ago and I'm the one who brought this forward and I think there is a 100 year tradition of the public being able to vote on the School Board budget and our School Board here in Mount Olive has voted to not allow the public to vote on the budget. Thank God it's not up to them to decide. They're saying that they support these two bills. I had a meeting with our local legislators, Senator Oroho, Alison McHose and Gary Chiusano. They are all opposed to these two bills and they said that they really don't have a very good chance of going through and many of us are glad. I just wanted to say that, thank you.

 

President Tobey: Any other Council Comments? Seeing none, does anyone from the public wish to be heard? Roll Call please.

 

ROLL CALL – Passed Unanimously

 

President Tobey: Mr. Roman, would you kindly move Non-Consent Resolution number seven.

 

Mr. Roman: I move for approval of Non-Consent Resolution number seven.

 

President Tobey: Thank you, I'll second that. Mr. Roman?

 

Mr. Roman: This is something that came out of various meetings with sports organizations about charging a $10.00 per person, per sport, per season fee, which one would be used for exclusively for the hiring of two part time workers to make sure that Turkey Brook and Flanders Park and the facilities that are utilized by these sports organizations are properly maintained. I applaud the Lacrosse, Football, and Soccer and forgive me if I forget any other sport that was involved in this, bringing this back to their membership and getting it approved. I just finished registering kids for baseball and I felt the fee but at least I was proud to know that it was going to good use.

 

President Tobey: If I may, I just also want to extend that to Jill, Tim Quinn and Jim Lynch who are a part of that and certainly it was a team or a group effort. Mayor?

 

Mayor Scapicchio: Part time seasonal employees.

 

Mr. Mania: Right.

 

President Tobey: Correct. Mrs. Labow?

 

Mrs. Labow: I have a question. How is this going to be expedited? These funds, is it going to be put into the recreation utility and the employees taken from there?

 

Mrs. Maniscalco: Yes, exactly.

 

Mrs. Labow: Thank you.

 

Mr. Roman: Also, if I could interject. Any funds that are collected that aren't used will be carried over and also with the intent of those some of those funds to be used also for supplies. Depending on how much is generated, that's something that the sports organizations are going to be able to see direct benefits from it and they will also have a say as to there… what it's being used for.

 

Mr. Walsh: I have one more question…

 

President Tobey: Go right ahead. No, go right ahead, please.

 

Mr. Walsh: Thank you sir. I just want to make sure I understand because… thank you Mr. Roman by the way for all your work on all the fields in town. These two seasonal part time employees will they… technically they will be paid through the Town, correct?

 

Mrs. Labow: Through the Recreation department.

 

Mrs. Maniscalco: Yes.

 

Mr. Walsh: Through the Recreation department and will they be entitled to pension, benefits…

 

Mr. Greenbaum: No.

 

President Tobey: No.

 

Mr. Walsh: Part time seasonal.

 

Mr. Perkins: Part time temporary seasonal.

 

Mr. Walsh: If we decided we can't pay for it… I mean, the people who are collecting fees aren't able to collect them, we are on the hook to pay this person?

 

President Tobey: The money is going to be collected. If I may, the money is being collected in increments and they are very successful in already passing those fees along. It's working out well.

 

Mr. Walsh: Thank you.

 

Mr. Roman: We had a commitment from every sports organization, that they have added that fee to the registration and clearly outlined and what I just noticed on the baseball website is… I mean, it's highlighted in red, what that fee is for and they provide an explanation for it. At least it's something where they are being up front and open with their members to know where that money is going.

 

President Tobey: Mr. Greenbaum, then Mrs. Labow.

 

Mr. Greenbaum: Even beyond bringing on these two seasonal employees, I have to commend the sporting organizations who have stepped up in terms of their obligation to maintain the fields which they use. Just today I met with one of the sporting organizations who is looking to do a significant improvement through their own funds to a Township field through Jim Lynch's department so the efforts of this Council to really try and maintain what we have with limited funds and trying to get the groups to help in that effort is moving forward at a great speed because we just started that process last year and already we have several of the larger sporting organizations using their own funds to start maintaining the fields. It's great and hopefully we can get better fields and not have to use general tax dollars to do it.

President Tobey: Mrs. Labow?

 

Mrs. Labow: I just have a question with the part time… seasonal employees. What's the cut off for pension? Is it $7,500.00?

 

Mr. Sohl: They have to be full time employees.

 

Mrs. Maniscalco: I believe if they are part time seasonal Colleen, they don't qualify. They are going to be new hires and I believe that the minimum you can work is 35 hours now, I think it is so…

 

Mrs. Labow: Okay, so we're keeping it under that so…

 

Mr. Sohl: Absolutely.

 

Mrs. Labow: To answer the question about…

 

Mrs. Maniscalco: Yes, yes, yes.

 

Mrs. Labow: Okay good and I also wanted to say what everyone else has said that it's great that the sporting organizations are coming together and helping out because certainly, everybody pitching in makes an impact overall. Thank you.

 

PUBLIC PORTION ON INDIVIDUAL RESOLUTIONS

 

President Tobey: Does anyone from the public wish to be heard, yes sir?

 

Ned McDonnell, Budd Lake: Will there be any costs at all to the Town for these two employees?

 

Mr. Roman: None whatsoever.

 

Mr. McDonnell: Who will directly supervise these employees?

 

Mr. Roman: Buildings and Grounds.

 

Mr. McDonnell: Are there any special agreements or concessions being given to the sports associations in return for this donation?

 

President Tobey: Nothing.

 

Mr. McDonnell: Okay, thank you.

 

President Tobey: Anyone else from the public?

 

Renee Gadelha, Budd Lake: What about people who come from other Towns to use the fields. Do they have this fee also imposed on the travel teams etc. or is it just residents?

 

Mr. Roman: Even if they register, because what happens now is, Chester residents are allowed to participate in our baseball program. They would be paying that fee. If another organization wants to rent the field, they would be charged their own fee for renting that field but that money goes back into the recreation so it's kind of implied that the money being charged will also go towards maintaining it.

 

Mrs. Gadelha: But there is no change to them this year in terms of, this is a change…

 

Mr. Roman: That special $10.00 fee will not be charged to them. In other words, if it's $250.00 to rent the baseball field, they're not going to be charged an additional $10.00 per person.

 

Mrs. Gadelha: Gotcha and then who oversees the funds that you had said that there is a profit per se and if there's additional monies they might buy supplies… who makes that determination?

 

Mayor Scapicchio: Well it's tracked through the recreation utility. The salaries are the salaries.

 

Mrs. Gadelha: Right.

 

Mr. Sohl: Our CFO…

 

Mrs. Maniscalco: We have a separate accounting system, Renee, by project so if you actually looked at our budget report or our revenue reports for the recreation utility there's you know, twenty, thirty, forty, fifty line items depending upon how many programs are run so we keep track of it separately.

 

Mrs. Gadelha: Okay.

 

Mr. Roman: We also have a sports association meeting where representatives from football, soccer, you know, lacrosse and baseball meet and trust me, they will be asking what's leftover and if it can be used for fertilizer or infield mix and as such.

 

President Tobey: Mr. Greenbaum?

 

Mr. Greenbaum: Renee actually raises a very interesting point in terms of the outside use of our fields and I'm not sure whether or not Green Acres restrictions would restrict us from charging a per player $10.00 fee for field maintenance on…

 

Mr. Dorsey: The answer to that is very simple. You cannot charge outsiders anything you don't charge residents.

 

Mr. Greenbaum: Well we do charge residents.

 

Mr. Dorsey: I understand that.

 

Mr. Greenbaum: Right.

 

Mr. Dorsey: So if you do that and the field is developed and purchased with Green Acres, as long as everybody's treated equally, I think that's the test under Green Acres.

 

Mr. Greenbaum: Okay, so it might behoove the people who are making the decision at the recreation level to take a look at whether or not this $10.00 fee for outside use of our fields can be passed along as well.

 

President Tobey: Mr. Roman, that is something at the next meeting, do you want to discuss that?

 

Mr. Roman: No problem.

 

President Tobey: Mr. Sohl?

 

Mr. Sohl: Just… one thing to keep in mind, relative to the $10.00 fee, the $10.00 fee to our sports organizations covers the entire season as opposed to a $250.00 fee that “xyz sports” may pay for a one day use. We'll look at it.

 

Mrs. Gadelha: Okay.

 

Mr. Sohl: I just want you to keep that in mind.

 

Mrs. Gadelha: Thank you.

 

President Tobey: Does anyone else from the public wish to be heard? Seeing none, Roll Call please.

 

ROLL CALL – Passed Unanimously

 

President Tobey: We're up to Motions and the Bill List. Mr. Walsh would you be so kind?

 

MOTIONS CONSENT

 

•  Bill List.

 

Mr. Walsh: I move the Bill List.

 

Mr. Roman: Second.

 

President Tobey: It's been moved and second. Does anyone from the public have any questions regarding the Bill List? Roll Call please.

 

ROLL CALL – Passed Unanimously

 

ADMINISTRATIVE REPORTS

 

President Tobey: Any Administrative Reports, Mayor or Mr. Sohl?

 

Mayor Scapicchio: Just two real quick. I met with the owners of the Sutton Plaza Shopping Center. They have several businesses that are interested in leasing the A&P. The A&P is going to be closed as of the end of April and there is still significant activity at the BASF building.

 

OLD BUSINESS - None

 

NEW BUSINESS

 

President Tobey: Any Old Business, New Business?

 

Mr. Walsh: I have something.

 

President Tobey: Mr. Walsh, please go right ahead.

 

Mr. Walsh: We're on TV and I just want to mention that we have a few candidates for Council here and they haven't registered yet but I believe Renee is going…are you planning on running for Council this year?

 

Mrs. Gadelha: Yes I am.

 

Mr. Walsh: Yes you are. Ed Tourek, are you planning on running for Council?

 

Mr. Tourek: Yes I am.

 

Mr. Walsh: Joe Nicastro is running for Council and of course Mr. Roman and Mrs. Labow. I just thought I would recognize the three potential candidates in the audience.

 

President Tobey: Thank you.

 

Mr. Walsh: I wish you the best of luck.

 

President Tobey: Mrs. Labow?

 

Mrs. Labow: Under New Business, I just want to take this opportunity to let everybody know that I just found out this evening that my son and his girlfriend are having a boy so I will be a grandmother come July and we are having a baby boy so I just wanted to make that announcement. If anybody saw me up here smiling, it was because I got the message.

 

President Tobey: Why did you wait until New Business instead of Old Business?

 

Mrs. Labow: That's new, it's brand new. Anyway, I just wanted to share that. It's really exciting and we're going to have a child in the family.

 

President Tobey: Thank you, congratulations.

 

Mrs. Labow: Thank you, thank you, and thank you.

 

LEGAL MATTERS

 

President Tobey: Any legal matters Mr. Dorsey?

 

Mr. Dorsey: Yes, I will. I think as most of you know, about three months ago the Township held a public auction here and sold what we refer to as “Charters Farm” which is a 57 acre tract. Mr. Perkoski who we… the Council has had various dealings with, he's rented land from the Township, purchased it at the public auction for $409,000.00. He put down his $40,000.00 deposit but he has not closed. He actually was supposed to close by the end of November. He has stopped… his attorney has stopped communicating with my office relative to the closing. We were even forced to give him a notice making time of the essence for closing. We don't know why he slowed down but we are in partners with the County of Morris in connection with this property so we've been forced to take the appropriate steps, either to force a closing or to have him default his deposit of I think $40,900.00. We have another piece of litigation. Some of you who have been here for a while will be amused that it involves the Dattolo family. It's a different lawsuit then we dealt with for four or five years ago but in May of last year it was discovered that they own a tract on Route 46 on which there are three residential structures but only one was ever picked up for purposes of connection fees and/or sewer user charges. We filed suit against them, against Dattolo to try and collect something in the neighborhood of $40,000.00 in outstanding sewer user fees that have accumulated over the last 10 years. It's very interesting because normally there is a two year statute of limitations or at most a six year statute of limitations but the State gives to municipalities a 10 year statute of limitations so there is a good deal of money at stake which we are seeking in this particular piece of litigation. In 2005 the Township sold a tax sale certificate on what we kindly refer to as the Racquet Chalet property. It was purchased by a professional tax lien firm called Royal Tax Liens and perhaps you will recall in 2008, the owner of the property apparently reflecting upon the restrictions imposed, not by the Township but by the Highlands legislation; sought to deed the property to the Township and the Council refused to accept it unless he resolved the outstanding tax liens that were on that property. He refused to do so and Royal Tax Lien has now sued the Township I think on a frivolous basis but claims that the Township knew all these things that we never knew until 2008 at the time our trusty tax collector sold the tax sale certificate. If you buy a tax sale certificate, you buy, we used to refer to it as a “pig and a poke.” You do not get any guarantees from the Township and therefore I think this litigation by Royal Tax Lien is really very frivolous but we are involved. We have also been involved in the last two or three years with Blue Bird Inn. The litigation in that instance deals with an intent to attack or avoid tax liens that were placed on the property, I believe originally for the Budd Lake Sanitary Sewer assessments. The plaintiff in the case has been represented up until last week by herself, which always make these pieces of litigation more complex and difficult but Judge Bozonelis…. about a month ago, Judge Wilson in Chancery transferred the case to Judge Bozonelis who's the Assignment Judge and he advised us last week that we are now in position to make a motion for summary judgment, hopefully to resolve it. As the matter seems to go on and somewhat of an endless fashion and we want to end it. These were just the items that I wanted to bring you up to date with. It does not require any action on the part of the Council at this time.

 

President Tobey: Thank you Mr. Dorsey, Mrs. Labow?

 

Mrs. Labow: I have a question John. For the Charter Farm, that as I understand was an auction. That went up for auction so what happens if the person who won the auction, he doesn't come through, we've got to start the …

 

Mr. Dorsey: He doesn't close… the note is time of the essence. If he doesn't close by I think the date is… I'm pretty sure, I think the date is March 15 th he will lose his rights that he presumably got when he won the auction. The Township and the County will keep the $40,000.00 and probably re auction the property.

 

Mrs. Labow: So we'd have to go through the process all over again? Renee and I sit on the Open Space Committee so…

 

Mr. Dorsey: That would be easy this time around because all the basic side, spade work has been done. I don't understand. When he doesn't communicate I can't tell you why he hasn't proceeded and he should.

Mrs. Labow: When does time of the essence expire on that?

 

Mr. Dorsey: I said, March 15 th .

 

Mrs. Labow: March 15 th , I'm sorry I missed that part. Okay, so March 15 th and we'll know after that, okay.

 

COUNCIL REPORTS

 

President Tobey: Thank you, moving on to Council Reports. Does anyone on Council have a report to offer, Mr. Roman?

 

Board of Education Liaison Report

 

Mr. Roman: I would like to congratulate Dr. Severns for receiving the Katherine Goerss Leadership Award and also the School Board introduced their budget. It came in at $81,154,069.00 of which the general tax levy going out the door is going to be $57,000,353.00 and some odd change. March 28 th there will be a school budget hearing at 6:30pm at the Middle School. This year's school election will be on Wednesday April 27 th from 2:00pm until 9:00pm. Also at Monday's Board of Education meeting Dr. Reynolds floated the idea of offering sort of a night school from 4:00pm until 9:00pm for those who need to get their GED. At approximately $9,000.00 a clip, this is just an idea that he's floating out there. He envisions eventually generating about $4.5 million in profit and that is all I have.

 

Mr. Dorsey: Now, just one other thing that I should mention. You all I think are familiar with the facility referred to as Paragon Village which we think as an Alzheimer's assisted living facility. Apparently, at least nine months ago they stopped paying taxes and our delightful Tax Collector, Rose pursued every avenue she could and we have been very fortunate to the extent that the New Jersey Mortgage Housing Finance Agency has continued to pay the 3 rd and 4 th quarters of 2010 as well as the 1 st quarter in 2011. Paragon Village has commenced a law suit which I think some suspect against the New Jersey Mortgage Finance. It seems to me it's a manifestation in terms of commercial properties of which you hear of so many residential homeowners attempting to get out of their mortgage obligations on one basis or the other. They commenced that action against New Jersey Mortgage Finance. They do it on the basis that they claim New Jersey Mortgage Finance said that they would have to pay “X” dollars per hour for psychiatric nurses that turned out to be “X” times two or three and therefore they have not been able to make the money they want. This property is a very interesting property in the sense that the Township entered into what is referred to as a “pilot tax agreement” with Paragon. Those agreements can only be entered into by municipalities in connection with very special pieces of property. In connection with this property, what it did was require the taxpayer, Paragon to pay not less than 6% of its revenues and they were supposed to submit to us certified accountings as to their revenues each year so we would know whether or not we were getting 6%. The Tax Collector told me about two months ago that they have never filed a certified accounting report as to their operations and on that basis I commenced an action in the Superior Court to require them to submit audited reports. It is a very strange situation. Now, secondly in discussing it with New Jersey Mortgage Finance, which we have done, we told them that we're very unhappy with the situation because this property originally had an estimated assessment on it by Jack Marchione, somewhere between $13 and $15 million. When you enter into these pilot agreements, you don't get tax liens until you take certain action. I said to New Jersey Mortgage Finance that I'm not very happy and they should not be very happy that they have this very valuable piece of property. It's clear that Paragon Village is not making their payments to New Jersey Mortgage Finance and New Jersey Mortgage Finance, certainly to their credit as far as we're concerned are advancing these back payments. I have suggested to them that if they want to do it with me or if they want to do it themselves or if they wish the Township to join in, we will join in to have a receiver appointed for that property so that we at least know what monies are being received and how those monies are being expended. For two reasons, number one, first and foremost Rose wants a 99% tax collection rate and we want to accommodate her but the other thing is when properties get… when owners and properties get into this kind of situation, one really has to be concerned or they'll simply let the property go downhill and there's too much there. I mean this property, that at one point in time was worth $13 or $15 million and Paragon said all the right things to New Jersey Mortgage Finance and to this Mayor and Council to get the very good pilot agreement and they told me that they were meeting with Paragon Village sometime this week or next week, and I wanted to be there and they said “no” we couldn't let you come down and disrupt everything but they promised me they would get back to me because I put them on notice that that we consider this to be a serious situation and we certainly are gravely concerned as to what could happen to this property as well as the nonpayment of the taxes.

 

President Tobey: Thank you Mr. Dorsey.

 

Mr. Roman: Phil I forgot one important thing on my Board of Education report. The State released their figures and Mount Olive Township saw a 5.75% increase. The Board of Ed will be receiving $13,582,625.00 which is about a $737,000.00 increase.

 

President Tobey: Thank you. Any other Council Reports? Mr. Walsh?

 

Legislative Committee Report

Economic Development Committee Report

 

Mr. Walsh: Yes, the Legislative Committee… I met with, as I mentioned earlier, the legislative leaders for our district. They brought up the fact that the Governor, in his budget has increased State Aid by 1% of every school budget. The good thing about that is it gives an equal amount to the suburbs as it does to all the urban districts as far as percentage. In the past we had fought very hard because they often give everything to the cities and very little to the suburbs. As far as the Economic Development Committee, there are serious people looking at the BASF site so we're hoping something good happens there. We have heard that the A&P in Town, in Flanders is going to close in the very near future but there are people looking at that building also.

 

Recreation Liaison Report – None

Board of Health Report – None

Planning Board Report – None

Open Space Committee Report – None

Pride Committee Report – None

Lake/Environment Issues Committee – None

Safety Committee Liaison – None

Library Board Liaison – None

Senior Citizen Liaison – None

Community Development Revenue Sharing – None

 

PUBLIC PORTION - None

 

President Tobey: Thank you Mr. Walsh. Any other Council Reports? Okay, seeing none we're up to the second Public Portion. Does anyone from the public wish to be heard? Seeing none, any closing Council Comments, Mr. Perkins?

 

COUNCIL COMMENTS

 

Mr. Perkins: Thank you Mr. President. Just to make everyone aware on Saturday, I had the honor of representing out 24 th Legislative District as well as two other members of the legislature to wish Paragon Village ironically enough… Mr. William Purcell who resides there and he is 104 years old as of Saturday so… his wife is 90 some odd years old and there still going strong so I gave the congratulatorys from our Council as well as from the Mayor and the Administration and it was a nice party. The gentleman really enjoyed it.

 

President Tobey: Thank you Mr. Perkins. At this time I'll accept a motion to adjourn.

 

Mr. Mania: So moved.

 

Mr. Walsh: I just want to recognize Harrison Richland, the gentleman behind the camera and you're not going to be able to see him on TV but he did win a $5,000.00 grant for his good work and all that money is going to the TV station at the High School. I just wanted to recognize Harrison for all the good work.

 

President Tobey: I'll accept a motion to adjourn.

 

Mrs. Labow: So moved.

 

Mr. Perkins: Second.

 

ADJOURNMENT

 

Motion was made and seconded, all in favor and none opposed, the meeting was adjourned at 8:34pm.

 

 

 

 

_________________________________

Phil Tobey, 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 15, 2011.

 

 

_________________________________

Lisa Lashway, Township Clerk

mcm

 

 

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