Council Public Meeting Minutes

October 23, 2007

The Regular Public Meeting of the Mount Olive Township Council was called to Order at 7:30 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 way of life.

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

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

Absent: Mr. Tepper

Also Present: David Scapicchio, Mayor; John Dorsey, Township Attorney (8:00pm);
Michelle Masser, Deputy Clerk; Sherry Jenkins, CFO

Presentation to Mount Olive Lions Club

President Greenbaum: The first order of business this evening is a presentation to the Mount Olive Lions Club. I ask that whoever is going to be accepting the award, or all of you come up to the podium. You know, often times we sit up here as a Council and the Lions Club comes in and presents bullet proof vests to our police officers and every time that that’s done since I’ve sat up here, all of the Council have basically stood up and showed it’s appreciation for your efforts. I don’t think, and speaking with the Mayor and the rest of the Council, we don’t think that that was sufficient. The Lions Club is a group of outstanding residents of Mount Olive who not only participate in the Lions Club, and I’ll get to that in a second, but many of you are leaders in our businesses, volunteers on our ambulance and rescue squads, volunteers on our boards, and fulfill an incredible function within the Township. Besides that, we take for granted all of the things that the Lions Club does for Mount Olive whether it’s the children of the Township, in terms of the eye program that the Lions Club runs, or the Bullet Proof Vest Program. It really is a great honor for me on behalf of the entire Council and the Mayor, and I’m going to ask the Mayor just to say a few words, to present this plaque to the Lions Club. It says, “The Mount Olive Lions Club for recognition of the first Vest for Life Program for the Mount Olive Township Police Department, presented this 23rd day of October, 2007 from the Mount Olive Township Mayor and Council.” It is a great honor, and I’m going to ask all of the Council members to stand in recognition of the Lions Club. I present this award to you on behalf of the Township and we do appreciate your efforts greatly.

Mayor Scapicchio: There is not much I can add to what Rob said other than ditto. Mount Olive really is a great place to live and we do really have a great group of residents and citizens that belong to these service organizations that really do contribute back to the community. I’d just like to say thank you and as Mayor I am really proud.

President Greenbaum: And before I turn the podium over to you, I’m going to call Jessica up on behalf of the FOP.

Ms. Groblewski: Hello, and for those of you who don’t know me my name is Jessica Groblewski and I’m in my 10th year at the Mount Olive Township Police Department. I’m currently a Police Officer and I’m also the FOP President. I’m also here for the same reasons as Mr. Greenbaum, for the continued support of the Lions Club which is very important to us and to myself which is why I am here. The First Vest Program is a dire thing for us Police Officers. Hopefully we will never, ever have to use that, but it’s there in case we need it. I’ll just read the plaque for you that we’re giving you in recognition of that. It’s for the Lions Club from the Mount Olive Fraternal Order of Police, Lodge 122 which recognizes and appreciates your continued support and donations to our officers over the years, specifically the 100th First Bullet Proof Vest Program, and your 100th vest that you’ve purchased, today October 23rd, 2007. Thank you very much.

Carl Spellman, Lions Club President: I just wanted to thank Mr. Greenbaum and the whole Council for your thanks. It means a lot to us. We’re very proud to be citizens in Mount Olive and are honored by this presentation. Thank you very much. I just have a few prepared words. My name is Carl Spellman and as President of the Mount Olive Lions Club, it gives me great pleasure to say thank you to Mt. Olive Township and the Mount Olive Police for their continuing and outstanding services that they have performed over these many years. Tonight’s presentation is especially appreciated by all the members of the Mount Olive Lions
Mr. Spellman (cont’d): Club. For those who do not know, and I doubt many do not know, we’re in charge of the First Vest for Life Program that was introduced to Mount Olive over 29 years ago, and we’re proud to say that we have presented 100 body armor vests. Hopefully it has, during these past years, been instrumental in preventing bodily harm or even death to any member of the Police Department. We accept this award with great pleasure in knowing that we have in some way been instrumental in saving a life or improving the Mount Olive community in general. Thank you very much.

November as National Family Caregivers Month

President Greenbaum: Okay, moving on with the Agenda this evening we have one more proclamation and it’s November as National Family Caregivers Month. Mayor, is that something that you are prepared to give?

Mayor Scapicchio: I don’t have anything in my packet.

President Greenbaum: Okay, well we’ll just table that. It ended up on the Agenda. I assume that it came from the Administration. We’ll bring it back up in November. Does anyone this evening have questions on the Bill List to be answered?

Questions on Bill List?

Mr. Rattner: I just have basically a statement. One of the things that I noticed on the Bill List this week is that we purchased a vehicle through Fleet Maintenance, through our vehicle maintenance account. It appears that we bought a Chevy Tahoe that we had confiscated, and I guess there was a lien on it. From what I gather it’s a seven year old vehicle with over 120,000 miles. I don’t know about the mileage, I was just told that much. Especially when you have other vehicles, I mean, this is going to be an out of contract vehicle for our Fleet Maintenance. Did we really need it? I didn’t think that we had extra money in our vehicle maintenance account.

Mayor Scapicchio: Steve… I’m not sure that this is a vehicle for Fleet Maintenance.

Ms. Jenkins: It’s the Police Department’s, Steve.

Mr. Rattner: No, Police Department…. No, I said we bought one through the maintenance. It’s written right on it where it was paid from.

Ms. Jenkins: What page are you on, Steve?

Mayor Scapicchio: What are you looking at?

Mr. Rattner: Vehicle maintenance, I’m looking at purchase order, well, Check # 53073.

Mayor Scapicchio: How much, and forget about the make and model of the vehicle, what is the amount Steve?

Ms. Jenkins: That’s the Police Department

Mr. Rattner: $5,932.51.

Mayor Scapicchio: Okay, I would suggest that you talk to Chief Spitzer. That particular vehicle was confiscated.

President Greenbaum: What account…

Ms. Jenkins: It’s not Fleet Maintenance. It’s the Police Department budget.

President Greenbaum: …is it coming out of?

Mayor Scapicchio: It’s not Fleet Maintenance…

President Greenbaum: It’s what?

Ms. Jenkins: It’s the Police Department budget. It’s not Fleet Maintenance. It’s their maintenance of motor vehicle line that we have in the Police Department budget.

Mayor Scapicchio: Didn’t it come from drug money also? Part of it?

Ms. Jenkins: I’m not sure about that part, Dave. It did come from Police…

Mr. Rattner: Okay, well I’m concerned because we got a report, you know, a month ago when we were looking at all of the out of contract vehicle maintenance expenses, and it looked like through October…

Mayor Scapicchio: Steve…

Mr. Rattner: I’m just reading what it says, and it says vehicle maintenance.

President Greenbaum: Well, irrespective, Mr. Rattner…

Mr. Rattner: It was just a comment. I’m not going to vote against it.

President Greenbaum: Mr. Rattner’s point was to purchase a vehicle at that age, irrespective of where the money came from is going to add additional stress on our out of contract expenses. Not withstanding that, my recollection was that the vehicle itself would be used for various police activities and therefore was appropriate. The age of the vehicle was appropriate for the type of activity they were going to use the vehicle for.

Mr. Rattner: I’m just looking at it as another vehicle that we’re purchasing, because we look at every vehicle purchased…

President Greenbaum: I understand.

Mr. Rattner: …and we weren’t asked about it.

President Greenbaum: I seem to recall that there was something that was circulated with respect to that vehicle.

Mayor Scapicchio: There was, and Steve, I actually think that one came out of service. Did this replace the one that came out of service?

Mr. Rattner: Well, I’m just looking at it only because we have, we’re going to be discussing three new vehicles tonight, and saying about how we need, and so this is just another vehicle. I’m just looking, vehicles are vehicles, and if we’re purchasing things we really have to be careful because I think, you know, we’re spending a lot of money.

President Greenbaum: Thank you, any other questions on the Bill List? Nelson, did you have any questions on the Bill List this evening? Do you want to come up so you can let Sherry know what those questions are?

Nelson Russell, Budd Lake: At the bottom of page 13 and the top of page 14, I’m seeing $170.00 twice for business cards.

Ms. Jenkins: They are for two different people.

Mr. Russell: I know, but $170.00 is an awful lot for business cards.

Mrs. Labow: $170?

Ms. Jenkins: I will look it up and see how many they bought.

Mrs. Labow: Wow.

Mr. Rattner: They bought a thousand.

Mrs. Labow: A thousand?

Mr. Rattner: They’re two sided.

Mrs. Labow: …last you two years.

Mr. Russell: Okay, thank you. On page 15, I’m seeing $189.13 for shipping. It’s the last item on page 15.

Ms. Jenkins: I will look that up too.

Mr. Russell: Okay, and I’m just amazed that a new fire engine is north of $500,000.

Mr. Rattner: We got one that cheap? They’re a lot more than that, Mr. Russell, really.

APPROVAL OF MINUTES OF PREVIOUS MEETINGS

President Greenbaum: Okay, thank you. Does anyone else have any questions? If not, we’re going to move on with the Agenda. We’re up to Approval of Minutes of Previous Meetings. Mr. Rattner, can you move the October 9th Public Meeting Minutes?

Oct. 9 PM – All Present

Mr. Rattner: So moved.

Mr. Perkins: Second.

President Greenbaum: Are there any deletions, corrections, additions, or subtractions? Seeing none, Roll Call.

ROLL CALL – Passed Unanimously

CORRESPONDENCE

LETTERS FROM RESIDENTS / ORGANIZATIONS

1. Notice received October 12, 2007, from Department of Treasury, Internal Revenue Service regarding Public Auction Sale for Silver Spring Farms, Inc. Liquor License.

2. Letter received October 16, 2007, from Christopher R. Wood regarding Building 55, Apartment 10 at Oakwood Village.

3. Petition received October 18, 2007 from Dan Kwasnik regarding the posting of No Parking signs on Theresa Drive.

4. Letter received October 19, 2007, from Dave Tomb of ADPPBBL, Inc. regarding proposed amendments to the Dock Ordinance.

RESOLUTIONS / ORDINANCE / CORRESPONDENCE OTHER TOWNS

5. Legal Notice received October 15, 2007, from the Township of Chester regarding Public Hearing of the Planning Board to re-examine the 2007 Reexamination and Comprehensive Revision of the Master Plan.

OPRA

6. OPRA Update received October 15, 2007, from Rabinowitz, Lubetkin & Tully, LLC regarding records that are available by Court Order.

DOT / DEP / LOI / HIGHLANDS

7. Letter received October 9, 2007, from the State of New Jersey, Department of Environmental Protection regarding Notice of Approval of Extension Request for Budd Lake Volunteer Fire Department, Route 46 West, Mount Olive.

8. Letter received October 9, 2007, from Robert Campbell regarding Amended Highlands Exemption Application for Riad Development Co, LLC Block 6800, Lot 2 (286 Route 206).

9. Permit received October 9, 2007, from the State of New Jersey, Department of Environmental Protection regarding Stream Encroachment and Freshwater Wetlands for Mount Olive Industrial Realty. Block 104, Lot 4 (Southeasterly of the intersection of Waterloo Valley Road and International Drive).

10. Letter received October 10, 2007, from Flaster, Greenberg regarding Morris Chase (a/k/a Dyrham Wood, Formerly Golden Hills) Block 4400, Lot 79 (64 Goldmine Road).

11. Letter received October 12, 2007, from Rachel Manor Properties regarding Request for a 12 month extension of the Developer’s Agreement dated July 2, 2002 extension to expire January 2, 2008 for Block 7702, Lot 32 (11 Old Wolfe Road).

12. Notice received October 16, 2007, from Princeton Alliance Church regarding a Freshwater Wetlands Application Checklist Notice to Neighboring Landowners for Block 7000 Lot 87 (1 River Road.)

13. Letter received October 17, 2007, from the State of New Jersey, Department of Environmental Protection regarding a case closeout notification for John Spears’ Lakefront Property, 10-3 Sand Shore Road, Block 2700, Lot 75.02.

14. Letter received October 18, 2007, from the State of New Jersey, Department of Environmental Protection regarding Remedial Action Report for 14 Stanley Place, Budd Lake.

15. Notice received October 19, 2007, from Edward Kloss of Etel Realty, LLC regarding a Freshwater Wetlands Application Notification Letter for Block 9201, Lot 2 (99 Route 206, South.)

LEAGUE OF MUNICIPALITIES

16. Letter received October 9, 2007, from the New Jersey State League of Municipalities regarding the 10th Annual Elected Officials Hall of Fame.

17. Letter received October 18, 2007, from the New Jersey League of Municipalities regarding a bus shuttle and overflow parking locations for the 92nd Annual League Conference, November 13th – 16th, 2007 Atlantic City Convention Center.

MORRIS COUNTY

18. Abstract of Ratables received October 11, 2007, from the Morris County Board of Taxation.

19. Letter received October 12, 2007, from the Morris County Board of Chosen Freeholders regarding the Sale of Surplus County Vehicles.

UTILITIES

20. Fax received October 11, 2007, from Comcast regarding Addition of NHL Network, NBA Preview Channel, Pay Preview Channel, Pay Per View Sports Packages. TEN and iN Demand deletions.

21. Letter received October 12, 2007, from Jersey Central Power and Light Company, Wetlands General Permit No. 1 / Special Condition #3 Municipal Notification.

22. Letter received October 15, 2007, from Comcast regarding the addition of NHL Network, iN Demand Channels, NBA Preview Channel and Pay per view sports packages.

MSA / MUA

23. Minutes received October 9, 2007, from the Musconetcong Sewerage Authority regarding the September 5, 2007 meeting.

24. Invitation received October 11, 2007, from the Morris County Municipal Utilities Authority regarding “One Score for Recycling”, The 20th Annual Morris County Recycling Awards Dinner.

LETTERS FROM LEGISLATIVE REPRESENTATIVES

25. E-mail received October 5, 2007, from Congressman Frelinghuysen regarding Greets crew at Space Shuttle Mission, Meets with World Bank President, Tax Watch, House Leadership Holds up Funding for Troops - Considers War Tax, Agreement on Veterans Funding.

26. E-mail received October 12, 2007, from Congressman Frelinghuysen regarding the Welcoming of the National Science Foundation Director, Child Safety Regulation, FDA Advisory on Cough and Cold Medicine for Toddlers and NASA begins Celebration of 50th Anniversary.

President Greenbaum: There are 26 pieces of Correspondence on the amended Agenda this evening. Does anyone wish to discuss any particular piece of Correspondence? Yes, Mr. Buell?

Mr. Buell: Yes, I just wish that number two would be referred to the Board of Health. I also know of complaints in many of our apartment buildings about basically maintenance in the apartments. I’ve heard citizens complain about the maintenance in the apartments.

President Greenbaum: Colleen, can you please address this particular correspondence at the next Board of Health Meeting? I’m going to ask the Clerk’s office to forward Mr. Buell’s request to you through the Clerk’s office.

Mrs. Labow: Absolutely.

ORDINANCES FOR PUBLIC HEARING

President Greenbaum: Thank you, is there any other particular piece of Correspondence that anyone wishes to discuss? Seeing none, we’re going to move on to ordinances this evening. We’re up to Ordinances for Public Hearing, the first is entitled:

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

President Greenbaum: Before I open it up to the public, Mayor, do you know whether or not this has all been squared away at this point with legal counsel?

Mayor Scapicchio: I don’t believe it has, and in fact if you look at the title he wants to adopt it and/or table it?

President Greenbaum: Okay, what we’re going to do then is make a motion to table. Mr. Perkins, do you want to move that?

Mr. Perkins: Yes, Mr. President…

President Greenbaum: Is there a second? It’s not to table. It’s actually to continue the public portion on this until our next Public Meeting in November which would be…

Mrs. Masser: The 27th.

President Greenbaum: The 27th. That is Mr. Perkins’ motion. Is there a second?

Mr. Rattner: Second.

President Greenbaum: It’s been moved and seconded. Is there any Council discussion? Roll Call to keep the public portion on this open.

ROLL CALL – Passed Unanimously

President Greenbaum: The next ordinance for Public Hearing is entitled:

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

President Greenbaum: I assume, Mr. Perkins, that you’re going to make the exact same motion to keep the public portion open on this?

Mr. Perkins: That’s correct, Mr. President.

President Greenbaum: Is there a second?

Mrs. Labow: Second.

President Greenbaum: It’s been moved and seconded. When is the public portion going to be kept open until?

Mrs. Masser: The 27th of November.

President Greenbaum: November the 27th. Is there any discussion on the motion to keep the public portion open on this? Roll Call please.

ROLL CALL – Passed Unanimously

President Greenbaum: The next ordinance for Public Hearing is entitled:

Ord. #41– 2007 An Ordinance of the Township Council of the Township of Mount Olive to Amend and Supplement Article V Entitled “Design Guidelines and Technical Standards” of Section 400-64 Entitled Soil Erosion and Sediment Control of the Code of the Township of Mount Olive.

President Greenbaum: Is there anyone from the public who wishes to be heard on Ord. #41-2007? Seeing none, I close it to the public. I am going to ask Mr. Tobey to please move that for approval.

Mr. Tobey: I move Ord. #41-2007.

Mr. Buell: Second.

President Greenbaum: It’s been moved and seconded. Is there any Council discussion? Roll Call please.

ROLL CALL – Passed Unanimously

President Greenbaum: Ord. #41-2007 has 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. The next ordinance for Public Hearing is entitled:

Ord. #42 – 2007 An Ordinance of the Township Council of the Township of Mount Olive to Amend and Supplement Article V Entitled “Zoning” and Specifically Section 400-81 Entitled “Fences and Walls” of the Code of the Township of Mount Olive.

President Greenbaum: Does anyone wish to be heard on Ord. #42-2007? Seeing none, I close it to the public. I am going to ask Mr. Buell to please move that for approval.

Mr. Buell: I move Ord. #42-2007.

President Greenbaum: Is there a second?

Mrs. Labow: Second.

President Greenbaum: It’s been moved and seconded. Is there any Council discussion? Roll Call please.

ROLL CALL – Passed Unanimously

President Greenbaum: Ord. #42-2007 has 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. The last ordinance for Public Hearing this evening is entitled:

Ord. #43-2007 An Ordinance of the Township of Mount Olive to Amend and Supplement Chapter 102, Article I, of the Code of the Township of Mount Olive.

President Greenbaum: What does amended mean? We’re carrying this?

Ms. Jenkins: It’s being amended.

President Greenbaum: It’s being amended this evening?

Ms. Jenkins: These are the fees we talked about last week, the online fees.

President Greenbaum: So this is not a public…

Ms. Jenkins: It’s supposed to be being amended.

President Greenbaum: We’re going to move that down to ordinances for First Reading because it’s amended. So Mr. Rattner, it’s going to be a First Reading on Ord. #43-2007.

ORDINANCES FOR FIRST READING – (Public Hearing - November 20, 2007)

Ord. #43-2007 An Ordinance of the Township of Mount Olive to Amend and Supplement Chapter 102, Article I, of the Code of the Township of Mount Olive.

Mr. Rattner: Okay, thank you Mr. President. I move that Ord. #43-2007 as amended be introduced by title and passed on first reading and that a meeting be held on November 20th, 2007 at 7:30 p.m. at the Municipal Building, 204 Flanders-Drakestown Road, Mount Olive, NJ for a public hearing consideration of said reading and passage of said ordinance and that the Clerk be directed to publish, post and make available such ordinance in accordance with the requirements of law.

Mr. Perkins: Second.

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

ROLL CALL – Passed Unanimously

President Greenbaum: The next ordinance for First Reading is entitled:

Ord. #44-2007 An Ordinance of the Township of Mount Olive Regulating the Application of Fertilizer.

President Greenbaum: Mr. Rattner, do you want to move that also for First Reading?

Mr. Rattner: Thank you, Mr. President. I move that Ord. #44-2007 as amended be introduced by title and passed on first reading and that a meeting be held on November 20th, 2007 at 7:30 p.m. at the Municipal Building, 204 Flanders-Drakestown Road, Mount Olive, NJ for a public hearing consideration of said reading and passage of said ordinance and that the Clerk be directed to publish, post and make available such ordinance in accordance with the requirements of law.

Mr. Perkins: Second.

President Greenbaum: It’s been moved and seconded. Is there any Council discussion? Roll Call please.

ROLL CALL – Passed Unanimously

President Greenbaum: The next ordinance, which is Ord. #45-2007 is only for First Reading tonight, and the Second Reading will be November 20th, 2007 as well entitled:

Ord. #45-2007 An Ordinance of the Township of Mount Olive Providing for Restrictions as to No Parking, No Standing, No Stopping on Theresa Drive.

President Greenbaum: This requires some explanation because this is probably the third or fourth time that we’re seeing this particular resolution. The fourth, Dan? November 27th? Okay, November the 27th. It’s my understanding that the residents of Theresa Drive are now looking for the no parking restriction on the street. I had advised certain residents on the street that I was not prepared to put this back on the Agenda unless there was a majority of the residents on the street who were in favor of the parking restriction. Since then I saw a question came across e-mail related to deliveries, commercial vehicles, so on and so forth and those are excluded and will be allowed to park on the streets as per the ordinances that we have adopted on the other surrounding streets to the High School. The time for discussion on this particular ordinance is going to be on November 27th to the extent that anyone is in favor or against. You know, this evening Council has the ability to simply put this on. First Reading indicates that we will publish it in the newspaper and give everyone notice as required by law, and actually have public portion on this, as I said, on November 27th, 2007. Having said that, I don’t need to hear from anybody who is in favor of this particular ordinance. Is there anyone here this evening who is opposed to this particular ordinance, because I will hear from you if you’re opposed. Okay, then I’m going to ask Mr. Tobey to move Ord. #45-2007 for First Reading.

Mr. Tobey: I move that Ord. #45-2007 be introduced by title and passed on first reading and that a meeting be held on November 27th, 2007 at 7:30 p.m. at the Municipal Building, 204 Flanders-Drakestown Road, Mount Olive, NJ for a public hearing consideration of said reading and passage of said ordinance and that the Clerk be directed to publish, post and make available such ordinance in accordance with the requirements of law.

President Greenbaum: Is there a second?

Mrs. Labow: Second.

President Greenbaum: Is there any Council discussion? Mr. Buell.

Mr. Buell: Yes, somebody’s going to shoot me but I think we should appropriately move this Ordinance to actually amend the Ordinance that covers all of the parking up in that area, on all of those streets because out of this Ordinance has been left the language that is in that Ordinance that talks about stopping and starting vehicles, delivery, Township vehicles doing maintenance, other maintenance vehicles being allowed to stop and stand on this street. So I think really we should actually amend…

President Greenbaum: So what you’re suggesting then is to actually amend this particular Ordinance to include the language that is in the other Ordinances?

Mr. Buell: Or to simply amend the other Ordinance to include Theresa Drive, which would be simpler.

President Greenbaum: Do the other Ordinances include the language?

Mr. Buell: Yes it does.

President Greenbaum: So you’re making a motion to amend the Ordinance before we publish it?

Mr. Buell: Yes.

President Greenbaum: Which you can do. Okay, and I assume that there is a second?

Mrs. Labow: Second.

President Greenbaum: And all in favor of the amendment, I assume that everybody is in favor of the amendment. Mr. Tobey?

Mr. Tobey: So amend it to allow for the commercial vehicles, is that…

President Greenbaum: It’s the language which is included in the other ordinances.

Mr. Tobey: Okay.

Mr. Buell: And actually, it would be easier if we amended it to amend the original Ordinance.

President Greenbaum: It’s not easier to do that.

Mr. Buell: Okay.

President Greenbaum: It’s easier to simply amend this particular Ordinance to include the language which is in the other ordinances with respect to allowing the commercial vehicles, so on and so forth, to park on the road. That’s the amendment which is on the floor and has been seconded. So I assume that everybody is in favor of the amendment. All in favor say aye.

AYE

President Greenbaum: Okay, so that is the Ordinance then that we will publish. It’s an Ordinance that prohibits parking, but allows for the commercial vehicles to park on the street. I will have Mr. Dorsey’s office include the language, the relevant language in the Ordinance, okay? Is everyone in favor of that? Let’s take a Roll Call on the amended…

Mrs. Labow: I just want to make one quick comment. When I was up at the High School yesterday, this discussion had come up about this, and one of the moms was telling me, which I don’t think anybody’s even brought up before, what the kids do is they have these little shuttle systems going on and they’ll have kids parked on Theresa or further out. One will pick up one kid and one at a time they race down the street, bring them to the car, race back, and that’s where a lot of the problems come in. So I don’t know if Eric Court might be the next shuttle stop. I’m not sure…

President Greenbaum: Well, we’ll deal with the streets as they arise and the residents on the street bring to our attention that there’s a problem in terms of parking.

Mrs. Labow: Yes, so it’s not just, I was surprised to hear that so I just wanted to share that with everyone.

Mr. Buell: Second question on this, I would like to ask the School Board, are they going to make any arrangements for the kids who are parking on Theresa Drive?

President Greenbaum: You can ask the School Board whatever you want, whatever they’re going to do, but I’m sure that their answer is that they are only responsible for parking on the facility and other people should be taking the bus which is the same answer that we get time and time again. You can raise the issue. Any other comments or questions on the amended Ordinance that will be published? Seeing none, Roll Call.

ROLL CALL – Passed Unanimously

President Greenbaum: Make sure that that issue is raised with Mr. Dorsey’s office.

Mrs. Labow: Rob, can I address Mr. Buell to ask him to ask a further question on that?

President Greenbaum: You can speak to Mr. Buell after the meeting.

Mrs. Labow: Okay, I’ll speak to you after the meeting Mr. Buell. I have permission.

President Greenbaum: The next ordinance for First Reading is entitled:

Ord. #46-2007 An Ordinance of the Township Council of the Township of Mount Olive to Rescind Chapter 63, “Sale of Property” Article I “Open Space Trust” of the Mount Olive Township Code.

President Greenbaum: This simply is to bring our Ordinance in line with the State statute and the generally accepted accounting principles that we need to follow. Mr. Buell, do you want to move this please?

Mr. Buell: Yes, thank you, I move that Ord. #46-2007 be introduced by title and passed on first reading and that a meeting be held on November 27th, 2007 at 7:30 p.m. at the Municipal Building, 204 Flanders-Drakestown Road, Mount Olive, NJ for a public hearing consideration of said reading and passage of said ordinance and that the Clerk be directed to publish, post and make available such ordinance in accordance with the requirements of law.

President Greenbaum: Is there a second?

Mrs. Labow: Second.

President Greenbaum: Any discussion? Roll Call please.

ROLL CALL – Passed Unanimously

President Greenbaum: The next ordinance for First Reading is entitled:

Ord. #47-2007 Bond Ordinance Providing for the Acquisition of Various Vehicles in and by the Township of Mount Olive, in the County of Morris, New Jersey, Appropriating $122,977 Therefor and Authorizing the Issuance of $116,830 Bonds or Notes of the Township to Finance Part of the Cost Thereof.

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

Mrs. Labow: I move that Ord. #47-2007 be introduced by title and passed on first reading and that a meeting be held on November 27th, 2007 at 7:30 p.m. at the Municipal Building, 204 Flanders-Drakestown Road, Mount Olive, NJ for a public hearing consideration of said reading and passage of said ordinance and that the Clerk be directed to publish, post and make available such ordinance in accordance with the requirements of law.

Mr. Perkins: Second.

President Greenbaum: Moved and seconded. Is there any discussion? Mr. Tobey.

Mr. Tobey: At the last meeting, we had spoken about the vehicles, and they were predominantly used for snow plowing. I thought we would look into the possibility of putting some contract out to bid for snow plowing services.

President Greenbaum: Tim, do you want to come up to the podium and address Mr. Tobey’s question?

Mr. Quinn: Yes, actually what I stated is that at this time of the year I focus on snow removal because that’s what we’re getting geared up for. These three vehicles that are up for replacement are everyday use vehicles, regardless of the time of the year. They’re used winter, spring, summer and fall on a daily basis because of the size and the type of work we can do with these vehicles. They are not specifically for snow removal.

President Greenbaum: Anything further Mr. Tobey?

Mr. Tobey: No.

Mr. Rattner: Yes, I had a really difficult time with this. This is a replacement of some of our plows, two pickup trucks, and a mason dump. The plows should be replaced. They are getting ripped apart. The pickup, actually all of the vehicles, the pickup trucks I think, with the two pickup trucks will actually reduce our cost over the next couple of years, in that there won’t be any out of contract maintenance. They’ll get much better gas mileage, and the prices that were quoted were relatively inexpensive in today’s world. They’re still expensive, where a 250, which is a ¾ ton pickup truck, four wheel drive in the vicinity of $23,000. Then we have the mason, I guess I’ll call it a mason dump, a small dump truck that needs an immediate $10,000 worth of work. I do have the estimate, and I did see it. Plus, the frame is starting to rust and there are a number of other issues. My biggest problem is what we talked about last week is putting capital items in, in the middle of the year. I did look at the capital budget, the capital budget, the proposal, everybody’s proposal totaled about $2.5 million and we did about $900, under a million dollars. What we’re saying is by approving this, is that we agree that with all the other things listed that this was a higher priority because the other was not purchased. It wasn’t evaluated against these. Looking at it, I have to go with the head of the Department that says that he needs the vehicles. As I said they are replacement vehicles, they are in pretty bad shape and so, reluctantly, I will support it because I think the equipment is needed. I know that the pickup trucks, and one of them is a lot smaller than what we had, so it’s more for the use that when we send our men out to do especially maintenance on our fields or certain projects, we send one person out. It isn’t that you have a big truck drop them off and then use the truck some place else. So with that, I will support this. I think that the equipment is not a want, it probably is a need. However, this will come into my consideration when I look at the capital requests that come in for 2008. I look at these, and they probably should have been put off until 2008, but since they’re not because we need it and we want to gear up for winter. However, I’ll be considering these when we have the list that this was still the priority over anything else as asked for.

Mr. Dorsey: Couldn’t you just vote yes?

Mr. Rattner: No, could you get here on time?

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

ROLL CALL - Passed Unanimously with the exception, Mr. Tobey voted no.

Mr. Quinn: Thank you very much.

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 Releasing the Performance Bonds Posted by Smith III/Dellamo.

2. Resolution of the Township Council of the Township of Mount Olive authorizing the cancellation of a general capital ordinance balance.

3. Resolution of the Township Council of the Township of Mount Olive requesting approval from the Director of the Division of Local Government Services for insertion of a specific item of revenue into the 2007 Municipal Budget ($9,317.38 for a Recycling Tonnage Grant).

4. Resolution of the Township Council of the Township of Mount Olive requesting approval from the Director of the Division of Local Government Services for insertion of a specific item of revenue into the 2007 Municipal Budget ($13,126.49 for Drunk Driving Enforcement Fund).

5. Resolution of the Township Council of the Township of Mount Olive authorizing $3,000.00 of Open Space Funds for the moving of the existing war memorial from the town beach area to a prepared base for same at Turkey Brook Park.

6. Resolution of the Township Council of the Township of Mount Olive approving a vendor service contract on a “non-fair and open basis” pursuant to the “Pay-to-Play” law (S & L Equipment Rental).

7. Resolution of the Township Council of the Township of Mount Olive authorizing the Township CFO to waive the 15% Administrative Fee for Police coverage billing for Township school sponsored events.

8. Resolution of the Township Council of the Township of Mount Olive awarding a contract to Halecon for resurfacing of the Flanders Tennis Courts on Glendale Road.

9. Resolution of the Township Council of the Township of Mount Olive authorizing the cancellation of a grant balance of $788.20 for the Child Safety and Booster Seat Grant.

10. Resolution of the Township Council of the Township of Mount Olive authorizing the cancellation of a grant balance of $212.00 for the Pandemic Flu Grant.

11. Resolution of the Township Council of the Township of Mount Olive Authorizing a Settlement in the Matter of DelVecchio v. Township of Mount Olive.

12. Resolution of the Township Council of the Township of Mount Olive Authorizing the Mayor to Grant Permission to AIR2 Helicopter Service to Lane at One Specific Site in Mount Olive as Part of Electrical Conductor Replacement to the JCP&L High Tension Line Which Crosses Mount Olive at the Southern End Between Chester Township and Washington Township.

13. Resolution of the Township Council of the Township of Mount Olive Authorizing the Sale of Certain Vehicles and Equipment No Longer Needed for Public Use by the Township.

14. Resolution of the Township Council of the Township of Mount Olive Authorizing a Contract for the Donation of Property to the Township of Block 5300 Lot 8.01, Block 5201 Lot 10 and Block 5202 Lot 11.

15. Resolution of the Township Council of the Township of Mount Olive Authorizing an Amendment to the 2007 Capital Budget (companion to Ordinance # 47-2007)

President Greenbaum: We’re up to the Consent Resolutions Agenda. This is where I wanted to be about twenty minutes ago. There are…

Mrs. Labow: What took you so long?

President Greenbaum: I’m slow tonight. There are fifteen Consent Resolutions this evening. Does anyone wish to have any of the fifteen removed and put on Non Consent? Seeing none, I would ask, oh... Mr. Rattner.

Mr. Rattner: Just as a point of clarification, Resolution #13 on the trucks that we’re going to be selling. I saw that the Packer is a ’98 Packer. Is that true?

President Greenbaum: Yes, you have to come up.

Mr. Rattner: Was that new?

Mr. Quinn: Yes, the Packer is an ’88.

Mr. Rattner: Oh it’s an ’88. It’s listed as a ’98.

Mr. Quinn: No it’s an ’88.

Mr. Rattner: That’s why I wanted the clarification.

Mr. Quinn: No, I’m not getting rid of my new ones yet.

President Greenbaum: Any other questions or comments? Alright, Mr. Perkins do you want to move the fifteen Consent Resolutions.

Mr. Perkins: Yes, I move for adoption of Consent Resolutions one through fifteen.

President Greenbaum: Is there a second?

Mr. Buell: Second.

President Greenbaum: It’s been moved and seconded. Is there anyone from the public who wishes to be heard on any of the Resolutions on the Consent Agenda this evening? Seeing none, I close it to the public. Does any member of Council have any brief clarifying statements? Seeing none, Roll Call.

PUBLIC PORTION ON CONSENT RESOLUTIONS - none

COUNCIL COMMENTS ON CONSENT RESOLUTIONS - none

ROLL CALL - Passed Unanimously with the exception, Mr. Tobey voted no on #15.

RESOLUTIONS NON CONSENT

President Greenbaum: We have one Resolution on the Non Consent this evening is entitled:

16. Resolution of the Township Council of the Township of Mount Olive Establishing an Escrow Agreement Between Rock Gold and the Township for the Acquisition of the Access Parcel.

President Greenbaum: I guess this was just received late and that’s why it’s on Non Consent. Mrs. Labow, President Greenbaum (cont’d): do you want to move that please?

Mrs. Labow: Yes I would like to move Resolution #16.

Mr. Buell: Second.

President Greenbaum: Moved and seconded. Does anyone from the public wish to be heard on Non Consent Resolution #16? Seeing none, I close it to the public. Does anyone on Council wish to be heard? Seeing none, Roll Call.

PUBLIC PORTION ON INDIVIDUAL RESOLUTIONS - none

COUNCIL COMMENTS ON INDIVIDUAL RESOLUTIONS - none

ROLL CALL – Passed Unanimously

MOTIONS

President Greenbaum: The first Motion is the Raffle Applications. Mr. Buell, do you want to move those Raffle Applications please? I’d ask Mrs. Labow but once again the Mount Olive Parent’s Club is trying to raise money for their cause.

Mr. Buell: They are doing an awful lot of raffles this Parent’s Club.

Mrs. Labow: They’re doing a lot of raffles.

Mr. Buell: Yes, thank you, I move for approval of:

1. Approval of Raffle Application #2223, #2224 & #2225 for Parents Club Mt. Olive High School and Raffle Application #2225 for the Mt. Olive Education Foundation.

Mr. Buell: Is that a typo? There are two #2225’s?

Mrs. Labow: That’s got to be a typo.

Mrs. Masser: I assume it would be #2226.

Mr. Buell: Okay, #2226 I amend that.

President Greenbaum: Is there a second?

Mr. Tobey: Second.

President Greenbaum: Moved and seconded. I assume Mrs. Labow will not be voting on #2223, #2224, or #2225 because of her status as President of the Mount Olive High School Parent’s Club.

Mrs. Labow: That’s correct.

President Greenbaum: Roll Call please.

Passed Unanimously with the exception, Mrs. Labow abstained from #2226 because she is President of the Mount Olive High School Parent’s Club.

President Greenbaum: Sherry, did we answer all of the questions at this point?

Ms. Jenkins: I need to speak to the Departments so I will send out an e-mail tomorrow morning.

President Greenbaum: Okay. Mr. Russell, your questions will be answered by way of e-mail, in terms of what that shipping cost was and the other questions that you had raised. Mr. Rattner, do you want to move the Bill List please?

Mr. Rattner: Yes, I move the Bill List as submitted.

2. Bill List

Mr. Perkins: Second.

President Greenbaum: Moved and seconded. Roll Call please.

ADMINISTRATIVE MATTERS - none

OLD BUSINESS - none

NEW BUSINESS - none

LEGAL MATTERS

Mr. Dorsey: Just a couple of things to mention quickly. I am pleased to turn in to the Township a check for $8,587 which is a reimbursement that we have squeezed out of AIG Baker in connection with legal fees paid by the Township. Number two, the quest to reach the dream of selling Combe Fill North proceeds. NJDEP issued an extremely important permit in connection with the due diligence undertaken by Rock Gold, a permit that permits them to go in and do the invasive testing. There is a similar permit issued by the EPA, and as I understand it from Rock Gold, they think that that simply follows in the course of events without any problems. About six weeks ago the DEP requested as to whether or not the Township could “either give up or allocate” to Combe Fill North 70,000 gallons of sewerage that had previously been “assigned somewhere else.” And that request was made of Gene by Rock Gold to make a study of it about, I’m going to say six weeks ago, and nothing happened until the Mayor spoke to Gene about ten days ago. Gene called me last week and told me that he and the engineers for Rock Gold had had a conference in which they have agreed, and they have found a track of land, I’m going to say relatively of similar size from which they can extract a flow of sewerages that was originally, at least academically, allocated to that track so that it’s not as if DEPE will be authorizing totally new sewerage, something that they have problems with doing. So it seems to me that that resolves an important piece of the puzzle in terms of having the MSA include Combe Fill North within its service area and permitting us to service that track. Of course, it is the invasive testing that is the paramount test to see whether or not, or to see what can in fact be built there. It would appear that Rock Gold, if they don’t already know the answer, must be sure of the answer because they have now authorized the condemnation proceeding to acquire the access parcel, which will give access from Combe Fill North to International Drive South. The process proceeds although there are a lot of pitfalls. In connection with the Dattolo litigation, Rose Barsanti’s deposition was taken last Monday. Rose wanted to do as well as Michelle and Lisa, and prepared herself well by reading a couple of deposition transcripts and was very careful to, unlike Mr. Rattner, to take herself out of harms way by when asking questions not saying as Mr. Rattner always does, that he tells the attorney what to do. She said we always ask the attorney what to do and we respect his advice. So Rose came through the deposition with flying colors except at the end of the deposition, Rose had given the Dattolo Laundromat a certain credit. The attorney for Dattolo began to cross examine as to how that credit had come about. At one point Dick Cushing said, “Well if you don’t want the credit we’ll take it back.” Rose persisted by saying, “We gave him a credit, and he probably doesn’t deserve it. We just gave him a break.” With that, in these depositions Mr. Dattolo and his sons always attend, the one son just got unnerved and jumped up out of his seat and began to yell and scream. Cushing began to look for the panic button that hasn’t been pushed since Jim Buell stood up in his chair about three years ago. We finished the deposition so now we’re on to motions for summary judgment and the game continues. That’s pretty much it.

President Greenbaum: Thank you.

COUNCIL REPORTS

Recreation Liaison Report

Mr. Tobey: Nothing to report.

Board of Health Report

Mrs. Labow: We had the one Ordinance. I was not available to go to that meeting that night because I had another previous commitment, and they had the First Reading for the increase to the dog license. It was a very, very short meeting. They needed to have a meeting for that.

Planning Board Report

President Greenbaum: Mr. Tepper is not here this evening.

Board of Adjustment Liaison Report

Mr. Perkins: Thank you Mr. President, business as usual. Ternberry has been rescheduled until November 19th.

Open Space Committee Report

Mr. Labow: The Open Space Committee Report I gave last meeting.

Legislative Committee Report

Mr. Buell: None tonight.

Pride Committee Liaison Report

Mr. Perkins: Yes, Mr. President, they had a meeting last week to discuss some of the issues we’re going to have to discuss with Administration. The hanging of the banners and the snowflakes, I understand there is a problem with JIF and us being able to have ladders or fire trucks out on the highways. So we’ll be addressing that.

Board of Education Liaison Report

Mr. Buell: They met last night, nothing to report.

Lake/Environment Issues Committee

Mr. Rattner: The semi-annual Lake clean up was two weeks ago and I’d just like to thank the Administration for providing the dumpster and other materials that we used during the clean up.

Safety Committee Liaison

Mr. Perkins: Thank you Mr. President, we had a meeting last night and discussed a few items that were up. Mutual aid with Hackettstown has been working out fine for Budd Lake Fire. The medics for 57 may end up going down to the Village Green. They’ve been down at the Budd Lake Fire House staying down there. That keeps the medics nice and close. There has to be a call house and that’s working good. Knox boxes should be finished up by the end of this year. Thank you Mr. President.

Finance Committee Report

Mr. Rattner: Nothing to report.

Economic Development Committee Report

Mr. Rattner: We met last Saturday and we got a new member who actually is, I guess a web professional, who is going to help set up the Economic Development Committee’s website.

Solid Waste Advisory Committee Report

Mrs. Labow: I want to defer to Mr. Tobey. The same evening that we had the Board of Health meeting I was at the High School for Back to School night.

Mr. Tobey: Just to let everyone know, which they probably may already, we have the Morris County MUA Awards Dinner on November 2nd, and the SWAC Committee is going to be recognized for its efforts in recycling.

Library Board Liaison

President Greenbaum: Mr. Tepper is not here this evening.

PUBLIC PORTION

Nelson Russell, Budd Lake: On Ord. #44-2007 Section 4d, it says that a person is not allowed to apply fertilizer more than fifteen days prior to the start of or any time after the end of the recognized growing season, i.e. October 15th. You don’t have a start date for the growing season, and October 15th you’re still planting bulbs.

President Greenbaum: I’m going to have to have Mr. Dorsey’s office take a look at that issue. There are several issues I have to discuss with you.

Mr. Dorsey: Okay.

Mr. Nelson: Okay, thank you.

COUNCIL COMMENTS

President Greenbaum: Anyone else from the public who wishes to be heard? Seeing none, I close it to the public. At this point we’re up to Council Comments to be followed by an Executive Session this evening on Open Space negotiations. Mayor, do you have any final comments?

Mayor Scapicchio: No comments.

Mr. Buell: Yes, unfortunately I do. I just wanted to make the Council and the Mayor aware that there’s a looming problem with the mutual aid between Flanders and Budd Lake. Flanders did, last month or in the month of October, 43 calls to Budd Lake emergency calls. They’ve been up this month, I don’t know what the final count is, but there is a brewing issue that is going to raise its head again at some point in time.

President Greenbaum: Well, the Administration did send out something… My understanding is that the Administration did send something out to both of the rescue squads, and that we’re waiting to get back that information. As soon as we get it back we’re going to schedule it for a Workshop. I’m sure it’ll be some time in November. Thank you. Any other comments, Mr. Buell?

Mr. Buell: No.

President Greenbaum: Mr. Tobey?

Mr. Tobey: No comments.

President Greenbaum: Mrs. Labow?

Mrs. Labow: Yes, I just have two comments that I would like to make. I just want to make a statement that it was very distressing to read the Star Ledger and the Daily Record on Sunday to see that a resident of the community had actually written a letter to the editor accusing me of having asked for medical benefits once I came into office. I just want to make clear for the record that I never received medical benefits from the Township, and I never asked for medical benefits. I’d like to have it on the record. I’d also like to have on the record that I have always supported the All Veterans Memorial, the project, I think it’s a wonderful thing for the community, and I have personally donated over $200 to the project in terms of pavers bricks, flags, voted for the trees, voted for it to be placed in Turkey Brook Park, as well as voted for a bench through Kiwanis. So I’d just like to make the record straight, it’s not very kind to have people making accusations when you work so hard for the community. At least have some factual statements to them. Thank you.

President Greenbaum: Thank you. Mr. Perkins?

Mr. Perkins: Thank you, Mr. President. I do have a comment just in response to Councilman Buell. This issue has been brought up before the Township Safety Committee of which I am the liaison, and it would be better served going through the Council liaison and through the Safety Committee, and not through a single Councilperson. Also, I have been informed by the Captain of the Squad that there has been, on occasion, where both Flanders was tied up and Budd Lake had to cover their emergency call. So while there may appear to be some mutual aid coverage issues between Flanders and Budd Lake, I have been informed by both of the Captains that that is not an actual problem. It is something that is being worked on. The biggest problem, which we need to discuss, but that will come as a recommendation from the Safety Committee up to the
Mr. Perkins (cont’d): Administration and the Council, would be Paragon Village which seems to be taking an inordinate amount of time from our volunteers. Thank you, Mr. President.

President Greenbaum: Thank you, Mr. Rattner?

Mr. Rattner: I have none.

President Greenbaum: I have none as well. At this point Mr. Perkins, do you want to move us into Executive Session to discuss Open Space Negotiations?

Mr. Perkins: Yes, Mr. President, Pursuant to Section 7 & 8 of the Open Public Meeting Act I make a motion that we move into Executive Session for the purpose of discussing Open Space Negotiations.

Executive Session – Open Space Negotiation

ADJOURNMENT

Motion was made and seconded, all in favor and none opposed, the meeting was adjourned at 8:37 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 November 27, 2007.

______________________________________
Lisa M. Lashway, Township Clerk


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