COUNCIL PUBLIC MEETING MINUTES - May 24, 2011

 

The Public Meeting of the Mount Olive Township Council was called to Order at 7:03 pm by Council President Tobey.

 

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. Greenbaum, Mrs. Labow, Mr. Mania, Mr. Roman, Mr. Tobey

 

Absent: Mr. Perkins, Mr. Walsh

 

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

 

President Tobey: We are up to the Approval of the Minutes of the Previous Meetings. Mr. Greenbaum, would you kindly move them as presented?

 

APPROVAL OF MINUTES OF PREVIOUS MEETINGS – R. Greenbaum

 

May 10, 2011, Workshop & Public Meeting (Mr. Greenbaum, Mrs. Labow and Mr. Tobey Absent)

 

Mr. Greenbaum: So moved.

 

Mrs. Labow: Second

 

President Tobey: It's been moved and seconded. Roll Call please?

 

ROLL CALL: Passed with the exception, Mr. Greenbaum, Mrs. Labow and Mr. Tobey abstained.

 

CORRESPONDENCE

 

LETTERS FROM RESIDENTS/ORGANIZATIONS

 

  1. E-mail received May 11, 2011, from Toys R Us regarding Toys R Us NJ Distribution Center Installs North America's Largest Solar Rooftop System. PDF Correspondence

 

  1. E-mail received May 11, 2011, from the Sustainable Raritan River Initiative regarding Correction Date for the Raritan River Float. PDF Correspondence
  1. E-mail received May 17, 2011, from Downtown New Jersey regarding a Special Complimentary Program. PDF Correspondence

 

  1. E-mail received May 19, 2011, from Nisivoccia LLP regarding the “New” Library Tax. PDF Correspondence

RESOLUTIONS AND ORDINANCES OTHER TOWNS

 

  1. Letter received May 13, 2011, from the Borough of Stanhope regarding Chapter 100 Ordinance regarding Land Use. PDF Correspondence

 

  1. Resolution received May 17, 2011, from the Borough of Lincoln Park regarding Flood Damage Prevention. PDF Correspondence

 

  1. Resolution received May 20, 2011, from the Township of Chester regarding Support to the Amendment to the Open Public Records Law to Preserve It's Original Intent. PDF Correspondence

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

 

  1. Letter received May 9, 2011, from the State of New Jersey, Department of Environmental Protection regarding Mount Olive Center Associates, C/O Simoff Engineering Associates for BL 4100, Lots 80,84,87 & 88. (67, 73, 95 Route 46 and 48 Old Budd Lake Road). PDF Correspondence

 

  1. Wetland Delineation Report received May 9, 2011, from Thomas Norkevich regarding Block 5800, Lot 17 (19 West Grover Street). PDF Correspondence

 

  1. Letter received May 13, 2011, from the State of New Jersey, Department of Environmental Protection regarding Notice of Intent to Terminate for Cherokee Trading Post (67 Route 46). PDF Correspondence

 

  1. Letter received May 16, 2011, from PSE&G regarding Highlands Applicability Determination. PDF Correspondence

 

  1. Letter received May 16, 2011, from the State of New Jersey, Department of Environmental Protection regarding Lake Hopatcong Water Level Management Plan. PDF Correspondence

 

  1. Public Hearing Notice received May 16, 2011, from New Jersey Transit regarding Fiscal Year 2011 Request for Federal Financing Assistance. PDF Correspondence.

 

  1. Letter received May 19, 2011, from PSE&G regarding Highlands Applicability Determination, Right of Way Vegetation Maintenance. PDF Correspondence

 

  1. Letter received May 20, 2011, from the State of New Jersey, Department of Environmental Protection regarding Request regarding Public Meeting for SSA in Morris County. PDF Correspondence

 

  1. Letter received May 20, 2011, from the State of New Jersey, Department of Transportation regarding receipt of notice for Block 6800, Lot 11. PDF Correspondence

 

LEAGUE OF MUNICIPALITIES

 

  1. Registration Form received May 11, 2011, from the Morris County League of Municipalities regarding the Planetarium Show and Dinner.

  1. Legislative Bulletin received May 13, 2011, from the New Jersey State League of Municipalities regarding Bills that were Enacted as Public Laws of 2011. PDF Correspondence

 

  1. E-mail received May 16, 2011, from the New Jersey State League of Municipalities regarding S2975 Passes SCU. PDF Correspondence

 

  1. E-mail received May 16, 2011, from the New Jersey State League of Municipalities regarding Mandates Website Changes. PDF Correspondence

 

  1. E-mail received May 16, 2011, from the New Jersey State League of Municipalities regarding S-2762 Commercial & Industrial Property Tax Refunds Released from Committee. PDF Correspondence

 

  1. E-mail received May 16, 2011, from the New Jersey State League of Municipalities regarding League's Website. PDF Correspondence

 

  1. E-mail received May 16, 2011, from the New Jersey State League of Municipalities regarding Two Upcoming League Seminars. PDF Correspondence

 

  1. E-mail received May 17, 2011, from the New Jersey State League of Municipalities regarding NJ Residents Weather Watch. PDF Correspondence

 

  1. E-mail received May 17, 2011, from the New Jersey State League of Municipalities regarding Month 25 of Economic Recovery. PDF Correspondence

 

  1. E-mail received May 18, 2011, from the New Jersey State League of Municipalities regarding Municipal Property Tax Relief and Governor Proclaims Public Works Week. PDF Correspondence

 

  1. E-mail received May 19, 2011, from the New Jersey State League of Municipalities regarding Urgent Legislative Alert S-2762, National Hurricane Week, OLS Notes Fiscal Impact S-2795 and Tour PSE&G Nuclear Facilities. PDF Correspondence
  2. E-mail received May 19, 2011, from the New Jersey State League of Municipalities regarding Month 25 of Economic Recovery. PDF Correspondence

 

  1. E-mail received May 19, 2011, from the New Jersey State League of Municipalities regarding DEP's Proposed Public Access Rules. PDF Correspondence

 

DCA

 

  1. E-mail received May 11, 2011, from the Department of Community Affairs regarding NJRA Redevelopment Training Institute. PDF Correspondence

 

  1. E-mail received May 18, 2011, from the Department of Community Affairs regarding Upcoming NJ Downtown Revitalization & Management Institute Session 6/8/2011. PDF Correspondence

 

UTILITIES

 

  1. Order Approving Public Water Contract received May 9, 2011, from the State of New Jersey, Department of Environmental Protection regarding an Agreement between United Water. PDF Correspondence

 

  1. Letter received May 16, 2011, from New Jersey Natural Gas regarding Safety information. PDF Correspondence

 

President Tobey: Moving on we have 33 pieces of Correspondence. Does anyone wish to discuss any at this time? Seeing none, Ordinance #13-2011 is being continued to 6/14/2011 which brings us to Ordinance #15-2011.

 

ORDINANCES FOR PUBLIC HEAR ING

 

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. PDF Ordinance (no action – continued to 6/14/11 meeting)

 

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

 

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.

 

President Tobey: Does anyone from the public wish to be heard? Seeing none, I'll close it to the public and ask Mrs. Labow to please move that?

 

Mrs. Labow: Thank you Mr. President. I move for adoption and final passage of Ordinance #15-2011.

 

Mr. Mania: I'll second it.

 

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

 

ROLL CALL: Passed Unanimously

 

OPTIONAL PUBLIC PORTION - None

 

ORDINANCES FOR FIRST READING (2 nd reading – June 14, 2011)

 

President Tobey: Moving on to Ordinances for First Reading, Second Reading will be June 14, 2011. The next item on the Agenda for First Reading is Ordinance #16-2011 entitled:

 

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. (needs to be re-introduced)

 

Mr. Greenbaum: I move that Ord. #9-2011 be introduced by title and passed on first reading and that a meeting be held on June 14, 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.

 

Mrs. Labow: Second.

 

President Tobey: It's been moved and seconded. Any Council discussion? Does anyone from the public wish to be heard on this? Seeing none, 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 Authorizing Professional Services Agreement with Norton Conservation Company for Environmental Assessment of BASF Vacant lot, Block 301 Lot 4.

 

  1. Resolution of the Township Council of the Township of Mount Olive Authorizing a Contract with Joshua Mackoff for Appraising Block 301 Lot 4.

 

  1. Resolution of the Township Council of the Township of Mount Olive Authorizing a Contract with Norman Goldberg for Appraising Block 301 Lot 4.

 

  1. Resolution of the Township Council of the Township of Mount Olive Authorizing the Sale of Block 2210 Lot 11 (11 Whipporwill Road).

 

  1. Resolution of the Township Council of the Township of Mount Olive Authorizing the Cancellation of Various Grant Balances (Recycling Tonnage Grant & Benjamin Moore Donation). PDF Resolution

 

  1. Resolution of the Township Council of the Township of Mount Olive Requesting Approval from the Director of the DLGS for Insertion of a Specific Item of Revenue into the 2011 Municipal Budget ($500 Donation – BASF).

 

  1. Resolution of the Township Council of the Township of Mount Olive Requesting Approval from the Director of the DLGS for Insertion of a Specific Item of Revenue into the 2011 Municipal Budget ($48,824.57 for Clean Communities Program).

 

  1. Resolution of the Township Council of the Township of Mount Olive Authorizing 2011 Capital Budget Amendment for Construction of Vehicle Fuel System.

 

  1. Resolution of the Township Council of the Township of Mount Olive Authorizing the Extension of a Contract with Peterson & Sons Tree, Inc. for Tree Trimming, Tree Removal and Stump Grinding Services.

 

  1. Resolution of the Township Council of the Township of Mount Olive Authorizing William Sohl, Business Administrator to Execute a New (renewal) TWA Application for Mount Olive Industrial Realty Company (650 International Drive, Block 107 Lot 3).

 

  1. Resolution of the Township Council of the Township of Mount Olive Authorizing the Release of Performance Bonds for New York SMSA Limited Partnership d/b/a Verizon Wireless.

 

  1. Resolution of the Township Council of the Township of Mount Olive Amending and Supplementing a Resolution Entitled “Resolution of the Township Council of the Township of Mount Olive Authorizing the Conveyance to Morris Habitat for Humanity of Tax Lot 44, Block 1300 Together with a Contribution for the Construction of COAH Units. *(added)

 

President Tobey: Okay, moving on we have 12 Consent Resolutions. Does anyone wish to have any moved to Non-Consent?

 

Mr. Mania: Mr. Chairman, Mr. President, I move the Consent Resolutions.

 

Mrs. Labow: Second.

 

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

 

PUBLIC PORTION ON CONSENT RESOLUTIONS - None

 

COUNCIL COMMENTS ON CONSENT RESOLUTIONS - None

 

ROLL CALL: Passed Unanimously

 

RESOLUTIONS NON-CONSENT - None

 

PUBLIC PORTION ON INDIVIDUAL RESOLUTIONS - None

 

COUNCIL COMMENTS ON INDIVIDUAL RESOLUTIONS - None

 

MOTIONS CONSENT

 

President Tobey: We are up to the Bill List. Mr. Mania would you be so kind?

 

Mr. Mania: Mr. President, I move the Consent Motions.

 

•  Bill List. PDF Bill List

 

Mrs. Labow: Second.

 

President Tobey: Thank you, it's been moved and seconded. Does anyone from the public have any questions regarding the Bill List? Seeing none, Roll Call please.

 

ROLL CALL: Passed Unanimously

 

ADMINISTRATIVE REPORTS

 

President Tobey: We're up to Administrative Reports. Mayor, Mr. Sohl?

 

Mr. Sohl: I have nothing to report but I would like to make sure everybody knows they're invited to participate in the Memorial Day Parade on Monday. Believe it or not, at this point and time the weather is showing a sunny day.

 

Mrs. Labow: Don't, don't, don't say it.

 

President Tobey: Don't say anymore. Thank you Mr. Sohl. We're up to Old Business. Any Old Business?

 

OLD BUSINESS

 

Mrs. Labow: I have Old Business.

 

President Tobey: Mrs. Labow?

 

Mrs. Labow: Actually one item for Old Business and one for New. I just want to say, if anybody read in the Daily Record this week, yesterday I think it was, that the property, that building that was going in down at the bottom of Hackettstown Mountain… that they got an award actually for being a “green building.” They said it cost them $2 million dollars and they had to go another 10% but they felt it was worth it because the residents there would actually recoup it after a few years. Ten years I believe it was and I just thought it was very nice and it was very contentious. There was a lot of people who moved in that didn't want to have it go in there but it's nice to know that… I think they got the highest level award for the green initiative for that building so I hope that's the start of a lot of good things to come with “green buildings” so just in case anybody didn't see it I wanted to bring it to everyone's attention.

 

President Tobey: Thank you. Mr. Mania?

 

Mr. Mania: Just a point, that Toys R Us is going to do the solar on the roof.

 

Mayor Scapicchio: They're doing it as we speak.

 

Mr. Mania: Pardon?

 

Mayor Scapicchio: They're doing it as we speak John.

 

Mr. Mania: Okay.

 

NEW BUSINESS

 

President Tobey: Is there any New Business? Mrs. Labow?

 

Mrs. Labow: I just have one item of New Business. I'm not sure if there's anything we could do about this. In Flanders, in Cloverhill on Allyson, the end of the road, a resident had brought to my attention that there are a lot of people who actually drive their vehicles up into that spot around the retention basin that leads over into Flanders Park. They wanted to know is there… they understand a gate would be expensive and unsightly but even if they had some signage that said “unauthorized vehicles not allowed” or if we could put a pole through the chain just to kind of keep the vehicles…. Because a lady said that her and her daughter were coming around the corner and some kids in a jeep came whipping around and almost hit them because of all the foliage you can't really see people. I said I would bring it to the Council meeting and see…

 

President Tobey: Mr. Sohl, is that something that Mr. Quinn can take a look at?

 

Mr. Sohl: We'll take a look at it.

 

Mrs. Labow: It's at the end of Allyson and it's just… I don't think they really want a gate but…

 

Mr. Sohl: If you put the details in an e-mail.

 

Mrs. Labow: Oh, okay.

 

Mr. Sohl: Tim is on vacation for a couple of days.

 

President Tobey: If there's not gate, maybe at a minimum… I have seen it before at some intersection or the end of a block, maybe they can trim back because that can hinder people's peripheral vision as they're driving there.

 

Mrs. Labow: What it is, there's a path… a lot of people walk up there but there's a path that goes around and it's very inviting for kids and it's muddy so they would have to cut back a lot and that would probably be more costly and then two weeks later… although I understand what you're saying but I think if we kind of put up a chain and put up some signage that only authorized vehicles…. violators will be… if we were to put up a sign that says a fine, do we have an enabling legislation currently on the books to put up a sign like that on unauthorized areas? I think that we might but I'm not sure. We'll check it out further?

 

President Tobey: If you could kindly send that e-mail.

 

Mrs. Labow: I will.

 

President Tobey: We'll take it one step at a time there. Mr. Greenbaum then Mr. Mania.

 

Mr. Greenbaum: I just wanted to commend Tim Quinn. There have been a number of property maintenance issues which have been brought to my attention through different residents in the Township and Tim has addressed all of them to the satisfaction of the residents in a timely fashion and he should be commended for his efforts.

 

Mr. Sohl: I would like to add; along with Tim is Catherine Natafalusy and Frank Wilpert Jr.

 

Mr. Greenbaum: I agree.

 

Mrs. Labow: I would just like to just add onto that also. Also on the same street I had brought to Tim's attention that there was a hole. Not a pothole, a hole and when I was down that way the other day, I stopped and asked the people, were they satisfied and they were absolutely thrilled. They couldn't believe that Tim was out there two days after they had told me about it and that's really nice. That's what Tim always says, that they can't be everywhere but when we hear about stuff and we bring it to his attention…

 

Mr. Sohl: You are the eyes and ears along with the rest of us.

 

Mrs. Labow: It's nice. Not that the lady was complaining or anything like that, it's just that I happen to be there.

 

President Tobey: Thank you.

 

Mr. Mania: I don't know if the Administration's aware but there's a home on Cloverhill Drive where the retaining wall has collapsed and the lawn has not been mowed…

 

Mr. Greenbaum: Took care of it.

 

Mr. Mania: You took care of it?

 

Mr. Greenbaum: Took care of it.

 

Mrs. Labow: It also sold. It's an REL.

 

Mr. Mania: Okay.

 

Mr. Greenbaum: Took care of it.

 

Mr. Mania: Thank you.

 

Mr. Greenbaum: Yep.

 

President Tobey: Mr. Roman?

 

Mr. Roman: Bill, because of the recent rains there have been… fields being closed, preventing baseball and softball…preventing from playing. There are still some baseball organizations that have been ignoring that the fields have been closed. Now they have been reminded not to do so. Some of them were unaware that the fields were closed to use. They figured if they could squeegee and get as much rain out of the way that they could play on it. I would like to have either Jill or your department send out an e-mail to all organizations that use it but also on top of that, I was thinking if we could put a sign at all the fields indicating that during inclement weather, something to the sort where they are required to check either the Township Website or the Township Hotline because the management of the sports organizations know to do that but whether it filters down to the individual coaches, they tend not to do that so if at least when they showed up to the field, the number is there, they can instantly at that moment call the number because sometimes they're not even going to remember the number so if we could do that, I think that would be helpful. Unfortunately Russ Nagle is one field that's been used when they were told that they were closed.

 

Mr. Sohl: I don't see a problem. Just as a relative example, Tim Quinn and Jim Lynch were on one of the fields this morning in the outfield and they were like ankle deep in water.

 

Mrs. Labow: Oh wow.

LEGAL MATTERS

 

President Tobey: Okay, is there any other New Business? Seeing none, Legal Matters, Dominic?

 

Mr. DiYanni: Nothing tonight.

 

COUNCIL REPORTS

 

Recreation Liaison Report – A. Roman

Board of Health Report – R. Perkins

Planning Board Report – J. Mania

Open Space Committee Report – C. Labow

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

 

PUBLIC PORTION - None

 

COUNCIL COMMENTS - None

 

ADJOURNMENT

 

President Tobey: Okay, thank you. Moving onto Council Reports, does anyone have any reports to offer? Okay, seeing none we're up to the second Public Portion. Does anyone from the public wish to be heard? I assume there are no Council Comments and if that's the case, I'll accept a Motion to Adjourn.

 

Motion made and seconded, all in favor and none opposed, the meeting was adjourned at 7:15 p.m.

 

 

_________________________________

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 June 14, 2011.

 

 

_________________________________

Michelle Masser, Deputy Township Clerk

 

 

mcm

 

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