COUNCIL PUBLIC MEETING MINUTES - May 10, 2011

The Public Meeting of the Mount Olive Township Council was called to Order at 8:42 pm by Council Vice President Roman.

 

OPEN PUBLIC MEETINGS ACT ANNOUNCEMENT

Mrs. Lashway: According to the Open Public Meetings Act, adequate notice of this meeting has been given to the Daily Record. Notice has been posted at the Municipal Building, 204 Flanders-Drakestown Road, Mount Olive Township, New Jersey and notices were sent to those requesting the same.

 

ROLL CALL

 

Present: Mr. Mania, Mr. Walsh, Mr. Roman, Mr. Perkins

 

Absent: Mr. Greenbaum, Mrs. Labow, Mr. Tobey

 

Also Present: Sherry Maniscalco, CFO; John Dorsey and Dominic DiYanni, Township Attorneys; Lisa Lashway, Township Clerk; William Sohl; Business Administrator

Vice President Roman: We are up to the Approval of Minutes of Previous Meetings.

 

APPROVAL OF MINUTES OF PREVIOUS MEETINGS

 

April 26, 2011, Workshop & Public Meeting (Mr. Perkins and Mr. Tobey Absent)

 

Mr. Mania: In the absence of Mrs. Labow, I will make a motion to approve those Minutes.

 

Vice President Roman: I'll second that. Roll Call.

 

ROLL CALL: Passed Unanimously with the exception, Mr. Perkins abstained.

 

 

CORRESPONDENCE

 

LETTERS FROM RESIDENTS/ORGANIZATIONS

 

  1. Newsletter received April 25, 2011, from The Land Conservancy of New Jersey regarding Outdoor Issues, April 2011. PDF Correspondence

 

  1. Letter received April 26, 2011, from the Millbrook Estates Home Owner's Association regarding Dangerous Intersection. PDF Correspondence

 

  1. E-mail received May 2, 2011, from Susan Zellman regarding Come to the Waterloo Music Festival. PDF Correspondence

 

  1. E-mail received May 3, 2011, from The Raritan River Collaborative regarding the Third Annual Sustainable Raritan River Conference. PDF Correspondence

 

  1. E-mail received May 3, 2011, from the National League of Cities regarding WIMG Annual Summer Conference. PDF Correspondence

 

RESOLUTIONS AND ORDINANCES OTHER TOWNS

 

  1. Resolution received May 5, 2011, from the Town of Boonton regarding a Resolution supporting the Proposed Amendment to the Open Public Records Law to Preserve its Original Intent.

 

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

 

  1. Letter received April 25, 2011, from the State of New Jersey, Department of Environmental Protection regarding Notice of Administrative Completeness for Goodland Country Club 66 kW Solar Electric System, Block 8300, Lot 16 (50 Drakestown Road) PDF Correspondence

 

  1. Letter received April 25, 2011, from the State of New Jersey, Department of Environmental Protection regarding Notice of Administrative Completeness for Fellowship Chapel Single Family Home, Block 7800, Lot 2 (70 Wolfe Road) PDF Correspondence

 

  1. Letter received April 27, 2011, from the State of New Jersey, Department of Environmental Protection regarding Letter of Interpretation for Applicant: Richard M. Bruno for Block 1201, Lot 2.02 (89 Crease Road). PDF Correspondence

 

  1. Letter received May 5, 2011, from the State of New Jersey, Department of Environmental Protection regarding Flood Hazard Area Applicability Determination for Robert Donnelly, BL 7000 Lot 80 (79 River Road). PDF Correspondence

 

  1. Letter received May 5, 2011, from the State of New Jersey, Department of Environmental Protection regarding Notice of Administrative Completeness for Fellowship Chapel Single Family Home, BL 7800 Lot 2 (70 Wolfe Road). PDF Correspondence

 

  1. Letter received May 5, 2011, from the PSE&G regarding Application for Highlands Applicability Determination. PDF Correspondence

 

  1. Letter received May 6, 2011, from Thomas Norkevich regarding Notification of Letter of Interpretation for BL 5800 Lot 17 (19 West Grover Street). PDF Correspondence

 

LEAGUE OF MUNICIPALITIES

 

  1. E-mail received April 20, 2011, from the New Jersey State League of Municipalities regarding April 20 #1 Interlocal. PDF Correspondence

 

  1. E-mail received April 21, 2011, from the New Jersey State League of Municipalities regarding Postal Regulations. PDF Correspondence

 

  1. E-mail received April 25, 2011, from the New Jersey State League of Municipalities regarding S2762, Update on S-2664/A-3766 and CEU Tracking System for League Conference SHUT DOWN. PDF Correspondence

 

  1. E-mail received April 25, 2011, from the New Jersey State League of Municipalities regarding NJLM Website Offers a Classified Ads Section. PDF Correspondence

 

  1. E-mail received April 26, 2011, from the New Jersey State League of Municipalities regarding Invitation to the 2011 NJ Governor's Conference for Women and Statement supporting Statutory Funding Compliance. PDF Correspondence

 

  1. E-mail received April 26, 2011, from the New Jersey State League of Municipalities regarding Order your 2011 Legislative Roster, Ethics & Conflicts of Interest Seminar and E-mail retention & Security Seminar. PDF Correspondence

 

  1. E-mail received April 27, 2011, from the New Jersey State League of Municipalities regarding Defeated School Budgets. PDF Correspondence

 

  1. E-mail received April 27, 2011, from the New Jersey State League of Municipalities regarding Proposed New Rule for Waiver of DEP Regulations, Three Days Left – CEU Tracking System for League Conference Session SHUT DOWN and 13 th Annual League Baseball Appreciation Day. PDF Correspondence

 

  1. E-mail received April 28, 2011, from the New Jersey State League of Municipalities regarding Two Days Left to claim your continuing education units from the 95 th Annual League Conference. PDF Correspondence

 

  1. E-mail received April 29, 2011, from the New Jersey State League of Municipalities regarding Month 25 of Economic Recovery: Where are we & where are we going? PDF Correspondence

 

  1. E-mail received April 29, 2011, from the New Jersey State League of Municipalities regarding Reminder of two upcoming League Seminars. PDF Correspondence

 

  1. E-mail received May 2, 2011, from the New Jersey State League of Municipalities regarding Mayors Newsline May 2011. PDF Correspondence

 

  1. E-mail received May 2, 2011, from the New Jersey State League of Municipalities regarding Sustainable Jersey Wins U.S. EPA Environmental Award. PDF Correspondence

 

  1. E-mail received May 2, 2011, from the New Jersey State League of Municipalities regarding May Grant Page Posted, Correcting the Census Count, HUD Posts Current Yr CDBG and Recently Signed Bills. PDF Correspondence

 

  1. E-mail received May 3, 2011, from the New Jersey State League of Municipalities regarding Sustainable Jersey Wins U.S. EPA Environmental Award. PDF Correspondence

 

  1. E-mail received May 3, 2011, from the New Jersey State League of Municipalities regarding Federal Disaster Assistance Info Available On-Line. PDF Correspondence

 

  1. E-mail received May 3, 2011, from the New Jersey State League of Municipalities regarding Limited Space. PDF Correspondence

 

  1. E-mail received May 3, 2011, from the New Jersey State League of Municipalities regarding Two Upcoming Seminars. PDF Correspondence

 

  1. E-mail received May 5, 2011, from the New Jersey State League of Municipalities regarding Affordable Land Preservation Tools. PDF Correspondence

 

MORRIS COUNTY

 

  1. E-mail received April 25, 2011, from The Morris County Economic Development Corporation regarding The 19 th Annual Partners in Economic Development Awards Luncheon. PDF Correspondence

 

  1. E-mail received May 4, 2011, from the Morris County Economic Development Corporation regarding Awards Luncheon. PDF Correspondence

 

  1. Minutes received May 4, 2011, from the Morris County Planning Board regarding the March 17, 2011 meeting. PDF Correspondence

 

MSA

 

  1. Minutes received May 5, 2011, from the Musconetcong Sewerage Authority regarding the April 6, 2011 meeting. PDF Correspondence

 

UTILITIES

 

  1. Letter received April 21, 2011, from Black & Veatch (AT&T) regarding AT&T Mobility Telecommunications Facility, Mountain View Way, Flanders, NJ 07836. PDF Correspondence

 

  1. Notice received April 25, 2011, from AT&T regarding NJ Customer Bill of Rights. PDF Correspondence

 

Vice President Roman: We are up to Correspondence. There are 38 pieces. Does anybody have any questions, comments? Seeing none, we are to Ordinances for Public Hearing. I open the hearing to the public on:

ORDINANCES FOR PUBLIC HEAR ING

 

Ord.#12-2011 Bond Ordinance Providing for the Acquisition of Property In and By the Township of Mount Olive, in the County of Morris, New Jersey, Appropriating $400,000 Therefor and Authorizing the Issuance of $380,000 Bonds or Notes of the Township to Finance part of the Cost Thereof.

 

Vice President Roman: Mr. Mania, can I get a…

 

Mr. Mania: Mr. President, I move for the adoption and final passage of Ord. #12-2011.

 

Mr. Perkins: Second.

 

Vice President Roman: It's been moved and seconded. Council discussion.

 

Mr. Perkins: Public, public Alex.

 

Vice President Roman : Okay, I open it to the public. Anyone from the public?

 

Nelson Russell, Budd Lake: Just a curiosity question. This is listed by block and lot. I don't

happened to have a tax map with me. Where is this property?

 

Mr. Dorsey: We're on a bond ordinance. Oh…

 

Mr. Walsh: He's asking where the property is.

 

Mrs. Maniscalco: This is related to the BASF issue that we discussed.

Mr. Dorsey: This is the 47 acres that has never been developed by BASF. It's vacant land and the Township is going to acquire it.

 

Mr. Nelson: Okay, thank you.

 

Vice President Roman: Is there anybody else from the public who wishes to be heard? Any Council? Seeing none, Roll Call.

 

ROLL CALL: Passed Unanimously

 

Vice President Roman: Ord. #12-2011 is passed on second reading and I hereby direct the Clerk to

forward a copy of the same to the Mayor and publish the notice of adoption as required by law. I open

the hearing to the public on:

 

Ord.#13-2011 Refunding Bond Ordinance of the Township of Mount Olive, in the County of Morris, New Jersey Providing for the Current Refunding of the 2013 Maturity Due on the New Jersey Environmental Infrastructure Trust Sewer Utility Bonds, Series 1993, Appropriating $700,000 Therefor and Authorizing the Issuance of $700,000 Sewer Utility Refunding Bonds or Sewer Utility Bond Anticipation Notes of the Township for Financing the Cost Thereof.

 

Mr. Walsh: Mr. Vice President, I apologize, if I could just interject here for a moment. I'd actually like

to table this ordinance if that is allowed. Let me tell you why. I don't know if I am going out of turn here

or not but I've spoke to a number of homeowners out in the community and a lot of them are very upset

about this and I don't blame them. There are, you know, we've talked about this, there are 320 EDUs

that were not sold and now the people who have sewer who were told what they would pay are now

expected to pay more years later and I just, I'm not happy with this at all and I think the Township, quite

frankly, we should investigate a way instead of making the town residents borrow to pay for this and the

Town owns these EDUs and if they do sell them, technically they can take the money and give these

people the money back but we all know how that works. They'll never get it back and I could be wrong

about that so I would like to discuss that but I just think that this is, it's just not right. It doesn't sit well

with me. I'm having a real problem with it and I think there needs to be more discussion about it and a

discussion about having Mount Olive cover this and over the years if they sell the EDUs, use that money

to pay it down. I'm not saying it is as simple as I am making it but I have a real problem with this so I

would like this issue at least tabled for now. Mr. Dorsey, if you could tell me the exact process or what

tabling does exactly. Does it make it so that we have to start all over again with a first reading?

 

Mr. Dorsey: Yes, yes, yes.

 

Mr. Walsh: Okay, that's fine with me.

 

Mr. Dorsey: Let me just tell you.

 

Mr. Walsh: Go ahead.

 

Mr. Dorsey: You can make a motion to table. There would have to be a second for it or you can make a

motion to continue the public hearing for a month. One thing I would tell you is that it's my

understanding that tomorrow the Local Finance Board is going to hear an application made by the

Township to approve, essentially what I would refer to as a stretching out…

 

Mrs. Lashway: Postponed. It's been postponed. It's not on the Agenda.

 

Mrs. Maniscalco: The application has been postponed. We had a conference call…

 

Mr. Dorsey: Well, make your motion. Make your motion to continue the Public Hearing for a month.

 

Vice President Roman: Sherry, when was the Finance Board meeting postponed to?

 

Mrs. Maniscalco: I don't have the exact date, Alex. Ed McManimon, Gary and myself had a conference

call as I emailed you all this afternoon and they postponed it for a month and as I said, they had some

other financial information they needed which I sent them this afternoon and right now it is postponed to

next month. I don't have the date of next month's Finance Board hearing off the top of my head.

 

Mr. Walsh: Well I would appreciate the Council's consideration of this. I'm not trying to put anybody

on the spot. I would just really appreciate it.

 

Mr. Dorsey: Well make a motion.

 

Mr. Perkins: I'll make a motion to carry it …

 

Mr. Walsh: I make a motion to postpone this, carry it for 30 days.

 

Mr. Perkins: Second.

 

Mrs. Lashway: For two meetings.

 

Mr. Walsh: For two meetings, okay, two meetings.

 

Mr. Perkins: Second, I second it.

 

Mr. Walsh: Thank you Councilman Perkins.

 

Vice President Roman: The motion has been moved and seconded. Can I get a Roll Call?

 

Mrs. Lashway: Mr. Mania?

 

Mr. Mania: Can we have some discussion prior to the vote?

 

Mr. Dorsey: Yes.

 

Vice President Roman: Yes, go ahead please.

 

Mr. Mania: My recollection of when this came up the last time, Mrs. Labow brought up the fact that

maybe we should consider selling the Combe Fill, putting it up for sale again and if that happens and

that property is developed, all the EDUs that are sitting there would be taken care of, would be sold so

we need to address that issue also.

 

Mr. Walsh: Good point. Good point.

 

Mr. Dorsey: Well, you know, it's unfortunate in a sense because two weeks ago we had bond counsel

here who is the one primarily in charge of this and I could never understand why we only lengthened it

by a relatively short period of years instead of for a longer period of years but take the Roll Call on

carrying it and in the next month you can explore these other possibilities.

 

Mr. Walsh: Thank you.

 

Vice President Roman: Mr. Perkins.

 

Mr. Perkins: And I think that will give the bond counsel along with our CFO some time to hear back

from the Division about whether, because if that is going to be postponed for a month then it gives us

some extra time to think about this.

 

Mr. Walsh: Right.

 

Mrs. Maniscalco: I mean, Alex, go ahead, I'm sorry.

 

Vice President Roman: Sherry, is there any consequences to carry it for another 30 days?

 

Mrs. Maniscalco: No, it's fine. We had agreed on the phone with the Division yesterday that we could

wait the 30 days. We didn't have a problem with it. I mean, remember, keep in mind, you know the

issue is that we have this debt in the final year which is 2013 that we are trying to deal with so we are

going long…

 

Mr. Dorsey: You're two years…

 

Mrs. Maniscalco: Excuse me Mr. Dorsey, we are going long before the Finance Board, long before we

have to.

 

Mr. Dorsey: You are two years ahead in term of addressing the immediate problem so go with your

motion.

 

Vice President Roman: Any other discussion?

 

ROLL CALL: Passed Unanimously to CONTINUE TO JUNE 14, 2011, Public Meeting

 

Vice President Roman: Thank. Ord. #13-2011 has been carried forth for 30 days. We are on to…

 

Mr. Mania: Two meetings.

 

Vice President Roman: Two meetings, correct.

 

Mrs. Maniscalco: Alex, could I just, I mean I just want to get an idea where you want to go from here. I

mean do you want to bring, I mean do you want me to talk to Gary and Ed McManimon and have them

come out again to discuss it?

 

Mr. Dorsey: You know what? I'll write them a memo because I know the questions they want raised.

 

Mrs. Maniscalco: Yeah, I'm aware of what they are too. I'm just trying to figure out what process you

want to use moving forward. Are you looking for them to come back, Pat?

 

Mr. Walsh: Look at who?

 

Vice President Roman: Bond counsel.

 

Mrs. Maniscalco: For the auditor and bond counsel to come back to talk about the issue.

 

Mr. Walsh: I believe so. If you would give me a day or two to decide. As I looked at this evening, I've

heard a lot of people over the last few days bring up very good points and I just don't feel like, I feel like

we are rushing into a decision here not purposely but we are and I just want to have a few days to decide

that. So we'll talk.

 

Vice President Roman: Just as a point of information, that will be carried over to June 14 th . Okay,

we're on to, I open the, we're on to our next ordinance. I open the hearing to the public on:

 

Ord.#14-2011 An Ordinance of the Township of Mount Olive, County of Morris, State of New Jersey Amending a Portion of Chapter 215, Streets and Sidewalks, Article I, Street Openings, Section 215-4, Cash Deposit; Bond; Fees, of the Revised General Ordinances.

 

Vice President Roman: Anyone from the public? Seeing none, Mr. Walsh.

 

Mr. Walsh: I would like to move for adoption and final passage of Ord. #14-2011.

 

Mr. Perkins: Second.

 

Vice President Roman: It's been moved and seconded. Any Council discussion? Seeing none, Roll

Call.

 

ROLL CALL: Passed Unanimously

 

 

Mr. Walsh: Mr. Vice President?

 

Vice President Roman: Yes.

 

Mr. Walsh: If I may, we kind of, would it be appropriate at this time to have public discussion on the one that I

moved out, asked to be moved out two meetings or is that really, can we just bring that up later.

 

Mr. Dorsey: No, we've passed that.

 

Mr. Walsh: Okay, so just move on. Alright thank you. If anyone wants to say anything, they can say it.

 

Mr. Dorsey: No, we've passed that. It's carried.

 

Mr. Walsh: I hear you.

 

Vice President Roman: Ord. #14-2011 is passed on second reading and I hereby direct the Clerk to

forward a copy of the same to the Mayor and publish the notice of adoption as required by law. We are

up to our Optional Public Portion. Anybody from the public?

 

OPTIONAL PUBLIC PORTION

 

Nelson Russell, Budd Lake: I would like to ask a question on Ord. #13. People that are in the Budd Lake

sewer system had the option to prepay the interest.

 

Mr. Dorsey: No, they didn't have the right to prepay. They had the right to…

 

Mrs. Maniscalco: They could pay it up front or they could pay it over 15 years.

 

Mr. Russell: Right.

 

Mrs. Maniscalco: Yes.

 

Mr. Russell: Is that the connection fee or is that the bond, I mean that…

 

Mrs. Maniscalco: The connection fee was the original assessment.

 

Mr. Russell: Right.

 

Mrs. Maniscalco: And then there's the quarterly charge.

 

Mr. Dorsey: Mr. Nelson.

 

Mr. Russell: If I go ahead and prepay that, would I then be…

 

Mr. Dorsey: Mr. Russell, I want to explain something to you. People did have the right to prepay the

assessment which was placed on their, 1999?

 

Mrs. Lashway: Right.

 

Mr. Dorsey: What this ordinance deals with is not that assessment. This ordinance deals with the fact that the

Township overestimated, I guess that's right, overestimated the number of EDUs and the EDUs were not all

assigned and collected for so that leaves a gap of about 330 EDUs times $10,000, $3.3 million that now must

be made up. It's different and separate and apart from the original assessments.

 

Mr. Russell: Will that extend my payments?

 

Mr. Sohl: No.

 

Mr. Dorsey: Well the answer is that this, the answer is, so you understand it, it is going to extend your payment

in that you are going to be paying something, amounts that you were not originally assessed for but have to now

but the Township, the system has to make up that money for the very simple reason that the bonds that it

borrowed on have now, will come do in the year 2013.

 

Mrs. Maniscalco: Your connection fee is going to remain the same but you are going to see an increase in your

quarterly charge.

 

Mr. Russell: It's just going to work into the quarterly charge?

 

Mrs. Maniscalco: The quarterly charge.

 

Mr. Russell: Thank you.

 

Mr. Dorsey: Do you understand that?

 

Mr. Russell: No, but I'll address it offline.

 

Mr. Dorsey: I don't know what that means.

 

Vice President Roman: Anyone else from the public?

 

Lou Guido, Alcrest: Is it going to be just for the Budd Lake sewer system or is all of…

 

Mr. Dorsey: It is just for the Budd Lake sewer system.

 

Mr. Guido: Because in the paper it kind of…

 

Mr. Dorsey: The Budd Lake Sanitary Sewer System was financed through major loans taken out with the

Wastewater Trust Fund. They have a due date when the balance on those loans are due. The Township has

made all of the payments against those loans that have come due but looking forward, it is clear that the

Township does not have a stream of revenue from 330 EDUs to pay off the final years of that bond.

 

Mr. Guido: I understand the problem. I'm concerned about the Budd Lake sewer people, the people in the

Budd Lake sewer system have financed the Cloverhill, you know that was discussed at one of the prior Council

meetings.

 

Mr. Dorsey: No, no, I don't understand that to be true.

 

Mrs. Maniscalco: The proposed, the study that was done, the proposed increases are for everybody in the

system.

 

Mr. Guido: Every, not just the Budd Lake system.

 

Mrs. Maniscalco: Everybody, no, everybody. That's the proposal.

 

Mr. Guido: The increases are not just the Budd Lake sewer system. They're for everybody in the sewer system

in Mount Olive, correct?

 

Mrs. Maniscalco: Yes, we were looking…

 

Vice President Roman: Yes, we are going to spread it out amongst everybody.

 

Mrs. Maniscalco: Everybody.

 

Mr. Guido: Okay, thank you.

 

Vice President Roman: And I know the discussion comes up before as to why this sewer system has to pay for

the other sewer system and, you know, I'm sure we discussed this before at length but it's, you know, we've

been subsidizing what, Wyndham Pointe, for awhile.

 

Mrs. Maniscalco: Yes, we have. We have.

 

Vice President Roman: One system has benefitted by having those expenses spread around the other systems

and now it is time to likewise for the other systems to…

 

Mr. Mania: Reciprocate.

 

Vice President Roman: Exactly, reciprocate.

 

Mr. Walsh: Well the bottom line, I just need to make sure everybody understands why I brought this up. The

bottom line is, many years ago the Township did a bunch of due diligence and it turns out that it was wrong and

that the people who were in the sewer system were given numbers that, I'm not saying anyone did it purposely

but it was done wrong and now 12 years later, the Township is basically saying, ooops, we gotta charge you

some more.

 

Mr. Dorsey: Well you know that is not entirely, wait a minute, Pat, that is not entirely a correct statement.

 

Mr. Walsh: Okay.

 

Mr. Dorsey: It is the engineer who designed the system to accommodate, I forget the total number, but we are

330 less sold than he had. So it wasn't anybody here that did that. It was the engineer who designed the system

with more EDUs in it than have been purchased or will be purchased in the last 15 years. Some of the reasons

have nothing to do with anything the Township ever did. They have to do with the Highlands Act which put a

limitations and restrictions on development. So some people that own property that could have been developed

with EDUs were on the Budd Lake Sanitary Sewer System can now not develop their property and use EDUs.

So it is very complicated. It is not right to say anybody up here did anything wrong.

 

Mr. Walsh: Okay.

 

Vice President Roman: There was not an error. At that time when the sewer system was developed, it was

anticipated that it would take up a certain number of EDUs and based on the amount of land available for

development there was more than, there was more than enough EDUs to be sold. As soon as the Highlands

came in, it took out a big huge swath of land that could no longer be developed. So those EDUs could no longer

be sold to that system and it was hopefully that when Combe Fill North might have been developed that they

could have purchased the EDUs and I remember having a discussion that we might not even have enough EDUs

in that system to be able to accommodate them and we were actually scrambling trying to see if we could pull

from somewhere else. Unfortunately, that deal fell through so it's not that somebody made a mistake, it's that

the State of New Jersey came in with the Highlands, kicked our feet out from under us and now, unfortunately

that burden has to be spread around. Mr. Perkins.

 

Mr. Walsh: I think that's, go ahead. Go ahead. You, he, you, he, you've got the floor. If I could be next.

 

Mr. Perkins: Alright thanks. That's up to him. Thank you Mr. Vice President. I just wanted to clarify just a

couple of things, obviously I've been sitting here long, my hair is getting gray. If the K Hovnanian project

which was adequately called Four Seasons in Mount Olive which was to be built on the now Simoff property

which I believe is approximately 300 dwelling units that are going to go in there, that still has the potential to go

forward. Those plans have already been through the Planning Board.

 

Mr. Mania: That's correct.

 

Mr. Perkins: Alright so, if, that's just a matter, Pat, you and I are both in real estate and building, if that project

ever gets built, those 300, close to those 320-330 EDUs could be, theoretically could be taken there. What's

happened here is we don't know that to be the fact and the bonds become due in 2013. So the bonding coming

due, we have an option now of what do you do that you can't meet your bond obligation and anybody that's in

finance, you know that you've got to meet the obligation. You've got to pay the bond so we've tried now to go

back to the Division of Finance and say, can we re-bond this out a little bit longer to try to soften the blow

somehow and get this thing done and we don't know that they are going to allow us to do it because at this point

they are not real fond on extending. You know you've got to bond, it's a certain amount of time they expect

repayment. They are not real fond of you going back out and stretching it. So that's been put off for a month. I

applaud, Pat, for what he's done, for us to come and let's carry over this thing for two more meetings. There's

still more work that needs to be done at the State. I think we need to find out what is happening with other

developments but the fact is that those 320 sooner or later are going to get used up.

 

Mr. Walsh: Right, I agree with you, Mr. Perkins, on that and, can I be next?

 

Vice President Roman: Yes.

 

Mr. Walsh: And with all due respect again, Mr. Roman, I just, when the public is looking up here and you

hear, well the engineer could be blamed or the Highlands could be blamed, it kinda looks like everybody is

doing one of these (pointing fingers) and who is going to pay? You and I just, I think that we need to look at

this some more and I'm not comfortable at this point that I'm ready to go forward and..

 

Vice President Roman: And at the time that those EDUs get sold, the people that will benefit from that will be

the same users of the system. It's not going into the General Fund.

 

Mr. Walsh: I hear you but…

 

Vice President Roman: So hopefully that will happen sooner rather than later.

 

Mr. Walsh: I don't blame the public for being skeptical about that.

 

Mr. Mania: And again, it behooves us to put that property, Combe Fill, up for sale again.

 

Mr. Dorsey: I will tell you one other thing, I think there were 130 of the 330 that were allocated to a school.

I'm not sure but it's in the Budd Lake area. What school would that be?

 

Mr. Walsh: Chester M. Stephens or…

 

Mr. Dorsey: They were simply given.

 

Mrs. Maniscalco: The School District, yes. It's really not 300 that are unissued. It's 300 whatever that are

unissued and/or unpaid so okay because we did give an allotment to the School.

 

Mr. Dorsey: Well 130 of those went to the Chester, is that the name of it? Chester Stephens.

 

Vice President Roman: Miss Gadelha has indicated Sand Shore.

 

Mr. Walsh: Sand Shore so the Town basically saved money off of that.

 

Mr. Dorsey: At that time, at that time the question was raised, are you going to bill the Board of Education. I

remember it would have been a significant number and the answer was no. That's only taking money out of one

pocket and putting it in the other of the taxpayer.

 

Mr. Walsh: Right and I understand that. I do.

 

Mr. Dorsey: I just note that because you are going to find that you don't have 330, you actually have, I'm

going to say 200.

 

Mr. Walsh: Wow, so the users are paying for that, okay.

 

Mr. Dorsey: Now we have to go on. We've adjourned that for two weeks (June 14, 2011, meeting).

 

ORDINANCES FOR FIRST READING (2 nd reading – May 24, 2011)

 

Vice President Roman: We are on to Ordinance for First Reading with a second reading of May 24, 2011:

 

Ord.#15-2011 Bond Ordinance Amending Section 3(m) of Bond Ordinance #11-2001, as Supplemented by #6-2002, as Amended by #30-2005 of the Township of Mount Olive, in the County of Morris, New Jersey Finally Adopted May 8, 2001, as Supplemented March 12, 2002, as Amended August 23, 2005, Respectively, in Order to Provide for the Construction of a Vehicle Fuel System.

 

Vice President Roman: Mr. Perkins.

 

Mr. Perkins: Thank you Mr. Vice President. I move that that Ord. #15-2011 be introduced by title and passed

on first reading and that a meeting be held on May 24, 2011 at 7:00 p.m. at the Municipal Building, 204

Flanders-Drakestown Road, Budd Lake, NJ for a public hearing, consideration of second reading and passage of

said Ordinance and that the Clerk be directed to publish, post and make available said Ordinance in accordance

with the requirements of the law.

 

Mr. Mania: I'll second it.

 

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

 

ROLL CALL: Passed Unanimously

 

Mr. Dorsey: Alright, let me jump in, before you will have the first reading of:

 

Ord.#16-2011 An Ordinance of the Township of Mount Olive Vacating a Portion of Bridle Lane Situated Between Lot 1 Block 1102 and Lot 3 Block 1100.

 

Vice President Roman: It's been moved. Can I get a second?

 

Mr. Mania: Second.

 

Vice President Roman: Any Council discussion? Seeing none…

 

Mr. Perkins: Wait, was this considered First Reading Mr. Dorsey?

 

Mr. Dorsey: Yes, yes.

 

Mr. Perkins: Should we read the entire statement for that? No, we don't need that. I just gave you,

we'll do it by title.

 

Mr. Perkins: By title, okay? Thank you. Second.

 

Vice President Roman: It's been moved and seconded, can I get a Roll Call?

 

ROLL CALL: Passed Unanimously

 

Vice President Roman: We are up to Consent Resolutions:

 

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.

 

Vice President Roman: There are five Consent Resolutions. Does anyone wish to move one to Non-Consent? Seeing none, Mr. Walsh please.

 

CONSENT RESOLUTIONS

 

  1. Resolution of the Township Council of the Township of Mount Olive Authorizing a Settlement with Royal Crusader Tax Lien Service.

 

  1. Resolution of the Township Council of the Township of Mount Olive in Opposition to Senate Bill No.

1351.

 

  1. Resolution of the Township Council of the Township of Mount Olive Authorizing a Dedication by Rider for Municipal Alliance on Alcoholism and Drug Abuse.

 

  1. Resolution Authorizing Capital Budget Amendment for Acquisition of Properties.

 

•  Resolution of the Township Council of the Township of Mount Olive Authorizing a Lease of Township Property for Farming Purposes on Block 8300 Lots 3 and 4 and Block 900 Lot 1.

 

Mr. Walsh: I move the Consent Resolutions 1-5.

 

Vice President Roman: It's been moved and seconded.

 

Mrs. Lashway: Who seconded it?

 

Mr. Perkins: Second.

 

Vice President Roman: Is there anyone from the public who wishes to be heard on the Consent Resolutions?

 

PUBLIC PORTION ON CONSENT RESOLUTIONS

 

Vice President Roman: Seeing none, any Council comments? Mr. Perkins.

 

COUNCIL COMMENTS ON CONSENT RESOLUTIONS

 

Mr. Perkins: Thank you Mr. Vice President. On Consent Resolution #2, although I do agree with some parts, I can't in good faith and consciousness vote to deny people access to government records. So, that one I will be voting no on.

 

Mrs. Lashway: It's not on records. It's amending the Open Public Meetings Act. It's not OPRA.

 

Mr. Perkins: OPRA, right?

 

Mrs. Lashway: No, it's the Open Public Meetings Act.

 

Mr. Perkins: I thought this had to do with records.

 

Mrs. Lashway: No, it doesn't. It has to do with the Open Public Meetings Act.

 

Mr. Perkins: Thank you for clarifying it.

 

Vice President Roman: Roll Call.

 

ROLL CALL: Passed with the exception Mr. Perkins voted No on #2

 

RESOLUTIONS NON-CONSENT

 

PUBLIC PORTION ON INDIVIDUAL RESOLUTIONS

 

COUNCIL COMMENTS ON INDIVIDUAL RESOLUTIONS

 

ROLL CALL

 

Vice President Roman: Okay, we have two Motions. Mr. Mania.

 

MOTIONS CONSENT

 

•  Approval of Raffle Application #2400 for the Morris County Arts Workshop & Raffle Application #2401 and #2402 for OES #107 Order of Eastern Star.

•  Bill List. PDF Bill List

 

Mr. Mania: Mr. Vice President, I move one and two Consent Motions.

 

Mr. Perkins: Second.

 

Vice President Roman: Roll Call.

 

ROLL CALL: Passed Unanimously

 

Vice President Roman: We are up to Administrative Reports. Mr. Sohl, anything?

 

Mr. Sohl: Nothing right now.

 

ADMINISTRATIVE REPORTS

 

Vice President Roman: Any Old Business?

 

OLD BUSINESS

 

Vice President Roman: Any New Business?

 

NEW BUSINESS

 

Vice President Roman: Legal Matters.

 

LEGAL MATTERS

 

Mr. Dorsey: I would just say that, not going into great detail, but the transaction between the Township, BASF and the FTZ, all the pieces of the puzzle in terms of contracts, etc., have now been put into place.

 

Vice President Roman: Thank you. We are up to Council Reports. Does anybody have any Reports?

 

COUNCIL REPORTS

Recreation Liaison Report – A. Roman

Board of Health Report – R. Perkins

Planning Board Report – J. Mania

Open Space Committee Report – C. Labow

 

Vice President Roman: Miss Labow submitted her report via email. I will read her Open Space Report. “ The Open Space Committee will be hosting a trail blazing event for the next two Saturday mornings, May 14th and May 21st from 9 am to noon. They will be meeting at the maintenance garage located behind the Mt. Olive High School. Everyone is invited to come and help with the trail blazing! Kathy Murphy was able to secure a $6,000. trail grant which will be used to purchase supplies needed to develop the trails, signs, posts, and other supplies needed. The committee is very happy to report that the volunteer group for the trail blazing is growing and we would like to encourage more people to come out and help and take the opportunity to enjoy the beauty of our magnificent trail system. On Thursday, May 26th, from 4 to 6 pm, there will be a dedication/celebration at Shop Lane (Senior Citizen Center if it is raining) for the Rezimer property acquistition. All are welcomed to attend!”

 

Legislative Committee Report – P. Walsh

Pride Committee Report – C. Labow

Board of Education Liaison Report – A. Roman

Lake/Environment Issues Committee – R. Perkins

Safety Committee Liaison – R. Perkins

Economic Development Committee Report – P. Walsh

Library Board Liaison – R. Greenbaum

Senior Citizen Liaison – J. Mania

Community Development Revenue Sharing – R. Perkins

 

Vice President Roman: Now we are up to our last Public Portion.

 

Mr. Sohl: Wait, they've got to change the tape (video).

 

Vice President Roman: It's going to be real quick. Do you have two minutes there?

 

High School Student: It's a little less than one.

 

Vice President Roman: Go ahead and change it. We'll make it quick. Any public? No one from the Public.

 

PUBLIC PORTION

 

Vice President Roman: Any Council Comments?

 

COUNCIL COMMENTS

 

Vice President Roman: Seeing none, can I get a motion to adjourn?

 

ADJOURNMENT

 

Vice President Roman: Motion moved and seconded, all in favor? The meeting is adjourned (9:11 pm).

 

 

______________________________

Phil Tobey, Council President

 

I, Lisa Lashway, Township Clerk of the Township of Mount Olive do hereby certify that the foregoing Minutes is a true and correct copy of the Minutes approved at a legally convened meeting of the Mount Olive Township Council duly held on May 24, 2011.

 

 

_________________________________

Lisa Lashway, Township Clerk

 

 

lml

 

 

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