The Regular Public Meeting of the Mount Olive Township Council was called to Order at 7:32 pm by Council President Greenbaum with the Pledge of Allegiance.
PLEDGE OF ALLEGIANCE & MOMENT OF REFLECTION for all those who have and continue to protect our freedoms and our ways 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. Perkins, Mr. Rattner, Mr. Biondi, Mrs. Labow,
Mr. Tepper, Mr. Greenbaum

Absent: Mr. Perkins

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

President Greenbaum: I am going to move away from the Agenda for the first item of discussion this evening due to scheduling conflicts. We have a recommendation from the Administration with regard to the appointment of four individuals to the Library Board. Did you want to read them Dave?

1. Consent to the Mayor’s Appointments to the Library Board:
Stephanie Sherman, 5 year unexpired term to expire 12/31/10
Suzanne Jeska, 5 year unexpired term to expire 12/31/09
Judith Hirky, 5 year term unexpired term to expire 12/31/08
Stanley Miller, 5 year unexpired term to expire 12/31/06

President Greenbaum: I guess we can ask for a motion to move all four together.

Mr. Biondi: So moved.

President Greenbaum: Is there a second?

Mr. Tepper: Second.

President Greenbaum: Is there any discussion? Seeing none, Roll Call.

ROLL CALL: Passed Unanimously

President Greenbaum: Congratulations.

Mr. Rattner: Congratulations.

Mr. Tepper: Congratulations.

President Greenbaum: Since you’re here. If you want to get sworn in, we can take care of that right now. Michelle can take care of that.

Swearing in of Library Board Members: Stephanie Sherman, Suzanne Jeska, Judith Hirky

Mr. Rattner: Judy, when is the parking lot going to be done.

Mrs. Hirky: Never.

President Greenbaum: Congratulations from all of us and we wish you the best of luck in your responsibilities as a Board of Directors of the Library. I know that the Library will improve under your guidance. I wish you the best of luck.

Morris Chase Construction Report

President Greenbaum: The next item for discussion involves the Morris Chase construction project. I know that there has been significant discussion from a number of residents in the general area of the project. Generally the Council does not get involved in construction matters unless there is a major issue concerning the way that it’s done. That’s usually a Planning Board item. However, because of the nature and the size of the project and I felt that all on Council could be educated as well as the residents who had numerous questions and we all got the letter with all of the questions. I have invited Gene Buczynski here this evening. Gene is the Township Engineer and was also, or at least on the Planning Board as the Planning Board Engineer during the certain timeframe that the project was in the works. I don’t know that he was here originally in 1988.....you were? In any event, just so that everyone understands and I am sure that everyone already knows, this was a project which was approved originally in either late 1988 or 1989 and because of litigation with the DEP, those who were on the Planning Board at the time gave a 10 year extension to Morris Chase. I can’t get into the reasons why the extensions were given. I don’t know but there were justifications in terms of the ongoing litigation and irrespective, here we are with what now becomes a major issue for the Township. I can say for everyone sitting up here that we all, all of us to a person, have very very grave concerns about this particular development, how it will affect the existing homeowners and how it will affect the Township generally. There was an attempt by the Township to look into purchasing either part or all of that project. Obviously, it is a massive project. The cost associated with the project would have been staggering if we could have even gotten Toll Brothers to the table. They just simply did not have an interest in selling the property to the Township and it’s not something that the Township had the money to try and purchase through other means. Having said that, I and I know the Mayor has at least walked a portion of the neighborhoods that are most affected. We didn’t make it over to the Madison Avenue side that is accessed off of Mount Olive Road, which I know is probably where a lot of you are from but we did access it from the other side. We wanted to see exactly what was happening, what was being cleared, what the issues were, whether there were water runoff issues, whether there were access issues in terms of construction vehicles going to the site, whether or not any property owners had concerns about where their property boundaries were and whether or not the feeling was that Toll Brothers in some way had encroached on the properties of the existing residents. Again, for all of us sitting up here, we have the utmost concern that the project affects the existing property owners in as small a fashion as possible. Having said that because of the nature of the project and the way that the trees have already been cleared, I am sure that it has affected everyone in a great sense, with that I am going to turn it over to Gene. I don’t want to spend an incredible amount of time at the meeting this evening. We have many issues to discuss. Gene has indicated that he is willing to sit down after the meeting and perhaps schedule another meeting with the affected residents to go through all of the questions that you may have. Specifically, I want to identify, Gene, the general sense of the concerns of the residents and then to hear from the residents as to the major issues which they believe that the Township needs to get involved with. So with that I will turn it over to you.

Gene Buczynski, Township Engineer: Thank you, Council President. I received of copy of their memo/ email dated the 20th of November. I proceeded to prepare a memo, which I think I sent you a copy of it, I hope you got it. It was dated November 22nd and I have copies of them here this evening because I was not sure if any of the residents received a copy of it with the answers but I have it for them tonight. Rob what I could do even after.... you don’t want to spend a lot of time right here. I am willing to go into the cafeteria tonight with the set of plans and go over the memo with you and see other questions you might have. A lot of it is technical to the width of the road, drainage, where is the right-of-way going to be and how much property is taken on your side. I think I can answer those questions pretty simple with the memo and go step by step with you. There are two issues, I am not sure if you want to spend any time right now? It is going to be outside of the technical end and the two other questions and one was regarding existing Madison Avenue and the fact that’s Elias drive and the change of the name. Yes, it was set up to be changed to Mount Olive Road all the way up through Flanders Road. I know they had a concern about having to change their address and notifying the post office and all their friends and relatives. That is one item that I really can’t address and the other item is regarding the sidewalks as far as the width and location of the sidewalks if they are on the northerly side, they really affect I think, two property owners. There was a concern relative to maintenance of the sidewalks and snow plowing and whose responsibility it is, which per the ordinance, it is the homeowner’s responsibility. Now those are the issues that are probably non technical, I can go over the memo here if you want to go over it in the public session and if you want me to just sit with the neighbors this evening and go over it one by one, I will do whatever you like.

President Greenbaum: What I would like to do at this point, Gene, is to hear from the residents in terms of their concerns. I would rather not have it be duplicative but I would like to hear what everyone’s concerns are other than the issues which are of a technical nature which Gene is going to address. So if there is anyone from the audience, now would be a good time to come up to the podium.

Mr. Rattner: It doesn’t matter which order you come up.

President Greenbaum: Please state your name and address for the record even though we all know who you are.

Dan Nelsen, 75 Flanders Road: I have the Kennel that is adjacent to the main entrance to Morris Chase. Thank you all for serving. I brought this up with Mr. Buczynski, he was good enough to come out when they first cut in their road. Initially when this project was first started, the Law Brothers were the fellows who initiated this development. Somewhere along the line, they agreed to give most of us adjacent property owners 25 feet of buffer. I understood it to mean 25 foot of the natural trees and shrubbery to remain. Then they would do their landscaping. Along the way, that seems to have been dropped or lost. I am not quite sure I don’t know, I don’t believe it’s in the Developer’s Agreement. Perhaps this week I will have a chance to go back over some of the minutes. I do want to let you know initially, they agreed to leave a 25 foot buffer between the properties. They have cut right up against our property lines to the inch... I just wanted to say that. Also on the 21st of December, they’re having a meeting I believe for....they are looking for a six year extension....

Laurie McGill, Madison Avenue: Mr. Nelson, I just want to mention that has been postponed until
January 18th. You may or may not be getting notices but Michelle I think told me it was going to be postponed until January 18th.

Mrs. Labow: It was January 11th.

President Greenbaum: It’s a Planning Board... it’s an extension of their final of Phase I.

Mr. Tepper: Yes.

President Greenbaum: Phase I... its Planning Board.

Mrs. Labow: Wasn’t it January 11th?

Mr. Tepper: No, I think she is correct.

Mrs. McGill: I saw January 11th and then it got changed to January 18th.

Mrs. Labow: Okay.

President Greenbaum: January 11th is probably their reorg meeting. It’s a Planning Board issue and ultimately they have to put in their required testimony before the Planning Board to get their extension. Obviously, the Planning Board turned down their last request for an extension and it went to court and they were successful in getting the judge to side with them. Personally a six year extension, if I were sitting on the Planning Board, is not something that I would look at in any way favorably but I don’t get to make those decisions. That’s an issue which is before the Planning Board. I am sure that they are going to have to temper their decision based upon the courts ruling which just came down last year. Anyway go ahead I am sorry to interrupt.

Mr. Nelsen: I was going to ask if that was rescheduled because so many of the neighbors would probably not be available on the 21st of December being scheduled so close to a holiday.

President Greenbaum: That I can take care of January 18th.

Mr. Nelsen: I was concerned about the 25 foot buffer. I don’t know what if anything can still be done regarding that. It seems that Toll has left things in that suited them and omitted some things that might have been restricted to them.

President Greenbaum: I have real concerns and I had requested through the Clerk’s office to have Gene contact Toll Brothers to get another set of their plans that can be kept in the Clerk’s office. My understanding is that the plans are massive, in terms of reproducing them and that it’s impossible for us to do it and it has to be done through Toll Brothers. Gene has, in fact, reached out to Toll Brothers to get a set so that we can keep them in the office, available........yes.

Mr. Buczynski: There is one set in town...

President Greenbaum: In the Planning Department.

Mr. Buczynski: Before the holidays, before Thanksgiving, I talked to them and they are sending us two sets, they are going to bring them to Lisa’s office.


President Greenbaum: Okay. My concern Gene is twofold. It relates directly to what Dan is saying because of the size and the impact of this development. I mean the i’s have to be dotted and the t’s have to be crossed in terms of what the Township is doing to make sure that they are consistent with what was approved by the Planning Board. I have real concerns that they are going to fill in wetlands to make Phase II more appropriate in terms of moving forward with.....you know I think we have to be very vigilant in terms of making sure that the plans are followed.

Mr. Buczynski: Yes and what they have done so far out in the field, is exactly true to plans. I mean as far as disturbance goes, is what was shown on the approved plans is what they are doing. So Dan’s concern we have talked in length about this and we will do some more research on it but they are providing a buffer. The concern I have here is from way back when the Laws were around now you have a 50 foot Clinton Avenue which was vacated and you got 25 feet and they got 25 feet. Now way back when, when Law made a commitment, the commitment might have been part of that 50 foot, where you got 25 feet or about. Before losing your property line.....I am not here to argue, I am just saying that’s where he might be having the problem.

President Greenbaum: I understand.

Mr. Buczynski: I am just saying what’s been done is per to approved plans.

President Greenbaum: Okay.

Mr. Nelsen: What Gene might be alluding to is that and that might have been their thought but I sure couldn’t go along with that, is that when the road was vacated they were going to allow me to use the 25% that was deeded to me as the buffer. My land would be the buffer and as it was originally said they were going to leave a buffer and I don’t think that should be my property.

President Greenbaum: You know what Dan, the logic that Toll Brothers is using, if that is their logic, seems a little faulty to me.

Mr. Nelsen: Thank you.

President Greenbaum: How they can use a portion of a vacated road as a buffer doesn’t sound like...

Mr. Nelsen: It would have been fine if they used their portion.

President Greenbaum: I understand.

Mr. Buczynski: There is nothing you are going to find in the resolutions at the Planning Boards hearings that talks about still providing a 25 foot buffer. That’s what he is trying research.

President Greenbaum: All we can do at this point is make sure that it conforms with the plans and if you’re telling me...

Mr. Buczynski: The question is and I know Dan will be there on January 18th and he can bring up that question for them and let them address it.

Mr. Nelsen: When we talked about it last year, they basically said....I forget the gentleman’s name, Mr. Buczynski came out. He said we don’t have to leave any buffer, we might leave you some but we really don’t have to.

President Greenbaum: Good neighbor huh?

Mr. Nelsen: Long before Toll Brothers was there, it was the Law Brothers, and they actually agreed to it. I would also like to say to the Council and the Administration that if there is any chance on pursuing, purchasing this property, I still think in the long run it would save the Township money because I do believe it will generate another school, another 600 children.

President Greenbaum: We looked at that issue and the feedback that we got from the school was even if we stopped the project, we are still going to need another school.

Mr. Nelsen: It will be a bigger school.

President Greenbaum: I understand.


Mr. Buell: We are probably going to need two schools.

President Greenbaum: Dan, we are all in favor of purchasing that property if there is something that can be done.

Mr. Nelsen: If now if anything, the road that’s cut in, the storm drains that are put in for infrastructure, the property that’s cleared the trees that are gone, perhaps you can use that as fields, which are needed also. Thank you very much.

President Greenbaum: I understand, thank you. Anyone else from the public? Again, you have to state your name and address.

Daniel Ortiz, 10 Madison Avenue: I was here at the last meeting. I have been in this town for about 20 years and I was here at all those meetings that they had with Toll Brothers but a major concern that I have at this point, along with that letter, that’s not in that letter. Is my property in the front where my old leach field extends on the right of way, who’s responsible for that? Since what I believe that the Township okayed that leach field when the house was first built that is one of my major concerns. Also there is a big pine tree that hangs over the right of way, what’s going to happen to that pine tree and also that catch basin. There is a catch basin I was told that is going to go. I’m the last house on the very tailend at the start of that development. I heard there is a very large catch basin that is supposed be directly across on an angle, I am thinking.

President Greenbaum: Gene would be able to answer that question.

Mr. Ortiz: Yeah, well....

Mr. Buczynski: I will go over the plans and show you where it is. As far as the leach fields and the tree, I am not sure that the tree has to come down. If it is, it’s not going to be your expense. Toll Brothers has to pay for it. You are on sanitary sewer now, correct?

Mr. Ortiz: Yes, yes.

Mr. Buczynski: So you’re just talking about the removal of the disposal field if they hit it?

Mr. Ortiz: Well, basically the right-of-way. The road is curved away from me. I know you’re going to hit the leach field. That’s definite.

Mr. Buczynski: That’s their responsibility.

Mr. Ortiz: Is it? That is what I want to know. Also, in the winter time you get warmer weather on that catch basin where water stays stagnant, there’s going to be a mosquito problem. Who’s responsible for that?

President Greenbaum: Well, the Township ultimately is going to be responsible for...

Mr. Ortiz: That’s going to be a big expense.

President Greenbaum: It will end up being a Board of Health issue. You know what? It’s just.......

Mr. Ortiz: It’s snowballing into other, bigger things.

President Greenbaum: I understand.

Mr. Ortiz: Thank you.

President Greenbaum: Okay, anyone else from the public?

Lori McGill, 7 Madison Avenue: I am the one that sent the email, representing my neighbors and four of the five residents are here today. I think our biggest concern is the name of the street and I know there has been some talk about why it has to change. We stated in our letter, we understand there is another part of Madison Avenue and our concern, from your perspective it maybe only five homeowners that are effected and I understand that from a few years ago there was another meeting where at least the decision to change the name of the street was deferred. I am sure that’s been appreciated since the Toll Brothers Development wasn’t going in at that time. I think that’s our biggest concern is the name of the street. I have seen many other cases and I am sure many people here have seen other cases, where you’re driving down the street and it has one name and then you reach a different portion of the road and it changes to a different name. We are outside of the development technically and I think that is our biggest issue is the name of the street.
President Greenbaum: Gene, is there any reason from an engineering standpoint that this street name has to be changed or from a Planning Board....

Mr. Buczynski: You can name it anything you want to.

President Greenbaum: Okay, so the decision....

Mr. Buczynski: The point of issue, I believe way back when, I am not sure it was police or emergency management but they wanted from a 911 standpoint to have the numbers consecutive and to go from Mount Olive Road to Flanders. If you look at the plans, right at the end of the existing Madison Avenue there is an intersection at that point where Phase II will be to the left and Phase I continues straight. Now I don’t see why you couldn’t keep existing Madison Avenue up to that intersection and then start with Elias Drive after that. I mean it’s a normal break and it wouldn’t affect these people, I can show you on the plan.

President Greenbaum: You know what. I don’t think anyone up here wants to change the name of the street if we don’t have to. The concern that is always raised is police, fire, and rescue but the fact remains that it has been that way for how many years that there has been two Madison Avenues and that if there is an emergency on the Madison Avenue that runs adjacent to St. Judes as opposed to the Madison Avenue that’s in the Goldmine Estates proper neighborhood, they have already been dealing with it.

Mr. Buczynski: I mean should we discuss it with the emergency management people or is it a decision here?

President Greenbaum: John is that an issue that would be done by Council or does it need a recommendation from the..........this is what I am going to do, as long as I don’t hear an objection from anyone sitting on Council. I am going to send it back to the Planning Board with the recommendation that the Council is inclined after speaking to the Chief. If the Chief gives us the recommendation and the Budd Lake Fire Department give us the recommendation that they are okay with leaving it, then I am going to send it back to the Planning Board with a recommendation from Council that we are not inclined to change the name based upon the recommendations of the Police Chief. Chief do you want to get up here? I don’t blame you. Have you had any issues with respect to being able to find the houses that are currently on Madison Avenue?

Chief Katona: The section of Madison Avenue adjacent to St. Judes has probably four or five homes on it and the incidents of which we have to go there are very minor. I have some concerns. I haven’t seen the plans in a number of years for how this connection is going to be made to that. So I would like to defer any recommendation until I consult with Gene and Ken and see what that is but if we are going to put more homes on that road, I would be inclined to.

President Greenbaum: I agree with you. I am not talking about putting more homes on that road. I think what we are talking about is somehow and Gene and correct me if I am wrong. My understanding is that, Elias would start pretty much...

Mr. Buczynski: When you come off Mount Olive Road, you pass the existing homes, just after #10 maybe a couple hundred feet, there is an intersection. So I am saying from Mount Olive Road to that intersection, you can still keep that as Madison Avenue and then start Elias Drive from there on to the development.

President Greenbaum: Okay, this is what I am going to do. If we aren’t talking about additional homes, it would be a very small number of additional homes, perhaps two, or...

Mr. Buczynski: Additional homes where?

President Greenbaum: On Madison, no additional homes?

Mr. Buczynski: On existing Madison, no.

President Greenbaum: No, okay. So we are not talking about changing the number of homes. What I am going to do is to refer it to the Planning Board, I am going to ask Gene to speak to the Police Chief and the Budd Lake Fire Department and Budd Lake Rescue just to make sure everyone’s on board with this. Gene you will get back to me, I will then send a memo. I assume that the Administration doesn’t have a problem with keeping...it’s a huge inconvenience for people to have their street name changed, huge and you can imagine, we have dealt with it many times up here. So we will move that forward to try to ease that burden on you.

Mrs. McGill: Okay. The other thing I wanted to reiterate, it’s in the letter but right now with the two sections of Madison Avenue, our section goes up to #10 and the other section of Madison Avenue that’s broken off sort of in the middle of where the new Toll Brothers development would be going, their numbers run roughly from #40 - #70 and except for a delivery vehicle or someone trying to find our residence, most people just give directions and just say either go off of Mount Olive Road or go off of Flanders Road turn at Wynnewood or Chelsea and go down a few roads turn on Madison. Except for a few stray cases like that, I don’t think there has been any confusion between the two sides of Madison. Since there is no duplication in the house numbers, I don’t think it would affect any fire or emergency issues. Everyone’s has been able to find it, if it’s #6 it’s one side of the street and if it’s #46 it’s on the other side of the street, so I don’t think there has been any confusion.

President Greenbaum: We will try to fix that issue for you.

Mrs. McGill: Thank you.

President Greenbaum: Okay, thank you.

Mary Rexford, 5 Madison Avenue: I live next to Laurie who just spoke. I was at that last meeting when the name change was postponed. First of all, I would like to thank you for putting us on early in the evening where at that meeting we had to out last everybody and try to make to the end of the meeting, so thank you for your consideration and thank you for listening so promptly. My specific concern, I have been in my house 21 years now and do I want the project? No. Can I stop the project? No, but I have to tell you the last couple of weeks with 18 wheelers going up and down a one block long street and parking on our street and moving up and down the street all day and the denuding of the forest is really brutal. I know you didn’t get a chance to walk our little block but my specific concerns are the elevation in the new section that is being totally cleared now, with their dirt path up the road is much higher than our portion of Madison Avenue. They have taken all of the natural drainage away and all the absorption of the trees away and what happens when it rains, is water swoops down the hill, down Madison Avenue and I have the lowest driveway and so it goes down the driveway into my back yard and into my basement. Now I am assuming that, as this project goes forward they will have some sort of drainage roadside that is going to elevate that. I just wanted to make the Township aware of that and until that it is completed, it is a major problem for us.

President Greenbaum: I am going to make an effort during the next heavy rain storm to come out to see how the water is running off. Gene needs to be notified, which means that you need to notify the town if you are seeing a lot of soil leaving the property at this point in time. With any excavation project, especially one of this size, you’re going to see additional runoff from the property until such time as the improvements can be put into place. The drainage on site, the detention basins on site, we have this with every property.

Mrs. Rexford: Somebody actually sent a street cleaning machine down Madison Avenue this afternoon and it’s the first time in 21 years I think it has ever made the trip. So I am assuming that was in response to cleaning up the dirt.

President Greenbaum: If there is an issue in terms of the street not being cleaned, you need to notify the Township immediately because we will make sure that Toll Brothers stays on top of their responsibilities during the construction phase.

Mrs. Rexford: Thank you.

Mr. Buczynski: Just regarding the drainage. As far as once it’s.... during construction is one issue but as far as the end when it’s widened it will be curving and drainage on that section of the road so we shouldn’t have a problem as far as more water going into the driveway at the end of the construction. The only concern is to make sure you don’t have a problem during construction.

Mrs. Rexford: Yes, and I am looking to talk to you.

Mr. Buczynski: Right after this, I will go right over...

Mrs. Rexford: I have two large trees in the front that I think they are going take out and I want to know what they are going to do about replacing them.

Mr. Buczynski: What’s your address?

Mrs. Rexford: #5 Madison Avenue. Gene, thank you.

Mr. Rattner: Gene, just following up on that. I heard that she is having damage done to her property right now. If you have water in your basement, that’s a direct cause of the developer. They have to correct that and if she has any damage, then she should be able to have the developer pay for any clean up or anything else. If they are causing the water onto her property, we’ve had the issue before...

Mr. Buczynski: I can’t tell you, I don’t know. This is the first I have heard of it.

Mr. Rattner: No, I am not saying but I am saying if it is, then the developer has to make good, one thing immediate correction but number two is if there was any damage, if she had water in the basement that was their cause, they would have to pay for any clean up, right?

Mr. Buczynski: Once it is verified of their concern, yes.

Mr. Rattner: Yes, that is why it is very important to know right away when it happens.

Mrs. Rexford: Okay, thank you.

President Greenbaum: Okay, thank you. Is there anyone else from the audience?

Christine Corpion, 8 Madison Avenue: All my concerns have been addressed except for the tree. I am the owner of the large pine tree up on the property. My concern is not that they will pay to take it down but I would like it to be saved if it could because I guess just part of the branches are really not off my property.

Mr. Buczynski: After this, we can go over to the cafeteria and go over it and give you some kind of an idea of what is happening.

Mrs. Corpion: Okay. Right after this, right after?

Mr. Buczynski: As soon as we finish this and move to the next item on the Agenda, I will go right to the cafeteria.

Mrs. Corpion: Okay, great thank you.

President Greenbaum: I can be reached through the Clerk’s office. I have my cell phone number in there so if there are any issues that come up, don’t hesitate to call. Is that it for everybody who wanted to address an issue this evening? Steve, did you have something?

Mr. Rattner: Yes, I have two issues. One, I heard again now on Madison, I happen to live on Goldmine Road so I have the same problem all you have I am just on the other side. One of the things I know in the Developer’s Agreement, there was actually a traffic pattern that they had to follow, and we had that issue with the big construction vehicles which we resolved. What happened during that short time and I would imagine Madison is probably going to be the same way, never was a regular road with a base and I know on Goldmine Road if you go down you can see how the crown is all cracked because when they had the big 22, 24 wheelers with those big pieces of equipment they caused the sides of the road to go down, cracked right on the crown and now the rest of it is starting to breakup. The vehicles are still coming down the road. We thought we had that resolved. In fact, today I saw I think it was Frank Dolan had to pull off because...you know when you have 12 feet worth of pavement there’s no room.

Mr. Buczynski: On Goldmine Road, Steve?

Mr. Rattner: Yes. It’s not the construction vehicles, it’s the suppliers. Today a tandem, you know a truck with another trailer behind it, I guess sewer pipe came down.

Mr. Buczynski: They should not have come down from Route 46. They should have come down from 206.

Mr. Rattner: They come down on a regular basis when they are dropping supplies. A lot of construction vehicles, not as big as before...

Mr. Buczynski: Well, I need to know that because Toll Brothers has already instructed all their suppliers to come in off of 206 and not the existing Goldmine Road.

Mr. Rattner: Well, R. R. only uses my road it appears.

Mr. Buczynski: Well, if I don’t hear about it...you can call me Steve, you have my number.

Mr. Rattner: I know, I thought we were resolving it. In fact, today Frank Dolan had to pull off and actually back up a little bit to let a truck go past. So we know and I am hearing that maybe the same thing is happening on Madison and I am sure, especially with being basically...it was a dead end, it’s like a driveway. They can’t get in and out and if they are pulling out when a truck is pulling in, they are backing up just so the truck can get by them. So we have to make sure that gets and if there is any damage because those roads, I know until they put the dead end sign on our road there was a 5 ton weight limit. That’s because that is all that that road could take with no base. So they should repair anything that they have done damage.

Mr. Buczynski: Madison is going to be a new roadway when it is done anyway.

Mr. Rattner: What about Goldmine Road that is all cracked up which they repaved when they did the sewer?

Mr. Buczynski: We’ll have to look at it.

President Greenbaum: Is that it Steve?

Mr. Rattner: Yup.

President Greenbaum: I know that there has been vehicle’s accessing the site also from Country Club Estates...Goldmine Estates.

Mr. Buczynski: Woodbine Road?

President Greenbaum: Was it Woodbine?

Mayor Scapicchio: Yes.

Mr. Buczynski: I spoke to the Mayor this afternoon about that. There was only two times, two situations, one was they had to get in there to clear the trees in that location because they couldn’t get anymore. That’s been done, that operation has been done.

President Greenbaum: Maybe they should have just left the trees if they couldn’t get to it.

Mr. Buczynski: That would be nice. The other thing right now is the workers are accessing Woodbine Road by the jug handle to get into the construction site. That’s going to be for about another two more weeks until they get the rest of the road with the storm drainage in from Flanders Road. They should be putting gravel down there and that is going to be the main entrance, Flanders Road. There are no construction vehicles as far as I know using Woodbine Road anymore. Yesterday there was a trailer, went in to bring in their trailers for the site, their site trailers. They came in off of Woodbine because their area is right there, right off of Woodbine Road. There should be no more construction traffic going through there.

President Greenbaum: As long as you are on top of it, if I hear anything from the residents there I will let you know.

Mr. Buczynski: Let me know because I have somebody there pretty much everyday, if not all day a good portion of the day, to keep us advised of the situation.

President Greenbaum: Does anyone else on Council have anything to add? Anyone else from the audience?

Mr. Buczynski: If I could, I would be glad to go right to the cafeteria now with those residents if they want to meet.

Questions on Bill List?

President Greenbaum: Yes, that would be fine, thank you. Okay moving on with the Agenda, I note that there were questions on the Bill List that were submitted by Mr. Rattner. Did you get answers to all of your questions, Steve?

Mr. Rattner: No, actually some of them are going to be...


President Greenbaum: Addressed.

Mr. Rattner: Well, they are going to be addressed but they might be more complicated and could be discussed tonight. One of them because of the list, every time I dig, and I see Tim and Jim are here, is on First Vehicle Services. I think rather than spend a lot of time on this and start looking at everything individually because one thing is going to raise another question, is that don’t have a problem paying this bill. We still have a couple of months of regular monthly bills so we are still holding a certain amount of that money. I think we should reconcile exactly what we have been billed for. The biggest concern that I have is the fact the items that we have been charged for as not in the contract or actually not contract items because a lot of them to me seemed to be routine maintenance. If routine maintenance or routine normal repairs are not covered, you start wondering what did the contract cover?

President Greenbaum: It may have to do with the age of the equipment.

Mr. Rattner: Or it could be a lot of different things. I had a lot of different questions.

President Greenbaum: Well, what I suggest you do, Steve, is put together a memo with regard to your billing questions on First Vehicle and let’s get a response from the Administration rather than deal with it this evening.

Mr. Rattner: Since we still have money left in the contract, instead of spending that now I think we can do a better job. I think it would be unfair to the Administration because they only had a few hours with this long list and this was just a sample of what I had. The next item that I had was just, it was basically just a comment the one from Garofalo, it appeared that we are being billed because we questioned the bill because we asked him a question on his bill.

Mayor Scapicchio: I saw that.

Mr. Rattner: I thought that was real interesting. It wasn’t a big bill but just the fact that they did that. The one with the Historic, Kathy already got to me and that’s fine. That’s just understanding how much money we are spending. I do have a concern with Paragon Village...you already have an answer?

Mr. Sohl: We sent Paragon a letter. Catherine Natafalusy sent a letter to Paragon telling them that we are going to hold the check until...

Mr. Rattner: That was my suggestion, figuring we have to hold something over their heads, we need that information.

Mr. Tepper: Until he gives us the correct answer?

Mayor Scapicchio: COAH is looking for a document called the Market Analysis Plan.

Mr. Tepper: I think it’s his mortgage.

Mayor Scapicchio: No the mortgage we got.

Mr. Rattner: Whatever it is, we needed to get complete certification. They wanted some money back under the same program, if they are not going to help us. I mean that is the only hammer we have.

Mr. Dorsey: We went through that today. We had a conversation about that and we are going to withhold the payment.

Mr. Rattner: That’s what I said. So that’s fine, that’s all I wanted.

Mr. Buell: I just have a couple questions. I unfortunately didn’t get a chance to send Sherry a memo. Going through the invoices, I noticed there was large number of purchases of supplies. I hope we are not going through the process that we have money in our balances and therefore we are purchasing supplies, which is something that we saw last year. So we should begin to look at those kinds of regular purchases, I think at this point in time, to make sure that’s not happening and we are not just stockpiling things. I also just wanted to inform everybody that the Toll Brothers litigation for about $20,000 is back on this Bill List. We have not approved that on two previous occasions. I know Mr. Dorsey has indicated that we are going to have to pay it anyway, so at this point in time I am satisfied, I have the answers. I don’t agree with them necessarily, but I’ve got the answers. The other one is also the Garofalo/ O’Neill bill, I thought we had refused to pay that one simply because we never authorized this. This has to do with the Ruggierio/De La Roche appeal and I still won’t approve that one.

President Greenbaum: Is that it Jim?

Mr. Buell: That’s it.

Mr. Dorsey: I have one thing for Sherry. Sherry, did you get my memo on getting back from you the invoices for legal fees expended on...

Mrs. Jenkins: Yes, I did get it. Colleen is on vacation this week. There are only two people so it is probably not going to happen until next week John.

Mr. Dorsey: Okay because I want to sue for them.

Mrs. Jenkins: Understand.

President Greenbaum: Any other questions on the Bill List? Jim, I assume you will make the appropriate motion at the end of the meeting to remove whatever it is, just the legal bill for Garofalo and O’Neill?

Mr. Buell: Yes. The legal bill for Garofalo and O’Neill as I said at this point I am now going....

Mr. Rattner: The $35.00 one too?

Mr. Buell: That includes that. The other question I forgot, Sherry, we got an add to the Bill List tonight. Were those invoices in the package?

Mrs. Jenkins: They’re escrow, they’re here.

Mr. Buell: Okay, the list of added, those are just the escrow list.

Mrs. Jenkins: It’s just the escrows yes.

APPROVAL OF MINUTES OF PREVIOUS MEETINGS

Oct. 10, 2006
Present: Mr. Buell, Mr. Tepper, Mr. Perkins, Mr. Rattner, Mrs. Labow, Mr. Greenbaum
Absent: Mr. Biondi

Oct. 24, 2006 CS
Present: Mr. Buell (recused), Mrs. Labow, Mr. Tepper, Mr. Greenbaum, Mr. Rattner, Mr. Perkins & Mr. Biondi
Absent: None

President Greenbaum: Moving on, Approval of Minutes from previous meetings. October 10, 2006 and October 24, 2006 CS. Mr. Tepper, do you want to move those please?

Mr. Tepper: Yes, Mr. President. I move for the approval of Minutes of October 10, 2006 and October 24, 2006.

Mrs. Labow: Second.

President Greenbaum: Any questions, deletions, comments? Seeing none, Roll Call.

ROLL CALL: Passed Unanimously with the exception, Mr. Buell abstained on October 24, 2006, Mr. Biondi abstained on October 10, 2006

CORRESPONDENCE

LETTERS FROM RESIDENTS / ORGANIZATIONS

1. Letter received October 27, 2006, from PMK Group Environmental regarding EPA Announces DPW Environmental Compliance Initiative.

2. Letter received November 2, 2006, from Yvonne Lee Urena regarding Flanders Yoga Studio.

3. Letter received November 20, 2006, from Lori McGill regarding concerns about Toll Brothers / Morris Chase Subdivision.
MUA / HMUA / MSA

4. Minutes received October 25, 2006, from Morris County Planning Board regarding September 21, 2006 meeting.

5. Letter received October 27, 2006, from Musconetcong Sewerage Authority regarding Comments on Public Hearing held on October 10, 2006 by the New Jersey Clean Water Council, “Improving Water Quality Planning and Management.”

6. Minutes received November 3, 2006, from Musconetcong Sewerage Authority regarding October 4, 2006, meeting.

7. 2007 Musconetcong Sewerage Authority Budget received November 20, 2006, from the Department of Community Affairs.

RESOLUTIONS / ORDINANCES / CORRESPONDENCE OTHER TOWNS

8. Resolution received October 23, 2006, from General Assembly of New Jersey regarding urging Bipartisan Action by the State Legislature on Ethics Reform.

9. Resolution received October 23, 2006, from City of Summit regarding Lackawanna Cut-Off – Urging Discontinuing of State and Federal Funding.

10. Ordinance received October 23, 2006, from Washington Township regarding Land Use.

11. Letter received October 23, 2006, from Township of Roxbury regarding Build-out and Capacity Analysis for Roxbury Township as a Technical Report of the Master Plan.

12. Resolution received October 25, 2006, from Township of Parsippany-Troy Hills regarding adoption of Assembly No. 3444 and Senate, No. 2183 and to introduce an Amendment to these Measures to Restore “Cap Banking” to Its Previous Status as it existed prior to 2004.

13. Resolution received October 27, 206, from Township of Hardyston regarding request verification that sewer service area approvals and Center Designations will not be modified in any Manner as a result of the Highlands Master Plan without the consent of the Municipal Governing Body.

14. Letter received October 30, 2006, from Borough of Chatham regarding provision for defense and indemnification of Municipal Police Officers and Police Departments Voluntarily serving on State and County Law Enforcement Task Forces.

15. Resolution received November 2, 2006, from Township of Hanover regarding support of Defense and Indemnification for County and Municipal Law Enforcement Officers who are subject to litigation arising out of the lawful exercise of their police powers while assigned to and working under the supervision of the State or County Prosecutor.

16. Resolution received November 2, 2006, from Township of Hanover regarding Ethics Reform.

17. Resolution received November 2, 2006, from Township of Jefferson regarding Consent Agenda Resolution Petitioning the State Legislature to Ban Phosphorus-Based Fertilizers.

18. Letter received November 6, 2006, from Washington Township regarding Public Hearing on Master Plan–Land Use Element.

19. Letter received November 13, 2006, from Township of Roxbury regarding Build-out Capacity Analysis for Roxbury Township as a Technical Report of the Master Plan.

20. Resolution received November 13, 2006, from Township of Long Hill Regarding requiring the State Attorney General to provide a Defense and Indemnification for County and Municipal Law Enforcement Officers who are subject to litigation arising out of the Lawful Exercise of their Police Powers while
assigned to and working under the supervision of the State or County Prosecutor.

21. Resolution received November 13, 2006, from Towns of Boonton regarding The Morris County Legislative Delegation to Support the Adoption of Assembly No. 3444 and Senate No. 2183 and to introduce an amendment to these measures to restore “Cap Banking” to its previous status as it existed prior to 2004.
22. Letter received November 15, 2006, from Washington Township regarding Adoption of Master Plan – Amendment Land Use Element.

23. Notice received November 20, 2006, from Township of Chester Regarding Public Meeting concerning Kressler Institute for Rehabilitation, Inc.
24. Resolution received November 20, 2006, from Township of South Brunswick regarding Responding to the U.S. Army Corps of Engineers Final Environmental Impact Statement Regarding Proposed Route 92

25. Ordinance received November 22, 2006, from Township of Byram regarding Land Use.

COAH

26. Letter received November 20, 2006, from State of New Jersey, Council on Affordable Housing regarding re-petition for substantive certification of the Township’s housing element and fair share plan.

LEAGUE OF MUNICIPALITIES

27. Letter received October 25, 2006, from New Jersey State League of Municipalities regarding League Policy Summit.

28. Legislative Bulletin received October 30, 2006, from New Jersey State League of Municipalities regarding Bills that were enacted as Public Laws of 2006-2007.

29. Annual Survey received November 16, 2006, from New Jersey State League of Municipalities.

30. Seminar Information received November 16, 2006, from New Jersey State League of Municipalities regarding Newly Elected and Reelected Officials.

31. Legislative Bulletin received November 17, 2006, from New Jersey State League of Municipalities regarding bills that were enacted as public laws of 2006-2007.

DOT / DEP / LOI / HIGHLANDS

32. Letter received October 23, 2006, from Spillane Engineering Associates, LLC regarding Highlands Applicability Application for Block 8500, Lot 10 (123 Mine Hill Road)

33. Letter received October 23, 2006, from State of New Jersey, Department of Environmental Protection regarding Agency Determination: Highlands Act-Exempt, Water Quality Management Plan – Not Addressed for JCP&L Drakestown Substation Block 8400, Lot 3 (6 Naughright Road)

34. Letter received October 25, 2006, from State of New Jersey, Department of Transportation regarding Traffic Engineering and Investigation along Route 206, Flanders.

35. Letter received October 25, 2006, from Giordano, Halleran & Ciesla regarding Fox Chase – Single Family Residential Subdivision, Highlands Exemption Request.

36. Letter received October 27, 2006, from State of New Jersey, Department of Transportation regarding Safe Routes School Program.

37. Letter received October 30, 2006, from State of New Jersey, Department of Environmental Protection regarding Extension of Time, Treatment works approval No. 03-0438 – Morris Chase, Lot 79, Block 4400, Goldmine Road.

38. Letter received October 30, 2006, from DIG Engineering company regarding Freshwater Wetlands GP-
Permit Application – Block 7600, Lot 62 (117 Mount Olive Road)

39. Letter received October 30, 2006, from EcolSciences, Inc. regarding Application for a Letter of Interpretation – Line Verification for Block 4100, Lot 62 (135 Route 46)

40. Letter received November 1, 2006, from State of New Jersey, Department of Environmental Protection regarding Highlands Applicability and Water Quality Management Plan Consistency Determination Application Form for Norrie, Single Family Home Block 1201, Lot 7 (77 Crease Road)

41. Letter received November 1, 2006, from State of New Jersey, Department of Environmental Protection regarding Letter of Interpretation – Line Verification – Withdrawal of Highlands Resource Area Determination Application. Applicant: Princeton Alliance Church Block 7000, Lot 87 (1 River Road)

42. Letter received November 1, 2006, from EcolSciences, Inc. regarding Application for an Extension of Letter of Interpretation: Line Verification Block 4500, Lots 35 and 36. (104-106 Route 206 and 3 Eden Lane)

43. Letter received November 16, 2006, from State of New Jersey, Department of Environmental Protection regarding In Lieu of Tax Payment.

44. Letter received November 17, 2006, from State of New Jersey, Department of Environmental Protection regarding Final Solid Waste Facility Permit for a SW Transfer Station Permit, Morris Co. MUA.

45. Letter received November 20, 2006, from State of New Jersey, Department of Environmental Protection regarding Former Kartar Corporation – Former Sunoco Service Station, 341 Route 46 – Remedial Action Work plan.

46. Letter received November 20, 2006, from Commissioner Kris Kolluri, Esq. regarding Funding for Mount Olive from the NJDOT Fiscal Year 2007 Municipal Aid Program for Naughright Road.

47. Letter received November 22, 2006, from State of New Jersey, Department of Environmental Protection regarding Deficiency Letter for Application for Extension of a Transition Area Waiver – Averaging Plan and General Permit No. 11 Applicant: Toll NJ1, LLC Block 4400, Lots 86 and 108. (39 Soverign Drive and 152 Flanders Netcong Road)
DCA

48. E-mail received October 24, 2006, from Department of Community Affairs regarding 2006 Shared Services Survey, New and Improved SHARE Program, CY 2007 Budget Cost of Living Allowance Rate, 2007 Authority and Fire District Budget, Local Finance Notice 2006-16, The NJ Historical Commission, League of Municipalities 91st Annual Conference and Discussion Forums: questions of Clerks.

49. E-mail received November 6, 2006, from Department of Community Affairs regarding Local Finance Notice 2006-21, 2006 Shared Services Survey, The Department of Treasury, New and Improved SHARE Program, CY 2007 Budget Cost of Living Allowance Rate, 2007 Authority and Fire District Budget Forms, Local Finance Notice 2006-16, Smart Growth, The New Jersey Historic Trust, NJ Historical Commission, League of Municipalities 91st Annual Conference and Discussion Forums.

TORT

50. Construction Lien received October 30, 2006, from Donald Scholl, Jr. regarding Mount Olive Childcare Learning Center.

51. Tort Claim received October 30, 206, from Robert Jones regarding Barry Fitzpatrick, Rosita Romero- Munoz and Daska Novia – Date of Accident: 9/27/06.

MISCELLANEOUS

52. E-mail received October 27, 2006, from Events by Lieberman & Blecher, P.C. regarding Complimentary Breakfast Seminar: NJ’s Threatened & Endangered Species.

53. Information received October 27, 2006, from National League of Cities regarding Conference Workshop information.

54. Letter received November 1, 2006, from Glenn Geiger regarding Combe Fill North Landfill Site (Block 4100, Lot 10).

55. Information received November 2, 2006, from New Jersey Planning Officials regarding Dues Notice and Membership information.

56. Information received November 7, 2006, from Whippany River Watershed Action Committee regarding Seminar for Initiatives and Projections Impacting your Community’s Water Supply.

57. E-mail received November 16, 2006, from Division of Community Development, County of Morris regarding Project Homeless Connect.

58. Letter received November 16, 2006, from Secure the Call Foundation regarding collection and redistribution of cell phones.

59. Letter received November 20, 2006, from Heritage Conservancy regarding Free Low Impact Development Training Program for Municipal Officials with in the Musconetcong Watershed.

60. E-mail received November 22, 2006, from Delaware River Basin Commission regarding A Multi- Jurisdictional Flood Mitigation Plan for the Non-Tidal New Jersey Portion of the Delaware River Basin.

UTILITIES

61. Fax received October 26, 2006, from Comcast regarding Channel Adds and Deletions.

62. Letter received October 30, 2006, from Comcast regarding the addition of Channels.

63. Letter received November 6, 2006, from Verizon regarding Notice of Verizon New Jersey Filing with the Office of Cable Television for Grant of System – Wide Franchise.

LETTERS FROM LEGISLATIVE REPRESENTATIVES

64. Notice received October 26, 2006, from Assemblyman Guy Gregg regarding Toys for Tots.

65. E-mail received November 17, 2006, from Congressman Frelinghuysen regarding House Approves Additional Benefits for Disabled Service Members; STOP Act passes House, Two New Destinations for Washington, D.C. Visitors.

President Greenbaum: There are 65 pieces of correspondence on the amended Agenda. Does anyone wish to discuss any particular piece of correspondence?

Mr. Buell: Yes #36. It has to do with the letter from Toll Brothers to the Department of Environmental Protection regarding the extension of time again for the Morris Chase.

President Greenbaum: Are you looking at the amended Agenda, #37?

Mr. Buell: Okay.

Mr. Biondi: It’s 37.

Mr. Buell: It’s 37?

President Greenbaum: October 30, 2006 letter?

Mr. Buell: Yes. Is there anything we can do as a Council, or should we make a resolution requesting that the Department of Environmental Protection not grant this extension. Can we?

Mr. Dorsey: Well, you certainly can make that recommendation. Do we have...I don’t want to use the word intelligent, do we have a reasonable basis and reasons to make that recommendation?

Mr. Tepper: An unreasonable extension in time of basically what they are asking for....

Mr. Dorsey: This is actually, its letter #37.

President Greenbaum: Thirty-seven. Well, we will take a look at that issue.

Mr. Dorsey: We can always send them a resolution to that effect.

President Greenbaum: I think we have to be very careful in terms of the way we approach any issues regarding that Toll Brothers development because of the courts position, Mr. Dorsey feels otherwise.

Mr. Dorsey: Well, I think we can always express our position if we have some reasonable basis. I mean I like what Russ says. I understand they are now requesting a six year additional expansion. That would make a total approval period of 20 years.
President Greenbaum: Those are the same arguments that were made before the Superior Court when it was 14 years and the court rejected 14 years as a period of time that was not unreasonable...not excessive.

Mr. Dorsey: I don’t want to disagree with the Council President because we know he is a very experienced litigator. It seems to me that those arguments were made within a very kind of fixed framework in which Morris Chase had done a number of things almost bringing them to the point that they needed to be in order to get those extensions. I remember when we were talking about six years, when that matter was before the court last year. We were talking about one year further extensions.

President Greenbaum: I have no problem writing a letter. I don’t think we need to adopt a Resolution do we? I think we just write a letter indicating that...... Can you draft such a letter for us Mr. Dorsey?

Mr. Dorsey: I can.

Mr. Tepper: I would like to understand the need for it.

President Greenbaum: What’s that?

Mr. Tepper: I would like to understand the need, why they are unable once again to complete what they were supposed to in the timely fashion.

President Greenbaum: I think at this point anything that we can throw into the works may work to our advantage from a leverage perspective. Mr. Dorsey, the articulate Township Attorney, has convinced me. Okay, any other discussion on any other piece of correspondence?

ORDINANCE FOR PUBLIC HEARING

President Greenbaum: We have one ordinance for public hearing this evening entitled:

Ord. #30-2006 An Ordinance of the Township Council of the Township of Mount Olive to Amend the Salaries of Certain Non-Union Personnel for the Year 2006.

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

Mr. Buell: Yes. I move Ordinance #30-2006.

President Greenbaum: Actually, before you move it, just take it back. I am going to open it up to the public before it gets moved. Is there anyone from the public who wishes to be heard? Seeing none, I close it to the public. Now you can move it.

Mr. Buell: I move Ordinance #30-2006.

President Greenbaum: Okay, is there a second?

Mr. Biondi: Second.

President Greenbaum: Is there any discussion? Roll Call please.

ROLL CALL: Passed Unanimously

President Greenbaum: Ordinance #30-2006 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 - 2nd reading 12/19/06

President Greenbaum: This evening we have one ordinance for first reading entitled:

Ord. #34-2006 Ordinance Appropriating $418,412 for the Acquisition of the Mandelbaum Property in and by the Township of Mount Olive, in the County of Morris, New Jersey. (*Added)

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


Mr. Tepper: Certainly, I move that Ordinance # 34-2006 be introduced by title, and passed on first reading, and that a meeting be held on December 19, 2006 at 7:30 p.m. at the Municipal Building, 204 Flanders-Drakestown Road, Mount Olive, New Jersey, for public hearing, consideration of second reading and passage of said Ordinance, and that the Clerk be directed to publish, post and make available said Ordinance in accordance with the requirements of the law.

President Greenbaum: Is there a second?

Mr. Biondi: Second.

President Greenbaum: Any discussion? Roll Call please.

ROLL CALL: Passed Unanimously

CONSENT RESOLUTIONS AGENDA:

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

CONSENT RESOLUTIONS

1. Resolution of the Township Council of the Township of Mount Olive Urging the Continuation of State and Federal Funding for the Lackawanna Cutoff Project.

2. Resolution of the Township Council of the Township of Mount Olive Authorizing the Release of Guarantees Posted by Ken’s Barns and Gazebos.

3. Resolution of the Township Council of the Township of Mount Olive Awarding a Contract to Penske Group in the Amount of $546,295.00 for Fleet Maintenance Service for the Year 2007.

4. Resolution of the Township Council of the Township of Mount Olive Approving Change Order #4 and Final Payment to the Contract for Renovations to the former Library for Use by the Mount Olive Child Care and Learning Center.

5. Resolution of the Township Council of the Township of Mount Olive Authorizing a Contract with Dingee Machine Company for the Installation of a Compressed Air Foam System. (amended)*

6. Resolution of the Township Council of the Township of Mount Olive Authorizing the Cancellation of Various Grant Balances.

7. Resolution of the Township Council of the Township of Mount Olive Authorizing the Withholding From Tax Sale Special Assessment Installments Not yet Due.

8. Resolution of the Township Council of the Township of Mount Olive Approving a Correction to Change Order #4 Previously Approved for Suburban Consulting Engineers, Inc., for Services on the DPW Garage Facility Project.

9. Resolution of the Township of Mount Olive Authorizing the Use of Various Purchasing Contracts.

10. Resolution of the Township Council of the Township of Mount Olive Authorizing that Block 1801, Lot 6.05 Be Removed from the 2006 Tax Sale.

11. Resolution of the Township Council of the Township of Mount Olive Correcting the Dollar Amount of Mandatory Development Fees to be Returned to Paragon Village.

12. Resolution Supporting Assembly Bill No. 3563 Requiring the State Attorney General to Provide a Defense and Indemnification for County and Municipal Law Enforcement Officers who are Subject to Litigation Arising out of the Lawful Exercise of their Police Powers While Assigned to and Working Under the Supervision of the State or County Prosecutor.

13. Resolution of the Township Council of the Township of Mount Olive Authorizing an Agreement to
Farming Activity on Charters Farm, Block 8300 Lots 3, 4 and Block 900, Lot 1.
14. Resolution of the Township Council of the Township of Mount Olive Authorizing a Notice to be Sent to the Property Owners of 14 Crossing Drive and 21 Woodcrest Avenue with Regard to Sidewalk Repairs.

16. Resolution of the Township Council of the Township of Mount Olive Authorizing the Services of North Star for Removal of the Baptist Church Steeple for Repairs.

17. Resolution of the Township Council of the Township of Mount Olive Urging and Requesting the New Jersey Transit to Provide Midtown Direct Service from Mount Olive to New York City.

18. Resolution of the Township Council of the Township of Mount Olive Authorizing Materials and Equipment for Emergency Stabilization of the Seward House. (*Added -mistakenly not put on previously)

President Greenbaum: There are 17 resolutions, #15 was put on Non Consent. So it is #1-14, #16-18. Does anyone wish to have....yes are you going to pull the...

Mr. Sohl: No, I am just going to indicate that I would like to, I believe it would be accurate to move #3, the Fleet Maintenance one, to the Non Consent. We have to make a change relative to a technical point.

President Greenbaum: Okay, we will move #3, which one Colleen?

Mrs. Labow: Number seventeen.

President Greenbaum: Okay we will move #17 to Non Consent.

Mr. Rattner: And number eleven.

President Greenbaum: And eleven to Non Consent. Okay, that leaves us with #1, 2, 4 - 10, 12 – 14, 16, and 18 on the Consent Resolutions Agenda. Mr. Rattner, do you want to move that please?

Mr. Rattner: I move Consent Agenda and that includes resolutions #1, 2, 4 - 10, 12 – 14, 16, and 18.

President Greenbaum: Is there a second?

Mr. Tepper: Second.

PUBLIC PORTION ON CONSENT RESOLUTIONS

President Greenbaum: Is there anyone from the public who wishes to be heard on any of the resolutions on the Consent Resolutions Agenda? Yes ma’am, can you please come up and state your name and address. First of all, let me congratulate you on the Mandelbaum property purchase, another job well done.

Mrs. Murphy: Thank you. Can we just move #16 to Non Consent please?

President Greenbaum: It has already been moved, do you want to amend the motion to put #16 on the Non Consent?

Mr. Rattner: I amend my motion to exclude Resolution #16 from the Consent Resolutions.

Mrs. Labow: Second.

President Greenbaum: You seconded it originally?

Mr. Tepper: Second, whatever.

PUBLIC PORTION ON INDIVIDUAL RESOLUTIONS

President Greenbaum: It has been moved to the Non Consent. Is there anyone else from the public who wishes to be heard on any of the resolutions on the Consent Resolutions Agenda, seeing none.

COUNCIL COMMENTS ON INDIVIDUAL RESOLUTIONS

President Greenbaum: Is there any Council discussion? Roll Call please.


ROLL CALL: Passed Unanimously with the exception Mr. Rattner, abstained on #4.

RESOLUTIONS NON CONSENT

President Greenbaum: We are up to the Non Consent Resolutions. The first is #3 entitled:

3. Resolution of the Township Council of the Township of Mount Olive Awarding a Contract to Penske Group in the Amount of $546,295.00 for Fleet Maintenance Service for the Year 2007.

Mr. Dorsey: Number three if everyone one would look at it, I can do this for you very quickly. On the very last line of that resolution, it starts off $546,295.00. We have to insert, we have to change the last line so it will read as follows: “$546,295.00 for the first year of a five year contract. Specifically with the right of the Township to terminate the contract on each anniversary date by way of a 60 day prior notice of cancellation with the service to commence on January 1, 2007.”

President Greenbaum: The resolution as amended is acceptable to the Administration?

Mayor Scapicchio: Absolutely.

Mr. Dorsey: They asked for it.

Mr. Tepper: It doesn’t matter. The last Administration used to ask and then say no.

Mr. Biondi: Here, here now, be nice.

President Greenbaum: Mr. Rattner do you want to move that?

Mr. Rattner: Yes, I move the resolution of the Township Council of the Township of Mount Olive Awarding a Contract to Penske Group in the Amount of $546,295.00 for Fleet Maintenance Service for the Year 2007.

Mr. Dorsey: As amended.

Mr. Rattner: As amended.

President Greenbaum: Is there a second?

Mrs. Labow: Second.

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

ROLL CALL: Passed Unanimously

President Greenbaum: The next resolution on the Non Consent Resolutions is:

11. Resolution of the Township Council of the Township of Mount Olive Correcting the Dollar Amount of Mandatory Development Fees to be Returned to Paragon Village.

President Greenbaum: Mr. Rattner do you want to move it?

Mr. Rattner: Yes, I move Resolution #11 as read.

President Greenbaum: Is there a second?

Mr. Tepper: Second.

President Greenbaum: Moved and seconded. Is there anyone from the public?

Mr. Rattner: Yes, I just wanted to make sure that it is on the, that we put it on the public record at this time, that the Administration is going to withhold the payment, the refund, until we get the information we need to complete our application to COAH.

Mrs. Labow: Okay, so you’re not going to approve this one then?


Mr. Rattner: We are going to approve it. We know we owe them the money. They are just not going to pay them until...we owe them this money yes, so we are going to approve that.

President Greenbaum: Does anyone else have any comment?

Mrs. Labow: Okay, so we are approving the payment but we are not sending it out.

President Greenbaum: Okay, any other comments, any other relevant comments? Roll Call please.

ROLL CALL: Passed Unanimously

President Greenbaum: We are up to # 15 entitled:

15. Resolution of the Township Council of the Township of Mount Olive Authorizing a Contract with David Bogert for the Stabilization of the Seward House at the Rate of $52.00 an Hour for Approximately 1000 Hours. (*Moved to Non Consent)

President Greenbaum: Mr. Biondi, could you move that please?

Mr. Biondi: Thank you, Mr. President. I move Non Consent Resolution #15 for approval.

Mrs. Labow: Second.

President Greenbaum: Any discussion from the public? I had asked that it be put on Non Consent. There was an issue that was raised at our workshop as to whether or not it was appropriate to award this contract, or whether or not it was something which needed to be bid out. Based upon the recommendation of the Administration that it was an emergent matter to stabilize the house and I believe that we have had a legal opinion which indicates based upon that piece of information that we are able to move forward with this contract. Is that correct Mr. Dorsey?

Mr. Dorsey: Yes, I want to make it very specific. Kathy has advised me that she has a letter from the architect for this project who advises that the stabilization of this building is necessary immediately if it is able to withstand the inclement weather which is not today, but is expected within a very short period of time. In other words, we are talking about stabilizing the structural portions of this building in order to prevent its collapse. Those collapses are as you know hastened by heavy snow storms, accumulations of snow and ice. So the choice appears to be that you either proceed with this on an emergent basis or you will not get the necessary work accomplished before the building is further weakened and or destroyed. This would mean that all the money that the Township has spent in this effort thus far would be wasted and, therefore, I think it’s a
worthwhile approach to say that this is indeed an emergent situation unless you believe that we will have no further cold weather and no further snow or ice during the winter.

President Greenbaum: Okay.

Mr. Rattner: We could pass a resolution banning it.

President Greenbaum: Is there any discussion? Roll Call please.

ROLL CALL: Passed Unanimously

President Greenbaum: We are up to Resolution #16 entitled:

16. Resolution of the Township Council of the Township of Mount Olive Authorizing the Services of North Star for Removal of the Baptist Church Steeple for Repairs.

President Greenbaum: Mrs. Labow, do you want to move that please?

Mrs. Labow: I move resolution #16.

Mr. Biondi: Second.

President Greenbaum: Moved and seconded, Kathy.

Mrs. Murphy: In lieu of the some vandalism issues that we have had on some projects, for another $200 the contractor is willing to move that steeple up here behind the Municipal Building and then use a crane to drop it off in a more secure spot and given the historic nature of it that, that would be the best option.

President Greenbaum: So you are looking to amend the resolution.

Mrs. Murphy: Amend the resolution, add $200.00.

President Greenbaum: Add $200.00 and the money will be coming from where, the same place....

Mrs. Murphy: It’s out of the Grant.

President Greenbaum: Sherry, the money is available?

Mrs. Jenkins: Yes.

President Greenbaum: I assume that Colleen, you are prepared to agree to the amendment to change the number to add an additional $200.00?

Mrs. Labow: Yes, agreed.

President Greenbaum: Who seconded?

Mr. Biondi: Second.

President Greenbaum: Okay, it was seconded. Did you originally second it John?

Mr. Biondi: Probably not.

Mrs. Masser: I don’t know I couldn’t even hear who seconded it.

President Greenbaum: Okay, John seconded and agreed to the amendment.

Mr. Biondi: Just did it again.

President Greenbaum: Is there anyone else from the public, anyone on Council? Roll Call please.

ROLL CALL: Passed Unanimously

President Greenbaum: We are up to the last resolution on the Non Consent Resolutions Agenda it is:

17. Resolution of the Township Council of the Township of Mount Olive Urging and Requesting the New Jersey Transit to Provide Midtown Direct Service from Mount Olive to New York City.

President Greenbaum: Mrs. Labow, do you want to move that please?

Mrs. Labow: I move Resolution #17.

President Greenbaum: Is there a second?

Mr. Biondi: Second.

President Greenbaum: Seconded by Mr. Biondi. Anyone from the public?

Mrs. Labow: I just wanted to pull this off of Non Consent because I know the reason that it doesn’t go into midtown is because they stopped, they won’t allow it because...what is it they will only allow electric through to New York?

Mr. Rattner: Right.

Mrs. Labow: I just wanted to make sure that everyone’s in agreement with the resolution before we send it forward. I mean even though we know it’s not possible, just maybe let them just send it on and see what we can work out.

Mr. Rattner: We also have to look... you know they are working on the Lackawanna cut off which means they are going to have the trains going all the way to Stroudsburg again. I think everybody is aware that the electrification stops in Dover and that’s why that’s where you change. At least let them know we think it makes sense and if they are going to be running the lines, let that be in the planning. Maybe this is one way of getting it up there.

Mrs. Labow: Okay.

President Greenbaum: Any other Council comment? Roll Call please.

ROLL CALL: Passed Unanimously

MOTIONS

2. Approval of Raffle Application #2171 for the Mt. Olive Historical Society; Raffle Application #2172 and Bingo Application #2173 for K of C #6100 Fr. Joseph A. Cassidy Council and Raffle Application #2174 for the Parents Club Mt. Olive High School.

President Greenbaum: Mr. Buell, do you want to move the Motions on the Amended Agenda please?

Mr. Buell: I move for the Approval of Raffle Applications.

President Greenbaum: Is there a second?

Mr. Rattner: Second.

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

ROLL CALL Passed Unanimously with the exception, Mrs. Labow abstained on #2174

3. Bill List.

President Greenbaum: Mr. Tepper, do you want to move the Bill List? Mr. Buell is going to amend, unless you want to make that motion to remove the payments to Garafalo and O’Neill, or whatever the name of the law firm is...Garafalo and Pryor. Do you want to move it, either one of you? Mr. Buell, do you want to move the Bill List?

Mr. Buell: Yes, let me move the Bill List but I would like to amend it to strike invoice # 06559-4-5-6 to Garafalo and Pryor for the reason that we have not authorized the payment of these monies.

President Greenbaum: Is there a second?

Mrs. Labow: Second.

President Greenbaum: Any discussion? Roll Call.

ROLL CALL: Passed Unanimously with the exception, Mr. Rattner abstained on Carter Construction because of a relationship with Mount Olive Child Care and Learning Center

ADMINISTRATIVE MATTERS

Status of Library Grant Monies to be Turned Over to Twp.

Library Board Report

President Greenbaum: That concludes the Motion portion of our Agenda. We are up to Administrative Matters. Is there anything additional to report at this point in time Mayor?

Mayor Scapicchio: Rob, you have two items under old business and that is the status of the grant monies that the Library is presently holding onto. I am confident that at the next board meeting of December 13th that issue will be resolved. You are all in receipt of a memo from Rita Hilbert dated November 24, 2006. She tells us the handicapped parking quotes or quote has come in at about $85,000. There is also somewhat of a breakdown, although not detailed, it’s categorized of some outstanding liabilities and they total about $300,000. Rita has classified approximately $290,000 of that amount as subject to negotiation.

Mayor Scapicchio (Cont’d): I am not quite sure what that means but we will find that out on the 13th. In further discussions with Rita about the $100,000 grant monies that are left over are still remaining at the State level. She said at one point in time that Jerry Sheard, the Board President, had sent a letter requesting an extension of that grant money. That request was denied. I asked Rita what her intentions were and she was going to have Jerry resend a new letter with both him and the Library Board’s Attorney both signing that. I asked what difference another signature would make in terms of them granting that extension and I didn’t get an answer to my satisfaction. I am not quite sure how we should move or how we could move forward. It would be nice if we could do something before the 13th of December to try to protect that money. Maybe the best course of action is to have Mr. Dorsey speak with the Library Board’s Attorney because it has something to do with litigation in terms of the architect not wanting to sign off on that project because he feels he is owed money.

Mr. Tepper: Consistent with that, could we have Mr. Dorsey contact the architect/ Blackstone and explain that if they jeopardize the $100,000 that we will look to hold them liable.

Mr. Dorsey: Wait, Blackstone is the contractor.

Mrs. Labow: Kowal is the architect.

Mr. Tepper: So I mean if the architect is delaying this because of a bill and the work is being completed. He can identify that there is an exposure or potential liability but that should not preclude him from signing off.

President Greenbaum: I agree.

Mayor Scapicchio: It is my understanding that there are some minor punchlist items and I guess he is using that as leverage.

President Greenbaum: Leverage to the extent that we are going to lose $100,000 is not leverage, its blackmail.

Mayor Scapicchio: I am sharing that information and I think Mr. Dorsey needs to talk.....

President Greenbaum: Mr. Dorsey will write the appropriate letter indicating that the Township expects him to sign off on the document.

Mayor Scapicchio: Then I am sure at the next board meeting...

Mr. Dorsey: I will do that if somebody gives me a memo giving me his name and address.

Mayor Scapicchio: We will make sure you get that tomorrow.

President Greenbaum: I guess at this point we need put back on the $100,000 that we have withheld from the Library contribution for the next meeting Sherry. We still have $100,000 of contribution that hasn’t been turned over to the Library so we need to put that... process that through.

Mr. Rattner: Well, I can tell you one thing, if they generated a $100,000 loss, I say they have to cover it out of their operating expenses to reimburse us because that $100,000 was a reimbursable expense that is on our books today as a receivable. So I will not support it.

President Greenbaum: I am not sure that we, from an accounting perspective and as the State law requires that we can do that. That’s an issue which we tangentially addressed when we withheld the payment in the first instance.

Mayor Scapicchio: Rob, your next public meeting is the 19th of December?

President Greenbaum: Yes.

Mayor Scapicchio: I would think that after our meeting of the 13th, we should have some more detailed information before you have to make that decision, that may help you...

President Greenbaum: We will put it on for processing. We will deal with it as a Bill List item on the 19th.

Mrs. Labow: Mayor Scapicchio, have you reached out to the State to find out why they denied Mr. Sheard’s request, actually called them?

Mayor Scapicchio: I have not personally, Sherry have you? I know we briefly talked about that. I am not sure if I gave you the direct instructions to do that.
Mrs. Jenkins: I have talked to them about other things but not that issue.

Mayor Scapicchio: The answer is no.

Mrs. Labow: Can we do that, just because maybe we can find out what exactly the reason is and copies of the letter as to why they rejected it, just to read it for ourselves.

Mayor Scapicchio: We will do that.

President Greenbaum: Do you want to come up to the podium?

Mrs. Jeska: Do I have to?

President Greenbaum: Yes. Otherwise, you don’t get picked up on the tape and you have to state your name and address for the record.

Suzanne Jeska: I just wanted to say that I will work with the new Library Board and try to get this issue closed and resolved by December 13th and with the Mayor also. So we will work toward resolving that.

President Greenbaum: Thank you. Any other Library issues? Are there any other Administrative issues before we get to Old Business?

OLD BUSINESS

Status of Charters Farm

President Greenbaum: Okay, then the first item on Old Business is going to be the status of Charters Farm. You’ve had an easy night so far Bill.

Mr. Sohl: I know.

Mrs. Murphy: The soil has been removed. The contractor has been getting all the reports filed with DEP and we will have to wait for our final letter of no further action. We also expect Frank Pinto to be coming to Council, probably next month to discuss the sale process and we authorized tonight for Perkoski to go in and get those fields taken care of.

President Greenbaum: Okay and then Morris County has obviously been kept in the loop in terms of the project...

Mrs. Murphy: Yes, they are aware of all of our expenses and the status of all the ongoing issues.

Mr. Dorsey: Kathy, if we authorized Perkoski tonight, obviously it seems to me after this long wait that we are in a position through the County to finalize the specifications for the sale of the property. Did we give Perkoski a lease tonight that would interfere with that sale?

Mrs. Murphy: No. This actually is done with the blessing and request of the County to do this because we want to get the fields dressed and cleared there has been some invasive species there...

Mr. Dorsey: This is not authorizing him to farm next year, this is.....

Mrs. Murphy: No, tonight was just clearing.

Mr. Dorsey: Alright, I’m sorry.

Library Handicapped Parking

President Greenbaum: Okay, I assume there is nothing further right now on the Library Handicapped Parking issue. That will be addressed, I guess, probably within the very near future.

Old Flanders Tennis Courts – Auxiliary Parking

President Greenbaum: There was an issue with regard to the old Flanders tennis courts. There was a proposal. I know Mr. Buell had at least discussed turning those tennis courts into parking to alleviate some of the problems on Glendale with the use of the Dan Jordan Field. Is that something that the Administration has looked at, at this point in time?
Mr. Sohl: No, no we have not. I have not, I can not say absolutely.

President Greenbaum: I will keep that as a tickler item.

Mr. Buell: Yes, the other thing, while I was at League walking around there was a booth that they were going to send me the information from. Basically, they indicated that they could reconstruct those two courts for about $20,000 by overlaying it with squares of plastic material designed just for that purpose.

President Greenbaum: I think you have to make a decision if you are going to push this project forward, and I applaud your effort in undertaking this, as to what direction you want to suggest to the Administration in terms of where you want it to go, either a parking lot or to refurbish is as a tennis court or for some other use and I would like to get a recommendation from the Administration as to what we are going to do with this tennis court area.

Mr. Rattner: Mr. Buell, I saw the same vendor. He caught me just right and I said is that just plastic interlocking things and then you need the base and then there is another $1.50 for laying it down so I came up a little bit higher maybe around $28,000 but I happened to be there with the engineer of Parsippany. We were looking at it and he was telling me they just got done redoing their tennis courts. They do it themselves, he said as long as you have a grinder in a box, which is what Washington has, he says they have been doing it for about $7,000. You know they actually mill it and then put another surface on top of it and they have been doing it in house for about $7,000. Maybe that is something we want to look at. I mean this is not something we want to discuss tonight. I think Tim has already discussed some of the costs and something like that before and we didn’t have the equipment but if we can get it done and we can get the advice of somebody else.....they do it on a regular basis.

President Greenbaum: I am going to move this item off of our public meeting agenda to our workshop so that we can keep it as a tickler item so that we can decide where we are going.

Mr. Sohl: Yes, I would agree with that.

President Greenbaum: Alright, I will leave it on as a tickler item. Any other Old Business?

Mrs. Labow: The recreation plan, it would be the master plan going for the recreation for the fields and so on and so forth which started a couple of months ago. We haven’t had an update or a status on it. I don’t know if anybody has brought that to your attention yet?

President Greenbaum: I will put that on the Agenda for a workshop meeting the beginning of the New Year after the Reorg meeting. I will put in on for the first workshop after the Reorg meeting. We will keep that as a tickler item as well.

Mrs. Labow: I think it will be important with our capital and so on and so forth.

NEW BUSINESS

President Greenbaum: I agree. Any other Old Business, any New Business?

Mr. Buell: Yes, this weekend the water system in the Clover Hill area, I had sent an email to Bill about this, was not inoperable but the lost pressure due to a series of issues, there was a large number of people who either called the dispatch service and got an answer that there are mechanical problems with the system and we are working on them. As I said a large number of people, I was at the firehouse as a result of an accident that happened on Route 206. There was about 30 people standing around talking and commenting about this and I don’t know how many people called the dispatch service. When something like this happens, it would be nice to have someplace where we could just refer people to a website or to our website for emergency communications of some sort.

Mr. Sohl: I believe we now have it on the website relative to what is going on in terms of the painting of the tank. I don’t disagree, it sounds like a great idea to put it on the website but what you don’t necessarily have available on the weekend is a web person, who is essentially Scott Gaskill in our case, who would just be readily available to fire it up. From my perspective, I think there are some things that need to be looked at in terms of making sure dispatch has the right information, current information and that is probably, given the event starts on a weekend, it’s probably the least course of resistance for most people who are going to call the Town Hall and get the dispatch.

Mr. Buell: Could you find out how many people called? I don’t have to have an exact number.

Mr. Sohl: You don’t have a number?

Chief Katona: No, we don’t record for a specific incident.

President Greenbaum: Bill, you’re going to have to, because you speak so softly, you’re either going to have to speak louder or speak directly into the microphone because Michelle is having trouble picking you up.

Mr. Sohl: No problem, I will make sure I speak more directly.

President Greenbaum: The Chief was just speaking.

Mr. Sohl: Chief Katona just indicated to me that calls via that process are not recorded. So there is not a number available. I will add that there were additional calls that I do know came in through the main number on Monday. So there was A, a lot of calls.

Mr. Biondi: Just to reinforce what Jim has brought up. I had some neighbors who it directly affected by that pressure situation. I understand that the school was directly affected with some flooding. I had one neighbor who had broken pipes in both bathrooms, upstairs and downstairs all directly resulting from that. Another neighbor has some flooding, so it is a very serious problem. They were concerned for me because I was away they thought my house was.....my house was fine. I live across the street I guess I was on the right end of it. It is a very serious problem. I am going to have to speak to Tim about this. I have already spoke to Jim Lynch about this but one of them happened to call someone in town and got a very offhanded response, which should not have happened.

Mr. Sohl: I would agree that should not happen.

Mr. Biondi: It doesn’t matter who it was. I don’t care who it was, and that should not happen. These are residents that pay their taxes and these are people that never complain.

President Greenbaum: Okay, if you could provide any additional information to Mr. Sohl so that he can direct it to the right group.

Mr. Biondi: I could do that.

President Greenbaum: Okay. Does that resolve the discussion on this particular issue? We will move onto the next piece of New Business which was Mr. Rattner.

Mr. Rattner: Yes, I think I actually have some good news. I just want to let you know for the last couple of years I have been chasing the DEP because of the phosphorus rules that they wanted put on and some of them being ridiculous. Actually, we calculated it would probably raise the cost of sewer service in Budd Lake by about 30% and plus put a lot of aluminum into the environment which we all know, all the diseases that are being attributed to it. Anyway, I got a letter yesterday and that’s not why I am bringing up now. Well the MSA has been granted a stay because of all the scientific data and they don’t have enough time to try computing it because they really didn’t use science, they were using politics but buried in the letter was something that I thought was very interesting that should help us with the one developable part of town that we have, which is the Trade Zone. Back in 2004 the State in all their wisdom basically put out an edict stating all streams and rivers in the State of New Jersey were impaired, which caused all kinds of grief for any type of building and actually they are starting to talking about doing 1,000 foot buffers on those types of things. Buried in here is one of the things that they actually alluded to is that the new list is coming out next month and the upper reaches of the Musconetcong is going to be removed from the impair list, which means after we can get through the Highlands, after we can get through the Planning area in those designations, at least this is one of the things that would eliminate it because you know the Musconetcong goes right through it. So at least that is some good news and I think what the news may be is that the DEP, where they still may not be user friendly, yet at least they are starting to react or to at least are starting to look at some things. Either that or enough people have scared them that they don’t want to embarrass themselves. I think it was very interesting, like I said next month we will be notified that the upper regions of the Musconetcong will be de-listed, it was never impaired to begin with.

President Greenbaum: Thank you. Any other New Business?


Mrs. Labow: I just wanted to bring up to Bill and Mayor Scapicchio, I had an occasion to speak with the owners of Marveland Farms after the Planning Board meeting two weeks ago. They said they would be more than happy to allow us to have access through their property to clean the Rosewood Ditch which I understand from Tim Quinn it has been an issue that we can’t get our equipment in on our side of the Rosewood Ditch because of the wet property and our equipment sinks so if we could follow up with a letter. I do have the card at home and they said there is a fence there. They said, “just remove it where you need to remove it and put it back. If you can’t, we will be happy to put it back but you are more than welcome to go in an do what clearing we need to do.”

Mr. Sohl: You have a letter from them?

Mrs. Labow: It was a verbal. I will confirm it with them in a letter.

President Greenbaum: It wasn’t Marveland Farms. It was the owner of the horse farm and you need a letter.

Mrs. Labow: Yes, that is Marveland Farms, the owner of the property, Mr. Grabovetz.

President Greenbaum: Yes, Mr. Grabovetz. He shook his head yes.

Mrs. Labow: He said yes, absolutely we shook on it. He gave me the business card so we are good to go and follow up with that.

President Greenbaum: Any other New Business?

LEGAL MATTERS

Mr. Dorsey: Yes, I will touch upon a couple of things. You do remember six weeks ago that we had the bidding on Combe Fill North. It was somewhat of an extraordinary event. To my enormous surprise, Mayor De La Roche refused to sign the contract so we had to wait until Mayor Scapicchio was sworn in to sign the contract. He immediately then asked me to pursue the Rockefeller Group as to what they were going to do and when they were going to do it. I immediately wrote a letter to the attorney and asked what their timeline was so that the Township would know how it could interface. Two days later we get a call that they have engineers who want to go in and inspect the site and through some magic or ledger germain Jim Lynch managed to get access to the property through a lock that had been put on there from DEP and I assume their engineers did their thing, gaining access through the director of Parks and Recreation and we will say no more in terms of that. So we wish to have a response. I assume it is only a matter of time now before there will be confrontations between the Rockefeller Group and the DEP, for which we have advised them we are prepared to be supportive of their efforts. Number two, the legal department has reopened and is giving out opinions left and right. Mr. Sohl and Mrs. Jenkins seem to reject mine for some unauthorized attorney of DCA who wants to give opinions. We do have one serious issue though and that is, that all of the sudden Oakwood Gardens has made a demand for $326,000 for sanitation costs that they have incurred and said that we should reimburse them for it but we hope to respond to that before the week is out with a definitive letter. Other than that, we are up to date.

COUNCIL REPORTS

Recreation Liaison Report

Mr. Biondi: Yes, even though I was absent. There are some things here that are becoming important at the end of the year. There are going to be six unfilled positions, three of which Jill would like to re-appoint those three people that are serving right now, which is not a problem but here are three other and those are pretty important. We need to fill those positions. Recreation in this town is one of the stellar things that we have to attract people here and you need people to work on that committee. So we need the public to submit applications or submit resumes. We will have three openings on that committee very shortly.

President Greenbaum: Are they Mayor choices by advise and consent or?

Mr. Biondi: Mayor and Council approval on some and the others, advise and consent.

Mayor Scapicchio: John, we have already some phone calls from some people that are interested and we will discuss that at Reorg.

Mr. Biondi: Good, there are three that Jill would like to reappoint, which ...not a problem.

Mayor Scapicchio: So noted.

Mr. Biondi: That is pretty much it. That was the most important thing.

Mr. Sohl: John, just as a follow up to that. As the Mayor said, Jill has been feeding that information to us and we have been feeding it directly.....

Mr. Biondi: Good, I missed the last meeting but I did contact her when I got back yesterday.

Board of Health Report

Mrs. Labow: We meet in two weeks.

Planning Board Report

Mr. Tepper: Meets on the 14th.

Board of Adjustment Liaison Report - None

Open Space Committee Report

Mrs. Labow: We had a meeting two weeks ago as we have been updated with a lot of the things that have been going on with Open Space and it is sort of an Open Space issue. Kathy Murphy and Laura Szwak and I met with a gentleman from the... what’s it called the JORBA Group and they do trails through the Allamuchy State Park and they are looking to continue their trail system through our Fire Tower area. It was an excellent meeting and we got a lot of information and I think some time in January and February when the gentleman gets freed up from one other project he is working on, they are going to start looking at some aerial views and things of that nature to see where we can actually put the trails in and we are looking to continue the Allamuchy trails through and into Mount Olive, which is an excellent program for us to get started up. I think that is just the beginning. From there we will start to have our trails throughout and hopefully at some point meet up with the....

Mr. Biondi: Patriots Path.

Mrs. Labow: Thank you, I was drawing a blank.

Legislative Committee Report

Mr. Biondi: As a result of my asking for a resolution to confirm the work we did with Guy Gregg’s office and the DOT. I am in receipt of a letter from the Mount Olive Police Department and we have to further discuss that with the Chief and Scott VanNess and hopefully we will get this thing finalized and gets those speeds reduced at certain points on Route 206.

President Greenbaum: Okay, you will report back to us?

Mr. Biondi: Yes sir.

President Greenbaum: Thank you, anything else?

Pride Committee Liaison Report -None

Board of Education Liaison Report

Mr. Buell: They met last night and they met the Friday night before that. The major two things that happened is we have a new school board member, Rene Gadelha I think is her name. Her kids attend Sandshore. She’s appointed through, I think, this March. The other thing of interest was, at last night’s meeting Chief Katona, Officer Kluska and Officer Braikovich gave a report to the School Board on the Resource Officers. Basically, it was an anecdotal report of what they run into, the kinds of activities that these two officers are now doing and finding the job, remembering this is only two months, it’s actually work in progress. Although, I think just reading from the body language and from the questions from the Board of Education it seems to be a very well received program at this point in time. The School Board has asked for a quarterly report ongoing as this program reels out.

President Greenbaum: Ed, I think it would benefit the Council to have a five minute presentation at one of our up coming meetings on the same subject. I will let you know, thank you.
Lake/Environment Issues Committee

Mr. Rattner: Nothing to report.

Safety Committee Liaison - None

Finance Committee Report

Mr. Rattner: Lisa and I are preparing a letter. We are going to get back together. We figure the first meeting we will see how many people still want to serve and we will probably meet with the Administration and come with exactly what we are going to do and make sure it meets with their approval.

Economic Development Committee Report

Mr. Rattner: Nothing to report. I would imagine that maybe something that the...probably not a top priority but something that the Administration to look at and get going again because it really is important.

Solid Waste Advisory Committee Report

Mr. Tepper: We meet on December 7th.

PUBLIC PORTION

President Greenbaum: At this point, I will open it up to the public. Do you want to start?

Nelson Russell, Budd Lake: As usual, I have a couple of questions on the Bill List. Page #11 about a third of the way down there is a payment of $6,192 to Brian Levine Esq. for litigation Ruggierio vs. Mount Olive and De La Roche vs. Lashway. I am assuming we’re defending suits in both of those cases or are we not paying for De La Roche are we?

Mr. Buell: No, Levine is the attorney for the Council, for Lisa, and for the town combined. We had authorized the payment of his bill in the process of this...of the appeal.

Mr. Russell: Okay, so De La Roche is not.....

Mr. Buell: No, O’Neill, the Garafalo, Pryor and O’Neill was the bill that was representing De La Roche.

Mr. Russell: Okay. On page #17 about two thirds of the way down I am just kind of dismayed that we are spending $12,500 on auto body repair. It says something about the driving capability of Township employees I guess.

President Greenbaum: Was there a question there?

Mr. Russell: There was no question, it was just a comment. On page #21 right at the bottom, you see mats for sanitation trailers which are noted as other professional service. Is that a miscoding? Is that a capital expense?

Mr. Quinn: No, it’s an operating expense.

Mr. Russell: It’s under other professional service?

Mr. Quinn: It’s under other professional services. It’s a cleaning service that comes in and maintains the mats and the rugs in the sanitation trailer.

Mr. Russell: Okay, I thought it was for the purchase of mats, I am sorry.

Mr. Quinn: No.

President Greenbaum: Ralph, you have to state your name and address as I am sure you know.

Ralph DeFranzo, Smithtown Road: Good evening.

President Greenbaum: Good to see you again, Ralph.

Mr. DeFranzo: It’s good to see you. Mr. Greenbaum, I think most of the Council knows me, the Administration. I question with respect to the Council’s position and the Administration’s position...I had some conversations with some other Planning Board members just today as a matter of fact. There seems to be some controversy about what Council’s position is or has been or if there is a resolution that was passed regarding appointments of professionals, specifically with regard to Planning Board of course.

President Greenbaum: Planning Board’s decision.

Mr. DeFranzo: I know that.

President Greenbaum: We all know that.

Mr. DeFranzo: Well apparently, maybe Lisa and some other.... I have not spoken directly to her but there has been some discussion that has gotten back to me second or third hand....

President Greenbaum: I think the discussion and I wasn’t involved with it. One second Russ. The discussion was that the decision as to professionals should wait until the Planning Board is reconstituted next year by the Planning Board. That was the only discussion, that it shouldn’t be done by this year’s Planning Board or next year’s Planning Board. Ultimately that decision, there is no question from anyone sitting up here, that the decision as to who to appoint for the Planning Board is a Planning Board decision.

Mr. DeFranzo: So the Town’s body should be left to the discretion of the Board.

President Greenbaum: Absolutely. So if you heard otherwise, than you misheard what the discussion was.

Mr. DeFranzo: Well, what I was told was that the Council has adopted a position about the pay to play laws or about the fair and open versus the...I’ll defer to Council, yes go ahead.

Mr. Dorsey: Wait a minute. That would have nothing to do frankly with the position of the Planning Board. So there is no misunderstanding, legally the various professional appointments made by the Planning Board are at the discretion of the Planning Board. The Township governing body does not make those appointments. I have never known them to try to make those appointments except for perhaps in the last Administration. The only thing the governing body does is set a budget within which those professionals or the Planning Board must operate but the appointments are the matter of the Planning Board.

Mr. DeFranzo: With respect to, and I understand you are city counsel, with respect to professionals for the Township as a whole for the Council, have you adopted a position with respect to the legislatures new recommendations?

Mr. Dorsey: We have adopted a position that we would appoint as we always have and would conform to the political contributions laws that are statutory now.

Mr. DeFranzo: Could you explain that in layman’s terms?

Mr. Dorsey: Well, the professionals must comply within those limitations.

Mr. DeFranzo: Now as far as appointments go, simply let me just put it on the record because that is what I am here to do tonight. That is, I have been advocating this, Mr. Tepper knows, he sits on the board with me, for a number of years now that we should invite various professional organizations and people. We can specify a number, be it three, or be it six or whatever, as we all know the state pay to play laws recommend or require three. I know the professionals are not under that discretion or whatever. It is politically expedient to say the least to invite proposals. I have been a major proponent of that whether it be for the Council or whether it be for the Planning Board or what have you. The point is there seems to be, whether it’s from one political side or the other, a determination that that’s not politically expedient for their causes. So we keep having this controversy, well I am personally fed up with it, that we keep going on with this.

President Greenbaum: I have no idea what you are talking about Ralph. I don’t know what dispute you are talking about and I know that we.....

Mr. Tepper: Rob, I will try to resolve it. There were some individuals that tried to bring up the point that they would limit the number of people that would be considered. That was pointed out by Ralph, by myself and others, that they needed to wait until the Reorganization Meeting and the board currently constituted would not select the professionals for next year. It would be done after the board was reorganized. There were certain individuals that didn’t want to accept that fact and wanted to limit the number of firms that could be considered and there was an argument that that was not applicable and it was to be discussed at a future meeting.
Mr. Dorsey: There is one thing for sure. This year’s Planning Board cannot make the appointments for next year.

Mr. Tepper: That is a point that was made several times.

Mr. Dorsey: Whatever policies the Planning Board wishes to adopt and whomever they wish to appoint to the various positions will have to be done after the Planning Board reorganizes in 2007 and then they can adopt such policies and appoint such persons as they think is appropriate.

Mr. DeFranzo: With all due respect, Mr. Dorsey, the only problem with that is each year, as you well know, you have a new board sit in. It may be one new member, it may be four new members or what have you. The point is, lacking any information from proposals or from firms or individuals that wish to submit, you can’t appoint new members or new professionals at a reorg meeting when you haven’t had any opportunity to review their qualifications or anything else. The only recommendation I made, I mean I realize it’s not for this Council to make that decision, is that we should start seeking proposals at this point, have proposals in front of the new board members at the reorg meeting at least with respect to being able to qualify their proposal.

President Greenbaum: There is no problem with that, that’s a Planning Board issue. I mean if the Planning Board wants to go out and get ten proposals as long as ultimately the decision is made next year as to who to retain, so be it. We don’t have any problem with that.

Mr. DeFranzo: I just wanted to clarify it because I was told today as a matter of fact, that Council has adopted a position that says that basically, we are not going to with the open and fair....

President Greenbaum: It has nothing to do with the Planning Board.

Mr. Dorsey: That is absolutely untrue. The governing body...

Mr. DeFranzo: I know that, I need it to get clarified.

Mr. Dorsey: The governing body has adopted no policy as to how the Planning Board will strategize its appointments or whom they will appoint.

Mr. DeFranzo: Okay.

President Greenbaum: Mayor, did you have something?

Mayor Scapicchio: Just that it is the decision of the 2007 Planning Board members. I think it is inappropriate for the 2006 Planning Board to go into executive session, which they have, to discuss who should be the professionals for the 2007 calendar year.

President Greenbaum: You are talking about separate issues. What Ralph is saying is, you know what, if they’re going out and they’re saying look, let’s go out and get proposals from people, then that’s within their rights to do to bring to the table in 2007 and present it to the... There is no problem with that, none at all.

Mr. Tepper: You just can’t restrict it.

President Greenbaum: You can’t vote on it. You can do whatever you want to do and 2007 Planning Board will make whatever decisions are...

Mr. DeFranzo: I am just trying to avoid the awkward position that we have had in the past and you know you have sat on the board, when we have different sets of professionals sitting in the audience waiting to see who is selected that evening. It’s not only unprofessional its very...

President Greenbaum: Ralph, however the Planning Board wants to deal with it, it is the Planning Board’s...it’s not a Council issue.

Mr. DeFranzo: I understand. I just wanted to clarify on this level.

President Greenbaum: Unless you want to make it a Council issue, then I will be more than happy to choose your professionals for you.

Mr. DeFranzo: No, I just wanted to clarify it on this level and I’d like the message to go out publicly and the position has not been stated by the Council and the Planning Board is not subject to a decision by the Council.

Mr. Tepper: Or the Mayor.

Mr. DeFranzo: Or the Mayor, thank you.

President Greenbaum: Except to the extent that the Mayor has a vote on the Planning Board.

Mr. DeFranzo: Right, if he’s there.

President Greenbaum: If he’s there. Yes, absolutely true.

Mr. DeFranzo: One last thing. Just as a side comment. Mr. Buell and Mr. Rattner if I can help you with... you mentioned the tennis court issue. I would be more than happy, I’ve had experience with that kind of court stuff, and if I can help let me know.

President Greenbaum: Thank you, anyone else from the public? Mr. McDonell, anything else this evening? Anyone else, I close it to the public.

COUNCIL COMMENTS

Mrs. Jenkins: No.

Mr. Sohl: No.

Mayor Scapicchio: Yes, I do. Some good news actually. I got a call from Congressman Frelinghuysen last week and I got a press release from Ken Nelson, the Budd Lake Fire Department Chief, today. We have been awarded $10,975 from Homeland Security and those funds are to be used for nine sets of some turnout gear or replacement turnout gear. This was an application that the Budd Lake Fire Department put in for 2006 and we were one of 4,500 organizations around the country that were awarded some funds.

President Greenbaum: Great.

Mr. Rattner: I guess the third time is the charm. I think we have been applying for it each year and we finally got lucky.

President Greenbaum: Is that it Mayor?

Mayor Scapicchio: That’s it thank you.

Mr. Tepper: No comment.

Mr. Buell: None.

Mr. Biondi: Nothing.

Mrs. Labow: Nothing.

Mr. Rattner: Just to remind everybody there’s another MEL insurance class on 30th in Hanover. Up to a certain number I guess from municipalities, every official that attends we get a $250 reduction off our insurance premium.

Mayor Scapicchio: Steve, is that Administrative personnel also?

Mr. Tepper: Elected I believe.

Mr. Rattner: I think it is also Administrative because I know that the MSA got credit for the facilities manager to go, Dave Biazi. Lisa probably has the information but there is a limit. There is a dollar limit so she probably knows how many people have already attended.

Mr. Biondi: What’s the date?

Mr. Rattner: The 30th, what’s that this Thursday?


Mrs. Labow: Thursday.

Mr. Rattner: There is probably a couple more, I am not sure where the locations are, through January but this is something that’s recurring every year.

Mr. Tepper: You can attend more than one?

Mr. Rattner: Because I dropped Mr. Dorsey’s name, I was able to get double credits. They changed the procedure when I talked to Mr. Grubb I said listen I am here, I will listen twice....

Mr. Biondi: It’s your turn.

President Greenbaum: It’s my turn? I don’t have anything. Michelle do you have anything this evening?

Mrs. Masser: No.

Mr. Dorsey: No.

President Greenbaum: I think we were all inclusive. Motion to adjourn.

Mr. Biondi: So moved

Mrs. Labow: Second.

President Greenbaum: All in favor.

AYE

ADJOURNMENT

Motion was made and seconded, all in favor and none opposed, the meeting was adjourned at 9:15 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 January 9, 2007 .


_____________________________
Lisa M. Lashway, Township Clerk

Jg


 

 

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