Township Council Public Meeting Minutes - March 25, 2008

The Regular Public Meeting of the Mount Olive Township Council was called to Order at 10:16 pm by Council President Perkins with the Pledge of Allegiance.

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

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

ROLL CALL

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

Absent: none

Abstain: Mr. Greenbaum

Also Present: David Scapicchio, Mayor; Bill Sohl, Business Administrator;
Dominic DiYanni, Township Attorney; Lisa Lashway, Township Clerk

Questions on Bill List? – none

APPROVAL OF MINUTES OF PREVIOUS MEETINGS

President Perkins: That takes us to the approval of Minutes of previous meetings. Mr. Greenbaum, do you want to move those Minutes, please?

February 16, 2008 Budget Hearing
February 23, 2008 Budget Hearing
March 11, 2008 WS, PM & CS
Absent: Mr. Rattner

Mr. Greenbaum: I move them.

President Perkins: Thank you.

Mrs. Labow: Second.

President Perkins: Thank you. Roll Call, please.

Mrs. Lashway: Mr. Greenbaum?

Mr. Greenbaum: Here.

Mrs. Lashway: Yes, or no?

ROLL CALL – Mr. Perkins, Mr. Tobey, Mr. Tepper, Mrs. Labow and Mr. Roman voted unanimously on all of the Minutes with the exception Mr. Rattner abstained from the March 11th Minutes, and Mr. Greenbaum voted “here.”

CORRESPONDENCE

LETTERS FROM RESIDENTS/ORGANIZATIONS

1. Nomination form received March 10, 2008, from New Jersey Planning Officials, The Association of Planning Boards and Zoning Boards of Adjustment, regarding the 2008 Achievement in Planning Awards.

2. Invitation received March 11, 2008, from the Mount Olive Area Chamber of Commerce, regarding “Staying Young Your First 100 Years” with guest speaker Dr. Brenda L. Rooney.

3. Letter received March 19, 2008, from the Susan G. Komen Race for the Cure regarding the First Annual Susan G. Komen North Jersey Race for the Cure on Sunday May, 4, 2008.

4. Information received March 20, 2008, from Maraziti, Falcon and Healey regarding NJ Redevelopment 2008 Seminar.

5. Letter received March 20, 2008, from Judy Rampone regarding her support of sewers in Old Flanders.

RESOLUTIONS / ORDINANCES / CORRESPONDENCE OTHER TOWNS

6. Resolution received March 13, 2008, from the Borough of Point Pleasant Beach, Ocean County, regarding the right to levy local option taxes on the type of discretionary spending.

7. Resolution received March 13, 2008, from the Township of Chester regarding opposition to the abolishment of the New Jersey Department of Agriculture.

8. Resolution received March 19, 2008, from the Board of Chosen Freeholders declaring a date for final consideration of the Sunset Valley Golf Course, Bunkers, Irrigation Tees & Greens Improvements (Phase 2), and Flanders Valley Golf Course/Pinch Brook Golf Course Irrigation System Improvements.

9. Resolution received March 19, 2008, from the Board of Chosen Freeholders regarding their opposition to Governor Corzine’s proposed elimination of the Department of Agriculture.

DCA

10. E-mail received March 7, 2008, from the New Jersey Department of Community Affairs, regarding Fiscal Briefings: Corrected Internet Link.

DOT / DEP / LOI / HIGHLANDS

11. Letter received March 10, 2008, from the State of New Jersey Department of Environmental Protection, Division of Land Use Regulation, regarding an Approval of a Draft Conservation Restriction for Maroon Abraham, Block 3001 Lot 2 (8 Third Street).

12. Letter received March 13, 2008, from New Jersey Transit regarding the Supplemental Environmental Impact Statement (SDEIS) for the Access to the Region’s Core (ARC) project.

13. Letter received March 13, 2008, from the State of New Jersey Department of Environmental Protection, Bureau of Underground Storage Tanks, regarding Potable Well Water Analyses in vicinity of BP Service Station 611 site, Route 46 & Mt. Olive Road.

14. Letter received March 17, 2008, from the Community Homebuilders Association (CBA) regarding a resolution prepared by the CBA’s Highlands Committee for consideration by Mount Olive Township objecting to the Highlands Final Draft Regional Master Plan.

15. Letter received March 18, 2008, from Maser Consulting, P.A. regarding the Highlands Applicability Determination Application for Block 7000, Lot 47 (407 Drakestown Rd).

16. Letter received March 19, 2008, from State of New Jersey, Department of Environmental Protection regarding Grant RP05-081: Budd Lake Watershed Restoration & Protection Plan.

UTILITIES

17. Letter received March 12, 2008, from Comcast regarding the addition of the Special Events channel.

18. Letter received March 17, 2008, from Cozen & O’Connor regarding a petition of New Jersey American Water Co., Inc. for approval of increased tariff rates and charges for water and sewer service, increased depreciation rates and other tariff revisions.

MORRIS COUNTY

19. Letter received March 10, 2008, from the County of Morris, Department of Planning, Development, & Technology, Division of Planning, regarding comments on N.J.A.C. 5:94, Proposal No. PRD 2008-22 as published in the New Jersey Register, Volume 40, Number 2, 1/22/2008.

LEAGUE OF MUNICIPALITIES

20. Letter received March 10, 2008, from the New Jersey State League of Municipalities regarding an update on QPA, S-770.

21. Letter received March 11, 2008, from the New Jersey State League of Municipalities regarding COAH 3rd Round Regulations.

LETTERS FROM LEGISLATIVE REPRESENTATIVES

22. E-mail received March 7, 2008, from Representative Rodney P. Frelinghuysen regarding America more vulnerable, improving mental health insurance coverage, Frelinghuysen calls space program essential, supports New Jersey manufacturing, Frelinghuysen, New Jersey letter carriers discuss issues, around New Jersey – Town Hall meetings, and spread the 2-news.

23. E-mail received March 17, 2008, from Representative Rodney P. Frelinghuysen regarding Frelinghuysen opposes “largest tax increase in history,” FISA languishes, Frelinghuysen backs border security effort, Frelinghuysen brings Titanic explorer to New Jersey, and Spread the e-News.

President Perkins: That takes us to Correspondence of which we have 23 pieces of Correspondence. Does anyone want to address any piece of Correspondence on the Agenda? Seeing none, that moves us to Ordinances for public hearing.

ORDINANCES FOR PUBLIC HEARING

President Perkins: I open the hearing to the public on:

Ord. #11-2008 An Ordinance to Amend and Supplement the Provisions of the Township of Mount Olive’s Code Addressing Off Street Parking and Loading. (Public Hearing date is 3/25/08)

President Perkins: Anyone from the public wish to be heard on that ordinance? Seeing none, Mr. Tepper, would you move that please?

Mr. Tepper: Yes, Mr. President, I move for adoption and final passage of Ord. #11-2008.

Mrs. Labow: Second.

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

ROLL CALL – Passed Unanimously

President Perkins: I open the hearing to the public on Ord. #13-2008… Oh, I’m sorry, Ord. #11-2008 has passed on second reading, and I hereby direct the Clerk to forward a copy of same to the Mayor and publish a notice of adoption as required by law. I open the hearing to the public on Ord. #13-2008, entitled:

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

President Perkins: Anyone from the public wish to make a comment, or be heard on that ordinance? Seeing none, I close it to the public. Mr. Roman, can you move that, please?

Mr. Tepper: Excuse me, Mr. Council President?

President Perkins: Yes, Mr. Tepper?

Mr. Tepper: The Planning Board has reviewed this again and once again asked that in Section G it be amended to read, “There shall be included in any new or existing.” So, adding the words “or existing.” They don’t want it just to be new housing. They believe it should be applicable to all multifamily housing.

Mr. Sohl: Yes, and Administration too. Mr. Quinn has checked and we have no opposition to that. In fact, the model used is exactly that, a model. It doesn’t have to be in absolute lockstep.

Mrs. Lashway: Okay, I sent this to Mr. Dorsey to ask him if this was a substantial change and if it needed to Mrs. Lashway (Cont’d): be reintroduced or re-advertised, and he said the ordinance does not need to be changed. It includes, by reference, existing. He wrote us a letter and we never got it, but he specifically said to me tonight, and he also spoke to Mr. Russell about it, and he says it is already… So we’re not doing anything not in accord with what the Planning Board has recommended. It is already incorporated in there in Mr. Dorsey’s opinion.

Mr. Tepper: That is a difference of opinion from the Planning Board Attorney. So I just ask that it be readdressed or reassessed because it specifically states “new,” and by saying “new” they’re implying it excludes existing.

Mrs. Lashway: I think you should continue this to the next meeting when at least we can either get Mr. Dorsey’s letter, or when he’s here and he can address…

Mr. Greenbaum: I’m fine with that, but, I’m sorry…

President Perkins: No you’re not. Go ahead.

Mr. Greenbaum: To the extent that Mr. Dorsey believes that it is already included, the additional language which Mr. Tepper is requesting can simply be inserted because it’s not a substantial change.

Mr. Rattner: That’s what I was going to say and I’ll second that.

President Perkins: Exactly.

Mr. Tepper: That would be perfectly acceptable.

Mr. Greenbaum: But not withstanding that, we should get Mr. Dorsey to give his opinion on that so that unless Dominic is prepared to give us an opinion…

Mrs. Lashway: The one question is, is there a timeframe?

Mrs. Labow: Yes, April 1st.

Mrs. Lashway: April 1st, so we can’t continue it. We have to do whatever we do tonight.

Mr. Sohl: April 10th I think.

Mrs. Labow: Where’s Tim? Oh, Tim, for this ordinance is it April 1st or April 10th?

Mr. Tepper: April 10th.

Mrs. Labow: If you continue it.

Mr. Quinn: I’m sorry what…

Mrs. Labow: Ord. # 13-2008.

Mrs. Lashway: Recycling and multifamily.

Mrs. Labow: Can we table it?

Mr. Quinn: I believe we have until April 11th to get it back to the County.

Mrs. Lashway: We have another meeting April 8th.

Mr. Quinn: I think it’s a little late but we’re somewhat on track. We should be okay. I don’t think they’re going to come and shoot me if we don’t have it by the 11th.

Mr. Sohl: It’s in the process. I don’t see an issue with the County.

Mr. Quinn: As long as it’s on the Agenda and it’s going through Council then we should be okay.

Mr. Tepper: …wouldn’t you just amend it next time?

Mr. Greenbaum: No, let’s put it off.

Mr. Tobey: Lisa, you’re correct, now.

Mr. Greenbaum: I make a motion to extend the public hearing on this.

President Perkins: Do I have a second?

Mr. Rattner: And I second it.

President Perkins: All in favor?

AYE - Mr. Tobey was opposed

Mrs. Lashway: Extend the public hearing to April 8th.

Mr. Tobey: Lisa’s correct.

Mrs. Labow: So that should be okay, right, Tim?

Mr. Quinn: Yes, we’ll be fine. Yes, we’re in pretty good shape.

Mrs. Labow: Okay.

Mr. Tepper: Sorry, Alex.

Mr. Roman: Don’t worry.

Mr. Tepper: I took away your easy one.

Mr. Roman: My spot in the limelight.

President Perkins: I open the hearing to the public on:

Ord. #16-2008 An Ordinance of the Township of Mount Olive Authorizing the Sale of a Tract of Land Commonly Referred to as Charters Farm, Lot 1 Block 900 and Lots 3 and 4 Block 8300 on the Mount Olive Township Tax Assessment Map in Conjunction with the County of Morris as Well as the Conveyance of all Non-Agricultural Development Rights to the County of Morris and the Conveyance of a Twenty Foot Wide Trail Easement, a/k/a Patriots Path to the County of Morris for Park Purposes.

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

Mrs. Labow: Thank you, Mr. President, and before I move that I want to thank Mrs. Lashway for increasing the font on these papers because I couldn’t read the other ones. I’d like to say that I’d like to move for adoption and final passage of Ord. #16-2008.

Mr. Tobey: Second.

President Perkins: Hold on a second. Any Council discussions? Roll Call, please?

ROLL CALL – Passed Unanimously

President Perkins: I declare Ord. #16-2008 as passed on second reading, and I hereby direct the Clerk to forward a copy of same to the Mayor and publish a notice of adoption as required by law. A point of order has been brought before me from the Township Clerk on Ord. #13-2008. I’d like to get a Roll Call on carrying that to the next meeting. Lisa, would you Call the Roll, please?

ROLL CALL – Passed with the exception Mr. Tobey voted no.

President Perkins: I open the hearing to the public on Ord. #17-2008, An Ordinance of the Township Council of the Township of Mount Olive…

Mr. Sohl: I thought that was taken off.

Mr. Perkins: Excuse me?

Mr. DiYanni: It’s first reading.

Mr. Sohl: Oh, Gervic Street?

Mr. Tepper: It was carried.

Mr. Sohl: Oh, I’m on the wrong one. Sorry about that.

Mrs. Lashway: Ord. #17-2008, no, you’re right.

President Perkins: Yes, I’m on Ord. #17-2008.

Mr. Tepper: Keep going.

Mr. DiYanni: It’s been removed, no?

Mrs. Lashway: Well, you’re going to table it. You have to take a Roll for public hearing.

Mr. DiYanni: Continue. I’m sorry.

President Perkins: Thank you.

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

President Perkins: Anyone from the public? Seeing none, Mr. Rattner, would you move that, please?

Mr. Rattner: I move for adoption and final passage…

Mr. Tepper: Didn’t we just do that?

Mr. Sohl: I thought that…

Mr. Tepper: That was the one we just carried, wasn’t it?

Mrs. Labow: That was the one we just carried.

Mr. Greenbaum: We just carried that.

Mrs. Lashway: No, that was Ord. #13-2008. This is Ord. #17-2008 that we’re on now.

Mr. Sohl: Oh, Gervic St…

Mr. Tepper: Sorry.

Mr. Rattner: It got introduced and then we have to continue it.

Mrs. Lashway: No, we’re going to table this one.

Mr. Sohl: Oh, okay.

Mr. Tobey: I thought Ord. #17-2008 was being removed.

Mrs. Lashway: We’re going to defeat it or table it. This one’s…

President Perkins: It’s going to get tabled.

Mr. Greenbaum: It’s done?

Mrs. Lashway: Well, the property owner…

Mr. Greenbaum: Is it done, or is it being carried?

Mrs. Lashway: It’s going to be killed.

Mr. Greenbaum: So then move it and…

Mrs. Lashway: You have to have a public hearing…

Mr. Tepper: It’s done. Let’s vote it down.

Mr. Rattner: Okay, then we’ll vote no.

Mrs. Lashway: …and then we have to vote to either table it, or…

Mr. Tepper: But didn’t we just read it?

Mrs. Labow: No, she was doing Ord. #13-2008 because we didn’t carry Ord. #13-2008.

Mr. Rattner: We just did the public hearing on Ord. #17-2008.

Mr. Roman: We didn’t vote on Ord. #17-2008, yet.

Mrs. Lashway: No, we didn’t do a public hearing. Open up the hearing on Ord. #17-2008.

Mr. Tepper: How did we do this one and not do Ord. #13-2008?

Mr. Roman: We did a point of order…

President Perkins: Mr. Rattner, would you please move Ord. #17-2008?

Mr. Rattner: That means you’ve already done the public hearing. Okay, I’ll move it. I move for adoption and final passage of Ord. #17-2008.

Mrs. Labow: Second.

President Perkins: Council discussion? Now…

Mrs. Lashway: Now, we’re voting to defeat this. Mr. Greenbaum?

President Perkins: This is for defeat.

Mr. Greenbaum: No. It’s been moved, correct?

Mrs. Labow: Yes, and seconded.

Mr. Greenbaum: Then I vote yes.

Mr. Tepper: Yes.

Mr. Tobey: Yes is to defeat?

Mr. Roman: Yes on defeating.

Mr. Tepper: That’s a no.

Mrs. Lashway: No, you have to say…

Mr. Rattner: They want to give these people the property whether they want it or not.

Mrs. Labow: Now wait a minute…

Mr. Tepper: If you vote yes, you’re approving it and giving the, if you vote no you’re defeating it.

Mrs. Labow: The people who want it don’t want…

Mr. Roman: No, I’ll be in…

Mr. Tobey: …don’t want it.

President Perkins: Exactly.

Mrs. Labow: The people who wanted it don’t want to vacate it anymore.

Mr. Greenbaum: Vote no.

ROLL CALL – Defeated with Mr. Perkins, Mr. Tobey, Mr. Rattner, and Mrs. Labow, Mr. Roman voting no

Mr. Tepper: We tried to give something away and we can’t.

Mr. Roman: You two confused me. I didn’t know what I was supposed to do.

ORDINANCES FOR FIRST READING – (Public Hearing April 8, 2008)

President Perkins: That moves us on… It gets interesting doesn’t it?

Mrs. Labow: Those two are trouble makers. Stay away from them.

President Perkins: That moves us on to ordinances for first reading, with a public hearing for April 8th, 2008. The next item on the Agenda for first reading is entitled:

Ord.#19–2008 An Ordinance of the Township Council of the Township of Mount Olive Relating to the Issuance of a Demolition Permit (Amending and Supplementing Section 400-10C of the Code of the Township of Mount Olive).

President Perkins: Mr. Tobey?

Mr. Tobey: I move that Ord. #19-2008 be introduced by title and passed on first reading and that a meeting be held on April 8th, 2008 at 7:30 p.m. at the Municipal Building, 204 Flanders-Drakestown Road, Mount Olive, NJ for a public hearing consideration of said reading and passage of said ordinance and that the Clerk be directed to publish, post and make available such ordinance in accordance with the requirements of law.

Mr. Rattner: Second.

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

ROLL CALL - Passed Unanimously

President Perkins: The next item on the Agenda is entitled:

Ord.#20-2008 An Ordinance of the Township of Mount Olive Establishing Recreation Fees for Various Township Sponsored Recreational Activities.

President Perkins: Mr. Greenbaum?

Mr. Greenbaum: Thank you.

Mrs. Labow: You’re welcome.

Mr. Greenbaum: I move that Ord. #20-2008 be introduced by title and passed on first reading and that a meeting be held on April 8th, 2008 at 7:30 p.m. at the Municipal Building, 204 Flanders-Drakestown Road, Mount Olive, NJ for a public hearing consideration of said reading and passage of said ordinance and that the Clerk be directed to publish, post and make available such ordinance in accordance with the requirements of law.

Mr. Tepper: Second.

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

ROLL CALL – Passed Unanimously

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

Ord.#21-2008 An Ordinance of the Township of Mount Olive Establishing Salaries of Mayor, Council, Department Heads, Supervisory Personnel and Employees of the Township Clerk’s Office for the Year 2008.

President Perkins: Mr. Tepper?

Mr. Tepper: Are we going to do this per what was discussed in the Workshop, removing Section 5?

President Perkins: You’re going to have to introduce it and then we can discuss it.

Mr. Tepper: Okay, I move that Ord. #21-2008 be introduced by title and passed on first reading and that a meeting be held on April 8th, 2008 at 7:30 p.m. at the Municipal Building, 204 Flanders-Drakestown Road, Mount Olive, NJ for a public hearing consideration of said reading and passage of said ordinance and that the Clerk be directed to publish, post and make available such ordinance in accordance with the requirements of law.

Mrs. Labow: Second.

President Perkins: Thank you. Now, Council discussion.

Mrs. Lashway: Make a motion to amend.

Mr. Tepper: I will move that we…

President Perkins: Make a motion to amend.

Mr. Tepper: Motion to amend per discussion and Workshop to remove Section 5.

Mr. Rattner: Second.

President Perkins: Second. We need a Roll Call on that, please.

Mr. Greenbaum: This is on to amend?

President Perkins: Yes, to remove Section 5 from the ordinance.

ROLL CALL – Amendment passed with the exception Mr. Greenbaum, Mr. Tobey and Mr. Perkins voted no

Mrs. Lashway: Okay, the amendment passes. Roll Call on the ordinance as amended.

President Perkins: Without Section 5. This is on the base salary ordinance.

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

President Perkins: That takes us into Consent Resolutions Agenda…

Mr. Greenbaum: Ray, I’m sorry, on this issue I have another ordinance that I’d like to have considered for first reading.

President Perkins: For this meeting, or next?

Mr. Greenbaum: For this meeting.

Mrs. Labow: Without being advertised?

Mr. Greenbaum: Nothing’s been advertised at this point, so we can...

Mrs. Lashway: Nothing’s been advertised.

Mr. Greenbaum: And that’s why I’d like to have an ordinance considered indicating:


Ord.#22-2008 The Mayor and Township Council recommend a one time award of Administrative personnel based upon their responsibilities. These awards will not be added to the base salary but rather will be paid in one lump sum payment. The 2008 one time award shall be as follows:

Business Administrator $500
Director of Finance/CFO/Treasurer $500
Chief of Police $500
Director of Public Works $500
Township Clerk $500
Director of Health/Health Officer $500
Construction Code Official $400
Court Administrator $400
Planning Administrator $400
Tax Assessor $400
Fire Marshall $400
Recreation Supervisor $400
Supervisor of Parks, Buildings and Grounds $400
Tax Collector $400
Deputy Township Clerk $400
Asst. to the Township Clerk (hired 6/15/07) $150
Fire Inspector $300
Chief Sanitarian $300
Senior Citizen Director $300
LAN Administrator $300
Grant Coordinator $300

Mr. Greenbaum: This ordinance shall take effect in accordance with the law, and it shall be signed by Raymond T. Perkins, Council President and I move that it be given the next ordinance number which I assume is Ord. #22-2008. I move that Ord. #22-2008 be introduced by title and passed on first reading and that a meeting be held on April 8th, 2008 at 7:30 p.m. at the Municipal Building, 204 Flanders-Drakestown Road, Mount Olive, NJ for a public hearing consideration of said reading and passage of said ordinance and that the Clerk be directed to publish, post and make available such ordinance in accordance with the requirements of law.

Mr. Tobey: Second.

President Perkins: Council discussion?

Mr. Tepper: I’d like to understand from the Administration how they selected the amounts and differentiated between the different levels as to what would be awarded.

Mayor Scapicchio: Bill?

Mr. Sohl: It was in the document I handed you two weeks ago. It was broken down by three categories. Department Heads $500, those individuals that have direct reports, or in other words they fulfill a supervisory capacity, $400, and $300 for those few individuals who have no direct reports but are otherwise exempt.

Mr. Tepper: So it has nothing to do with performance assessment. You just made a decision that you want to give people a bonus.

Mr. Sohl: If you want to call it that.

Mr. Tepper: Well, I’d like to know what you’d call it then.

Mr. Sohl: It’s performance in a sense that everybody that’s being so treated has been satisfactory or above.

Mr. Tepper: Then why isn’t it included in salary?

Mr. Sohl: Because if you do that it bumps automatically on an ongoing basis.

Mayor Scapicchio: What we tried to do here, Russ, is that we tried to set a bar. Let’s back up a second. You know, let’s all understand that these employees have not had an evaluation done for as long as I can remember.

Mr. Tepper: I don’t disagree. We’ve raised this for the two years that I’ve been on Council that they should Mr. Tepper (Cont’d): have been done.

Mayor Scapicchio: There’s no doubt. Bill and I put a lot of thought into the evaluation. Bill did all of the evaluations, with the exception of his own, and the ones that…

Mr. Sohl: Well, the ones that don’t report directly.

Mayor Scapicchio: That’s correct. What we wanted to do is we wanted to set the bar, and the bar is the stipends, the $500, the $400, and the $300. Next year you might not see all of these same individuals get the same stipend. We’re starting from zero and we wanted to have a base to start from, and that’s what we did here, you know. You can agree. You can disagree. That’s our recommendation whether you accept it or not is up to you folks, you know. Really what, I mean, I’ll speak for myself. I mean, really what I’m asking these employees to do is to work a little harder and do a little bit more with less people, and I want to reward them for that. That’s my position.

Mrs. Labow: Ray?

President Perkins: Mrs. Labow.

Mrs. Labow: Mayor, I had a call from Megan from the Daily Record today and she had asked the same question. She said, actually my response to her actually was that we ask our employees to do a lot with less and less all the time, and that I felt it was appropriate to give, you know, this stipend or bonus, whatever you want to call it. Her question to me, and I really had no idea what to answer, she said, “It is it unusual to start a program and start it out with a bonus? Why wouldn’t you have the evaluations and then go forward from there?” But I do agree that the staff or employees have gone through a lot in the past four or five years. Every single time they have stepped up and filled in all the gaps and done a really great job on everything everywhere, every step of the way. Just to answer that question, I don’t know if she, she said, I don’t know if she spoke to you…

Mayor Scapicchio: She didn’t call me and I would have responded, but I’m not going to respond to a question from a reporter who is not here at a public meeting on something that I’m proposing. I mean if she wants to have that kind of input let her run for office.

Mrs. Labow: No, I’m just saying it was an interesting question.

Mayor Scapicchio: I don’t think, I don’t find it…

Mrs. Labow: I told her I had no, I felt it was appropriate.

Mayor Scapicchio: I don’t find it to be an interesting question quite frankly.

Mrs. Labow: I would disagree.

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

ROLL CALL – Passed with the exception Mr. Tepper, Mr. Perkins and Mr. Rattner voted no

Mr. Greenbaum: So it passed for first reading?

Mrs. Lashway: Yes.

President Perkins: It passed for first reading.

CONSENT RESOLUTIONS AGENDA:

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

CONSENT RESOLUTIONS

1. Resolution of the Township Council of the Township of Mount Olive Authorizing the Release of Cash Performance Bond and Surety Bond in Connection with Woodfield at Mount Olive, Section III C.
2. Resolution of the Township Council of the Township of Mount Olive Authorizing the Budd Lake First Aid & Rescue Squad to Sell Excess Equipment.

3. Resolution of the Township Council of the Township of Mount Olive Relative to the Mount Olive Memorial Day Parade on Monday, May 26, 2008.

4. Resolution of the Township Council of the Township of Mount Olive Celebrating the 30th Anniversary of the Mount Olive Child Care and Learning Center.

5. Resolution of the Township Council of the Township of Mount Olive Opposing the Abolishment of the New Jersey Department of Agriculture.

6. Resolution of the Township Council of the Township of Mount Olive Authorizing the Filing of a Grant Application to ANJEC and Committing Matching Funds.

7. Resolution of the Township Council of the Township of Mount Olive Amending the 2008 Temporary Budget for the Current Fund.
8. Resolution of the Township Council of the Township of Mount Olive Authorizing a Grant Application to the Morris County Historic Trust for 2008.

9. Resolution of the Township Council of the Township of Mount Olive Authorizing the Cancellation of a General Capital Ordinance Balance.

President Perkins: Does any Council member wish to have any of the Consent resolutions removed and put on Non Consent.

Mrs. Labow: Four and five.

President Perkins: Anyone else? Mr. Roman, would you move Consent resolutions 1, 2, 3 and 6 through 9, please?

Mr. Roman: I move Consent resolutions 1 through 3 and 6 through 9.

Mr. Tobey: Second.

President Perkins: Second, thank you. Roll Call, please.

Mrs. Lashway: You’re not going to open it up to the public?

PUBLIC PORTION ON CONSENT RESOLUTIONS

President Perkins: Oh, I’m sorry, anybody from the public wish to comment on any of the Consent resolutions? Mr. Russell.

Nelson Russell, Budd Lake: I don’t have an Agenda so I don’t know the number of this one but it’s the one opposing the abolishment of the Department of Agriculture.

Mrs. Labow: That one I removed.

Mr. Tepper: It’s on Non Consent.

Mr. Russell: That’s Non Consent? Okay, I’ll come back when that’s up.

President Perkins: Anyone else? Now what?

Mrs. Lashway: Council comments.

COUNCIL COMMENTS ON CONSENT RESOLUTIONS

President Perkins: Council comments on any of the Consent resolutions? None, Roll Call.

ROLL CALL – Passed Unanimously

RESOLUTIONS NON CONSENT

President Perkins: That moves us to Resolution #4. Who wanted that on?

Mrs. Lashway: Colleen.

President Perkins: Colleen, would you?

Mrs. Labow: Yes. I’d like to move Resolution #4 please.

4. Resolution of the Township Council of the Township of Mount Olive Celebrating the 30th Anniversary of the Mount Olive Child Care and Learning Center.

President Perkins: Do I have a second?

Mr. Roman: Second.

President Perkins: Any Comments from the public?

Mr. Russell: Is that the one on abolishment?

Mr. Greenbaum: No, we’ll tell you when it’s your turn.

President Perkins: Next one. Colleen?

Mrs. Labow: The reason I asked for it to be removed was because the Mount Olive Child Care Center, where it says “Whereas,” they want to have included in, “Whereas the MOCCLC has been recertified by NAEYC of which less than 10% nationwide qualify.” They want to have that added to that resolution so we can amend it.

Mrs. Lashway: Whereabouts do you want to put that?

Mrs. Labow: Anywhere, well, before the last paragraph obviously.

Mrs. Lashway: Okay.

Mrs. Labow: So, I’d like to make a motion to move it as amended.

Mr. Perkins: Do I have a second?

Mr. Roman: Second.

Mrs. Lashway: Wait a minute, doesn’t it…

Mrs. Labow: It was moved and seconded, but then I amended it.

Mrs. Lashway: Okay.

Mr. Rattner: I’d like to get a ruling from the Township Attorney. Everybody knows that I’m a Trustee of the Daycare Center, however, since it’s not financial and it’s just congratulations, am I able to vote, or should I recuse…?

Mr. DiYanni: Yes.

Mr. Rattner: Okay, it’s not a conflict?

Mr. DiYanni: No.

Mr. Rattner: Thank you.

Mr. Tepper: You can pat yourself on the back.

Mrs. Labow: Can I pat him harder?

Mr. Rattner: I don’t want to find it on the floor by the time I get home.

Mrs. Lashway: Okay, this is a Roll Call on the amendment.

ROLL CALL – Passed Unanimously

Mr. Perkins: That brings us to…

Mrs. Labow: No, we have to vote on the, do we have to vote on the resolution?

Mr. Tepper: We have to now vote on the amended resolution.

President Perkins: We just did.

Mrs. Labow: We voted on the amendment now we have to vote on the resolution.

Mr. DiYanni: I think you moved it as amended.

President Perkins: Moved it as amended.

Mrs. Labow: I moved it as amended, so, okay, because Lisa said we were voting on the amendment. We were actually voting on the amended…

President Perkins: No, voted on the amended resolution.

Mrs. Labow: It’s late. We’re tired.

President Perkins: That brings us to Resolution #5. Mrs. Labow?

5. Resolution of the Township Council of the Township of Mount Olive Opposing the Abolishment of the New Jersey Department of Agriculture.

Mrs. Labow: Yes, I’d like to move Resolution #5.

President Perkins: Do I have a second?

Mr. Tepper: Second.

President Perkins: Thank you. From the public?

PUBLIC PORTION ON INDIVIDUAL RESOLUTIONS

Nelson Russell, Budd Lake: On the subject amendment, this second whereas clause is interesting but not particularly germane.

Mrs. Lashway: My fault.

President Perkins: Chester?

Mr. Tepper: Actually that would be Mount Olive Township.

Mrs. Lashway: I will amend it.

Mr. Perkins: Well Chester’s been pretty proactive.

Mrs. Lashway: I just retyped it from Chester’s resolution.

Mr. Russell: Thank you.

Mr. Tepper: It should be Mount Olive.

President Perkins: Anyone else from the public? Seeing none, anyone from the Council? Mr. Tepper.

COUNCIL COMMENTS ON INDIVIDUAL RESOLUTIONS

Mr. Tepper: I’ve been approached by the Ashley’s asking that we recommend said resolution. They feel that any of the farmers that would have to now deal with the DEP rather than with the Department of Agriculture that the DEP is difficult enough to deal with now with the Highlands, become more ensconced with additional work that they would not be responsive at all. So they have asked that we not only support it but encourage
Mr. Tepper (Cont’d): other Towns to do so as well.

Mrs. Labow: That was what I had asked.

President Perkins: Mr. Greenbaum?

Mr. Greenbaum: I would make a motion to amend this to instead of opposing the abolishment of the Department of Agriculture, that we send a resolution in favor of abolishing the government of the State of New Jersey.

Mrs. Labow: Second, so moved.

Mr. Greenbaum: That was said tongue-in-cheek by the way.

President Perkins: Yes, thank you.

Mr. Tepper: The State Police will be at your house tomorrow.

President Perkins: Alright, Roll Call, Mrs. Lashway.

Mrs. Lashway: This is the Roll Call on the resolution not amended, Mr. Greenbaum?

Mrs. Labow: No, amended for the Chester, though.

Mrs. Lashway: That’s a typo.

Mr. Greenbaum: I am going to vote no on this because I don’t like these types of resolutions, number one. Number two, as I said tongue-in-cheek, the smaller that government gets the better it is for all of us.

Mr. Tepper: So we should eliminate the DEP and it would be a lot more people.

Mr. Greenbaum: I agree.

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

Mr. Rattner: Mr. President?

President Perkins: Yes, Mr. Rattner.

Mr. Rattner: Before we go on there to the remainder of our Agenda we got a memo, I guess forwarded to us by the Clerk, from the Administration stating that an emergent situation came up where we’re not going to be able to use Turkey Brook to provide water for the Goldmine residents, the Goldmine water supply, and that they have to immediately order the water tanker that they use for pressure, and there’s no money in the budget. Do we have to pass something tonight so that they have the ability to go out and get the…

Mr. Tepper: What happened? Why aren’t we allowed to connect?

Mrs. Labow: What happened?

Mr. Quinn: The tanker’s not needed immediately. This will be once we get into the, closer to the summer season.

Mr. Rattner: You don’t have to order it right away?

Mr. Sohl: No.

Mr. Rattner: Okay, I just wanted to make sure because it sounded like you said that you had to order it and I thought, you know…

Mr. Quinn: Yes, we got tied up with the permitting issues. Highlands is a big part of this.

Mr. Rattner: No, I understand that part. I just want to make sure the people up there had water.

Mr. Quinn: Yes, everything is operating fine up there at this time. We’re concerned when we get into the drier summer seasons where the water usage spikes, you know that.

Mr. Rattner: I told the Mayor I was going to bring it up just to make sure that it didn’t need a resolution. I consider it to be an emergent situation that we would address right away if we had to.

Mr. Quinn: We’re in good shape right now. We want to just have everything in order come summertime.

Mr. Rattner: Okay, thank you.

MOTIONS

President Perkins: Any comments or questions? That moves us to the Bill List. Any questions on the Bill List? Mr. Russell. Didn’t you go online?

Mr. Russell: I didn’t.

President Perkins: Oh, okay.

Mr. Tepper: It’s alright.

Mrs. Labow: Do you want mine, Nelson?

Mr. Roman: Mr. President, I have a question.

President Perkins: Yes.

Mr. Roman: Page 12, Penske Truck Leasing non contract repairs, $9,438.16. What were they exactly for?

Mr. Quinn: I would have to go through all of the billings to give you exactly what that whole charge is for. What I’m assuming at this time, and I’ll confirm this for you, is the majority of that is through the Road department snow removal equipment. I don’t have the bills in front of me so I’m just guessing that was the highest in February because of snowplow blade repairs, the sanders, and the plows. So we did have a lot of out of contract…

Mr. Roman: So we haven’t had like an engine replacement or a transmission replacement?

Mr. Quinn: Not in February. You will see an engine replacement probably coming up in next month’s, in one of the Road department’s pickup trucks.

Mr. Roman: Yes, if you could, I’d like to see what all that was about because, yes, I see some other charges, but this one stuck out like a sore thumb.

Mr. Quinn: Is that a single charge that you’re looking at, or is that the total for the department?

Mr. Roman: One single payment for $9,438.16.

Mr. Quinn: I think that’s several added together because I think Roads alone was $7,300 and then there were a couple smaller departments that get billed out of the same, I think its category, that were added to that to give you the $9,000, but for February there were a lot of plow blade repairs, and repairs to sanders. So that was the majority of that, not necessarily truck repairs, and there was overtime for mechanics, overtime for snow situations.

Mr. Roman: Okay.

1. Bill List

President Perkins: Anyone else have any questions on the Bill List? Seeing none, Mrs. Labow, would you move the Bill List, please?

Mrs. Labow: I’m so tired. I move the Bill List, please.

Mr. Rattner: Second.

President Perkins: Roll Call.

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

ADMINISTRATIVE MATTERS

Mayor Scapicchio: Two matters, Ray, I don’t know if anybody noticed but the fire damaged house on Route 206 has been demolished. Also I want to just acknowledge that Mr. Dorsey has done an excellent job with the Budd Lake Sewer assessment EDUs. I think he’s settled all but one and that’s put a lot of money back into the Budd Lake Sewer Utility.

President Perkins: Wasn’t that about $60,000, Mayor?

Mayor Scapicchio: I’m sorry.

President Perkins: Wasn’t that about $60,000?

Mr. Tepper: More than that.

Mr. Rattner: That was only one.

President Perkins: That was for the…

Mrs. Labow: There’s more than that.

Mr. Rattner: We got another one.

Mayor Scapicchio: That was only one. There’s been a few, I mean, there was like seven and I think he settled six out of the seven.

President Perkins: Six out of seven. Anything else from the Administration?

Mayor Scapicchio: Not from me.

OLD BUSINESS - none

NEW BUSINESS - none

LEGAL MATTERS

Mr. DiYanni: Just one thing for clarification. We had some struggles with Ord. #17-2008, the vacation. For future reference also, as a point of order, you may also motion to table it if you don’t give a date specific. I may be telling you guys something you already know, but if you motion to table something without a date specific, it kills it as well. So, for future reference, instead of voting no you also have the option of making a motion to table it without a specific date to have it come back on the Agenda and that would also kill the motion, kill the ordinance as well. Just as a point of reference.

President Perkins: That’s it, Dominic?

Mr. DiYanni: Yes.

COUNCIL REPORTS

Recreation Liaison Report

Mr. Roman: Nothing of note to report.

Board of Health Report

Mrs. Labow: We met last week and had an excellent meeting. We meet again next month. Nothing really outstanding to report other than February 4th we had our final count for the Rabies Clinic and it was 599 dogs that came through. That was a record.

Planning Board Report

Mr. Tepper: Just a note regarding the possible change in zoning on the one lot associated with the Adult Center. It did have a second hearing having to do with an office and warehouse being established off of Goldmine Road where the Quarry was, and that was approved.

Board of Adjustment Liaison Report

Mr. Roman: Nothing to report.

Open Space Committee Report

Mrs. Labow: I reported last time.

Legislative Committee Report

Mr. Rattner: Nothing to report.

Pride Committee Liaison Report

Mrs. Labow: I reported last time, last meeting.

President Perkins: Mr. Sohl, did you have at least a little bit of good news?

Mr. Sohl: At the request of Council President Perkins and the Pride Committee, I was asked to contact and see if we could renegotiate with CBS Outdoor their agreement that they had with us for the pair of billboards down on Route 206. One of those billboards, the one facing north, they rent out. The one facing south we have been using. Pride Committee has had a constant poster up there overtime, changing it three or four times a year. It’s been felt by the Pride Committee that ultimately we’d probably be better off with a revenue source, and the initial offer on the table from CBS was $3,000 for the first two years, moving up $500 a year over the course of the ten year lease, ending up at about $5,000 for the ninth and tenth year. We went back to them and suggested that’s fine, but we’d like a minimum percentage in case you wind up leasing this thing out on a much more full time basis. They said fine. So we’ve got either, for the first year where we get $3,000 and then on the anniversary twelve months from then we’ll look at either $3,000 or 25% of their revenue after commission, whichever is greater. Then, likewise, it will increase incrementally. So I sent that off and the lease was received yesterday. We sent it off to John for review and hopefully we’ll have it on a resolution next week, two weeks for now.

President Perkins: Perfect.

Mrs. Labow: Can I ask a question, Ray?

President Perkins: I just want to say for the record that Councilman Greenbaum was instrumental as Council President last year in pushing someone to try to get either the billboard changed or to lease it out so that we could end up getting some revenue from it. Thank you, Rob, for bringing that to our attention last year and it appears that the Administration is coming up with an agreement that will bring a revenue stream in to offset the costing for some of our volunteer committees. Mrs. Labow?

Mrs. Labow: Bill, is the Pride Committee going to have the billboard twice a year?

Mr. Sohl: No times a year.

Mrs. Labow: No times, okay.

Mr. Greenbaum: It was always my intent that that money be earmarked for use by the Pride Committee.

Mr. Sohl: And that would be our recommendation from an Administrative perspective, to use it for Pride or a combination of Pride and Economic Development Committee, however the governing body chooses to see that allocated.

President Perkins: Excellent. Good work, Bill, thank you.

Mrs. Labow: Very good, thank you.

Board of Education Liaison Report

Mr. Tobey: There was a meeting last evening. It was actually the final budget hearing. I would say that the attendance was certainly not as high as the previous meetings. The vote is April 15th. There is a second question, which amounts to $848,000 and that encompasses various programs, activities, and I believe some sporting teams. There was a third question that was proposed with regards to the new roof at Mountain View Mr. Tobey (Cont’d): School but that was denied by the County. I guess we’ll see what happens.

Lake/Environment Issues Committee

Mr. Rattner: I wasn’t able to attend the last meeting due to a conflict, but you heard that they were disappointed in the vote on the Boathouse.

Safety Committee Liaison

Mr. Greenbaum: We were set to meet this month regarding the daytime first aid squad but the meeting was cancelled primarily due to the unavailability of the Budd Lake Rescue Squad to attend the meeting. So it will have to be rescheduled.

Finance Committee Report

Mr. Rattner: Nothing to report, but I will tell you that Mr. Tepper and I, and probably you, will meet before the next Council meeting when we’re going to be discussing the budget. In that we’ll include at least one meeting with the Administration so we can try working out all the different issues before we get here.

President Perkins: And you’ll coordinate the scheduling?

Mr. Rattner: Yes.

President Perkins: Thank you.

Economic Development Committee Report

Mr. Rattner: We should be starting back up again as our chairman comes back from his summer home.

President Perkins: Summer home?

Mr. Rattner: His winter home.

Solid Waste Advisory Committee Report

Mr. Labow: We meet next month, yes, April. We didn’t meet in March.

Library Board Liaison

Mr. Tepper: Nothing to report.

PUBLIC PORTION

President Perkins: That takes us to the public portion again. Anyone from the public? Anyone at all? Mr. Russell.

Nelson Russell, Budd Lake: Thank you, Mr. Chairman, Ord. #13-2008 having to do with recycling for multifamily housing units. Mr. Dorsey pulled me out and explained a couple of things to me. One is that there already is a recycling requirement for existing multifamily housing. Two, we don’t have the power to go back and retroactively require existing housing to provide the space. There was a letter to that effect which is lost in his computer which he will be forwarding. I suggested that he also send a copy to the Planning Board. Ord. #19-2008, I’d like to wordsmith a little bit. “No demolition permit for residential or non residential structure.” I think just structure is appropriate. The two just, kind of, are all inclusive. “Shall be issued by the Construction code official until same…” Are we talking “same,” are we talking about the permit or are we talking about the structure? I think the term “structure” should be replaced for “same.” “It’s been reviewed by the Fire Chief within whose jurisdiction the structure is located, and his approval or recommendations are received by the Construction Code official.”

Mr. Sohl: What’s the question?

Mr. Russell: Have been received by the Construction Code official.

Mr. Tepper: Is that a question, or…?

Mr. Russell: Just my suggestions.

President Perkins: Thank you, Mr. Russell. Anyone else from the public? Alright, seeing none that takes us to Council comments.

COUNCIL COMMENTS

Mr. Greenbaum: Yes, I’d like to thank those members of the Council that voted in favor of the ordinance for first reading related to the salary. I’m going to call them adjustments. The non-union staff has kept the Township afloat for, as Mrs. Labow has said, probably the last four or five years. I don’t need a review by the Administration to tell me that they are all doing a great job on behalf of the Township. The amount of money which we have allocated at least for discussion by way of public hearing is de minimis in the scheme of the things that we do. These are people who don’t get longevity, who don’t get many of the benefits that the union employees get. They do get other benefits in terms of many other benefits that the union employees don’t have, which are non-monetary and which are commensurate with their positions as supervisors, but I think it is a token of appreciation that we have at least put on for discussion. I would hope that all of you that voted no would change your mind when this comes up on April 8th, and agree to the salary adjustments as set forth in the proposed ordinance.

President Perkins: Thank you. Mr. Tepper?

Mr. Tepper: I don’t disagree with Mr. Greenbaum’s point that the people are all doing an excellent job. I believe, however, that if they are going to be recognized for it there’s no reason that it shouldn’t be included in their salary as such, and it shouldn’t be a one time thing. The people that are doing the work should be recognized and rewarded in that fashion, and providing one time events, you’re creating an expectation for ongoing one time events. The moment we start giving people different amounts we’re going to have issues that we haven’t clarified what the basis is so I believe, since they are doing the job, they should be recognized by having their salaries increased.

President Perkins: Thank you, Mr. Tepper. Mr. Roman?

Mr. Roman: No comment.

President Perkins: Mrs. Labow?

Mrs. Labow: No comment.

Mr. Rattner: No comment.

Mr. Tobey: No comment.

President Perkins: And I have no comment. With that, I’ll take a motion for adjournment.

ADJOURNMENT

Motion was made and seconded, all in favor and none opposed, the meeting was adjourned at 11:01 pm.

_________________________________
Raymond T. Perkins, Council President


I, LISA LASHWAY, Township Clerk of the Township of Mount Olive do hereby certify that the foregoing Minutes is a true and correct copy of the Minutes approved at a legally convened meeting of the Mount Olive Township Council duly held on April 08, 2008.

______________________________________
Lisa Lashway, Township Clerk
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