TOWNSHIP COUNCIL PUBLIC MEETING MINUTES - May 11, 2010

The Public Meeting of the Mount Olive Township Council was called to Order at 9:35 President Tobey: We will begin with the Open Public Meeting Announcement as the Pledge of Allegiance and moment of reflection was earlier.

 

OPEN PUBLIC MEETINGS ACT ANNOUNCEMENT

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

 

ROLL CALL

 

Present: Mrs. Labow, Mr. Walsh, Mr. Mania, Mr. Perkins, Mr. Roman, Mr. Greenbaum and Mr. Tobey

 

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

 

President Tobey: The first item is a Resolution entitled:

•  Resolution Re: Waiver of Reading in Full of the 2010.

 

Mrs. Labow: So moved.

 

President Tobey: I'll second that.

 

ROLL CALL – Passed unanimously.

 

President Tobey: The second item is a Resolution entitled:

 

•  Resolution Re: Self Examination of Budget.

 

Mr. Mania: So moved.

 

President Tobey: Thank you, I'll second that. Any Council discussion, Mrs. Labow?

 

Mrs. Labow: Mr. Mania is new and Mr. Walsh isn't here right now but we did ask Mrs. Manacalsco…is that how you say it?

 

Mrs. Maniscalco: Maniscalco.

 

Mr. Roman: Manicotti.

 

Mrs. Labow: Manicotti…just a little clarification on what that is because it doesn't happen often.

 

President Tobey: Gary, could you please comment on that?

 

Gary Higgins: Yes, the Division of Local Government Services permits one out of every three years I believe, for you to self exam your budget. Meaning they don't go through the thorough, vigorous review that they typically do but it is making the CFO certify that certain conditions have been met and this is the year that you have basically the free ride from being under the scrutiny of the Division of Local Government Services. However, keep in mind that along with your CMFO, I did a system and preparation and did review it also. So, basically in my mind the budget is no different than it would have been prepared, if it was under the scrutiny of the Division of Local Government.

 

President Tobey: Thank you, any other questions? Roll call please.

 

ROLL CALL – Passed with the exception of Mr. Perkins who abstained.

 

Public Hearing on 2010 Municipal Budget

 

President Tobey: Next item is the Public Hearing on the 2010 Municipal Budget. Does anyone from the Public wish to be heard on such? Seeing none…

 

Mrs. Lashway: Are we closing the hearing or continuing the hearing or we continuing…

 

Mr. Higgins: Closing the hearing.

 

Mrs. Lashway: Closing the hearing and continuing adoption to the following ….

 

Mr. Higgins: Close the hearing and then I'll fill you in.

 

President Tobey: I am closing the hearing to the Public.

 

Mr. Higgins: Alright, based on a situation that we created for tax appeal purposes, a temporary emergency was passed earlier in the year and it's called a temporary emergency only because that's the name of the statue. It's really a supplemental appropriation, was passed by the governing body in the amount of $750,000. Before you can adopt the budget, we must fund that. The mechanism to fund that is by doing a refunding Ordinance under Title 40A:2-51 and what that means is we had to make application to the Local Finance Board to provide the funding of the supplemental appropriation and then pay off the tax appeals that you've already refunded to date which is approximately $550,000.00. You will pay them off over three years. So this was basically a way of a bridge loan up until the time of adoption. You'll see there was an add-on Resolution and Ordinance tonight which would eliminate the supplemental appropriation and we'll go to Trenton in early June. Once Trenton hopefully approves this action to fund the taxes that had been previously been repaid, you then at a subsequent meeting can adopt your budget. And that has to do with just the general current fund budget. There's a second situation with regard to the sanitation district budget where we are also going to Trenton next month for a tax levy waiver. You don't have enough tax levy power under the four percent cap to balance the sanitation district budget so we'll be seeking from the Local Finance Board a tax levy waiver for the sanitation district at the June meeting also. So that budget also must be held until after the Local Finance Board hearing.

 

President Tobey: Thank you Gary. Does anyone on Council have any questions, Mrs. Labow?

 

Mrs. Labow: I'm sorry, while Gary's here; I just wanted to ask you a question. At our last meeting I think it was, Rob had proposed or made a suggestion…I just want to make sure if this is the way it would happen. Let's just say for argument sake if the 2.5 % cap goes in next year or the year after, whenever. Let's say if sanitation is our only option to remove that and we brought in an outside vendor, would the cost of having an outside vendor come in to do sanitation, would that be in or out of the cap? Or we don't know because that hasn't been approved or parameters done?

 

Mr. Higgins: Whether you do it yourself or not, are you still going to keep the sanitation district? If you're going to retain the sanitation district, you're just trading salaries for a contractual service.

 

Mrs. Labow: And that would be in cap still?

 

Mr. Higgins: No, well you don't have an appropriation cap in the sanitation district. You only have a tax levy cap.

 

Mrs. Labow: Okay.

 

Mr. Higgins: So in the matter of who collects the garbage, whether it's employees or an outside firm, your still going to be subject to whatever tax levy cap exists or change, is changed to.

 

Mrs. Labow: Let me put it to you in another scenario. Let's say the Township; I know different Towns do it different ways. Let's say the Township says, okay we're… everybody has to pay for their own but you can only use this one company and everybody pays that company direct. How does that work in terms of the budget?

 

Mr. Higgins: You would not be providing the service anymore. They'd be dealing directly with the vendor.

 

Mrs. Labow: And you make it by statutory requirement that everybody does it direct so it would not be in cap at that point?

 

Mr. Higgins: You wouldn't need your sanitation district budget anymore for that purpose. It would go away.

 

Mrs. Labow: I just want a clarification on …

 

Mr. Higgins: Yeah, it would just be gone.

 

Mrs. Labow: Okay, thank you.

 

Mr. Higgins: Alright.

President Tobey: Any other questions?

 

Mrs. Lashway: I have a question. As far as the budget, are we going to continue it until after the meeting of the Local Finance Board in June or are we going to continue from meeting to meeting?

 

Mr. Higgins: It's got to wait until after June. The Public Hearing is done, you will just at a subsequent meeting put the Resolution on to adopt the budget and that cannot be done until such time as we go to the Local Finance Board. So there is no need to have it on any future Agenda until after the June meeting of the Finance Board.

 

Mr. Greenbaum: In between now and then we can amend the budget though?

 

Mr. Higgins: You can amend the budget now that you've had the Public Hearing.

 

Mr. Greenbaum: Right.

 

Mr. Higgins: Yes.

 

Mr. Greenbaum: Until we adopt it?

 

Mr. Higgins: That's correct.

 

APPROVAL OF MINUTES OF PREVIOUS MEETINGS

 

President Tobey: Alright, thank you. Moving on we have approval of the minutes of the previous meetings. Mr. Perkins, would you kindly move that?

 

Apr. 27, 2010 WS (all present)

 

Mr. Perkins: Yes Mr. President, I move for the approval of the April 27, 2010 Workshop meeting.

 

Mr. Mania: I'll second it.

 

President Tobey: It's been moved and seconded, all in favor?

 

Mrs. Lashway: Anybody opposed?

 

President Tobey: Anybody opposed?

 

ROLL CALL – Passed unanimously

 

CORRESPONDENCE

 

LETTERS FROM RESIDENTS/ORGANIZATIONS

 

•  Letter received April 26, 2010, from Leonard J. Artigliere, Esq., regarding a Notice of Claim initiated by Stephanie Shoemaker v. Mt. Olive Township and Budd Lake Volunteer Fire Department.

 

  1. Petition received April 27, 2010, from M.O.T.P.E.A., regarding lay-offs.

 

  1. Letter received May 4, 2010, from Carol Zanella regarding the decision to lay-off Diane Brochu.

 

  1. E-mail received May 5, 2010, from the Division of Parks and Forestry regarding Community Forestry Assistance Act.

 

5. Letter received May 7, 2010, from Andy-Matt, Inc., regarding the Turkey Brook Pathway Project.

 

6. Invitation received May 7, 2010, from Morris Tomorrow regarding participation in “McFlowertown” Award Program.

 

RESOLUTIONS / ORDINANCES / CORRESPONDENCE OTHER TOWNS

 

7. E-mail received April 23, 2010, regarding Ch. Rocky Top's Sundance Kid, a/k/a “Rufus”, is coming to the Morris County Library, Monday, May 10, 2010 .

8. E-mail received May 4, 2010, from the Town of Boonton, regarding a Resolution Opposing Senate Bill S-458, Transferring Municipal Tax Assessor and Tax Collector to the County.

 

9. Correspondence received May 7, 2010, from the Township of Rockaway containing Resolution #R10- 74, urging the State Legislature to Enact Legislation Containing Substantial Reforms to the Police and Fire Fighters Binding Arbitration Process.

 

DOT / DEP / LOI / HIG HLANDS / EPA

 

10. Letter received April 26, 2010, from the State of New Jersey, Department of Environmental Protection regarding No Further Action Letter , Kathleen Kohaut, 149 Stephens Park Road, Mt. Olive Township.

 

11. Letter received April 26, 2010 , from the State of New Jersey , Department of Environmental Protection regarding a request for a Highlands Applicability Determination and Water Quality Management Plan Consistency Determination for Flanders Well Station No. 2, Block 6802, Lot 1, Mt. Olive Township.

 

12. Letter received May 3, 2010, from Beattie Padovano, LLC regarding an Application for Amended Preliminary and Final Site Plan Approval for BL 6801, Lot 7 and BL 6800, Lots 7 & 9 (125 Bartley Flanders Road) and Application for Preliminary and final Site Plan Approval and Exemptions for BL 6800, Lot 9 (316 Route 206).

 

13. Letter received May 3, 2010, from Ron Melchoir regarding Public Notice of Application for various approvals for BL 6801, Lot 7 (360 Route 206).

 

14. Application received May 3, 2010, from Innovative Engineering regarding an Application for Highlands Preservation Area Approval for BL 6801, Lot 7 (125 Bartley Flanders Road).

 

15. Letter received May 3, 2010, from the United States Environmental Protection Agency regarding Grant information.

 

16. Letter received May 5, 2010, from the State of New Jersey, Department of Environmental Protection regarding acceptance of applications for the Green Acres Program.

 

17. Letter received May 7, 2010 , from the State of New Jersey , Department of Environmental Protection regarding No Further Action Letter, Grace Schaffer-Vivian, 101T Stedwick Drive, Mt. Olive Township.

 

18. Correspondence received May 7, 2010, from EcolSciences, Inc., on behalf of Mt. Olive Industrial Realty Co. LLC, regarding an Application for an Extension of Letter of Interpretation: Line Verification, BL 101, Lots 2 and 4, BL 107, Lot 3 (650 International Drive).

 

LEAGUE OF MUNICIPALITIES

 

19. E-mail received April 23, 2010, from the New Jersey State League of Municipalities, From Time to Time – A Quarterly Report on the Activities of the New Jersey League of Municipalities, January, 2010 - March 2010.

 

20. E-mail received April 26, 2010, from the New Jersey State League of Municipalities regarding Mayors Letters Clean Communities Funding Allocations.

 

21. E-mail received April 27, 2010, from the New Jersey State League of Municipalities regarding Governor's Letter and request for Support.

 

22. Registration information received April 29, 2010, from the New Jersey State League of Municipalities regarding a Seminar on: New Jersey Economy, Stabilizing, and Fiscal Problems Intensify.

 

23. E-mail received April 29, 2010, from the New Jersey State League of Municipalities regarding the NJ Economic Stimulus Act & Recovery Zone Bond Program.

 

24. E-mail received May 3, 2010 , from the New Jersey State League of Municipalities regarding a Hearing Scheduled on Municipal Homeowners Assoc. Issues.

 

25. E-mail received May 3, 2010, from the New Jersey State League of Municipalities regarding Mayors Newsline - May 2010.

 

26. E-mail received May 3, 2010, from the New Jersey League of Municipalities regarding corrected from Time to Time – A Quarterly Report.

 

27. E-mail received May 3, 2010, from the New Jersey State League of Municipalities regarding Final Notice – for League Professional Development Seminar.

 

28. E-mail received May 4, 2010, from the New Jersey State League of Municipalities regarding Key Municipal Issues Face Returning Legislature.

 

29. E-mail received May 5, 2010, from the New Jersey State League of Municipalities regarding Cancelled Seminar.

 

30. E-mail received May 6, 2010, from the New Jersey State League of Municipalities regarding the 12 th Annual League Baseball Appreciation Day.

 

31. E-mail received May 6, 2010, from the New Jersey State League of Municipalities regarding a Bi- weekly Federal Relations Update, Period Ending April 30, 2010.

 

32. E-mail received May 6, 2010, from the New Jersey State League of Municipalities regarding Updated CEUs, League Professional Development Program, “Ethics & Conflicts of Interest'.

 

33. E-mail received May 7, 2010, from the New Jersey State League of Municipalities regarding NJ Economy: Stabilizing Program.

 

UTILITIES

 

34. E-mail received May 6, 2010, from Verizon regarding FiOS TV programming changes.

 

35. Email received May 6, 2010, from Verizon regarding FiOS TV service program lineup.

 

COAH

 

36. E-mail received April 28, 2010 , from the Fair Share Housing Center regarding comments on Mt. Olive Township's Third Round Housing Element and Fair Share Plan.

 

37. Notice received May 3, 2010, from Byram Township Planning Board regarding the Public Hearing on the 2010 Amendment to the Housing Element and Fair Share Plan.

 

38. E-mail received May 4, 2010, from the State of New Jersey, Council on Affordable Housing ( COA H), regarding the end of the 45-day objection period.

 

DCA

 

39. E-mail received April 23, 2010, from the State of New Jersey, Department of Community Affairs regarding GovConnect Update.

 

MORRIS COUNTY

 

40. E-mail received April 30, 2010 , from the Morris County Planning Board on behalf of the New Jersey State Data Center, pertaining to the 2010 Census Enumerators-May 1, 2010.

 

41. E-mail received May 3, 2010, from the County of Morris regarding a Seminar from Morris County Green Table on “Trails – Funding the Way.”

 

MSA

 

42. Minutes received May 6, 2010, from Musconetcong Sewerage Authority meeting April 7, 2010.

 

FEDERAL GOVERNMENT

 

43. E-mail received May 4, 2010, from the National League of Cities regarding an emergency training program, “Crisis Leadership for Local Officials”, Philadelphia, PA, application deadline May 21, 2010.

 

44. E-mail received May 5, 2010, from the National League of Cities regarding an emergency training program, “Crisis Leadership for Local Officials”, Syracuse, NY, application deadline May 21, 2010.

 

ORDINANCES FOR PUBLIC HEAR ING

 

President Tobey: Moving on we have 44 pieces of Correspondence. Does anyone wish to discuss any? Seeing none, we're up to Ordinances for Public Hearing. I open the hearing to the public on:

 

Ord.#13-2010 Ordinance of the Township of Mount Olive, County of Morris, New Jersey Appropriating $250,000 for the Acquisition of Certain Property, Such Appropriation Consists of a $250,000 Green Acres Grant from the State of New Jersey Department of Environmental Protection.

 

President Tobey: Does anyone from the public wish to be heard on Ordinance #13-2010? Seeing none, I'll close it to the public and ask Mr. Mania to please move that.

 

Mr. Mania: Mr. President, I move for adoption and final passage of Ordinance #13-2010.

 

President Tobey: Is there a second?

 

Mr. Perkins: Second.

 

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

 

ROLL CALL – Passed unanimously

 

President Tobey: Ordinance # 13-2010 is passed on second reading, and I hereby direct the Clerk to forward a copy of same to the Mayor and publish the notice of adoption as required by law.

ORDINANCES FOR FIRST READING – (2 nd reading 5/25/2010)*

 

President Tobey: We're up to Ordinances for First Reading; second reading is on May 25, 2010.

 

Mrs. Maniscalco: Can I, just really quick…. Ordinance #15-2010, we have to wait to actually adopt that till after the Local Finance Board Meeting so it can't be adopted at the 5/25 meeting. Okay, just a heads up.

 

Mrs. Lashway: What's the date of the Local Finance Board meeting?

 

Mr. Higgins: I believe it's the second Wednesday, since tomorrow's the meeting for May; it's usually the second Wednesday if they stick with that type of program.

 

Mrs. Lashway: June 9 th ?

 

Mr. Higgins: June 9 th , so whatever meeting you have after that. You could then adopt that and that would be the same night, you could then adopt the budget, the general current fund and the sanitation.

 

Mrs. Lashway: Okay, so when we read the one for number fifteen we'll set the public hearing date for June 15, 2010.

 

Mr. Higgins: That's fine. Did you get that Pat?

 

President Tobey: The next item on the Agenda for First Reading is Ord. #14-2010, entitled:

 

Ord.#14-2010 Ordinance Amending the Mount Olive Township Municipal Code Establishing Chapter 215 Article IV Entitled “Mailbox Construction.”

 

President Tobey: Mr. Roman, would you please move that?

 

Mr. Roman: I move that Ord. # 14-2010 be introduced by title and passed on first reading and that a meeting be held on May 25, 2010 at 7:00 p.m. at the Municipal Building, 204 Flanders-Drakestown Road, Budd Lake, NJ for a public hearing, consideration of second reading and passage of said Ordinance and that the Clerk be directed to publish, post and make available said Ordinance in accordance with the requirements of the law.

Mr. Perkins: Second.

 

President Tobey: Thank you, it's been moved and seconded. Any Council discussion? Seeing none, roll call, please.

 

ROLL CALL – Passed unanimously

 

President Tobey: Okay, the next item on the Agenda for First Reading is Ord. #15-2010, entitled:

 

Ord.#15-2010 Refunding Bond Ordinance Providing for the Funding of an Emergency Temporary Appropriation Previously Adopted to Provide for the Payment of Amounts Owing to Taxpayers for Taxes Levied by the Township of Mount Olive, in the County of Morris, New Jersey, Appropriating $600,000 Therefor and Authorizing the Issuance of $600,000 Bonds or Notes of the Township for Financing the Cost Thereof.

 

President Tobey: Mr. Walsh would you please move that?

 

Mr. Walsh: I move that Ord. # 15-2010 be introduced by title and passed on first reading and that a meeting be held on June 15, 2010 at 7:00 p.m. at the Municipal Building, 204 Flanders-Drakestown Road, Budd Lake, NJ for a public hearing, consideration of second reading and passage of said Ordinance and that the Clerk be directed to publish, post and make available said Ordinance in accordance with the requirements of the law.

 

Mr. Perkins: Second.

 

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

Mrs. Labow: If Gary or Sherry could give us a little further explanation on this please.

 

Mr. Higgins: Yes, basically to date you've spent $550,000.00 of the supplemental appropriation for tax appeals. What's going to happen, this ordinance is going to supplant what you paid out of the current fund so when you approve the ordinance, that gives you the borrowing power to take a note or a bond out and you're going to write a check from the general capital fund against this ordinance. It's like a fire truck ordinance, it's the same thing but it's for tax appeals and you're going to pay that current fund. So what you paid out of current fund then goes away, you've been reimbursed and what we'll seek from Trenton is a three year pay out of the $600,000.00, the $200,000.00 a year to basically pay off these tax appeals. Where otherwise you'd have to put the whole $600,000.00 in the current year budget which would definitely be a hardship. So this is a way to basically defer the payout of the taxes over three years because many times these taxes just don't pertain to one year either. They're prior year taxes that are owed back from multiple years so the standard is a three year payout approval. So that's what's basically going to happen.

 

Mrs. Labow: Is this the end of the tax… is this the total sum?

 

Mr. Higgins: There's never an end to tax appeals. Basically just so everybody knows we are waiting on one larger one and this is a program that the Local Finance Board has really endorsed now. If you have more tax appeals once we pass the budget, you will now do an emergency appropriation and the terminology is kind of horrible but it's a supplemental appropriation whereby you would then pay the tax appeals off through the end of your calendar year and possibly have to go to Local Finance Board again, alright, in order to get them to approve the payoff of that emergency over multiple years. Otherwise you would be required to pay any emergency you do between after adoption of the budget and December 31 st in total in 2011. So if it was a large number you wouldn't want that hardship on the tax payers, you would ask for relief of a multiple year payout again. So this has just become a standard cycle in most Towns now that are busy with tax appeals. In fact, Woodbridge Township, the night of the public hearing they pass a million dollar emergency just to begin to start to pay tax appeals again. I mean it's just standard procedure now because one, you don't have a lot of surplus left, your reserve for tax appeals is low and that's the way it is. So this is the mechanism for multiple year payouts.

 

President Tobey: Thank you, any other Council discussion? Roll call, please.

 

ROLL CALL – Passed unanimously

 

CONSENT RESOLUTIONS AGENDA:

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

 

CONSENT RESOLUTIONS – R. Perkins

 

•  Resolution of the Township Council of the Township of Mount Olive RE: Employee Health Benefits

(Retirees).

 

•  Resolution of the Township Council of the Township of Mount Olive Relative to the “Budd Lake Beach

Family Camp-Out” Event.

 

•  Resolution of the Township Council of the Township of Mount Olive Authorizing the Release of

Performance Guarantees Posted for Exxon Corporation Located at US Highway 46 and Naughright Road.

 

•  Resolution of the Township Council of the Township of Mount Olive Establishing a Special Public

Meeting on Tuesday, May 18, 2010, for the Purpose of Adopting a Resolution in Connection with the Defeated School Budget.

 

•  Resolution of the Township of Mount Olive, in the County of Morris, New Jersey Making Application

to the Local Finance Board Pursuant to N.J.S.A. 40A:2-51 and 40A:4-20.

 

•  Resolution of the Township Council of the Township of Mount Olive Amending the 2010 Temporary

Budget for Current Fund.

 

•  Resolution of the Township Council of the Township of Mount Olive Authorizing a Person-to-Person

Transfer of Alcoholic Beverage License No. 1427-44-004-006 Owned by AVN Trading Company Inc. (Trading as Sandy's Liquors) to Esscala Trading Limited Liability Co. (Trading as Sandy's Liquors).

 

President Tobey: Moving onto Consent Resolutions, we have nine listed. Does anyone wish to move any to Non Consent?

 

Mrs. Lashway: Actually there's only seven.

 

President Tobey: I'm sorry, there're seven. Does anyone wish to move any to Non Consent? I'm going to move number eight to Non Consent. Mr. Perkins, would you kindly move the Consent Resolutions?

 

Mr. Perkins: Yes Mr. President, I move Consent Resolutions as submitted.

 

President Tobey: Thank you, is there a second?

 

Mr. Roman: Second.

 

PUBLIC PORTION ON CONSENT RESOLUTIONS - none

 

President Tobey: Does anyone from the public wish to be heard on any Consent Resolutions? Seeing none, roll call please with, the exception of number eight.

 

Mrs. Lashway: Roll call on numbers three through seven and nine.

 

Mrs. Labow: I just want to ask a question, the EMS one that you had, that's going to be Non Consent? It's not listed.

 

President Tobey: That's Non Consent, yes.

 

ROLL CALL – Passed unanimously

 

COUNCIL COMMENTS ON CONSENT RESOLUTIONS - none

 

RESOLUTIONS NON-CONSENT

 

President Tobey: The reason I asked for number eight to be moved to Non Consent, that's with regard to the additional vehicles for the Police department. It's my understanding that there are 30 something cars that the Police department has, is that correct?

Mrs. Maniscalco: I went back in the budget and I counted them, there are 43. I was close.

 

President Tobey: There are 43 Police cars, okay.

 

Mrs. Labow: Is it 43 cars that are actual Police cars Sherry? Or the 43 that they have on the roster because they do have cars that are repossessed not repossessed but confiscated. There's a difference in the number there. I'm sorry Mr. Tobey, I just know there's a …. because they have a whole list under their thing.

 

Mr. Perkins: There's some we're not supposed to know about.

 

Mrs. Labow: There are some that are undercover but there's also some that they take possession of for insurance purposes.

 

Mr. Mania: Yeah, they're drug related.

 

Mrs. Labow: It could be a lot of different things, not just drug…

 

Mrs. Maniscalco: I actually have the list because I make them update it every year for the budget. It's in the fleet maintenance section of the budget and that's where I added up the number and they have to indicate what department or division the cars are being used. And for all 43 they have a designation, in other words there's the Detective Bureau, Patrol, Communications, Captain, I could go on and on, so there is a designation for all 43 that are on this list.

 

President Tobey: So the bottom line is there are 43 Police cars no matter how we break it down in the Police department.

 

Mrs. Maniscalco: Yes.

 

Mr. Sohl: Police vehicles.

 

President Tobey: Excuse me?

 

Mr. Sohl: Police vehicles.

 

President Tobey: Police vehicles. Mr. Mania put something on the table before with regard to the Police force. I will go on the record now and say I do not support adding two more police cars and I would ask my fellow Council members to consider supporting me with that. I would also ask our Chief, Mr. Spitzer as the leader that he is to make due and I'm confident that he can with the fleet that he has. Any other Council comments? Does anyone from the public wish to be heard? Roll call, please.

 

Mr. Perkins: Roll call to?

 

President Tobey: Number eight.

 

Mrs. Lashway: To remove it from the Agenda or what are we doing?

 

Mr. Dorsey: You're voting subsistently on it.

 

Mrs. Maniscalco: Can I just clarify something please?

 

President Tobey: Please.

 

Mrs. Maniscalco: In the budget document there is money in the budget for the purchase of vehicles for the Police department. So are you saying that you don't want them to buy any vehicles at all and dictating to them how they can spend their budget money or…

 

President Tobey: I'm speaking specifically on these two vehicles to be replaced. I am not in favor of that.

 

Mrs. Maniscalco: Okay, but you're not saying that or are you saying that the Police Department cannot buy any vehicles this year?

President Tobey: I did not say that. I'm dealing with this issue right now.

 

Mrs. Maniscalco: I just want to clarify.

 

Mrs. Labow: I have a question actually to her question.

 

President Tobey: Please.

 

Mrs. Labow: It's all your fault Sherry.

 

Mrs. Maniscalco: Sorry.

 

Mrs. Labow: One of the reasons why they wanted to order the two cars is because there was a deadline. Now what is that deadline all about? I just want some clarification on that. May 15 th or something?

 

Mrs. Maniscalco: Ya, there's a May 15 th deadline. And normally how it works is um, there's a certain allotment of cars that you can purchase under state contract so they're trying to make sure that they're able to get the two that they want and or need by the deadline which I was advised this morning is May 15 th .

 

Mr. Greenbaum: How many cars did they have in their budget? New cars…

 

Mrs. Maniscalco: Two is all that's left Rob.

 

Mr. Greenbaum: There are two cars that are left in their budget?

 

Mrs. Maniscalco: Yes, that's…

 

Mr. Greenbaum: So basically what Mr. Tobey is saying that we reduce the fleet by the two patrol vehicles that were damaged and we simply buy two new cars. So in essence what Mr. Tobey is saying if he wants to do it, is to allow them to buy these two new cars but to take out, because of the deadline, to take out the two that are in the budget.

 

Mayor Scapicchio: That was going to be my suggestion. If the Council's pleasure is to not purchase…

 

Mr. Tobey: What's the difference?

 

Mayor Scapicchio: Well, the difference is they get them sooner.

 

Mr. Sohl: They get them now.

 

Mayor Scapicchio: They get them now. So if that's your intention Mr. Tobey, I suggest that you fund these two vehicles and take the two out of the 2010 budget.

 

Mrs. Maniscalco: That's what I was trying to get at.

 

Mrs. Labow: Okay, so they have a deadline to order because of the contract, the County thing.

 

President Tobey: Okay, so that's fine, so if there's Council support then the second part of this is, as you indicated, to take it out of the budget if the support is there. So okay, I'm fine with that proposal then. Could somebody please move Non Consent number eight?

 

Mrs. Labow: Are we going to amend this one or are we going to…

 

President Tobey: We're going to keep it “as is” and vote on it “as is” then.

 

Mrs. Labow: As is, then remove it from the other?

 

Mr. Perkins: That's later, that's during the budget…

 

Mrs. Labow: Alright, I just want to make sure, clarify it.

 

President Tobey: A budget amendment. So we're going to leave it as is. If someone…

 

Mr. Mania: Mr. President I'll move number eight.

President Tobey: Thank you, I'll second it.

 

Mrs. Maniscalco : Why are we amending the budget though, we've already got two cars in there? I'm missing…

 

Mayor Scapicchio : Because they're going to take two out of the budget.

 

President Tobey: Is there anyone from the public who wishes to be heard? Roll call please.

 

Mrs. Lashway: Just for clarification, Sherry if they pass this Resolution then are you going to have a budget amendment prepared to remove the other two from the budget that was introduced?

 

Mrs. Maniscalco: But if we're buying two, is this not the same two that we're going to be charging to the 2010 budget that we already have in the budget? So why would we be making an amendment?

 

Mr. Sohl: I mean, it's got to be noted somewhere that this is effectually out of the 2010 budget.

 

Mrs. Maniscalco: That's the only place it could come from so I'm confused as to why we're amending it.

 

Mr. Greenbaum: It actually makes a difference and I'll tell you why. I'll tell you why it makes a difference because there's money coming back with respect to these two vehicles so instead of…

 

Mr. Mania: Insurance money.

 

Mr. Greenbaum: Instead of, what they're doing is, agreeing to allow them to purchase these two vehicles using the insurance dollars and then removing as a line item from the budget…

 

Mr. Sohl: But there's not going to be enough…

 

Mrs. Maniscalco: But the money that we're getting is not going to be enough to cover the two vehicles Rob. We're only going to getting say, about $20,000.00 and the two vehicles are $52,000.00 plus striping, radios… so…

 

Mr. Greenbaum: You're telling us that they have two Police cars in their budget now…

 

Mrs. Maniscalco: Two is what they feel they can live with at this point through the budget cuts that were made.

 

Mr. Greenbaum: Hold on.

 

President Tobey: Sherry, I'm sorry. Just explain, what the rush is, why can't we take these out and just let the other two go, please?

 

Mrs. Maniscalco: The rush is that…

 

President Tobey: Because this is where the confusion is coming from.

 

Mrs. Maniscalco: Alright, so let's be clear, okay? Normally we fund four to five vehicles a year. That's what we have typically done. Okay, because of the budget reductions that were made, in speaking to Don this morning they feel they can only purchase two vehicles now out of their operating budget. The budget as is, the introduced budget that we did you know, a couple of weeks ago because there down two cars as a result of the accidents, flood damage, that I spoke to you about, their looking to replace those two cars. Do it sooner rather than later, there's a cut off to purchase under the state contract, May 15 th . There's not enough money in their temporary budget okay, to be able to buy these cars right now so in essence they want to buy the two that are already in the budget.

 

President Tobey: The bottom line is I want two cars not four. That's the bottom line issue here.

 

Mrs. Maniscalco: That's all they were going to buy Phil, anyway.

 

Mr. Dorsey: No, no, no, wait a minute Sherry. He wants two cars instead of four. Given what's in the budget, and given the Resolution which is number eight, what should he do to limit it to two rather than four?

 

Mr. Greenbaum: That's all that they can do, I understand what Sherry is saying. She's just increasing the temporary budget.

 

Mrs. Maniscalco: Yes, I'm not giving him additional funding.

 

Mr. Roman: So buy it now instead of later.

 

Mrs. Maniscalco: Buying it now instead of later. I'm not giving them additional funding, they're just buying the two that are already in the budget. It's just that they're doing it sooner rather than later.

 

Mrs. Labow: This makes it appear like they want to replace these two and then buy two more.

 

Mrs. Maniscalco: Yes, but the reality is if you do not want to do that, they get to two and that's all they get.

Mr. Dorsey: So Resolution number eight just increases the temporary budget?

 

Mrs. Maniscalco: You got it John. It doesn't give them any additional funding; it's in what they were allotted.

 

President Tobey: So we are taking out, just to confirm, we are taking out the two vehicles…

 

Mr. Sohl: No, they just stay there.

 

President Tobey: Hey look, your confusing me. At the end of the day I better see two cars and not four in that lot.

 

Mrs. Maniscalco: We're going to tell Mark he's got two cars and not four and he's allowed to buy them now as opposed to later, case closed.

 

President Tobey: Sherry, however we need to work it, two not four, okay, alright?

 

Mrs. Maniscalco: I got it.

 

Mrs. Lashway: We need somebody to make a motion.

 

Mr. Perkins: I make a motion that we approve Resolution to amend the temporary budget for two new Police cars.

 

Mr. Mania: Second.

 

President Tobey: Roll call, please.

 

ROLL CALL – Passed unanimously

 

President Tobey: We have Non Consent Resolution Number 10 and I have to be quite honest, Mr. Dorsey I couldn't read this…

 

Mr. Dorsey: Alright, the Resolution reads: (see page 13)

 

 

 

President Tobey: Thank you; I'll move Non Consent Resolution Number 10. Is there a second please?

 

Mr. Mania: Second.

 

President Tobey: Does anyone from the Public wish to be heard? Seeing none, any other Council comments, Mr. Greenbaum?

 

Mr. Greenbaum: John, a question for you on the wording of the Resolution. Why are we putting this out to any Election if we are going to fund them for what they're asking for in 2010 and 2011? Why not just cancel…

 

Mr. Dorsey: I'll answer the question. Because they have to meet at the moment. They cannot commit simply to withdraw the question and the issue which pending before the Court, whether it is General Election or Special Election. Mr. Taylor I think was satisfied with the Resolution I drew. He reached out to one other petitioner who was satisfied with it, several members of the First Aid Squads had input as it was being craftily drawn by myself.

 

Mr. Greenbaum: Okay, thank you.

 

Mrs. Labow: I just want to hear from the squads if you're in agreement with this.

 

Carol O'Neil: This is a tentative agreement like Mr. Dorsey said. Ken has to reach out to the other petitioners just to get their buy in. Just keep in mind that this budget for 2010 is at the reduced rate that we agreed upon. So therefore, it's very important for 2011 because we can't afford to take another cut. We need to stay status quo for 2011. If that's not the case then we would probably have to raise it back up to take that risk that we're going to be losing $20,000.00 or $30,000.00 in 2011.

 

Mr. Dorsey: That's another question Carol. You're satisfied with the Resolution? I read it to you…

 

Mrs. O'Neil: As of right now, yes I am.

Mr. Dorsey: Okay, good. You don't want to make it confusing for Mrs. Labow. She might miss the point.

 

Mrs. Labow: Excuse me, Mr. Dorsey that is uncalled for.

 

Mr. Dorsey: I don't want to make it confusing; I want you to understand that they agree with it.

 

Mrs. Labow: Okay, well I think you have a problem with understanding things.

 

President Tobey: Excuse me, any Council comments, Roll call, please.

 

ROLL CALL – Passed unanimously

 

President Tobey: Moving on…

 

Mr. Dorsey: Okay, you all have copies of the Resolution and there are two changes to it, which I made on my copy. In paragraph number three, it says “the site known as Blue Atlas for the Flanders area. And in paragraph number 12, if there is a need and or call for mutual aid HRMC shall be the first ambulance service called unless the Commander of the scene determines another ambulance service should be called and the Commander shall exercise his discretion.” So it leaves the mutual aid calls up to the discretion of the Commander of the scene.

 

President Tobey: Thank you, would someone please move Non Consent Resolution number 11?

 

Mr. Perkins: So moved.

 

Mr. Mania: Second.

 

President Tobey: It's been moved and seconded. Anyone from the Public?

 

Tom Shields, Brewster Place: Item number seven, The Township will only dispatch ambulances operated by Hackettstown. As per Gene Gast in Hackettstown, he would like and we would like a dual dispatch, a city wide dispatch for the area. So in other words, if the calls in Flanders have Flanders tones drop and Hackettstown going because they only have two members on their rigs where we're showing up with four and five for the extra help.

 

Mrs. Lashway: Could you suggest how it would be worded?

 

Mr. Shields: Dual dispatch.

 

Mrs. Lashway: Could you read the whole paragraph for me?

 

Mr. Shields: The appropriate Township, Budd Lake, if the calls in Budd Lake or Flanders, if the calls in Flanders.

 

Mr. Greenbaum: Just read the paragraph as you want it…

Mr. Dorsey: He doesn't have it because nobody discussed this with me when we were going over this.

 

Mr. Shields: Oh, I'm sorry.

 

Mr. Dorsey: I don't have a problem with what you say. How do you define dual dispatch?

 

Mrs. Lashway: Well, let him read…

 

Mr. Dorsey: Excuse me, he doesn't have it written. He has my Resolution in front of him.

 

Mr. Shields: How is it for Atlantic? How is it worded for Atlantic? It's worded the same way.

 

Mr. Dorsey: I don't know off the top of my head.

 

Mr. Shields: Basically, the Township… you could just eliminate item seven. It's a dispatch procedure. Why does a dispatch procedure need to be in a Resolution?

 

Mr. Dorsey: Gene, what do you say?

 

Mr. Gast: We're totally comfortable. If you want to eliminate number seven because we'll be the dispatch and what we even offered to the squads that we've welcomed their help for lifting, moving and everything else.

 

Mr. Dorsey: Well fine! It's agreeable to everybody. Nobody mentioned it to me before.

 

Mr. Gast: So we could just drop seven out because the dispatch protocol will be the same.

 

Mr. Dorsey: Alright, if you're satisfied, that's the end of it. Nobody mentioned it to me before. Seven is eliminated.

 

Mrs. Lashway: Ray should move it again as amended.

 

Mr. Perkins: I make a motion that Resolution number 11 has amended the adopted…

 

Mr. Roman: Second.

 

President Tobey: Any other comments? Any Council comments, Mrs. Labow?

 

Mrs. Labow: I have a question, I don't know if this could be answered this evening but as I understand it, Hackettstown is proposing renting the building at Drake Brook Park and that money is supposed to be put in a fund that's going to help offset cost for people who are uninsured. I know when Atlantic was here they had talked about not being able to collect something like a $100,000.00 in insurance benefits. Atlantic is looking to pay $1,700.00 a month or something. My question would be is it going to help out people who aren't insured or can't meet their deductible until the money runs out or is the Township making a commitment to pay that for everybody?

 

Mr. Dorsey: For various reasons this Resolution does not say “how the money that will be paid to the Township other than to reimburse the Township for the cost of the fuel that they take will be expended.” That is a question you'll have to decide a different day. It's not part of this Resolution.

 

Mrs. Labow: But it is part of…oh, it's not part of the actual contract with Hackettstown, it's just like a side deal?

 

Mayor Scapicchio: It's a policy decision that…

 

Mr. Dorsey: No, no, no… what is part of the contract is that Hackettstown is paying the amounts that are explicitly set forth. How the Township disperses that is for another day, for a different Resolution. Hackettstown will not be part of that Resolution.

 

Mrs. Labow: That's why I just want clarification because it was brought up at the meeting that, that's what was going to happen so I want to know… so basically the short and sweet answer is that they're just paying for the rent of that building and it has not been determined…

 

Mr. Dorsey: They are reimbursing us for fuel and they are making a monthly payment for rent. They have no interest in or control as to how the Township expends the money. That's why I say that issue is for another day.

Mrs. Labow: I just want to clarify it because it was mentioned earlier.

 

President Tobey: Thank you, roll call please.

 

ROLL CALL – Passed with the exception of Mrs. Labow who voted no.

 

President Tobey: Moving on, we're up to Motions. Mr. Mania, would you please move Motions one, two and three as presented?

 

  1. Approval of Raffle Application #2360 & #2361 for the NJ Civic Youth Ballet and Raffle Application #2362 for the Budd Lake First Aid and Rescue Squad.
  2. Approval of a Peddler's Permit for Laura Martin for Ice Cream Vending.
  3. Bill List .

 

Mr. Mania: I move for Approval of Raffle Application #2360 and #2361 for the NJ Civic Youth Ballet and Raffle Application #2362 for the Budd Lake First Aid and Rescue Squad. Do you want me to take them individually?

 

President Tobey: If you just want to say, I move Motions one through three as presented, that's acceptable to me.

 

Mr. Mania: Okay…I move…

 

Mr. Perkins: Second.

 

President Tobey: Moved and seconded, thank you. Does anyone from the Public have any questions with regards to the Bill List? Anyone on Council? Roll call please, on one through three.

 

ROLL CALL – Passed with the exception of Mrs. Labow who voted no on the Bill List.

 

ADMINISTRATIVE REPORTS

 

Mr. Sohl: I gave my jury duty in Morristown today.

 

Mrs. Labow: Yay.

 

Mr. Roman: Guilty.

 

President Tobey: Thank you.

 

Mr. Sohl: The world is safer.

 

OLD BUSINESS - none

 

NEW BUSINESS - none

 

LEGAL MATTERS - none

 

COUNCIL REPORTS

 

Recreation Liaison Report – none

Board of Health Report – none

 

Planning Board Report

Mr. Mania: We're having a Planning Board Meeting Thursday evening.

 

Open Space Committee Report – none

Legislative Committee Report – none

Pride Committee Report – none

Board of Education Liaison Report – none

 

Lake/Environment Issues Committee

Mr. Perkins: Quickly Mr. President, it's not much of a report it's just that the Lake Cleanup is this… on the 15 th . Starts at 9:00 a.m., we appreciate anybody who can come down and help. Thank you Mr. President.

 

President Tobey: Where is the gathering point?

 

Mrs. Lashway: 28 Sandshore Road

Safety Committee Liaison – none

Economic Development Committee Report – none

Library Board Liaison – none

Senior Citizen Liaison – none

Community Development Revenue Sharing – none

 

President Tobey: Any other reports? Anyone from the public, who's left? Any closing Council Comments?

 

PUBLIC PORTION - none

 

COUNCIL COMMENTS - none

 

ADJOURNMENT

 

Motion was made and seconded, all in favor and none opposed, the meeting was adjourned at 10:21pm.

 

_________________________________

Rob Greenbaum, Council Vice 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 June 15, 2010.

 

 

_________________________________

Michelle Masser, Deputy Township Clerk

 

mcm

 

 

 

 

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