The Regular Public Meeting of the Mount Olive Township Council was called to Order at 7:30 pm by Council Vice President Rattner with the Pledge of Allegiance.

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

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

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

Absent: Mr. Greenbaum, Mr. Tobey

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

Mt. Olive Jr. Marauders Baseball Recognition – Dennis Mok

Mr. Rattner: Okay, Mr. Greenbaum is not here tonight. He had a family issue he had to take care of, and Mr. Tobey is away on business. So the first thing on our Agenda tonight are the things that we really enjoy doing, mainly because there is no controversy and we get to see a lot of smiling faces, and that is to recognize a championship baseball team. So with that, I’ll come down to the podium. Tonight we’re going to acknowledge the Junior Marauders eight and under Baseball team. What a class act. You came in your uniforms and cleaned up. That doesn’t happen. I mean, an impressive showing. The newspaper article, when they were talking about your championship game, said that both teams were excellent. Obviously somebody was more excellent than the rest, and that was you so congratulations. You’re welcome. With that, I’d like to call up the coaches who really made this happen and made sure that the kids learned the skills, the sportsmanship, and how to win. So with that I’d like to ask Dennis Mok, John McNally, and Joe Hanfield to come up and stand up here while we give the certificates to this championship team. So as I call you up, come on up and I’ll give you the certificate. The first is Alex Tucker. Mike Lynch. If you just go up and stand there, because somebody’s going to want to take a picture. Evan Grossman. Matthew Paoli. Kenny DuChemin. Anthony Emerick. Eddie Foskey. Tim Caufield. Joey McNally. Garrett Kolbusch. And somebody who is guarding the trophy, Brian Mok. With that, you led the crew in here, is there anything that you’d like to say about your season and about your season, and about your championship team?

Dennis Mok: Thank you Councilman. On behalf of Mt. Olive Junior Baseball and Softball Association, you know, really the support of the Council, the Mayor and the Administration to keep the recreation programs going, really results in these smiling faces today. These are the future of Mount Olive, you know, the youngest players to play in competition. So they represented your Town, our Town well. They were the only team out of all the, a lot of the Mt. Olive teams made it to the playoffs but this is the only team that made it through the championship. So it’s a lot to be proud of. So congratulations and we really want to thank the support of all the parents, and the coaches especially. I couldn’t do it without them. So you guys have a lot to be proud of. Cherish the moment, and you know what? There are a lot of good things coming, a lot of good championships, right? Great job.

Mr. Rattner: Mayor, do you want to say anything and also get a picture with the team and the coaches?

Mayor Scapicchio: Steve, you said it all. Ditto what you said. It’s a great time for Mount Olive and let’s take a picture.

Dennis Mok: Mayor, I would like to present the Town with three tokens of our appreciation. We have a game ball actually signed by all of the players, a picture of the team, as well as a trophy. So we hope that it will make it into the cabinet up front so that it can be proudly displayed. Thank you very much.

Mayor Scapicchio: We will make sure that they get displayed in the entry foyer.

Mr. Rattner: Thank you everybody for coming. We really appreciate it.

Mrs. Labow: Congratulations.

Mr. Rattner: Okay, the next item we have on the Agenda is a proclamation from the Mayor. Mayor?

Mayor Scapicchio: Yes, Mr. Rattner, thank you.

Proclamation Honoring November as National Family Caregivers Month

WHEREAS, during the season of Thanksgiving, as we pause to reflect on the many blessings that have been bestowed on us as individuals and as a community, we are especially grateful for the love of our families and friends. One of the most profound ways in which that love is expressed is through the generous support provided by family caregivers to loved ones who are chronically ill, elderly or disabled. Caregivers reflect family and community life at its best; and

WHEREAS, the need for family caregivers is growing. We are blessed to live in a time when medicine and technology have helped us live longer. As a result, persons with disabilities are living longer and people over 85 are a fast growing segment of our population. Family caregivers can be found in every city and town in America. It is likely that we all know at least one family caregiver; and

WHEREAS, family caregivers deserve our lasting gratitude and respect. This month, as we honor the many contributions that family caregivers make to the quality of family life, let us resolve to work through our community, religious, social, business and other organizations to offer programs and services that will provide caregivers the support and encouragement they need to carry out their vital responsibilities.

NOW THEREFORE, be it proclaimed that I, David Scapicchio, Mayor of Mount Olive Township do hereby proclaim, November as National Family Caregivers Month in Mount Olive Township.

Questions on Bill List?

Mr. Rattner: Thank you Mayor. Next we have questions on the Bill List. Does anybody have any questions on the Bill List for the CFO, and the Council? Anybody from… You know the system. This way it gives them a little bit of time to see if they can go through the information by the time we actually vote on it at the end of the meeting.

Nelson Russell, Budd Lake: Half way down on page 3 I see miscellaneous electrical equipment for $102.07 twice into the same account. It looked like a duplicate.

Ms. Jenkins: I’ll look it up, Steve. I don’t think that it is but I’ll double check.

Mr. Rattner: What we’re going to do is we’re going to take your questions now and this way the CFO has a little bit of time to look at it. Before we vote we’ll see if we get the, if they have any answers, if not what we’ll do going forward. Ned?

Ned McDonnell, Budd Lake: First one is on page 4 leading over to page 5, I was just wondering who Mobile Vision is. Also on page 5 half way down, there’s an item for a wing-back executive vinyl chair. I’d like a little bit of an explanation on that.

APPROVAL OF MINUTES OF PREVIOUS MEETINGS

Mr. Rattner: What we’ll do is we’ll do all of the explanations, the CFO took it down, at the end of the meeting prior to the vote. Okay, moving right along we have approval of Minutes of previous meetings. Mr. Buell, would you move those for approval.

Mr. Buell: Yes, thank you, I move the Minutes for:

Oct. 16, 2007 WS & CS
All Present

Oct. 23, 2007 CS
Absent – Mr. Tepper

Mr. Perkins: Second.

Mr. Rattner: It’s moved and seconded. Are there any further discussion, or corrections? All in favor?

All in favor except Mr. Tepper who abstained because he was absent

CORRESPONDENCE

LETTERS / EMAILS FROM CONSTITUENTS / ORGANIZATIONS

1. E-mail received October 28, 2007, from Cheryl Goodwin regarding flooding of her property from Lot 7000 – 63 (Elizabethan Estates.)

2. Letter and Cyber Security Booklets received October 31, 2007, from Multi-State ISAC regarding computer security issues.

3. Letter received November 8, 2007, from Alongi & Associates, LLC regarding a Municipal Mechanics Lien of Intermark Building & Design, LLC.

MUA / MSA

4. Letter received November 5, 2007, from the Morris County MUA regarding Recycling Ordinance Update and other Recycling Requirements Resulting from March 2007 Morris County Solid Waste Management Plan Amendment.

DOT / DEP / LOI / HIGHLANDS

5. Letter received October 22, 2007, from the from the State of New Jersey, Department of Environmental Protection, regarding JCC Metrowest, Camp Deeny Riback, Block 7600, Lots 84 & 85 (208-210 Flanders-Netcong Road).

6. Letter received October 22, 2007, from the State of New Jersey, Department of Environmental Protection, regarding Dorlon, Block 8500, Lot 19 (103 Mine Hill Road).

7. Letter received October 22, 2007, from Equity Environmental Engineering, LLC regarding a Re- submittal of Figure 1.0, Block 1201, Lot 7 (77 Crease Road.)

8. Letter received October 23, 2007, from Frederick C. Meola regarding an Application for General Permits #2 and #10a and a Stream Encroachment for a new dwelling for Block 7000, Lot 87 (Princeton Alliance Church,1 River Road.)

9. Letter received October 25, 2007 from Careaga Engineering, Inc. regarding a Highlands Applicability Determination, B&G Real Estate Associates, Block 5401, Lot 12 (6 Laurel Avenue).

10. Legislative Brief received October 25, 2007, from Remington & Vernick Engineers and Affiliates, regarding Proposed NJDEP Rules to Increase Wetlands Restrictions and Compliance Costs.

11. Letter received October 26, 2007, from the State of New Jersey, Department of Environmental Protection, regarding Toys ‘R Us Site Improvements to Block 6600, Lot 1 (703 Bartley – Chester Road).

12. Letter received October 26, 2007, from the State of New Jersey, Department of Environmental Protection, regarding Glasson Single Family Home, Block 5300, Lots 27&28 (Courtney Drive).

13. Letter received October 31, 2007, from Azrack & Associates, LLC regarding ETEL Realty Application for a soil relocation Application, Block 9201, Lot 2, (Route 206 South, Roxbury Township).

14. Letter received October 31, 2007, from the State of New Jersey, Department of Environmental Protection regarding receipt by the Township of $137,821.37 as its Fiscal Year 2008 in-lieu-of tax payment for state and nonprofit open space.

15. Letter received November 5, 2007, from the State of New Jersey, Department of Environmental Protection regarding Dam Application Permit No. 1261 - Applicant: Roger Cornell, 2 Route 46, Hackettstown, NJ 07840.

16. Letter received November 9, 2007, from the State of New Jersey, Department of Environmental Protection regarding Farooq Subdivision, Block 2603, Lot 4 (4 Thirty First Street).

17. Letter received November 15, 2007 from Community Builders Association of New Jersey regarding the Highlands Regional Master Plan Timetable.

18. Letter received November 15, 2007, from Survet Land Surveyors regarding Block 46.01, Lot 35 and Block 6000, Lot 4 (Young-Goughryn Farm.)

19. Letter received November 19, 2007, from the State of New Jersey, Department of Environmental Protection regarding the 2008 Green Communities Challenge Grant.


LEAGUE OF MUNICIPALITIES

20. Letter received October 31, 2007, from the New Jersey State League of Municipalities regarding a League Seminar entitled, Strategic & Dynamic Approaches for Effective Law – Enforcement, A Suitcase for Success (Fighting Crime thru Technology.)

21. Letter received November 8, 2007, from the New Jersey State League of Municipalities regarding the Presidential Primary Election Costs.

22. Letter received November 9, 2007, from the New Jersey State League of Municipalities regarding Newly Elected Officials.

23. Legislative Bulletin received November 19, 2007, from the New Jersey State League of Municipalities regarding Bills Enacted as Public Laws of 2006-2007.

24. Letter received November 21, 2007, from New Jersey State League of Municipalities regarding Seminar and Registration information.

DCA

25. E-mail received October 29, 2007, from the State of New Jersey, Department of Community Affairs regarding the Annual Emission Inspection Required for Publicly Owned Diesel – Powered Vehicles.

26. Letter received October 31, 2007, from the State of New Jersey Department of Community Affairs, Office of Smart Growth regarding New Jersey State Preliminary Plan Map – Cross Acceptance III.

27. E-mail received November 9, 2007, from the State of New Jersey, Department of Community Affairs regarding the Release of New Plan Endorsement Guidelines by the State Planning Commission.

28. E-mail received November 19, 2007, from the State of New Jersey, Department of Community Affairs regarding the Gov Connect Update.

29. Letter received November 19, 2007, from the State of New Jersey, Department of Community Affairs, Office of Smart Growth, regarding the New Jersey State Preliminary Plan map – Cross Acceptance III.

MORRIS COUNTY

30. Minutes received October 25, 2007, from the Morris County Planning Board regarding the September 30, 2007 meeting.

31. Letter received November 5, 2007, from the Morris County Board of Chosen Freeholders regarding a Public Hearing to amend the 1996 Morris County Official Map.

32. E-mail received November 8, 2007, from the Morris County Department of Finance regarding the three year strategic plan for Records Shared Services Plan.

33. Letter received November 13, 2007, from the Morris County Prosecutor regarding Operation Re-Direct by the Narcotic Task Force.

34. Letter received November 15, 2007, from the Morris County Board of Chosen Freeholders regarding funding from the 2007 Open Space Trust Fund Program for the Budd Lake Public Access project in the amount of $175,000.

UTILITIES

35. Letter received October 25, 2007, from Comcast regarding Programming Changes.

36. Letter received November 9, 2007, from Comcast regarding Additions to the Digital Cable Lineup.

37. Letter received November 20, 2007, from Stefani Schwartz regarding the Budd Lake Sanitary Sewer System / Mount Olive High School and CMS Elementary School.

38. Fax received November 20, 2007, from Comcast regarding price changes.

LETTERS FROM LEGISLATIVE REPRESENTATIVES

39. E-mail received October 19, 2007, from Congressman Frelinghuysen regarding Leadership Pulls Bill that would Harm Intelligence Gathering, House Fails to Override SCHIP Veto, Frelinghuysen Welcomes National Science Foundation Director, House Passes Internet Tax Ban, and Frelinghuysen, House Move to Create ALS Registry.

40. E-mail received November 2, 2007, from Congressman Frelinghuysen regarding the Stalled Budget Process, Strong Economic Growth, Veterans Affairs Secretary Named, Internet Tax ban Extended, House Assist Women, Disabled Veteran Small Business Owners, and Improved Mine Communication Technology.

41. E-mail received November 9, 2007, from Congressman Frelinghuysen regarding Frelinghuysen Honors Veterans, Works to Fulfill Nations Promise to Veterans, House Passes Defense Conference Report, AMT Watch, Frelinghuysen Advocates for Free, Fair Trade with Peru, and House and Senate Welcome Sarkozy.

42. Letter received November 14, 2007, from Assemblywoman Alison L. McHose regarding her challenge to the Democrat’s Proposal to Repeal RCA’s and Holding School Funding Reform Hostage.

43. E-mail received November 19, 2007, from the State of New Jersey, Department of Community Affairs regarding Governor Corzine’s Remarks to the League of Municipalities.

MISC

44. Letter received October 24, 2007 from the State of New Jersey, Department of the Treasury, Division of Taxation regarding the 2007 Certification of the Table of Equalized Valuations.

45. Letter received October 24, 2007 from the State of New Jersey, Department of the Treasury, Division of Taxation regarding the 2008 Certification of Average Ratios and Common Level Ranges for Use in the Tax Year 2008.

ABC

46. Letter received October 9, 2007, from the State of New Jersey Office of the Attorney general, Department of Law and Public Safety, Division of Alcoholic Beverage Control regarding Municipal Ordinances Providing for the Enforcement of ABC Violations in Municipal Court, and Imposing Costs and Fees of Disciplinary Hearings on Licensees Advisory Opinion on the Permissibility of Such Ordinances Under New Jersey Law.

Mr. Rattner: Okay, now we have 46 pieces of Correspondence. Does anybody have any questions or want to comment on any of them? First Mr. Buell, then Mrs. Labow, and then Mr. Tepper.

Mr. Buell: Yes #1, I was up at that property last week and as everybody knows there are four foundations that are about 8 or 10 feet above the ground. They are now obscured by the overgrowth around them. I just think that we should begin to take a look at our property maintenance code if we can’t control this, because evidently this particular property, these properties are going to be that way for years and years, potentially.

Mr. Rattner: So, what are you asking? Are you asking the Administration to look to see if there are any violations from property maintenance?

Mr. Buell: Yes, property maintenance. Also, I’d like to look at the property maintenance code to see what we can do.

Mr. Tepper: Well how about as a safety issue, because if they have an uncompleted construction site, and it is not fenced, that is something that people can fall into and get hurt. I mean if it’s going to stay like that, she’s been to our meetings, she’s been to my Planning Board meeting, and nothing seems to be getting done for this Mr. Tepper (cont’d): lady. It seems that we should at least insist that they maintain the property so as not to exacerbate the existing circumstances.

Mr. Rattner: Mr. Sohl, did you want to say something?

Mr. Sohl: No, I just took it down.

Mr. Rattner: Okay, so you’ll follow up with the Construction Department and find out if they’re doing everything that the permit requires?

Mr. Sohl: Yes, sir.

Mr. Rattner: And you’ll report back at the next meeting?

Mr. Sohl: Will do.

Mr. Rattner: Thank you very much. Anything else Mr. Buell?

Mr. Buell: No that’s it.

Mr. Rattner: Mrs. Labow?

Mrs. Labow: I had the same one.

Mr. Rattner: Okay, Mr. Tepper? Same thing?

Mr. Tepper: Same thing. She’s been before me four times on Planning Board.

ORDINANCES FOR PUBLIC HEARING

Mr. Rattner: Okay, so we’ve gone through Correspondence, so next we have ordinances for public hearing. I will open both ordinances for public hearing, but we’re going to continue. We’re not going to take a vote tonight. I’ve been advised that there are still some loose ends. After I open the public hearing and close it, then I’ll ask for a motion to continue the public hearing to December 18th.

Mr. Tepper: For all three?

Mr. Rattner: There’s only two.

Mr. Buell: Just the two.

Mrs. Labow: Just the two, Ord. #37 and Ord. #38.

Mr. Rattner: The two for public hearing. So with that I open the hearing to the public on Ord. #37-2007 entitled:

Ord. #37-2007 An Ordinance of the Township of Mount Olive Granting Permission to Applied Wastewater Management, Inc. to Construct, Install and Operate Equipment, Pipes and Mains for the Operation of a Wastewater Collection and Treatment System Within Certain Designated Areas of the Township of Mount Olive Commonly Referred to as “Morris Chase.”

Mr. Rattner: Is there anybody from the public that would like to comment on this ordinance at this time? Seeing none, I close the public hearing and ask for a motion…

Mr. Dorsey: No, I continue the public hearing.

Mr. Rattner: I continue the, do I have to get a motion to continue it?

Mr. Dorsey: Yes, just make a motion to continue the public hearing.

Mr. Tepper: I make a motion that it be continued.

Mrs. Labow: So moved.

Mr. Perkins: Second.

Mr. Rattner: Okay, we have, it’s been moved and seconded. All in favor?

AYE

Mr. Rattner: Now I open the hearing to the public on Ord. #38-2007, entitled:

Ord. #38-2007 An Ordinance Granting Permission and Consent to Applied Wastewater Management, Inc., to Construct, Install, and Operate Equipment, Wells, Pipes and Mains for a Water Supply System Within Certain Designated Areas of the Township of Mount Olive Commonly Known as “Morris Chase” and “Morris Hunt.”

Mr. Rattner: Is there anybody from the public that would like to comment on this ordinance? Seeing none, I will ask for a motion to continue the public hearing until December 18th.

Mrs. Labow: So moved.

Mr. Perkins: Second.

Mr. Rattner: Any other discussion? All in favor?

AYE

ORDINANCES FOR FIRST READING – (Public Hearing December 18, 2007)

Mr. Rattner: Okay so anybody that was here for that, it will be continued and we expect to take a vote on December 18th. Now we have ordinances for first reading. The public hearing on these Ordinances will also be on December 18th. So the next ordinance on the Agenda is entitled:

Ord. #50-2007 Ordinance Amending Certain Provisions of Bond Ordinance Numbered 24-2004 of the Township of Mount Olive, in the County of Morris, New Jersey Finally Adopted September 14, 2004 Providing for Equipment for the Flanders Fire Department in Order to Amend the Description of the Project.

Mr. Rattner: Mr. Tepper, would you move that?

Mr. Tepper: Yes, Mr. President, I move that Ord. #50-2007 be introduced by title and passed on first reading and that a meeting be held on December 18th, 2007 at 7:30 p.m. at the Municipal Building, 204 Flanders-Drakestown Road, Mount Olive, NJ for a public hearing consideration of said reading and passage of said ordinance and that the Clerk be directed to publish, post and make available such ordinance in accordance with the requirements of law.

Mr. Buell: Second.

Mr. Rattner: Any discussion? Roll Call please.

ROLL CALL – Passed Unanimously

Mr. Rattner: The next ordinance on the Agenda for first reading is entitled:

Ord. #51-2007 Ordinance Amending Certain Provisions of Bond Ordinance Numbered 27-2005, as Amended by Bond Ordinance Numbered 31-2006, of the Township of Mount Olive, in the County of Morris, New Jersey Finally Adopted August 9, 2005, as Amended November 21, 2006, Providing for Equipment for the Flanders Fire Department in Order to Amend the Description of the Project.

Mr. Rattner: Mr. Buell, would you move that?

Mr. Tepper: Yes I will, thank you. I move that Ord. #51-2007 be introduced by title and passed on first reading and that a meeting be held on December 18th, 2007 at 7:30 p.m. at the Municipal Building, 204 Flanders-Drakestown Road, Mount Olive, NJ for a public hearing consideration of said reading and passage of Mr. Tepper (cont’d): said ordinance and that the Clerk be directed to publish, post and make available such ordinance in accordance with the requirements of law.

Mrs. Labow: Second.

Mr. Rattner: Any discussion? Roll Call.

ROLL CALL – Passed Unanimously

Mr. Rattner: The next item on the Agenda for first reading is entitled:

Ord. #52-2007 Ordinance of the Township of Mount Olive, in the County of Morris, New Jersey Appropriating $287,500 for the Acquisition of Certain Property, Such Appropriation Consists of $128,000 from the Township’s Open Space Trust Fund and $159,500 Contributed by the County of Morris.

Mr. Rattner: Mrs. Labow, would you move that one?

Mrs. Labow: Yes, Mr. President, I move that Ord. #52-2007 be introduced by title and passed on first reading and that a meeting be held on December 18th, 2007 at 7:30 p.m. at the Municipal Building, 204 Flanders-Drakestown Road, Mount Olive, NJ for a public hearing consideration of said reading and passage of said ordinance and that the Clerk be directed to publish, post and make available such ordinance in accordance with the requirements of law.

Mr. Buell: Second.

Mr. Rattner: Any discussion? Roll Call.

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 the Execution of a
Developer’s Agreement Based on Final Site Plan Approval between the Township of Mount Olive and MTO Realty Holdings, LLC.

2. Resolution of the Township Council of the Township of Mount Olive Authorizing the Execution of a
Developer’s Agreement Based on Final Site Plan Approval between the Township of Mount Olive and Jersey Central Power and Light.

3. Resolution of the Township Council of the Township of Mount Olive Authorizing Professional Services
Agreement with PCI Engineering for Engineering Services Related to the Indian Spring Well Houses.

4. Resolution of the Township Council of the Township of Mount Olive Authorizing a Chapter 159 Budget Amendment in the 2007 Budget for the Recreation Trails Program at Turkey Brook Greenway for $2,300.00

5. Resolution of the Township Council of the Township of Mount Olive Authorizing the Cancellation of a Grant Balance of $1,747 for the ANJEC Smart Growth.

6. Resolution of the Township Council of the Township of Mount Olive Requesting Approval from the Director of the Division of Local Government Services for the Insertion of a Specific Item of Revenue into the 2007 Municipal Budget ($3,000 for a donation – Siemen’s Police Equipment).

7. Resolution of the Township Council of the Township of Mount Olive Awarding a Contract to Bragaton Construction for Fencing Materials for DPW Site Improvements.

8. Resolution of the Township Council of the Township of Mount Olive Authorizing a Grant Agreement with the County of Morris Regarding the Purchase of Block 2700 Lots 51 and 52.05 and Block 3204 Lot 1.

9. Resolution of the Township Council of the Township of Mount Olive Authorizing the Cancellation of Remaining Tax Balances on Block 4400, Lot 51, Qual C0001. (incorrect dollar figure in resolution adopted on 11/20/07)

10. Resolution to Amend the Capital Budget – Acquisition of Block 2700 Lot 51 & 52.05 and Block 3204 Lot 1.

Mr. Rattner: The first thing I have to say is that the first item on the Consent Resolutions has been pulled at the request of the developer. So the Consent Resolutions will consist of two through ten. Are there any Council members that would like to have any resolution taken off consent and discussed separately? Seeing none, Mr. Perkins, would you move the Consent Resolutions numbers two through ten?

Mr. Perkins: Yes, Mr. Vice President, I move for adoption of Consent Resolutions numbers two through ten.

Mrs. Labow: Second.

Mr. Rattner: Thank you. It’s been moved and seconded. Are there any comments from the public? Yes, Ned.

PUBLIC PORTION ON CONSENT RESOLUTIONS

Ned McDonnell, Budd Lake: I’d just like a little explanation of Resolution #10 (Resolution #9) concerning tax balances. What really transpired with this situation?

Mr. Sohl: In terms of what is about to happen?

Mr. McDonnell: No, a little history, a brief explanation of this resolution with the tax balance and what was going on with it.

Ms. Jenkins: John, this one relates to the Post Office, this is the Branda’s issue, the Post office.

Mr. Dorsey: We can’t hear you.

Mr. Sohl: That’s not #10.

Ms. Jenkins: It’s actually #9.

Mr. Sohl: Do you mean #9 or #10?

Mr. McDonnell: #9.

Mr. Sohl: I’m sorry.

Mr. Dorsey: Again, I don’t know Sherry. What does it involve? I don’t think it’s anything I…

Ms. Jenkins: We had a settlement that was agreed upon with them, I believe, and there were still some balances that were outstanding that we needed to cancel. I wasn’t involved in that process so.

Mr. Dorsey: Oh, he’s paid up his money?

Mr. Rattner: No, we’re canceling it according to this.

Ms. Jenkins: He paid up a portion of it. However there are still some balances that are outstanding that Rose is looking to cancel.

Mr. Dorsey: What is the basis for the cancellation?

Ms. Jenkins: Again, there was a settlement. I wasn’t part of that and there was not a full payment that was agreed upon, therefore there are still balances outstanding that she’s looking to cancel. That’s my understanding.

Mr. Dorsey: Well maybe we ought to hold it until we can get Ned an answer. I know Branda. Branda is a, he rents from the U.S. Postal Service, and we went through considerable trouble to sue him for unpaid taxes even though it’s federally owned property. We’re entitled to taxes on essentially the personal realty which he has in that unit. There was a settlement with him but maybe you just better hold this until we get the answer.

Mr. Rattner: Okay, I’ve just been advised we’re going to hold it anyway. This had been previously approved but it had the wrong dollar amount in it, and it was the recommendation of the Clerk just to redo, you know, just to do another resolution until we get it straightened out.

Mr. Dorsey: Oh, this is the resolution we had…

Mr. Rattner: That had the wrong dollar number.

Mr. Dorsey: Yes, there was a figure transposed. $1,124.00, and it should have been $1,042.00 or something like that. He paid up what he owed and therefore we’re canceling the tax sale.

Mr. McDonnell: This $5,000 is this something that he owed that we forgave? Where is this $5,000?

Mr. Dorsey: He paid all he was required to pay under the settlement. That’s what it amounts to.

Mr. McDonnell: Okay.

Mr. Dorsey: I’m sorry, Ned. Go ahead, you can keep it under Consent.

COUNCIL COMMENTS ON CONSENT RESOLUTIONS

Mr. Rattner: Okay, does everybody up here understand what happened?

Mr. Tepper: So the amount was corrected is what you’re saying.

Mr. Rattner: Right. So we’re leaving it on then? Okay, it’s been moved and seconded. Anybody else from the public? I close the public portion. Take a Roll Call on the Consent Resolutions.

ROLL CALL – Passed Unanimously

RESOLUTIONS NON CONSENT - none

PUBLIC PORTION ON INDIVIDUAL RESOLUTIONS - none

COUNCIL COMMENTS ON INDIVIDUAL RESOLUTIONS - none

MOTIONS

Mr. Rattner: I know there have been some last minute changes and we’re going to change something else again. One other thing, the Mayor was hoping to fill his Economic Development Committee, which is a very active Committee. We got the paperwork on one. We didn’t get the paperwork on the other. So I suggest that we move, if no one has a problem, if everyone has had time to review the resume, that we move the appointment of Carolina Heyman to the Economic Development Committee. This is advice and consent where the Mayor makes the appointment and we consent to it. So the motion is just for Carolina Heyman, and I would expect that the other candidate will probably be on the next meeting. Mr. Perkins would you move that motion?

1. Appointment of Carolina Heyman to the Economic Development Committee for a 3 year unexpired term to expire 12/31/09 and & Brett Heyman to the Economic Development Committee for a 3 year unexpired term to expire 12/31/08.

Mr. Perkins: Yes, I move for approval of the appointment of Carolina Heyman to the Economic Development Committee.

Mrs. Labow: Second.

Mr. Rattner: Any discussion? Roll Call.

ROLL CALL – Passed Unanimously

Mr. Rattner: Okay, next are the raffle applications.

Mrs. Labow: Yes, thank you Mr. Vice President, I’d like to make a motion to approve:

2. Approval of Raffle Application #2228 & #2229 for HSA St. Michaels; Raffle Application #2230, Bingo Application #2231 and Raffle Application #2232 for K of C #6100 Fr. Joseph A. Cassidy Council; Raffle Application #2233, #2234 & #2235 for Sandshore Home and School Partnership; and Raffle Application #2236 for K of C #6100 Fr. Joseph A. Cassidy Council

Mr. Buell: Second.

Mr. Rattner: Any discussion? Roll Call.

ROLL CALL – Passed Unanimously

Mr. Rattner: As we move on to the Bill List, does the CFO have any answers for the questions that came up from public?

Ms. Jenkins: The miscellaneous electrical equipment wasn’t a duplicate. They were two different fixtures they bought on different days with different invoice numbers. Mobile Vision is the vendor that we use for the video units for the Police Department. The wing-back chair, I don’t know exactly what you’re looking for. If you want to know why it cost what it did or what they’re using it for, I’d have to talk to the Police Chief because I don’t know that.

Mr. Rattner: Go ahead, Ned, you have another question on that?

Mr. McDonnell: Yes, if this wing-back chair is what I think it’s for, I think it’s for the Police Dispatcher. I think that we went through this once before. They needed a special chair.

Ms. Jenkins: Which is why it was so expensive. I’m guessing but I’m not sure.

Mr. McDonnell: My other concern was if some of the Department Heads or Executives requesting a rather luxurious chair?

Ms. Jenkins: I’ll talk to him and I’ll send you an e-mail.

Mr. McDonnell: I suspect it’s probably for the Police Dispatcher and I have no problem with that. Thank you.

Ms. Jenkins: Okay.

Mr. Rattner: Satisfied Ned? Well, as satisfied as you’re going to be. Okay, seeing no other questions, let’s see, we’ve got the Bill List. Who wants to do that? Mr. Perkins, do you want to move the Bill List?

3. Bill List

Mr. Perkins: Yes, Mr. Vice President, I move for adoption of the Bill List pages one through nine.

Mrs. Labow: Second.

Mr. Rattner: Any discussion? Roll Call.

ROLL CALL – Passed Unanimously

ADMINISTRATIVE MATTERS

Mr. Sohl: I’d just like to report back. I sent everybody an e-mail in reference to the question Colleen brought up a week ago. We in fact received today a check for $49,000 from the MEL/JIF relative to the lightning hit at the pump at Turkey Brook Park.

Mr. Dorsey: Did that make you happy? Now, what I’m asking is, was that number close to what you requested?

Mr. Sohl: It’s going to cost more than that to replace it, but I don’t have an exact number on replacement.

Mr. Rattner: I believe the replacement is going to be an upgrade because we’re going to solve the problems we had before.

Mayor Scapicchio: John, the answer is that we are happy.

Mr. Sohl: Oh yes, I’m…

Mr. Dorsey: It takes Bill a little while to get to the core of the question.

Mayor Scapicchio: We are happy with the number and we appreciate any help that you gave us.

Mr. Rattner: Mrs. Labow?

Mrs. Labow: Yes, my question was what you just brought up. I wanted to know are we replacing or are we upgrading it.

Mr. Sohl: We’re going to, well, replace and upgrade at the same time. So it’s not going to be the same exact product.

Mr. Rattner: I think we approved that at a prior meeting.

Mrs. Labow: Right, I just wanted to…

Mr. Rattner: It’s my understanding that there may be a couple of different things and we may actually be getting a little bit more money. That may not be the final bid.

Mr. Sohl: We’ve already checked on how to carry that money into 2008.

Mr. Rattner: I’m sure we’ll handle that properly since we’ve got to do the budget.

Mrs. Labow: Okay good, thank you.

Mr. Sohl: Already checked.

Mr. Rattner: Well, what I was saying is that there may be a couple more dollars from what I understand, nothing major. Okay, that’s all Administrator?

Mr. Sohl: Yes.

OLD BUSINESS

Mr. Rattner: Any Old Business? Mr. Perkins.

Mr. Perkins: Thank you, Mr. Vice President. At our last meeting Mr. Nelson Russell brought up the fire hydrant charges that are being assessed to the Township. I contacted the CFO to let you know right now, the Township pays $12,340 in annual fire hydrant rental fees to the three private utilities, Netcong, Hackettstown Municipal and Applied Water. The taxpayer is paying $1.47 a year into that. If we decided to try to chase after the homeowners we’d have to come up with a list. We’d have to figure out what their pro rata share was, and for each one bill them on a separate tax sheet. If they don’t pay then we’d have to put liens on their properties and chase after them. Since the public at this point does benefit as a whole if a fire truck does have to fill up one of their pumper tanks, they would obviously be utilizing it if they were in the area. So it does benefit the entire Township. In my opinion right now the $1.47 is alright unless we can find a better way to do it Mr. Nelson. Thank you, Mr. Vice President.

Mr. Rattner: Any other Old Business? I just want to note that, I believe that we got a letter today if anyone hasn’t seen it, from the School Board about our parking ordinance. I had the Clerk contact them telling them, because they rushed it over here, that the public hearing isn’t for another couple of weeks. So it will be discussed, I believe at our next Workshop, that we will discuss their letter. No other Old Business. Is there any New Business?

NEW BUSINESS - none

LEGAL MATTERS

Mr. Dorsey: Executive session.

COUNCIL REPORTS

Recreation Liaison Report

Mr. Rattner: Mr. Tobey is not here so I don’t think anybody else has a report on that.

Board of Health Report

Mrs. Labow: We meet in three weeks.

Planning Board Report

Mr. Tepper: Meets the second week in December.

Board of Adjustment Liaison Report

Mr. Perkins: Thank you Mr. Vice President, the meeting was held November 19th. It was pretty much business as usual. Ternberry is rescheduled to December 17th. Reza Hashemi is also rescheduled to the 17th for the Meineke Car Care Center. They carried Princeton Alliance Church. That will be on the 28th of January and the request from Walter Lata to construct a garage was denied for two reasons, setback and height restrictions. All other matters were approved.

Mr. Rattner: Thank you, Mr. Perkins.

Open Space Committee Report

Mrs. Labow: We meet in two weeks.

Legislative Committee Report

Mr. Buell: None.

Pride Committee Liaison Report

Mr. Perkins: Thank you Mr. Vice President, the Pride Committee now is working with Administration to get a Purchase Order together to get more plantings for the holiday season. They also have come up with the new billboard design which CBS will hopefully be putting up in a relatively short amount of time. Thank you, Mr. Vice President.

Board of Education Liaison Report

Mr. Buell: Yes, they met last night. The only major issue that relates to us was the discussion of Theresa Drive in which they passed a resolution. They defeated two other resolutions. They finally came up with the resolution that they passed asking us to reconsider closing down Theresa Drive. It was very interesting because it started out with them asking, or a motion being made to ask us to not impose parking restrictions on Theresa Drive. That was amended to ask us to allow parking on all of the streets around the High School in some fashion. That was defeated, I think 6-3. They then passed 5-4 the resolution asking us to delay imposing the parking restrictions on Theresa Drive.

Mr. Rattner: One thing that’s interesting is that we know that any commercial, or any other structure that comes before our Planning Board, they have to prove that they have enough parking for the business that they’re going to be in. Really, a school shouldn’t be any different. If they’re going to set rules on who can drive and who can’t, you know. I realize that they can’t control what happens off their school grounds, but a business can say well we don’t know how many customers are going to show up once the stores open too. So I think they really should find a way of accommodating, because it can’t be safe with them shuttling, and kids running across the roads and rushing to class when they’re late, and right now it’s basically dusk.

Mr. Buell: We had discussed it earlier at School Board meetings. I had discussed with them the use of Turkey Brook, or the denial of the use of Turkey Brook which I think is still an option that next spring they will probably come back and explore.

Mr. Rattner: Anybody else? Mr. Tepper did you want to…?

Mr. Tepper: I think we approached the whole parking issue haphazardly. I also think the issue has to do with the fact that when school construction began the laws were somewhat different. With a graduated license you are now only allowed to transport one student, and before you would always have four students coming in a car together. So parking was not as exacerbated or a problem with people coming in because there were far less cars.

Mr. Rattner: Well with that said I think if they came to us and said we are planning on putting additional parking, we found a place to allow some overflow parking, maybe we would consider it a little bit differently. Saying that for a temporary basis, that’s okay, but they haven’t come up with a resolution they’re saying based on the rules.

Mr. Tepper: I think the issue is also the fact that State law mandates that busing be provided for every student, and therefore they are obligated to provide the busing. The issue could be that the School Board could say that there is no driving to school and, theoretically, kids would get to school safely. They haven’t chosen to do that so I think the School Board has an issue and a responsibility to set a policy that utilizes the spaces that they have. I think our failure to approach it as a Town, we just keep moving it back and back and say okay, you can’t park here. We should enforce the laws. If kids are violating the laws, one or two kids, they should be cited and everyone shouldn’t be penalized for parking on a public street because a few kids violate a law. So I think we’ve taken the wrong approach.

Mr. Rattner: Okay, thank you Mr. Tepper. Anything else? Mrs. Labow?

Mrs. Labow: Could we go back to the Board of Education and ask them that when they were having the construction they had, I think it was 35 spots at the JCC area, and that’s a closer distance for the kids to walk from behind the school rather than…

Mr. Rattner: Because they don’t have to cross any roads.

Mr. Buell: That option has been explored. Unfortunately there’s a proper reluctance on part of the JCC’s to allow them to park there because there was vandalism, and difficulties with the students parking there.

Mr. Rattner: I think then that says something about the people on the streets that are worried that if the students did that there. Anyway, I think we talked that out.

Lake/Environment Issues Committee

Mr. Rattner: Nothing to report.

Safety Committee Liaison

Mr. Perkins: Thank you, Mr. Vice President. We had a special meeting on November 12th. We brought a couple questions up that were specifically to address the EMS issues. How we could possibly help. Budd Lake EMS has asked that we respond to Paragon Village. It appears that he’s spending about 10% of their call-out time to Paragon for matters that are not 911 related. That’s causing obviously a strain on the department there. The Administration, Bill and I, would be getting in contact with Mr. Dorsey and possibly try to set up a meeting at Paragon to get this resolved. The Flanders EMS is looking at the possibility of introducing part-time paid EMTs which would be funded through the salaries in the municipal budget. Mansfield Township has this already. Frank Carlo and Heather Detoro are working together to gather more information on that. Dual call out was brought up to try to cover, that was voted down by the members. There was a 3-2 vote however, to go forward with exploring hospital based EMS coverage. There will be a presentation by that group to the safety committee the first of the year. The Administration from here has also sent out a memorandum trying to see if we had anybody who was EMT certified here within the municipality, within the building that might be able to be used. I believe that came back “no,” so that has kind of worked badly. We’re also working on a formal resolution that would set this committee up. I’m not quite sure how the Safety Committee was originally put together, but I come to find out that it was never formally adopted by virtue of a resolution. I am working on a draft one and I’ve asked for comments from the Committee. Once I get those back I would anticipate having this distributed for at least the Workshop meeting to be discussed among the Council and Administration. Thank you Mr. Vice President.

Finance Committee Report

Mr. Rattner: None.

Economic Development Committee Report

Mr. Rattner: None.

Solid Waste Advisory Committee Report

Mrs. Labow: We meet in two weeks.

Library Board Liaison

Mr. Tepper: They haven’t met yet.

PUBLIC PORTION

Mr. Rattner: We’re coming up to the public portion where anybody from the public can speak on any subject they want. Just so you know, we will be going into closed session at the conclusion of Council comments for pending litigation and negotiations. No action will be taken after the executive session. We will be having it in here so we would ask everybody to leave after the final Council comments. With that said, I’ll now open it up to the public. Would anybody from the public like to speak? Ned, Mr. McDonnell. I’m sorry it’s just that you’re one of the regulars. I think you’re one of our friends, so I just use your first name but it’s Mr. McDonnell.

Mr. McDonnell: The parking thing keeps coming back and back, and I’m sure you all probably saw the editorial in the paper about their opinion of it. I had the same opinion some time back. I always felt that the streets belonged to the residents of the Town and the State in general, not the private front yards of a limited few people. You have pandered to a very limited number of people time and time again on this, one street after another. It just keeps moving farther and farther out. It doesn’t appear to be a safety issue. It appears to be a not in my back yard issue, and where does it stop? I don’t see that it’s a safety issue. It’s never been documented to be a safety issue. If there are violations, rowdiness, vandalism, whatever, the Police Department should be made aware of that and should take care of it, not just stop parking on the streets. I think the students have as much right to park there and walk to school as you or I do to park and walk anywhere around this Town. I realize that it may be annoying to people that live in the adjacent areas, but there should be a level of tolerance. They are our children and 98%, 99% of them are good kids. I just see no reason why we should be continually forcing them to be moving farther and farther out and making it more difficult for their lives, just because there are a vocal few that don’t like it in their front yard. I predicted at the time that it was going to be one street, then it’s two streets and farther and farther, and it’s just, it’s happened. I think that all the streets in the area should be open to parking, and all applicable laws should be enforced in those areas. Thank you.

Mr. Rattner: Thank you. Would anybody else from the public like to address the Council on any subjects? Seeing none, I’ll close the public portion and go to final comments.

COUNCIL COMMENTS

Mr. Perkins: I’ll seize the opportunity, this will be short. I just want to comment on Mr. McDonnell’s comments. When we first addressed this with School House Lane I was one of the few, if not the only Councilperson up here who voted “no”, and for the very same reasons as I had mentioned. When I went to school they tried moving us away with no parking signs and we just kept getting one block further away, and another block further away. Shame on us for letting the School build that beautiful expansion to the High School and not provide adequate parking for the anticipated number of students. I think that was bad planning on their part, and I’ll stand by that comment. There is no reason that any street adjacent to a school should have no parking signs on it because of the abuse of a small percentage of the children. If there is an enforcement issue it was addressed by then Chief Katona who said that if there was an enforcement issue, they would handle that through the Police Department. Unfortunately it was decided to pass the no parking ordinance and here we are again, looking at another street being added. Inevitably they will be about a mile or so away from the School and they will have little shuttle services, as I believe Councilwoman Labow had brought to our attention the other week. So sooner or later folks, it gets to the point where you either make every street no parking so that the students can’t park anywhere, and that will force them to use the transportation bus services that are all coming out of our tax dollars. Thank you very much Mr. Vice President.

Mr. Rattner: Thank you. I just have, Hanukkah comes early this year, next Tuesday evening. So for those that partake in Hanukkah, have a happy and joyous festival of lights. With that, we’re going to move into executive session. As I stated we will not be making any decisions or doing any more work when we come out other than just adjourn. So with that, Mr. Perkins, would you move us into executive session?

Mr. Perkins: Yes, Mr. Vice President, according to sections 7 & 8 of the Open Public Meetings Act I make a motion that we move into executive session for the purpose of pending litigation and negotiations.

Executive Session – Pending Litigation & Negotiations

Mr. Dorsey: Let’s just let the record show that we took no action. The executive session was essentially informative.

Motion was made and seconded, all in favor and none opposed, the Public Meeting was adjourned at 8:39 pm.

_________________________________
Robert J. Greenbaum, Council President

I, LISA M. LASHWAY, Township Clerk of the Township of Mount Olive do hereby certify that the foregoing Minutes is a true and correct copy of the Minutes approved at a legally convened meeting of the Mount Olive Township Council duly held on December 11, 2007.

______________________________________
Lisa M. Lashway, Township Clerk


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