Mt. Olive Township Council Minutes
March 27, 2007


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

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

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

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

Absent: Mr. Rattner

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

1. Resolution of the Township Council of the Township of Mount Olive Commending Veolia ES
Technical Solutions on Achieving the OSHA Designation of STAR.

President Greenbaum: This evening it is the Council’s proud moment to present to the Veolia Corporation a resolution. Colleen do you want to read it into the record please?

Mrs. Labow: Do you want me to go down to the podium or just do it from here?

President Greenbaum: Whatever you feel more comfortable with.

Mrs. Labow: Thank you, President Greenbaum. Tonight we have with us Mike Bartholomew and John Schantz. They are with the Veolia Company right here in Mount Olive Township. They are located right off of Route 206 onto Goldmine Road. I would like to read into the record the resolution this evening. Just a little bit of history first, in November they received the Star award from OSHA which is a level of safety and concern for their employees, health and safety. It is a program that they voluntarily applied for and they met all the requirements which were rather extensive. Tonight we are here to honor them from the Township’s prospective and I would like to read this.

RESOLUTION OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF
MOUNT OLIVE COMMENDING VEOLIA ES TECHNICAL SOLUTIONS ON ACHIEVING THE OSHA DESIGNATION OF STAR

WHEREAS, Veolia ES Technical Solutions has operated its facility on Goldmine Road in the Township of Mount Olive since 1989, having originally operated under the name of AETC-Advanced Environmental Technical Corporation; and

WHEREAS, OSHA has created a special designation for those companies or operations that implement exemplary systems to manage worker safety and health; and

WHEREAS, Veolia ES Technical Solutions has been a leader in this field and has achieved the designation of STAR by OSHA which also is a designation arising out of the Voluntary Protection Program, which places significant reliance on the cooperation and trust adherent in a partnership between the company and its employees;

WHEREAS, OSHA advises that in this program, the managers and employees that work at the sites must voluntary implement comprehensive safety and health programs that go far beyond basic compliance with OSHA standards; and

WHEREAS, Veolia ES Technical Solutions has demonstrated the potential and willingness to achieve the STAR status and achieving that designation is a recognition by OSHA, which specifically functions for the purpose of protecting the safety and health of the employees, that the recipient has achieved excellence in this field;

WHEREAS, there is only one other company other than Veolia ES Technical Solutions in Morris County that has achieved the designation of STAR and a designation involving some 95 employees at the site of its operation on Goldmine Road;

WHEREAS, the Township Council is always pleased to announce achievements by those companies that operate within the Township of Mount Olive.

NOW, THEREFORE, BE IT RESOLVED, by the Township Council of the Township of Mount Olive that it does hereby congratulate the Veolia ES Technical Solutions for its achievement and designation by OSHA as conducting a STAR program.

Clapping…

President Greenbaum: Is there a second to move that resolution?

Mr. Perkins: Second.

President Greenbaum: It has been seconded. Is there anyone from the public who wishes to be heard on that particular resolution? Seeing none, I close it to the public. I do not know whether or not you gentleman have anything that you would like to say at this point in time?

Mr. Bartholomew: Just very quickly, we are very proud of the award and we are very appreciative that you recognized us tonight. We’ve been a resident of the business community here in Flanders for over 30 years now. We have the best police department and we work very closely with the fire departments in the area helping out with a lot of training and other things and with the type of work that we do, to be involved and understand what we are doing. So it’s just a great opportunity to meet everybody here and again, I appreciate Colleen and Bill Sohl. They came over when OSHA came to our site to make the presentation to us and our employees who work there. We thank you very much.

President Greenbaum: On behalf of the entire Council…

Clapping…

President Greenbaum: I don’t know whether or not anyone else from Council has anything that they want to add? It was actually very eloquently done by Colleen but before you go, there was a question which was raised with respect to…I’m sorry?

Mrs. Lashway: We didn’t vote yet.

President Greenbaum: Oh, we didn’t vote. Let’s do a Roll Call.

ROLL CALL: Passed Unanimously

President Greenbaum: Just a small formality on the Resolution. There was discussion last week with respect to amending the Solid Waste Management Plan to include Veolia in that Solid Waste Management Plan. I think it related to a medical waste issue?

Mr. Sohl: That’s right.

Questions on Veolia ES Technical Solutions request for inclusion in the Morris County Solid Waste Management Plan (June 12th deadline to adopt resolution setting forth Township’s position)

President Greenbaum: I don’t know whether or not anyone from Council had any specific questions with respect to that issue since we have representatives here.

Mr. Buell: Yes, several questions. The letter you sent indicated that this medical waste will be… I guess packaged at the generator location. Are all of the locations where this medical waste is going to be packaged going to be in Morris County or is it going to be outside of Morris County?

Mr. Bartholomew: No. A good part of our customer base, generator base that we service, probably the majority is in Morris County but we service pretty much all of Northern New Jersey.

Mr. Buell: So we will have medical waste from…

Mr. Bartholomew: Other counties.


Mr. Buell: What other counties are we talking about here?

Mr. Bartholomew: Let me go through. We have Mercer, Essex, Bergen and Hudson. We are in all of Northern New Jersey, all of those counties. We go, kind of our geography that we service, goes as far south as about South Brunswick.

President Greenbaum: I am sorry. You have to speak into the microphone so we can pick you up on the tape.

Mr. Bartholomew: I’m sorry.

Mr. Buell: This includes not only the packaged medical waste that is left off in trash cans but also human remains, laboratory experiments as well as potentially radioactive materials.

Mr. Bartholomew: No, not radioactive. Medical waste just so it’s clear, typically the type of stuff that we would bring through packaged by our field technicians at the generator locations. You know stuff that’s generated in a school nurse’s office and one of the local companies that has a lot of employees. They will have a first aid station and that sort of thing. We are talking about possibly wipes, paper towels, rubber gloves those sort of things. That’s typically what you see.

Mr. Buell: These would not be hospitals though.

Mr. Bartholomew: Could be hospitals…

Mr. Schantz: Most hospitals handle their own waste.

Mr. Bartholomew: Most of what would be coming through is from customers that we already serviced for chemical and hazardous waste. They generate in various quantities, typically small quantities because we handle less than a truckload of quantities. We bring them back to our facilities where the material is offloaded and put on to a tractor trailer. The trailer is full and it’s shipped out to the element disposal facility. All this stuff is either autoclaved or incinerated. So this is just an additional waste stream that many of our customers generate in small quantities.

Mr. Buell: In terms of the numbers of trucks in a week, and I am familiar with your trucks, how many trucks are we talking about on a weekly basis?

Mr. Bartholomew: How many trucks?

Mr. Buell: The big trailer, obviously you are going this bring this stuff and you are going to combine it in to a truck and then you are going to wait until you get a truck filled up and then…

Mr. Bartholomew: Yes…

Mr. Schantz: Probably about two a month.

Mr. Buell: Two a month?

Mr. Schantz: Every fourteen days a tractor trailer would leave. All the medical waste is being brought back with our local service people on a daily basis along with the other waste that we bring back from our customers.

President Greenbaum: Jim, do you have a lot of additional questions?

Mr. Buell: Yes, one of the things…

President Greenbaum: Because we brought them in here tonight to give them a resolution and while I think that your questions are important, I thought that since we had them here we might be able to ask them some general questions. If you have specific questions what I suggest you do, let’s send them a letter through the Clerk’s office so that they could respond in advance of, I believe it is June 12th, when we have to give our position on their request to amend the Solid Waste Plan. I don’t know that it is completely appropriate for us to sit here and go through a series of questions at this point in time. Mayor, did you have something?

Mayor Scapicchio: Rob, I sit on the Morris County Solid Waste Advisory Committee and we’ve moved this amendment forward. It may be helpful, it’s at your discretion, if you just let these gentlemen sort of describe the operation in general terms because it’s not as large or as problematic as one may think based on the terminology.

President Greenbaum: Again, I mean to the extent that Jim has questions or anyone else has questions at this point, I suggest that we put them in writing and let them respond. We are here to honor them this evening and I thought since they were here we might be able to get some specific, some general questions out on the table. We are all very proud of the work that you guys do and the way that you go about doing it. There are obviously some questions about the other issue which we will get to you in writing and give you the opportunity to respond…and I assume that if we have additional questions in advance, that you wouldn’t hesitate to come back at that point in time.

Mr. Bartholomew: We would be glad to come back at any point in time. One thing that I would suggest is to offer to anybody here on the board, or residents, to come visit our facility. We have an open door policy, we always have. We invite you in whether it’s the kids to learn about what we do in the industry that we work in or for future job possibilities or just the community and our neighbors to see what we do and how we do it. We are very proud of the way we manage the types of materials that we handle. It’s best served to come out and see how we do things. We expected a lot of questions. Seeing things firsthand, it gives most people quite a comfort level once they see how things are handled, you know, waste coming back to our facility. Everything is containerized. It’s packaged properly, safely, moves through the facility quickly. We don’t really…our business is not a storage business. It’s a transportation business. Our job is to get it from the generator location to the ultimate disposal site quickly and safely but things move very quickly. We would just like to extend that invitation and certainly come back…any questions, specific questions, I am glad to come back here in this forum or send us a letter.

President Greenbaum: I am going to send Mr. Buell to meet with you.

Mr. Bartholomew: Okay.

President Greenbaum: That way you can convince him that there really are no issues related to what you are proposing to do.

Mrs. Labow: I just wanted to say really quickly that when Bill and I were there for the celebration, the gentleman were gracious enough to take me on a tour. When I read the letter from them and I spoke to them on the phone, it just all made sense. I could visualize the whole thing and it’s not that it’s going to be an additional large quantity coming through or additional hazardous or anything else that needs to be of concern because they run a top notch facility. I wasn’t the least bit concerned about it. I would suggest that you go. It’s very educational to go and walk through and all your questions will be answered and you will be able to see for yourself exactly what they are talking about.

President Greenbaum: I’m hopeful that we’ll have you back here next year to give you another award for your OSHA… your status with OSHA. Thank you very much.

Mr. Bartholomew: We appreciate that, thank you.

Clapping…

Executive Summary Report – “One Community”

President Greenbaum: Noreen, you’re up.

Mayor Scapicchio: I still think you live in town someplace, you’re just not telling anybody.

President Greenbaum: Please state your name and address for the record.

Noreen Risko, 272 Decker Pond Road, Green Township, New Jersey: Although the Mayor thinks I definitely do live in Mount Olive, my correct address is 272 Decker Pond Road, Green Township, New Jersey. I want to thank the Township for coming in full force to the “One Community” event that we held to show that Mount Olive is One Township. The pamphlet that I gave you is a document that I refer to the first page. If you don’t mind, so that the audience knows, I will read the first executive summary of what occurred that night. Those in attendance at The Mount Olive Township “One Community” dinner event held on Thursday, March 15, 2007, responded that they feel safe and secure in our community.


Mrs. Risko (Cont’d): The preservation of the lake, open spaces, and historic structures was high on the list of values. The sense of community and an appreciation of the diversity within the community in respect to the social-economic make up of the homes, people, and places to work, shop, pray and play permeated each report. Each group praised the quality and diverse learning opportunities offered through our schools, Township Library, and other municipal services such as police, fire/rescue, recreation, health and senior services. The greatest challenge is to preserve what Mount Olive Township has in light of dwindling state and federal assistance. Sharing services and changing State laws and funding formulas resounded from each group as a viable solution. Finding grants and ways to generate revenue is a message that the executive and governing bodies of the Township need to review carefully. Several groups recommended forming a steering or subcommittee to pursue the feasibility of these possible solutions. The safety of our children on fields, buses, and in our schools must be a priority before making short-term financial gains with long-range irreversible consequences. Most attendees were appreciative of the opportunity to meet other stakeholders to reflect on the positives of our community and to discuss the challenges facing our community, state and nation. Attached you will find detailed notes as to what our community members value and suggestions to preserve and improve our community from the hearts and minds of those who attended the meeting. I give this governing body this report and I am willing to lead any subcommittee that you would like. My personal preference, something that I think needs immediate attention, is to start working on shared services. Some where in the Governor’s list of things I saw that there might be some opportunities if we can prove that we can share services. The other, and I don’t know if it is the proper terminology, when people come into our community and develop and the impact that it has on our services, police, fire, rescue, schools, recreational etc., we need to be able to have something. We need the law on our side not against us. They were the two overwhelming things that were coming out of the groups. For those not able to attend, you can see on the second page I listed there were sixteen tables filled with people and you notice they were from a variety of different stakeholders and the people had a chance. First I gave them a nice power point and reviewed a little bit of the history of Mount Olive but also looked at the things that were challenging for us. Then asked people to discuss it and then at the end of the evening people from each table came up and made their statements and I asked them to email me or send me their documentation and that is what you have before you. Again, I want to thank those who were in attendance… the Mayor, the Business Administrator, Councilmember Buell, Councilmember Labow, and someone else…some of you were there for a little bit of time I know.

Mr. Buell: Steve Rattner was there.

Mrs. Risko: They were there and then they had to come back up here. Does anyone have any questions?

President Greenbaum: Does anyone have any questions or comments?

Mrs. Labow: When are you going to do it again?

Mrs. Risko: That seems to be coming to whenever it is necessary. That’s why I think if we need to have a subcommittee, I think working together, people that want to really look seriously at what we can do to share services between the different entities of town, I think it is a priority and if we need to get it powered…you know that pen is mighty to change laws so that the economic development is necessary but we also don’t want people to just come in and build and leave town and leave us holding the responsibilities.

President Greenbaum: Noreen, I will give everyone the opportunity to review the information which you have provided to us. What we will do is invite you back at a Workshop to talk about the possibility of forming more official committees. I know that there is already some discussion between the School Board and the Municipality in terms of shared services. Maybe what we need to do is to more formalize it.

Mrs. Risko: Definitely.

President Greenbaum: Thank you.

Mrs. Risko: Thank you, very much.

President Greenbaum: We are going to go a little bit out of order we have a resolution this evening drafted by Mr. Dorsey’s office.


RESOLUTION OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF MOUNT OLIVE
COMMENDING LISA M. LASHWAY FOR OUTSTANDING SERVICES AS TOWNSHIP CLERK

WHEREAS, the position of Township Clerk is a pivotal position in municipal government; and
WHEREAS, the Township Clerk has a variety of important functions to perform, most importantly interfacing with the public and members of the governing body, as well as the Mayor and constantly changing Business Administrators, as well as dealing with all of the other departments in the municipality, particularly in connection with the complex issues involving OPRA as well as having to fulfill the burdensome requests of the Township Attorney for research; and
WHEREAS, Lisa M. Lashway has, for a long period of time, completely fulfilled these various functions for the municipality and to the public, performing same with charm and a sense of humor, while being understaffed and overburdened by requests from Council persons, the Business Administrator, the Township Attorney and the public; and
WHEREAS, after nearly 25 years of dedicated service to the Township, the Mount Olive Township Council wishes to publicly recognize the ability, skill and determination with which Mrs. Lashway performs all of her duties as a dedicated public servant.
NOW, THEREFORE BE IT RESOLVED, by the Township Council of the Township of Mount Olive, County of Morris, State of New Jersey, that it wishes to commend Lisa M. Lashway for her outstanding service as Township Clerk and to express the appreciation of the community, as well as the municipal government, for her dedicated services.

President Greenbaum: Can I have a motion to move it please.
Mr. Perkins: So moved.

Mr. Buell: Second.

President Greenbaum: Moved and seconded. Is there anyone from the public who wishes to be heard? Any
Council Comment? Roll Call please.

ROLL CALL: Passed Unanimously

Clapping…

Mrs. Lashway: Thank you.

President Greenbaum: We will frame it after I sign it, after she stamps my signature. Even there she’s got to work.

Mr. Perkins: In twenty-five years I have seen them come and I have seen them go.

Mrs. Lashway: It really is 22 but close enough.

Mr. Dorsey: Twenty two?

President Greenbaum: Yes, the last three or four were like ten.

Mrs. Lashway: April is 22, I started in 85.

Questions on Bill List?

President Greenbaum: I know there were a number of questions which went around. Mr. Perkins, questions on the Bill List.

Mr. Perkins: Thank you, Mr. President. Just one question on page #15, it would be for 06-1127 potable water for the Goldmine system. I would like to know what it’s for. The second is, it’s listed under sewer operating and that should be transferred over to water operating. Again, I don’t know what Simmons Transport in January did. Did we have a water supply issue in January in Goldmine Estates?

President Greenbaum: Probably when the bill came through. Sherry, do you need time to get an answer to that?


Mrs. Jenkins: Yes. Obviously yes, I don’t know it right now. I will get back to you.

President Greenbaum: We’ll wait.

Mrs. Jenkins: You’ll wait okay. I mean I can call Tim right now if you like?

President Greenbaum: No, if you could get us an answer.

Mrs. Jenkins: I don’t know off the top of my head but I will look for you.

Mr. Perkins: And should that be transferred over to water operating correct?

Mrs. Jenkins: I don’t know. I want to find out what it is first.

President Greenbaum: Any other questions on the Bill List? Mr. Buell, did you get all of your questions answered?

Mr. Buell: Asked and answered, yes.

Mrs. Labow: Do you want to know about mine? I had a lot last week.

President Greenbaum: Who are you?

Mrs. Labow: They were all asked and answered. Thank you very much Sherry.

Mrs. Jenkins: You’re welcome.

APPROVAL OF MINUTES OF PREVIOUS MEETINGS

Feb. 27, 2007 PM – All Present (Mr. Tobey not on Council at this meeting)

March 6, 2007 CS – All Present

March 20, 2007 CS - All Present

March 20, 2007 WS – All Present

President Greenbaum: We are up to Minutes of previous meetings. Mr. Buell, do you want to move those please?

Mr. Buell: I move the Minutes from February 27th, Closed Session March 6th and Closed Session on March 20th and the Workshop meeting on March 20th.

Mr. Tepper: Second.

President Greenbaum: Okay, they have been moved and seconded. Are there any comments, changes deletions? Seeing none, Roll Call.

ROLL CALL: Passed Unanimously with the exception Mr. Tobey abstained on February 27, 2007.

CORRESPONDENCE

LETTERS FROM RESIDENTS / ORGANIZATIONS

1. Letter received March 15, 2007, from Cheryl and Peter Goodwin regarding water problems on Drakestown Road.

2. Information received March 19, 2007, from the Morris County Women’s Republican Club regarding the 6th Annual Memorial Scholarship Dinner.

3. Letter received March 20, 2007, from Sears, Sweeney & Marcickiewicz regarding Lot 5 in Block 8200 (Route 46) regarding request for reclassification of zoning.

4. Letter received March 23, 2007, from ADPPBBL, Inc. regarding Amendment to the Property Maintenance Code.

RESOLUTIONS / ORDINANCES / CORRESPONDENCE OTHER TOWNS

5. Resolution received March 14, 2007, from the Township of Middletown supporting of the renewal of the Garden State Preservation Trust.

6. Ordinance received March 16, 2007, from the Township of Chester regarding Land Use.

7. Resolution received March 22, 2007, from the Borough of Beachwood regarding the Adoption of Child Protection Proposals.

LEAGUE OF MUNICIPALITIES

8. Letter received March 22, 2007, from the New Jersey State League of Municipalities regarding a League Seminar on “The Benefit of Historic Preservation.”

9. Letter received March 22, 2007, from the New Jersey State League of Municipalities regarding a League Seminar on “Labor Relations for Administrators, Counsel and Council Members.”

MUA / MSA

10. Letter received March 12, 2007, from the Morris County MUA regarding the Morris County Solid Waste Management Plan Modification request: Veolia Environmental Services, 1 Eden Lane, Mt. Olive.

11. Minutes received March 12, 2007, from the Musconetcong Sewerage Authority regarding the February 7, 2007 Reorganization meeting.

12. Letter received March 16, 2007, from the Musconetcong Sewerage Authority regarding the Rockefeller Group Development Co.

13. Letter received March 23, 2007, from Hatch Mott MacDonald regarding Hackettstown Municipal Utilities Authority, comments upon the Highlands Draft Regional Master Plan.

DOT / DEP / LOI / HIGHLANDS

14. Letter received March 12, 2007, from the State of New Jersey, Department of Environmental Protection, regarding Corrections to Individual Freshwater Wetlands Permit. Applicant: AIG Baker Real Estate, LLC for Block 4100, Lot 114; Block 4105, Lots 1, 2, and 4; Block 4300, Lot 9; Block 4301, Lots 16 and 18. (19 Ringenbach Lane, 51-53 International Drive South, 10 Flanders-Netcong Road, 27 Flanders-Netcong Road, 147 Goldmine Road).

15. Letter received March 15, 2007, from the State of New Jersey, Department of Environmental Protection, regarding Agency Determination – Highlands Exempt, Water Quality Management plan Consistent for Applicant: Moll/Luongo, Single Family Home Block 2514, Lot 2 (53 Pine Grove Road).

16. Letter received March 15, 2007, from the State of New Jersey, Department of Environmental Protection, regarding Agency Determination – Highlands Exempt, Water Quality Management plan Consistent for Applicant: Cari, LLC – Single Family Home Block 2209, Lot 11.01 (18 Whippoorwill Road).

17. Letter received March 20, 2007, from the State of New Jersey, Department of Environmental Protection, regarding Notice of Violation for Block 8100, Lot 3 (357 River Road).

UTILITIES

18. Letter received March 19, 2007, from Malick and Scherer, P.C. regarding JCP&L Drakestown Substation.

19. Fax received March 22, 2007, from Comcast regarding Municipal Breakfast.

MORRIS COUNTY

20. Minutes received March 20, 2007, from the Morris County Planning Board regarding the February 15, 2007, meeting.

LEGISLATIVE REPRESENATIVES

21. E-mail received March 9, 2007; from Congressman Frelinghuysen regarding Walter Reed and Committee receive testimony from the Commerce Secretary.

22. Information Flyer received March 16, 2007, from Congressman Frelinghuysen regarding 11th Congressional District Academy Night.

23. E-mail received March 19, 2007, from Congressman Frelinghuysen regarding Crisis in DFarfur.

DCA

24. Letter received March 12, 2007, from the State of New Jersey, Department of Community Affairs, regarding guidelines for municipalities regarding Appellate Division Decision on COAH Third Round Rules.

President Greenbaum: There are 24 pieces of Correspondence. Does anyone wish to discuss any particular piece of Correspondence?

Mr. Buell: Yes, just very quickly. We received a letter or a position paper from Hatch Mott from the Hackettstown Municipal Authority. On page #3, point number one they indicate that the two areas in Mount Olive that are on the HMUA, they’re inconsistent with either the preservation or protection zone. So it looks like at least Hackettstown is attempting to say that Woodfield and Hackettstown area should not be in the preservation or the protection zone. I think we should refer that back to Catherine Natafalusy, Chuck McGroarty and Steve Rattner to review that position.

President Greenbaum: Bill, do you want to take a look at that issue and refer it appropriately?

Mayor Scapicchio: Yes.

Mr. Sohl: Jim, do you want to pop that to me.

President Greenbaum: Does anyone else have anything? Seeing none, we will move on.

ORDINANCE FOR PUBLIC HEARING

President Greenbaum: The first ordinance for Public Hearing is Ordinance #14-2007 entitled:

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

President Greenbaum: At this point I will open it up to the public for anyone who wishes to discuss this issue. Yes sir, please state your name and address for the record. Mr. McDonnel, before you start let me just say on behalf of the entire Council we appreciate the fact that you and Mr. Russell come to the meetings on a regular basis. Your input is greatly appreciated and it’s our hope that in the future more people will come.

Ned McDonnel, Budd Lake: Thank you very much, a question halfway down. The term seasonal parking, how is that defined? Is that parking in the… for boats let’s say, parking in the off season or parking in the season we would use it, or both?

Mr. Sohl: The intent was as you said in the former…the seasonal parking where they would not have the boat in the water over the winter.

Mr. McDonnel: I think then it should…it is really unclear as to what’s seasonal parking. That could be anything.


Mr. Buell: In addition Ned, the other issue here is it’s more than just boats.

Mr. McDonnel: Well, yes. I am giving boats as an example.

Mr. Buell: It’s snowmobiles who also park during the year.

Mr. McDonnel: Yes, it’s unclear. You can argue that if you park your boat there in the summer, you can say well it’s boating season. I think that should be changed and defined a little bit better or stricken completely and just say…parking recreational vehicles and take out the seasonal part. As it stands now, somebody is going to have an argument whichever way you go.

Mr. Buell: My one concern when we went through this is the fact that if you had a recreational vehicle, a boat and you just parked it and never moved that boat, never used it and let it sit there and rot. That’s the reason for some limitations in terms of time.

Mr. McDonnel: If it sits there and rots I think you can look at some other health hazard or property maintenance or something. Say somebody parks a boat in the summertime, does that mean they cannot park the boat in the summertime on these impervious pads? I just don’t see where you can say seasonal parking without clarifying that. I would think that just taking out the seasonal parking and just leave for parking of recreational vehicles.

President Greenbaum: I don’t disagree.

Mr. Buell: I don’t either, except that my one concern is that if we just simply say parking and then somebody takes a boat and parks it there and I have seen this in town.

Mr. Tepper: The trailer itself by law has to be registered and if it’s not they can be cited under a different…

President Greenbaum: I agree, seasonal is the wrong word to be in there. Seasonal, as Ned said, means it’s the season for which the boat should be in the water and what we are talking about is the season for which the boat is not in the water.

Mr. Buell: How about temporary?

Mr. Tepper: I think it has to be all told because it doesn’t matter…

President Greenbaum: I would just remove the word seasonal, can we do that without…

Mr. Dorsey: We either have to define seasonal or you have to remove seasonal.

President Greenbaum: If we remove seasonal from the ordinance, do we need to re-notice it or is it sufficient smallness to not have…

Mr. Dorsey: Smallness.

President Greenbaum: So then now we just remove that word from this particular ordinance as per….

Mr. Dorsey: Move for the final adoption of the ordinance. Move the Ordinance amending, deleting the word seasonal.

President Greenbaum: Okay that was originally moved by Mr. Tobey. Oh, we haven’t moved it yet. So we will, I assume, let’s hear if there is anybody else who has anything to say on this particular issue.

Mr. McDonnel: Thank you.

President Greenbaum: Anyone else who wants to be heard from the public? Seeing none, Mr. Tobey, would you move this ordinance as amended to remove the word seasonal?

Mr. Tobey: I move for adoption and final passage of Ordinance #14-2007 removing the word seasonal.

Mr. Buell: Second.


President Greenbaum: It has been moved and seconded. Is there any Council discussion?

Mr. Perkins: Mr. President, just to point out that the word seasonal also should be stricken from the title as well as subparagraph two.

President Greenbaum: That is what Mr. Tobey moved but good point.

Mr. Sohl: I just wanted to let you know that the Administration has no problem with the removal of the word seasonal.

President Greenbaum: It’s to accomplish the same task and to the extent that…

Mr. Dorsey: To accomplish the purpose of the ordinance.

President Greenbaum: To accomplish the purpose of the ordinance as Mr. Dorsey said and to the extent that it gets abused we will need to re-look at it and change it to be more restrictive. Our hope is that it doesn’t become abused. Okay, is there any other discussion? Roll Call please.

ROLL CALL: Passed Unanimously

President Greenbaum: We are up to Ordinance #15-2007…oh I am sorry, where’s my mind today. It’s like this is the first time that I am doing this. Ordinance #14-2007 has passed on second reading and I hereby direct the Clerk to forward a copy of same to the Mayor and publish the notice of adoption as required by law. Thank you, Mr. McDonnel, that was very well argued. The next ordinance for public hearing is Ordinance #15-2007 entitled:

Ord. #15-2007 Township of Mount Olive, Morris County, New Jersey Calendar Year 2007 Ordinance to Exceed the Municipal Budget Cost of Living Allowance and to Establish a CAP Bank.(N.J.S.A. 40A-4-45.14)

President Greenbaum: Is there anyone from the public who wishes to be heard? Seeing none, I close it to the public. I would ask Mrs. Labow to please move that.

Mrs. Labow: I would like to move for adoption and final passage of Ordinance #15-2007.

Mr. Perkins: Second.

President Greenbaum: It has been moved and seconded. Is there any Council discussion? Roll Call please.

ROLL CALL: Passed Unanimously

President Greenbaum: Ordinance #15-2007 has passed on second reading and I hereby direct the Clerk to forward a copy of same to the Mayor and publish the notice of adoption as required by law.

ORDINANCES FOR FIRST READING – 2nd Reading April 10, 2007

President Greenbaum: The first ordinance is Ordinance #16-2007 entitled:

Ord. #16-2007 Ordinance Appropriating $1,878,000 from Grants and Other Available Funds for the Acquisition of Blue Atlas In and By the Township of Mount Olive, in the County of Morris, New Jersey.

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

Mr. Perkins: Yes, Mr. President. I move that Ordinance #16-2007 be introduced by title and passed on first reading and that a meeting be held on April 10, 2007, at 7:30 p.m. at the Municipal Building, 204 Flanders-Drakestown Road, Mount Olive, New Jersey, for public hearing, consideration of second reading and passage of said ordinance and that the Clerk be directed to publish, post and make available said ordinance in accordance with the requirements of the law.

Mrs. Labow: Second.


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

ROLL CALL: Passed Unanimously

President Greenbaum: The next ordinance for first reading is Ordinance #17-2007 entitled:

Ord. #17-2007 An Ordinance of the Township of Mount Olive, County of Morris, State of New Jersey To Supplement Chapter 230, Taxation, with the Addition of Article III, “Payment of Delinquent Property Taxes.”

President Greenbaum: Would you move that Mr. Tepper?

Mr. Tepper: Yes, Mr. President. I move that Ordinance #17-2007 be introduced by title and passed on first reading and that a meeting be held on April 10, 2007, at 7:30 p.m. at the Municipal Building, 204 Flanders-Drakestown Road, Mount Olive, New Jersey, for public hearing, consideration of second reading and passage of said ordinance and that the Clerk be directed to publish, post and make available said ordinance in accordance with the requirements of the law.

Mr. Buell: Second.

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

ROLL CALL: Passed Unanimously

President Greenbaum: The next ordinance for first reading is Ordinance #18-2007 entitled:

Ord. #18-2007 Ordinance Appropriating $77,000 from the Reserve for Sale of Land Proceeds for the Acquisition of Blue Atlas in and By the Township of Mount Olive, in the County of Morris, New Jersey.

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

Mr. Buell: Yes. I move that Ordinance #18-2007 be introduced by title and passed on first reading and that a meeting be held on April 10, 2007, at 7:30 p.m. at the Municipal Building, 204 Flanders-Drakestown Road, Mount Olive, New Jersey, for public hearing, consideration of second reading and passage of said ordinance and that the Clerk be directed to publish, post and make available said ordinance in accordance with the requirements of the law.

Mrs. Labow: Second.

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

ROLL CALL: Passed Unanimously

President Greenbaum: We are up to Ordinance #19-2007 entitled:

Ord. #19-2007 An Ordinance of the Township of Mount Olive To Amend and Supplement Section 400-10, Entitled “Building Construction”, Subsection B Entitled “Fees” of the Code of the Township of Mount Olive (Amendment to Ordinance #10-2007 Adopted on March 13, 2007, to Correct Subsection B (3) Electrical Subcode Fees and (4) Fire Subcode Fees).

President Greenbaum: At this point we are correct in terms of the fees? This is to modify an error…

Mr. Sohl: There was one error in a cost…since we don’t expect to have too many requests for public pools in the next few weeks we should be okay.

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


Mr. Tobey: Yes. I move that Ordinance #19-2007 be introduced by title and passed on first reading and that a meeting be held on April 10, 2007, at 7:30 p.m. at the Municipal Building, 204 Flanders-Drakestown Road, Mount Olive, New Jersey, for public hearing, consideration of second reading and passage of said ordinance and that the Clerk be directed to publish, post and make available said ordinance in accordance with the requirements of the law.

Mr. Perkins: Second.

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

ROLL CALL: Passed Unanimously

CONSENT RESOLUTIONS AGENDA:

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

CONSENT RESOLUTIONS

1. Resolution of the Township Council of the Township of Mount Olive Amending the Temporary Budget for 2007 for the Current, Water, Sewer and Recreation Utility as Well as the Sanitation District.

2. Resolution of the Township Council of the Township of Mount Olive Authorizing an Electronic Filing Program for Tax Information with Charles Jones.

3. Resolution of the Township Council of the Township of Mount Olive Authorizing a Petition to the Highlands Commission to Include the Area Referred to as Combe Fill North and an Adjacent Lot Referred to as Lot 114 in the Planned Community Zone.

4. Resolution of the Township Council of the Township of Mount Olive Authorizing a Grant Application to the Morris County Historic Trust for Stabilization of the Seward Mansion.

5. Resolution of the Township Council of the Township of Mount Olive Authorizing a Grant Application to the Morris County Historic Trust for Repairs to the Baptist Church.

6. Resolution of the Township Council of the Township of Mount Olive Approving a Vendor Service Contract on a ‘Non-Fair and Open’ Basis Pursuant to the ‘Pay-to-Play’ Law.

7. Resolution of the Township Council of the Township of Mount Olive Endorsing the Recommendations of the Morris County Agriculture Development Board Regarding Charters Farm, Block 8300 Lots 3, 4 and Block 900 Lot 1.

8. Resolution of the Township Council of the Township of Mount Olive Commending Lisa M. Lashway for Outstanding Services as Township Clerk.

9. Resolution of the Township Council of the Township of Mount Olive Authorizing a Professional Services Agreement with Schoor DePalma for Engineering Services in Connection with the Improvements to Naughright Road.

President Greenbaum: We are up to the Consent Resolutions. We have already dealt with #1 and #9. Does anyone wish to have any of the other resolutions moved to the Non Consent Resolutions Agenda?

Mr. Buell: Yes. The Resolution of the Council for the temporary budget…#2, I think?

President Greenbaum: Number two any others? Mrs. Labow, do you want to move #3-8 and #10?

Mrs. Labow: I move Consent Resolutions #3-8 and #10.

Mr. Perkins: Second.

PUBLIC PORTION ON CONSENT RESOLUTIONS

COUNCIL COMMENTS ON CONSENT RESOLUTIONS

President Greenbaum: Moved and seconded. Is there anyone from the public who wishes to be heard? Is there anyone on Council that has a brief clarifying statement? Roll Call please.

ROLL CALL: Passed Unanimously

RESOLUTIONS NON CONSENT

President Greenbaum: We are up to the Non Consent Resolutions Agenda. We have two on Non Consent. There is one that is not listed on the Agenda which I will get to in a second. Mr. Buell, do you want to move #2 please?

2. Resolution of the Township Council of the Township of Mount Olive Authorizing an Electronic Filing Program for Tax Information with Charles Jones.

Mr. Buell: Yes, thank you. I move Resolution #2.

President Greenbaum: Is there a second?

Mrs. Labow: Second.

PUBLIC PORTION ON INDIVIDUAL RESOLUTIONS

President Greenbaum: Moved and seconded. Does anyone from the public wish to be heard? We will start with Mr. McDonnel who had his hand up first. Then we will go to Mr. Russell.

Ned McDonnel, Budd Lake: I see there is a salary for parks and recreation. There’s also a salary for Recreation Utility, my concern mostly is the Recreation Utility. It looks like the salary has gone up a tremendous amount compared to other salaries.

President Greenbaum: It has to do with the percentage of time which is allocated to the particular activity. No one’s salary has gone up more than the percentage which was allowed by the Township in the contract negotiations. It’s simply a breakdown, and correct me if I am wrong Sherry, of how the salaries are being allocated. So if someone is spending their time in recreation on activities which relate to the utility itself, a greater percent is going to that particular account.

Mr. McDonnel: Well, yes. I guess maybe I wasn’t clear. The increase from $30,000 to $50,000 it just seems like a…I looked at all the other salaries, most of it without exception has not gone up.

President Greenbaum: It is not an increase in salaries. What it is, is a reallocation of a particular salary…a transfer.

Mrs. Jenkins: It is just an increase in their temporary budget. We have seasonal people that come on and off in the recreation utility and we expect that that is going to increase over the next month or so. That’s why it’s gone up a little bit more.

Mr. McDonnel: So it is anticipating for the summer budget.

Mrs. Jenkins: Exactly, yes.

Mr. McDonnel: Okay, thank you very much.

President Greenbaum: I had the wrong answer for you. Sherry had the right answer, feel free to jump in.

Mrs. Jenkins: I let you go for it. I thought you may get there.

President Greenbaum: I didn’t get there.

Mrs. Jenkins: Nice try.

President Greenbaum: You know what? For once I was wrong, go figure.

Nelson Russell: Budd Lake: I am just noticing the item marked Library is doubled, $350,000 to $700,000.

President Greenbaum: It is the same question that Mr. Buell had and why he asked that it be taken to Non Consent rather than Consent.

Mrs. Jenkins: We normally pay them a quarterly contribution and we usually pay them at the beginning of the quarter i.e. January, April and what not. That’s how we have done it here. Now as you know sometimes we have issues in terms of their final payment but in terms of their quarterly payment, we normally make that at the beginning of the quarter which is why we upped it, you know, we doubled it.

Mr. Buell: Nelson, I’ve had email discussions with Sherry on this whole ordinance. Basically, what you are looking at…what you should be looking at is a temporary ordinance for one month which is equal to about 8%. A lot of these figures are a lot more than 8% increases. There are reasons for each one of them which I have talked to Sherry about today. The Library was the one I did not get an answer to. The other one I also did not get an answer to, I think was the Planning area in terms of have we increased these fees enough to cover the additional costs.

Mr. Russell: Thank you.

Mr. Sohl: Planning is looking at their own fee adjustments. That has to go through the Planning Board, right Russ, I think?

Mr. Tepper: They will bring it to us. I don’t know that we are… I think it is Administrative to set it but the fees that are being run, Bill, comes to us and we make recommendations to concur or not to concur.

President Greenbaum: Just so that everyone is clear, we are dealing with the temporary budget which is the budget which is in place until such time as we adopt the final budget which should be coming up.

Mrs. Jenkins: April 24th.

President Greenbaum: April 24th and so the Library will be getting whatever the Library is getting through the course of the year whether we give it to them in one payment or four different payments. The decision was made by the Administration to give them the dollars in the manor in which it is put on this current resolution. Did I get that right Sherry?

Mrs. Jenkins: Yes you did.

President Greenbaum: It’s very hard without Mr. Rattner whispering in my ear about the financial issues.

Mr. Tepper: My question is for Sherry I guess. I would like to know why the Library gets seven months payment now.

Mrs. Jenkins: It’s not seven months.

Mr. Dorsey: It’s not seven months, it’s two quarters.

President Greenbaum: It’s two quarters.

Mrs. Jenkins: Yes, it’s two quarters.

Mr. Tepper: So roughly $1.2 million, it’s up to $1.4 now?

President Greenbaum: Yes, it’s…

Mr. Tepper: I know they get $3 million by law.

President Greenbaum: Two quarters is what they are getting. It will be brought up to two quarters. Is that correct Sherry?

Mrs. Jenkins: Yes.

Mr. Tepper: Again, I am just curious why we are paying them in advance.

Mrs. Jenkins: Again, this isn’t only for their contribution, this is also to pay their health benefits and other things that we charge directly to that budget.

Mr. Tepper: Why aren’t their benefits and things underneath their $3 million?

Mrs. Jenkins: It is underneath their $3 million. It is under this appropriation. What I am saying is, we don’t give them all of this in cash.

President Greenbaum: Yes, it was just… Sherry you misspoke. This is whether it’s health benefits or money to buy books, it’s part of their contribution.

Mrs. Jenkins: Yes, what I am saying is….

President Greenbaum: That’s not what you said though.

Mrs. Jenkins: Okay, I am sorry.

President Greenbaum: Well you’re wrong, admit it.

Mr. Tepper: I understand though, thank you.

Mrs. Jenkins: You got me back, okay.

Mr. Buell: All my questions have been answered accept for the senior citizens other expenses went from $4,500 to $1,900.

Mrs. Jenkins: They need to purchase their vehicle. The contract price is going to change, Jim, so they need to purchase it before the budget is actually adopted which is why we increased the temporary budget.

Mr. Buell: Okay.

President Greenbaum: Any other questions? Roll Call.

ROLL CALL: Passed Unanimously

COUNCIL COMMENTS ON INDIVIDUAL RESOLUTIONS

President Greenbaum: We have one additional Resolution tonight on the Non Consent. It was put out on the table and I do not intend to read the whole thing into the record. It should be in front of you.

11. Resolution of the Township Council of the Township of Mount Olive Rejecting the Request for Release of a Restrictive Covenant RE: Block 2307, Lot 1.

President Greenbaum: It’s the issue that we discussed last week with respect to the restrictive covenant and I would ask Mr. Perkins to please move this particular Resolution.

Mr. Perkins: I move the Resolution of the Township Council of the Township of Mount Olive rejecting the request for release of a restrictive covenant referencing on Block 2307, Lot 1.

Mr. Tepper: Second.

President Greenbaum: Moved and seconded. Is there anyone from the public who wishes to be heard? Is there anyone on Council who wishes to be heard? Roll Call please.

ROLL CALL: Passed Unanimously

MOTIONS

1. Approval of Raffle Application #2193 & #2194 for the PTA Mt. Olive.


President Greenbaum: Mr. Perkins, do you want to move the Raffle Applications?

Mr. Perkins: Yes, Mr. President. I move for approval of Raffle Application #2193 & #2194 for the PTA Mt. Olive.

President Greenbaum: Is there a second.

Mrs. Labow: Second.

President Greenbaum: Roll Call.

ROLL CALL: Passed Unanimously

2. Appointment to the Board of Adjustment to a 4 year unexpired term to expire 12/31/07.

President Greenbaum: We received four resumes, Steve Bedell, Joe Barrett Jr., John Batch and Rich Escobar. I will open the floor up for nominations. Mr. Perkins?

Mr. Perkins: Thank you, Mr. President. I nominate John A. Batch.

Mrs. Labow: Second.

President Greenbaum: Any other nominations?

Mr. Tobey: I would like to nominate Steve Bedell.

Mr. Tepper: Second.

Mrs. Labow: I would like to nominate Joe Barrett.

Mr. Buell: Second.

President Greenbaum: Any other nominations?

Mr. Buell: Mr. Richard Escobar.

Mrs. Labow: Second.

President Greenbaum: Any other nominations? Okay we have four individuals. Mr. Batch was the first that was nominated so we will take his nomination first. Roll Call with respect to Mr. Batch.

ROLL CALL: Mr. Tepper, Mr. Tobey, Mr. Greenbaum voted no.
Mr. Buell, Mrs. Labow, Mr. Perkins, voted yes.

President Greenbaum: It fails. We will move on to Mr. Bedell. Roll Call.

ROLL CALL: Mr. Tepper, Mr. Tobey, Mr. Greenbaum voted yes
Mr. Buell, Mrs. Labow, Mr. Perkins voted no.

Mrs. Lashway: It failed.

President Greenbaum: Okay, we’re up to Mr. Barrett. Roll Call.

Mr. Tepper: They are both ties, the last two.

Mayor Scapicchio: Point of order Mr. President.

President Greenbaum: Yes.

Mayor Scapicchio: Is this a situation where the Mayor gets to break a tie?

President Greenbaum: The Mayor doesn’t get to break ties except with respect to the appointment of Council, an open Council position.


Mayor Scapicchio: Thank you.

President Greenbaum: Otherwise the Mayor never gets to vote on anything.

Mayor Scapicchio: Thank you.

President Greenbaum: I only mean that in the most respectful way.

Mr. Dorsey: It didn’t sound that way.

Mayor Scapicchio: I understand that.

President Greenbaum: Roll Call on Mr. Barrett please.

ROLL CALL: Mr. Buell, Mrs. Labow, Mr. Perkins voted yes.
Mr. Tepper, Mr. Tobey, Mr. Greenbaum voted no.

President Greenbaum: Okay, we are up to Mr. Escobar. Roll Call.

ROLL CALL: Mr. Buell, Mrs. Labow, Mr. Perkins, voted yes.
Mr. Tepper, Mr. Tobey, Mr. Greenbaum, voted no.

President Greenbaum: Alright, what we are going to do is we are going to keep the Board of Adjustment seat open until the next Public Council Meeting when we have a full slate of seven. We will pick it up again and we will open up the floor for nominations again at that point in time. Mr. Tepper, did you have something?

Mr. Tepper: Yes, my question was. Are we going to open it up to all four or just the two that tied?

President Greenbaum: I think they all tied.

Mr. Tepper: Did they all tie?

President Greenbaum: They all tied. We will reopen it for any nominations for any individuals who are nominated by a Councilmember to fill the seat. We will pick it up in two weeks.

3. Bill List

President Greenbaum: Mr. Buell, do you want to move the Bill List please?

Mr. Buell: I move the Bill List.

President Greenbaum: Is there a second?

Mrs. Labow: Second.

President Greenbaum: Moved and seconded. Any discussion?

Mr. Buell: On page #9 you will note that Village Green received a $94,000 tax appeal payment. I’ve asked just for everybody’s information, it appears that every one of the apartment complexes except for Oakwood Village at this point in time has already filed a tax appeal.

President Greenbaum: That’s because we own half of Oakwood Village.

Mr. Buell: I know…obviously we thought we were out of this issue in terms of tax appeals but we’re probably not.

Mr. Tepper: One more year.

Mrs. Labow: How many do we have so far Sherry?

Mrs. Jenkins: We are actually going to do… I believe we are putting something on the Workshop next week because they keep coming in everyday, so we could be updating it everyday. We are going to give you a recap next week and address it at that point.


Mrs. Labow: The first is the deadline?

Mrs. Jenkins: Yes. So we thought putting it on the Workshop on the 3rd would be the way to go.

Mr. Sohl: It’s actually next Monday.

Mrs. Labow: Yes, Monday because Sunday is the first, thank you.

President Greenbaum: Any other comments on the Bill List? Roll Call:

ROLL CALL: Passed Unanimously

ADMINISTRATIVE MATTERS

President Greenbaum: Mayor, this is your chance to speak.

Mayor Scapicchio: Thank you, Mr. President, just a little update. On March 19th I had a meeting down at the State House in Trenton and it was with regard to the redevelopment of Combe Fill North Landfill. It was with Gary Rose who is the Chief of Staff for the office of Economic Growth. We had three members from the DEP at that meeting myself and three members from the Rockefeller Group. Two attorneys from DeCotiis, Fitzpatrick, Cole and Wisler and an individual from an engineering firm named Langan Engineering. They were very receptive to the proposal. We have a meeting that you and I, Rob, are going to attend that was confirmed today with Smart Growth down in Trenton on April 10th at 2:30 in the afternoon. We have the attention of some of the highest officials at DEP. Gary Rose did in fact visit Mount Olive Township and that site the following day. Bill Sohl filled in for me and Bill came away with the impression that he was impressed with the site, he was impressed with the presentation. He seemed to be generally impressed that there was a Mayor that came down to his office that was in favor of this project. Actually, I felt pretty good at this meeting because every time somebody asked a question he would look over to me and say, “Mayor what do you think?” I let him know that we are only 32 square miles, that we’ve had a loss of $30 million in ratables in 1997, that 84% of Mount Olive Township is in the Highlands protection area, 24% is in the preservation area and that we desperately need to attract these ratables. He understood that and things are actually moving forward at a pretty good pace. So that is the latest.

Mr. Dorsey: He doesn’t know the real reason.

Mayor Scapicchio: Excuse me John?

Mr. Dorsey: He doesn’t know the real reason.

Mayor Scapicchio: Oh yes, well, I don’t know if he knows that.

Mr. Dorsey: Don’t reveal that, it’s truly optimistic.

Mayor Scapicchio: I think Russ may have told them that.

President Greenbaum: Any other Administrative matters, Mayor?

Mayor Scapicchio: No, that’s it Rob, thank you.

Mr. Sohl: No.

Mrs. Jenkins: Gary and I are working on the water study just so everybody knows because we have talked about following up in March. We are hoping that in the next week or so that we will be able to get back to you with that.

President Greenbaum: We are going to do that in connection with… hopefully we are going to have the information on the value of the assets as well, is that correct?

Mayor Scapicchio: When you are done with that, I have one more issue Rob.

President Greenbaum: Is that correct? Are we moving forward with the…


Mrs. Jenkins: I am not sure where the valuation…

Mr. Sohl: The valuation is moving forward but I don’t know that it will dovetail exactly with that.

President Greenbaum: I thought that was the original plan, to dovetail the two together?

Mr. Sohl: We can hold off on whichever one…

President Greenbaum: Let me hear from Mr. Perkins.

Mr. Perkins: Thank you, Mr. President. I spoke with the DPW Director today and he does expect to have the analysis completed within the next two week timeframe.

President Greenbaum: Oh, so maybe we will have it at the same time then.

Mrs. Jenkins: Are you looking for a correlation between what Gary and I are doing and what that’s going to reveal?

President Greenbaum: No, I think it has to do with the Council making decisions on a long term plan as to where we are going with the water assets and water rates that we have…

Mrs. Jenkins: Okay, I just wanted to make sure…

President Greenbaum: So that if the numbers come back and we are looking at significant dollars in terms of upgrades that are going be required, where the rates are going up even without any upgrades that are being required, we can compare that with what the Town might realize by way of the sale of the assets.

Mrs. Jenkins: Alright, would it be helpful to you then for us to do a study that shows what the rates would be with the projected capital that we are looking at and also what the rates would be without it? I just want to come back with the right information that you are going to need to make a decision. It sounds like that is what you are looking for.

President Greenbaum: I think both numbers yes, correct.

Mrs. Jenkins: Okay.

President Greenbaum: Colleen, you had something for Sherry?

Mrs. Labow: Yes. Sherry, when you are doing your analysis some of the water tanks have antennas on them and I would like to know what the revenue is that we bring in from that and what that impact would be. Would we lose that resource?

President Greenbaum: Why are we getting revenue out of any particular water system? I thought it goes back into the Water Utility.

Mrs. Jenkins: The tower rentals, it’s interesting, this was done long before I got here. There was a split that was determined whereby a portion of the tower rental is going into our operating budget or the current budget and a portion of it goes into the water budget.

President Greenbaum: There’s nothing to say that even if we sold our assets that we couldn’t retain the rights to the revenue that we generate from the use of the tower. If someone is interested in coming in and buying the assets then they probably would agree to allow us to keep the revenues.

Mrs. Labow: It’s good just to know what that number is, just so we have that to consider…

President Greenbaum: Sure, anything else Colleen?

Mrs. Labow: That’s it.

President Greenbaum: Mayor, you had some new item?

Mayor Scapicchio: Thanks, Rob. Just on the reval, since the letter went out to the residents I have gotten a number of phone calls and emails from concerned citizens, that were under the impression that these inspectors are going to come to the interior of their homes and take pictures. That is untrue. We have some press here, so I want to make that noted. I will also tell you that Bill and I are in the process of preparing a presentation that’s going to be held sometime in May that will include Sherry, Gary Higgins, Jack Marchione and a representative of the reval company. It’s going to be held at the Library and it’s going to be an informational session so that we can explain to these residents exactly what to expect because some of them are frightened that they think their assessment goes up twofold and their taxes are going to go up twofold. So it is going to be a session where we will have an open dialog to answer any and all concerns that the residents have.

President Greenbaum: Thank you. We will look forward to the information as to when that meeting is going to occur. Anything else from the Administration?

OLD BUSINESS

President Greenbaum: Okay, moving onto Old Business.

Mrs. Labow: I just wanted to ask Mr. Sohl, is there…a couple of times I have heard mentioned at meetings about the field tank sharing with the Board of Education. What’s the status on that? I brought that up several months ago.

Mr. Sohl: I will be putting together an information session. That’s one we deferred pending a certain situation with the School Board.

Mrs. Labow: Okay, very good. Thank you.

President Greenbaum: Any other Old Business?

NEW BUSINESS

President Greenbaum: New Business, Mr. Buell?

Mr. Buell: Yes, just two things. I would like the Administration to refer…since the dog park is in the budget for this year and we presumably will pass the budget on final passage sometime within the month that that be sent back to possibly the Park Committee for recommendation. Also, I think at this point in time since Blue Atlas is now going to be purchased we should begin to ask, at least the Park Committee…I guess it’s the Park Committee right?

Mayor Scapicchio: Jim, we are in the process of…I have renamed that. It’s not Turkey Brook Park Development Committee any longer. It is going to be Mount Olive Parks Development Committee and within the next several days we are going to have the Recreation Department send out a letter to all the major sporting organizations, Environmental Committee and somebody from the Senior Group can certainly participate. We want them to work as a body to sort of help to advise us in terms of what are the actual needs.

Mr. Buell: These would be two issues I think should be looked at early. The other thing…

Mayor Scapicchio: What’s that?

Mr. Sohl: We funded the dog park.

Mayor Scapicchio: He knows we funded it.

Mr. Buell: Yes I know, I think we should start to plan doing it at this point.

Mayor Scapicchio: You have to wait until we adopt the budget.

Mrs. Jenkins: No, that one we don’t.

Mayor Scapicchio: Oh, we don’t?

President Greenbaum: That’s right we have that one already.

Mrs. Jenkins: We are taking that out of Open Space Trust so we can get moving on that at any time.


Mayor Scapicchio: So we can instruct Willie to…

Mrs. Jenkins: Yes.

Mr. Tepper: I thought we even had a grant on that.

Mayor Scapicchio: We do have some coming in.

President Greenbaum: One person talking at a time. Colleen you had your hand up?

Mrs. Labow: I spoke with Kathy Murphy today about the dog park and what she said since that area that we want the proposed area to put that in, we need to send a letter to the State for approval that we can put that on that site because it wasn’t in the plans previously or it is a change of use for that area. So that will be the first step before we can actually…once we agree on this location and if it does go forward with the proposal location then basically we can get going.

President Greenbaum: Thank you.

Mr. Buell: Yes, just very quickly. Obviously the Board of Education has proposed a budget. We normally have them here at our meeting to present the budget before the School Board Election which I think is the 17th of April so I suggest that we possibly invite the Board of Education to make a presentation.

President Greenbaum: If I hear from any particular Councilmembers that they’d actually like to…who haven’t heard the presentation, then I will invite them. I am not sure out of the group which ones haven’t heard it or are inclined to hear it. It is a significant amount of time to rehear something which some of us have heard two times already. To the extent that anybody who hasn’t heard it wants to hear it or you have heard it and you think that it is a worthwhile use of time in light of the fact that no one else wants to invite them here…not want to invite them but feels that it’s necessary, then I will do it, let me know. Thank you. Anything else Mr. Buell.

Mr. Buell: That’s it.

President Greenbaum: Anyone else with New Business?

LEGAL MATTERS

President Greenbaum: Legal Matters, Mr. Dorsey?

Mr. Dorsey: None.

COUNCIL REPORTS

Recreation Liaison Report

President Greenbaum: I had actually passed that off to Mr. Tobey.

Mr. Tobey: The meeting is scheduled, I believe it’s next week.

Board of Health Report

Mrs. Labow: I was not at the Board of Health meeting because I went to the Mayor’s presentation on taxes over at the Library which I thought was an excellent presentation. Frank Wilpert, our Health Officer, gave me a list of some of the things we accomplished that evening. We had to do some revisions to the food code which the State had changed some laws we had to update our ordinances. We also discussed the inspection requirements for the schools that participate in the Federal Food Subsidy Grant program and that will be two times a year they go for that. The other thing is increases to our dog and cat licensing fees and right now we are going to actually wait and see what the other communities are doing before I make a final decision on that. Most importantly the Board wants to thank the Mayor and the Council for finally approving the car for the Senior Citizens. As we spoke earlier, that’s going to be ordered and everyone is very grateful for that.

Mr. Buell: One comment. I saw the memo I guess from the Freeholders appointing Frank to a Shared Services group for health services in the County.


Mrs. Labow: Yes, Frank will be going to that.

Mr. Buell: I would just like to congratulate him for that appointment.

Planning Board Report

Mr. Tepper: The Planning Board formally approved the preliminary and final site approval for the Ames center. So we should have a new tenant in there as well as another bank on that corner and that was approved last Thursday.

Board of Adjustment Liaison Report

Mr. Perkins: Thank you, Mr. President. Basic business as usual, I would like to inform the Council that the Ternberry case was rescheduled to the 21st of May. That’s the one on Hudson Street.

President Greenbaum: We should have a new Board member by that time.

Mr. Perkins: With luck.

Open Space Committee Report

Mrs. Labow: Open Space meets next week.

Legislative Committee Report

Mr. Perkins: Thank you, Mr. President. So far I have reached out to both the Assembly persons McHose, as well as Guy Gregg, Senator Bob Littell and the Morris County Freeholders. I expect to be meeting with some of them personally in the next upcoming week.

President Greenbaum: Very good, good initiative.

Pride Committee Liaison Report

Mr. Perkins: Mr. President, right now we are still waiting on CBS to change the billboard coming in and we are making preparations for the Memorial Day essay contest.

Board of Education Liaison Report

Mr. Buell: They met last night. The major issue again is that they discussed the budget. I think everybody here has been through the presentation at least once. The bottom line is that the budget calls for a tax increase of $160.00 per $100,000.

Lake/Environment Issues Committee

President Greenbaum: Thank you, we are up to Lake and Environmental Committee. Mr. Rattner is not here. I note that the cleanup dates have been…May 19th. Rain date is May 26th. Anyone who wants to help out in terms of cleaning up around the lake it starts at 9:00 am.

Safety Committee Liaison

Mr. Perkins: Nothing to report.

Finance Committee Report

Mr. Rattner: None

Economic Development Committee Report

Mr. Rattner: None

Solid Waste Advisory Committee Report

Mrs. Labow: We meet next week.


Library Board Liaison

Mr. Tobey: Can I just comment? I had a meeting with Dr. Lamonte this morning and the flyer that we developed in terms of recycling is going to be distributed to all of the grammar school students in the Friday folders and it’s also going to be emailed to the Middle School and High School families. So we are getting the word out about recycling and it was just a good meeting today.

President Greenbaum: Very good. Library Board, Mr. Tepper.

Mr. Tepper: Nothing to report. It meets next week.

PUBLIC PORTION

President Greenbaum: Is there anyone from the public who wishes to be heard? Mr. McDonnel and then Mr. Russell. Mr. Russell, you’re going to have to get your hand up quicker or sit behind Mr. McDonnel.

Mr. McDonnel: Question on the Bill List. This will probably be directed to Sherry. Page #11 to Shoco Inc. replacement parts to paddle boats. Don’t the paddle boats, doesn’t that come under the recreational utility?

Mrs. Jenkins: What page are you on, I’m sorry.

Mr. McDonnel: Page #11.

Mrs. Jenkins: We actually already had this question on the Bill List and I did speak to Jill about it and she didn’t feel that there was going to be enough revenue in the utility to offset this cost. She has money in her beach budget for equipment and that is where it is being charged.

Mr. McDonnel: If it comes out of the utility, it’s self-liquidating right, so the taxpayers aren’t paying for it, where if it comes out of another budget, the taxpayers are paying for that, is that correct? I mean this has happened before. It seems like Jill seems to make these decisions with respect to which budget it comes out of and it tends to, in my opinion, to be put in the taxpayer’s realm more than the utility’s realm. That is just my opinion but I would think that if they don’t have money in the utility budget for something…that really when this was set up, I thought it was set up as coming out of the Recreation Utility. If they haven’t got the money, my feeling is tough luck. I don’t think the taxpayers should have to fund this. That wasn’t the original intent.

President Greenbaum: I agree with you Mr. McDonnel. I was never a big fan of the paddle boat program. It was sold to us as a money maker, that it was going to be self-liquidating and therefore a proper subject of the utility. However, we have assets at this point in time. It comes down to a decision here of spending whatever it was $1,500…$1,700 to keep the paddle boats at this point afloat. Your point is well taken. It was an error in judgment that was handed to us by Jill in terms of the amount that those paddle boats would be utilized. I think, at least from my perspective, I am saying this to the Administration and particularly to Sherry that I think any additional expenses which are charged to the general tax fund related to those paddle boats needs to first be analyzed in terms of whether or not we should continue the paddle boat program if it is not making money. I think Mr. McDonnel’s point, once again, is well taken that this is a program which is obviously not self sufficient, which means it is not being utilized in the fashion that Jill originally thought it would be. I don’t want to spend any additional funds after this to fix the paddle boats without some further discussion of why we need to continue the paddle boat program if it’s not being used.

Mr. McDonnel: I just don’t think it is right to spend any money. We went through this…I mean an agreement was an agreement and this was sold to the public as a Recreational Utility program and now $1,400 is taken out of the taxpayer’s pocket.

President Greenbaum: Whether you take it as a Utility or you take it out of the general revenue, you’re taking it from the taxpayer because it is the taxpayer. It’s a left or right pocket thing. Your point is well taken, that it was sold to us as a self sufficient activity, that we’re purchasing these boats, they will pay for themselves over five years. Obviously, that has not happened and so now before we spend any additional money we need to take a look at whether or not this is something that we are wanting to continue to fund out of the general revenue.

Mr. McDonnel: I think this whole thing of the Recreation Utility, somebody should be watching this much more closely because I don’t know what other items may have been shifted out of the Recreation Utility into the taxpayer’s pocket.

President Greenbaum: The taxpayers have generally funded all of the recreation activities of the Township long before I got here and long after I leave here. So it’s really a question of whether or not it’s an activity which the Administration and the Council wants to continue. Whether it be a put in the Recreation Utility or Recreation funding is irrelevant to me. What is relevant to me is that it was sold as self sufficient and if there are other programs out there that are being sold as self sufficient that aren’t self sufficient, it requires re-looking at those issues and determining whether or not as a Council we are prepared to continue funding those activities which are not self sufficient. In other words, if I found out that we were running a large deficit with respect to the ski program, I would want to know how much are we spending. If we are not covering our expenses out of out the utility how many kids are using it? What other activities are we not being able to fund out of the general revenue because we are funding ski trips for youths. So then we can make the proper analysis by weighing it against all of the other activities but you have to recognize the fact that we as a Council make decisions and balancing decisions as to those activities which we are going to fund out of the general revenue and those which we agree to do knowing that’s it’s not going to in any way effect how we spend our dollars because the revenue which is going to come in is going to offset what’s going out. Here we have an activity which the money is now going out greater than what’s coming in. So it needs to be re-looked at because if no one is using those paddle boats then it doesn’t make sense for us to continue to fix them, let’s junk the program. I don’t know that that’s the case but it needs to be looked at and that’s why I have said, Colleen I will get to you in a second, that’s why I have said before any additional dollars are spent I need to know how much money we are bringing in as compared to how much money is going out.

Mrs. Labow: I just wanted to know, Bill, the paddle boats we have had them for three years I think and was there any kind of a warranty? I don’t understand why we have to fix them if they are only three years old?

Mr. Sohl: I will find out, I don’t know.

Mrs. Labow: They are relatively new, thank you.

Mr. McDonnel: I appreciate your comments. I would just hope that somebody from the Administration would try to keep a finger on this more than just leaving all the decisions as to whether it’s Recreation Utility or other funds and leaving that to just one person. I think there should be a more independent person overlooking this situation.

President Greenbaum: Thank you. Mr. Russell, are you going to get up and support the paddle boats?

Mr. Russell: I have a question on my list too. Sherry, I sent you a list of questions, did you receive that on the Bill List?

Mrs. Jenkins: I sent them back to you the same day, probably within an hour or so.

Mr. Russell: Okay, I got an out of office message and I haven’t gotten that far…

Mrs. Jenkins: I sent it to you. I will resend it too.

Mayor Scapicchio: Yes, I got a copy of it, I saw it.

Mr. Russell: Okay, thank you. One question on the reval, if the value of a house goes up, we adjust our municipal rates so that theoretically everything works out the same. How about the County? If our revaluation goes up won’t the County tax go up?

Mr. Buell: I think the County is already on…

Mr. Sohl: It’s on an unequalized basis.

Mr. Buell: It’s on an unequalized already. I mean they basically keep it on 100% all of the time.

Mr. Russell: They are considering us 100% now…

Mr. Buell: I think their tax rate is based upon what they consider to be 100%.

President Greenbaum: I don’t believe that is accurate. I believe you are right, Mr. Russell. I don’t know how that can be. If our houses are assessed at a certain number, then…

Mr. Buell: The same way the Library’s on an unequalized basis.


President Greenbaum: I think, Mr. Russell, the answer to your question is that the reason that the County orders us to revaluate the values of our houses is to bring it in line with other municipalities that are assessed at 100%. So I think that you are correct. Each town that is revaluated sees an increase in their County taxes because it brings them in line with other towns that have gone through the same process. Bill, did you have something?

Mr. Sohl: No, you just covered it pretty well. You’re doing alright tonight, not perfect but fair.

President Greenbaum: Maybe Mr. Dorsey can answer your question. Anyone else from the public? I close it to the public.

COUNCIL COMMENTS

President Greenbaum: We are up to final comments. Sherry, do you have anything this evening?

Mrs. Jenkins: No, I’m done.

Mr. Sohl: No, we’re good.

Mayor Scapicchio: No thank you.

Mr. Tepper: I would just like to congratulate Mrs. Lashway on her seniority and thank her for her efforts in supporting us.

Mrs. Lashway: Thank you.

Mr. Buell: Same thing, but nothing else.

Mr. Tobey: Congratulations and to these gentleman also.

Mrs. Labow: The same and also to congratulate Lisa and Mrs. Risko for having such a great function last weekend. Veolia, thank you for being the leaders in our Community for safety.

Mr. Perkins: Thank you, Mr. President. I would echo that for Veolia I know nothing worse than an OSHA
A-200 form up there with a couple of check marks that don’t need to be. I commend you on excellent performance and I am sure that all of the management staff as well as the employees contributed greatly to that overall success and Mrs. Lashway, 22 years, congratulations.

Mrs. Lashway: Thank you.

Mr. Perkins: Thank you, Mr. President.

President Greenbaum: Senator?

Mr. Dorsey: Nothing, thank you.

President Greenbaum: I would just too once again reecho the sentiments that I had at the beginning of the meeting thanking Mr. Russell and Mr. McDonnel for coming to our meetings and the rest of the people in the audience because it really does add to the Township. I know there are a number of people in the audience this evening who volunteer their time and a lot of time to the Township on different Committees and Boards and it is greatly appreciated. It was easy to come to our Council meetings when there were fireworks. It’s a lot harder now because it’s obviously not as entertaining, although I try to make it at least a little bit entertaining. With that I will take a motion to adjourn.

Mr. Perkins: So moved.

Mrs. Labow: Second.

AYE


ADJOURNMENT

Motion was made and seconded, all in favor and none opposed, the meeting was adjourned at 8:50 pm.


_________________________________
Robert J. Greenbaum, Council President

I, LISA M. LASHWAY, Township Clerk of the Township of Mount Olive do hereby certify that the foregoing Minutes is a true and correct copy of the Minutes approved at a legally convened meeting of the Mount Olive Township Council duly held on April 24, 2007.

_________________________________
Lisa M. Lashway, Township Clerk

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