Mount Olive Township Council Minutes - October 4, 2011

 

The Public Meeting of the Mount Olive Township Council was called to Order at 7:46 pm by Council President Tobey.

 

OPEN PUBLIC MEETINGS ACT ANNOUNCEMENT

 

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

 

ROLL CALL

 

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

 

Absent: Mr. Walsh and Mr. Roman

 

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

 

President Tobey: We are up to Approval of the Minutes of Previous Meetings, September 20, 2011.

Mr. Greenbaum, would you be so kind?

 

Mr. Greenbaum: No, I'll pass.

 

President Tobey: Excuse me, Mrs. Labow.

 

APPROVAL OF MINUTES OF PREVIOUS MEETINGS

 

September 20, 2011 WS & PM (absent: Mr. Greenbaum and Mr. Perkins)

 

Mrs. Labow: Yes, I'd like to move for approval of the Minutes from September 20, 2011, Workshop and Public Meeting. Mr. Greenbaum and Mr. Perkins were absent.

 

Mrs. Lashway: No, that is a correction. Mr. Greenbaum and Mr. Tobey were absent, that's my error.

 

Mrs. Labow: Oh, so Mr. Tobey.

 

President Tobey: Is there a second?

 

Mr. Perkins: Second.

 

President Tobey: Roll Call please.

 

ROLL CALL: Passed Unanimously with the exception Mr. Tobey and Mr. Greenbaum abstained.

 

CORRESPONDENCE

LETTERS FROM RESIDENTS/ORGANIZATIONS

 

  1. Seminar information received September 20, 2011, from Paradigm Liaison Services, LLC regarding the Annual Pipeline Safety Program.

 

  1. E-mail received September 28, 2011, from Meg Costello regarding 4 Mill Road.

 

  1. E-mail received September 28, 2011, from the Musconetcong Watershed Association regarding MWA has organized an Emergency Water Testing Program.

 

  1. E-mail received September 30, 2011, from Alfred's Auction, Inc. regarding Confiscated Merchandise Online Auction.

 

RESOLUTIONS / ORDINANCE / CORRESPONDENCE FROM OTHER TOWNS

 

  1. Resolution received September 20, 2011, from the Borough of Lincoln Park regarding a Resolution in Support of Senate Bill No. 2976 Amending the Open Public Records Act (OPRA) Law.

 

  1. Resolution received September 21, 2011, from the Borough of Butler regarding a Resolution in Support of Senate Bill No. 2976 Amending the Current Open Public Records Law.
  1. Resolution received September 26, 2011, from the Borough of Mount Arlington regarding a Resolution in Support of Morris County Board of chosen Freeholders Resolution #44 to Amend the Current OPRA Laws.

 

  1. Resolution received September 26, 2011, from the Borough of Mount Arlington regarding a Resolution Opposing the Act of Judicial Legislation by the New Jersey Supreme Court and Further Urging the Governor to Appoint Future Justices that do not believe in an Active Judiciary.

 

LEAGUE OF MUNICIPALITIES

 

  1. E-mail received September 16, 2011, from the New Jersey State League of Municipalities regarding Reorganization Plan #001-2011, Abolishes COAH, Transfers Responsibilities to DCA.

 

  1. E-mail received September 16, 2011, from the New Jersey State League of Municipalities regarding Call for Nominations 10 th Annual Innovation in Governance Awards.

 

  1. E-mail received September 16, 2011, from the New Jersey State League of Municipalities regarding Annual Business Meeting Date Correction Held at 96 th Annual League Conference II and Federal Disaster Aid approved for Cumberland, Gloucester & Salem.

 

  1. E-mail received September 19, 2011, from the New Jersey State League of Municipalities regarding CEU Tracking System for League Conference Sessions.

 

  1. E-mail received September 19, 2011, from the New Jersey State League of Municipalities regarding Verizon Business Personal Property Tax Development.

 

  1. E-mail received September 19, 2011, from the New Jersey State League of Municipalities regarding Upcoming League Seminars.

 

  1. E-mail received September 20, 2011, from the New Jersey State League of Municipalities regarding Energy Tax White Paper Released, Upcoming League Seminars and NJLM Publications-Resources for you and your Professional Staff.

 

  1. E-mail received September 20, 2011, from the New Jersey State League of Municipalities regarding S-2887, Wind Turbines on Preserved Farmland, HELD.

 

  1. E-mail received September 21, 2011, from the New Jersey State League of Municipalities regarding the Must Attend Foundation Event, Emergency Management: Utilities & Weather Emergencies II and Federal Budget & Disaster Aid Debates Continue.

 

  1. E-mail received September 21, 2011, from the New Jersey State League of Municipalities regarding Annual Business Meeting Date Correction Held at the 96 th Annual League Conference.

 

  1. E-mail received September 22, 2011, from the New Jersey State League of Municipalities regarding NLC Governance & Civic Engagement Resources and Reminder – upcoming Education Foundation Event.

 

  1. E-mail received September 23, 2011, from the New Jersey State League of Municipalities regarding FEMA Issues.

 

  1. E-mail received September 23, 2011, from the New Jersey State League of Municipalities regarding A Public Hearing on NJ Water Infrastructure, Temporary Bid Threshold Increase and Upcoming League Seminar.

 

  1. E-mail received September 26, 2011, from the New Jersey State League of Municipalities regarding Publications from the League.

 

  1. E-mail received September 26, 2011, from the New Jersey State League of Municipalities regarding Upcoming League Seminar and 2011 Police & Fire Labor Contract Service.

 

  1. E-mail received September 26, 2011, from the New Jersey State League of Municipalities regarding Time is Running Out to Pre-Register for 2011 League Conference.

 

  1. E-mail received September 27, 2011, from the New Jersey State League of Municipalities regarding Three Issues.

 

  1. E-mail received September 27, 2011, from the New Jersey State League of Municipalities regarding New Jersey After COAH and Upcoming Sustainable Jersey Workshops.

 

  1. E-mail received September 27, 2011, from the New Jersey State League of Municipalities regarding Important Conference Sessions, Clothing Donation Bins and Final Reminder 2011 Conference.

 

  1. E-mail received September 28, 2011, from the New Jersey State League of Municipalities regarding League Seminar SOLD OUT.

  1. E-mail received September 28, 2011, from the New Jersey State League of Municipalities regarding Correction: Charitable Clothing Donation Bins, EPA Opportunities for Petroleum Brownfields Report and Citizens Campaign & Sustainable Jersey Workshop.

 

  1. E-mail received September 29, 2011, from the New Jersey State League of Municipalities regarding FEMA / Stop Gap Funding Compromise Approved by House.

 

  1. E-mail received September 29, 2011, from the New Jersey State League of Municipalities regarding New Jersey Municipalities Magazine and Board of Public Utilities Additional hearing Dates Announced.

 

DEP / DOT / LOI / HIGHLANDS / EPA / DEPT. OF AGRICULTURE / ABC

 

  1. Letter received September 20, 2011, from C & H Environmental regarding Response Action Outcome for BL 8301 Lot 7 (425 Sandshore Road).

 

  1. Letter received September 22, 2011, from the Morris County Agriculture Development Board regarding 90 day Municipal Notification of Targeted Farms.

 

  1. Letter received September 30, 2011, from the State of New Jersey, Department of Transportation regarding the Fiscal Year 2012 New Jersey Department of Transportation's Federal-Aid Safe Routes to School Program.

 

MORRIS COUNTY

 

  1. Minutes received September 19, 2011, from the Morris County Planning Board regarding the July 21, 2011 Meeting.

 

  1. E-mail received September 26, 2011, from MCANJ regarding Lt. Governor Signs Law that Moves the Presidential Primary back to June.

 

  1. E-mail received September 27, 2011, from the County of Morris regarding the Morris County Green Table Forum.

TORT

 

  1. Notice of Tort Claim received September 22, 2011, from Stephen Schnitzer, Esq. regarding claimant Kathleen Griffin.
  1. First Amendment Notice of Tort Claim received September 28, 2011, from Stephen Schnitzer, Esq. regarding claimant Kathleen Griffin.

 

UTILITIES

 

  1. Renewal Certificate received September 27, 2011, from the State of New Jersey, Board of Public Utilities regarding Cable Television.

  1. Notice of Public Hearing received September 29, 2011, from Elizabeth Gas regarding RAC.

 

  1. Notice of Public Hearing received September 29, 2011, from Elizabeth Gas regarding WNC, SBC, and OSMC.

 

President Tobey: We're up to Correspondence. We have 42 pieces this evening. Any discussion at this time? Seeing none we are up to Ordinances for Public Hearing. I open the hearing to the public on Ord. #30-2011:

 

ORDINANCES FOR PUBLIC HEAR ING

 

Ord.#30-2011 An Ordinance Supplementing Section Seven (Alcoholic Beverage Control), of the Revised General Ordinances of the Township of Mount Olive, County of Morris, State of New Jersey with the Addition of Chapter 78-7.1, Entitled “Possession or Consumption by Underage Persons.”

 

OPTIONAL PUBLIC PORTION

 

President Tobey: Does anyone from the public wish to be heard? Seeing none, Mrs. Labow would you please

move that?

 

Mrs. Labow: Yes, I will. Thank you. I've just got to find my paper. I'd like to move for adoption and

final passage of Ord. #30-2011.

 

Mr. Perkins: Second.

 

President Tobey: Thank you. It's been moved and seconded. Any Council discussion at this time?

Seeing none, Roll Call please.

 

ROLL CALL: Passed Unanimously

 

President Tobey: Ord. #30-2011 is passed on second reading and I hereby direct the Clerk to

forward a copy of the same to the Mayor and publish the notice of adoption as required by law. We are

up to Ordinances for First Reading. The second reading is October 18, 2011:

 

ORDINANCES FOR FIRST READING (2 nd reading – October 18, 2011)

 

Ord.#32-2011 An Ordinance of the Township of Mount Olive Providing for Change to Water Charges Pursuant to Section 196-28 of the Mount Olive Township Code.

 

President Tobey: Mr. Mania, would you be so kind?

 

Mr. Mania: Yes, Mr. President. I move that Ord. #32-2011 be introduced title and passed on first reading and that a meeting be held on October 18, 2011at 7:00 p.m. at the Municipal Building, 204 Flanders-Drakestown Road, Budd Lake, NJ, for a public hearing, consideration of second reading and passage of said Ordinance and that the Clerk be directed to publish, post and make available said Ordinance in accordance with the requirements of the law.

 

Mrs. Labow: Second.

 

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

 

ROLL CALL – Passed Unanimously

 

CONSENT RESOLUTIONS AGENDA:

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

 

CONSENT RESOLUTIONS – R. Perkins

 

  1. Resolution of the Township Council of the Township of Mount Olive Requesting Approval from the Director of the DLGS for Insertion of a Specific Item of Revenue into the 2011 Municipal Budget ($1,125 donation – Benjamin Moore).

 

  1. Resolution of the Township Council of the Township of Mount Olive Requesting Approval from the Director of the DLGS for Insertion of a Specific Item of Revenue into the 2011 Municipal Budget ($400 donation – Morgan's Funeral Home, Inc.).

 

  1. Resolution of the Township Council of the Township of Mount Olive Authorizing Change Order No. 1 and Partial Payment Certificate No. 1 in Connection with the Contract with Matina & Sons, Inc. for Tinc-Lynnwood-Goldmine Interconnection.

 

•  Resolution of the Township Council of the Township of Mount Olive Rejecting All Bids for the Contract and Ground Lease of the Combe Fill North Landfill Property for the Installation of a Solar Photovoltaic System. *Added

President Tobey: We're up to Consent Resolutions. There's a total of five this evening. Does anyone wish to move any to Non Consent? Seeing none, does anyone from the public wish to be heard? Seeing none, Mr. Perkins… oh, yes please.

PUBLIC PORTION ON CONSENT RESOLUTIONS

 

Scott Carlson: I'm not going to waste the Council's time stating everything that I've stated previously over again but again I'd like to renew my current request that this be held until next week so we have time to…a full opportunity as to why this award should not be rejected. Again, Scott Carlson from Riker, Danzig, Scherer, Hyland and Perretti representing Syncarpha the lowest responsible and responsive bidder with regard to the contract. Thank you.

 

Mayor Scapicchio: That's in your opinion.

 

President Tobey: Mayor…

 

Mayor Scapicchio: Sorry, sorry Mr. President.

 

Mrs. Lashway: Can I just clarify; your name is Scott Carlson?

 

Mr. Carlson: That's right, I'll leave my card.

 

Mrs. Lashway: Thank you.

 

President Tobey: Roll Call please.

 

Mr. Perkins: Are we going to make a Motion?

 

Mr. Mania: We have to make a Motion first.

 

President Tobey: Mr. Perkins?

 

Mr. Perkins: I make a Motion to adopt Consent Resolutions numbers one through five.

 

Mr. Mania: I second it.

 

President Tobey: Thank you it's been moved and seconded. Roll Call please.

 

ROLL CALL – Passed Unanimously

 

COUNCIL COMMENTS ON CONSENT RESOLUTIONS

 

RESOLUTIONS NON-CONSENT - None

 

PUBLIC PORTION ON INDIVIDUAL RESOLUTIONS

 

COUNCIL COMMENTS ON INDIVIDUAL RESOLUTIONS

 

MOTIONS CONSENT

 

President Tobey: We are up to Consent Motions. We have the Bill List. Mr. Mania would you kindly move that?

 

Mr. Sohl: We have a special resolution, the resolution for Mrs. Getchius?

 

President Tobey: It's been added. We identified one through five.

 

Mayor Scapicchio: Number five…

 

Mr. Sohl: Oh sorry, my apologies.

 

Mrs. Lashway: The title of the Resolution that was added to Consent as number five is a Resolution of the Township Council of the Township of Mount Olive Authorizing the Execution of an Agreement Between the Township of Mount Olive and Deborah Getchius.

 

President Tobey: Mr. Mania, we are up to the Bill List.

 

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

 

•  Bill List.

 

Mr. Perkins: Second.

 

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

 

ROLL CALL – Passed Unanimously

 

ADMINISTRATIVE REPORTS

 

President Tobey: Any Administrative Reports Mayor, Mr. Sohl?

 

Mayor Scapicchio: Just a couple of things briefly Phil. I guess you all got a copy of the e-mail that Kathy sent out about working with Congressman Frelinghuysen's office and Freddy Detoro as the point person for all of this information.

 

Mr. Mania: Correct.

 

Mayor Scapicchio: We've been working with the Governor's office, the Congressman's office, other State agencies and we're looking to get some FEMA funding to help these people that have been devastated with the combination of these storms. We are trying to put the dots together to link the original Irene storm with everything else and all the other occurrences that happened based on the fact that our rivers were at high levels, the lakes were at high levels, the ground was completely saturated and the water had no place else to go. We have met with the four or five owners that live either on or near Mill Road where the road and the bridge was washed out. What the Administration has put on the table and I believe would be acceptable to Council, is we would help them fund the cost of the repair of that road, fund the replacement of that bridge and then we would be obligated to assess them, a yearly assessment over 20 years to pay back the cost of the improvements that were made. There is a dispute going on now amongst the neighbors which we will not get involved with in terms of whose responsible and what level of responsibility the homeowners have. It's my understanding that some of the deeds show that there's a 25% ownership in the road and the bridge. Although some of those people that have that language in their deed, although use the road, don't need the bridge to get to their home. There's one homeowner that does need the bridge to get to his home but he doesn't have any ownership in the road or the bridge. He was given a right of way when he built his house so there's confusion going on amongst the homeowners. We told them that we would not get involved in a homeowner or neighborhood dispute. You folks work it out. We will help you finance it because it's an expensive project for four families and that's where we left it with them. Just for an FYI for Council, we all know that Kathy Murphy has been downgraded to a part time position this year. She has been putting in full time effort towards this and other events that have been occurring. She has been putting more than the 20 or 21 hours required of her taking phone calls at home and staying here longer. I just wanted to make that a note and I know that there is going to be a new Administration and a new Council next year and I would encourage the new Administration and Council to seriously look at bringing that position back to a full time, 40 hours a week position. I've also would like to give kudos to everybody else, Freddy Detoro, Jim Lynch, Tim Quinn and everybody else in terms of volunteers that have all helped with all of these storms and disasters that we have seen over the past several weeks.

 

President Tobey: And everyone on Council recognizes that also Mayor and thank you. I do have one question. Before we take any action with regards to the bridge, do we need to make sure that the residents have settled the issue amongst themselves?

 

Mayor Scapicchio: We've had some conversation with Bond Counsel and Mr. Dorsey's office. The Township residents themselves are going to have to come to some sort of an agreement and then we will memorialize that in an agreement and I guess an Ordinance John?

 

Mr. Dorsey: Well I think so. I haven't been involved in it. Did you speak to Dominic?

 

Mayor Scapicchio: Was it Dominick or Fred?

 

Mr. Sohl: I don't know who.

 

Mayor Scapicchio: Anyway, there has to be a legal agreement once they come to an agreement between us and the property owners in terms of who's responsible to pay back what. We did talk to Bond Counsel and the longest period of time we can bond that money for is 20 years. We've had some input from Frelighuysen's office and at this point we estimate the cost of the replacement of that bridge and the repair of that road at about $200,000.00 divided amongst four possibly five property owners. Maybe less if one or two dispute the need to use the bridge. The only thing we put on the table was to help finance but they would have to pay that back in an assessment because it's a private bridge and a private road. Originally they wanted the Township to take it over. In talking with Tim Quinn and others, the problem that we face with doing that, is there are a number of other private roads and private bridges, not only up and down River Road but elsewhere that we would be then be obligated because we set a president to maintain, repair and replace so that's sort of the update on where we are with the storms that have happened.

 

President Tobey: Thank you Mayor. Mr. Mania then Mr. Perkins.

 

Mr. Mania: Just an update. I was made aware today that there is going to be a bridge available in Sussex County. I don't know the size of it but the Mayor was kind enough to let me know that the one needed on Mill Road is 50 X 12 and I asked the Mayor if I should pursue this and tomorrow I will check on this and see what the size of that is and what obligations the Towns would have to bring the bridge here.

 

President Tobey: Thank you Mr. Mania, Mr. Perkins?

 

Mr. Perkins: Thank you Mr. President. It's personally been devastating to myself and my family for the past three storms as I've mentioned. I am into the thousands of dollars lost that neither FEMA nor my insurance company is ready to reimburse me for. I have neighbors in the entire Budd Lake area as well as our constituents who have lost tremendous amounts of their property, personal items, and have accrued enormous expense and now I hear that we are working to help finance and then assess four to five family residents to replace their private bridge because it got washed out during the flood. I would ask the Administration, are you also considering reaching out then to the balance of the Township, to those residents who either could not file for FEMA or if Congressman Frelinghuysen is not successful that the Township also helps fund and assess their properties for the necessary improvements for them to continue to enjoy their ingress and egress and the livelihood in their homes?

 

Mayor Scapicchio: I have not considered that Mr. Perkins. My position is that we have four residents who have no ability, or we have no ability to get emergency rescue vehicle or personnel to their homes in the event that there is an emergency. Not only did they lose access to their homes but they also sustained the same kind of damage that you and others sustained. We're not looking to cover that. We're looking to provide access to and from those homes so that these people can get in there and clean their homes, habitate their homes and we have the ability to access for emergency purposes. You're certainly a Council member. You can vote yes or no when the proposal is put on the table. I may be the Mayor when that comes before you, I may not. I know I had a conversation with Mr. Greenbaum. I believe that he agrees with the position that I've taken. It was an effort to reach out to these people who can't afford to do this on their own.

 

Mr. Perkins: Mayor, trust me. Your generosity, your compassion are not forgotten here. The problem that I have is you've got four home owners that live close to a river. Chances are they should have had flood insurance. People that live along the Passaic or the other Raritan Rivers down at Cranford are mandated to have flood insurance.

 

Mayor Scapicchio: You know I asked that question Ray and they don't and I'm surprised that the mortgage companies don't require it.

 

Mr. Perkins: Mayor, I agree with you. I appreciate what you're trying to do. I think as policy, if we're looking at them, if it's an emergency access situation that these people now live and they need to have emergency access there's an option open to them to vacate their homes and to live somewhere else until they can get the wherewithal, but being that you probably have the majority of Council that are already considering this and we want to help move forward with it, I think the Administration and hopefully Rob will get elected and we'll move into next year. If we look at this, we should look to the rest of our Township residents that have been dramatically influenced in a negative fashion by these past three storms. Not only did they lose their homes and their livelihood but a lot of people lost… I've lost memories that I will never be able to recoup. My neighbors it goes without saying so I just think it's something, if you're going to set that policy where we are going to help people out and then access their property over a twenty year period, maybe it's something the Township should look to do for the rest of the people in Downstream and in other areas that have been hard hit. That's all Mr. Mayor.

 

President Tobey: Thank you, Mrs. Labow?

 

Mrs. Labow: Yes, I was just going to ask when it comes time for plowing the road, do you know, do they…

 

Mayor Scapicchio: They do it on their own.

 

Mrs. Labow: They do it on their own, for their garbage either.

 

Mayor Scapicchio: We don't go down their road. They're sanitation; they put it to the street.

 

Mrs. Labow: Ya that's what I thought.

 

Mayor Scapicchio: We have absolutely no responsibility. There have been others, one other bridge. Not bridge but just some land on one side of the bridge that was completely taken out. The homeowners have taken care of it themselves. When I first broached this and came up with this idea, I originally wanted to take over the bridge in the road and then it was brought to my attention, well if you do that Mayor, you're going to be obligated to do it for every other private bridge and private road in town. It was about emergency access. There's one family there that has three children, one has cerebral palsy, and we had to send in the ladder truck to evacuate that one child from the home. They are now displaced from their family. They're walking across a ladder bridge that they put across the river so my only effort here was to help give them access to their homes so they can help get their life back to some sort of sense of normal. That was it; the Council ultimately makes the decision. I make the recommendation and it is what it is.

 

Mrs. Labow: The other thing that I just want to ask, at the last meeting we had our Special Meeting last week. We were talking about $75,000.00 for the bridge. I heard you mention $200,000.00. Is that Mill Road or is that River Road because I know River Road was $115,000.00 and …

 

Mayor Scapicchio: Mill Road was $130,000.00 and that project is going fine.

 

Mr. Greenbaum: That's River.

 

Mayor Scapicchio: River Road, I'm sorry.

 

Mr. Mania: That's R&R Construction right?

 

Mayor Scapicchio: Mill Road and you know we are starting to get some better numbers. You know Freddy has, you know… we have been trying to move at a fast pace here to try and get some numbers to give these people an idea of what the cost is. We estimate at this point that Mill Road is $117,000.00 to put back in shape without macadam.

 

Mrs. Labow: Mill or River?

 

Mayor Scapicchio: Mill.

 

Mrs. Labow: Mill, okay.

 

Mayor Scapicchio: The cost that we got for River Road was a used bridge that was used by the army core of engineers for some training purposes. Its 50 feet long, its 12 feet wide. The cost of that I think was $39,000.00 or thereabout. The cost of a new bridge was about $67,000.00. We got a phone call, I got a phone call on Sunday from another bridge company who has offered another used bridge that they used someplace else for a couple of thousand dollars less but you know, my sense is at the end of the day, you're looking at somewhere around $200,000.00. It could be $175,000.00, it could be $225,000.00.

 

Mr. Mania: Has Rob indicated the engineering, it's not the cost of the Bridge, it's the engineering.

 

Mayor Scapicchio: What we have been able to accomplish is we have gotten through Senator Oroho's office the ability from DEP to put this bridge up and not worry about any specifications or requirements until after it's done. The caveat with that and it is a bit frightening on our part is they can come back and say, well you know, we don't like the way you did it.

 

Mr. Mania: Take it down.

 

Mayor Scapicchio: We want it a little higher and so we went back to Senator Oroho's office and said, “that's not good enough.” We can't invest this kind of money for these people and then have the DEP come in after the fact and say, we want it two feet higher, Mayor, because we can't afford to do that. We're working through a lot of issues. Right now we're dealing with four families that are displaced and we're trying to help them the best we can and that's the way it is. Rob has been down there. He has visited with the neighbors. I'm not sure anybody else here on Council has but the neighborhood is devastated.

 

President Tobey: Mr. Greenbaum?

 

Mr. Greenbaum: I think that FEMA requires if I'm not mistaken that any house that's in a 100 year floodplain or greater, it mandates that they have flood insurance and that ultimately if the Town allows… the Town can have liability in terms of not enforcing the insurance requirement. You can lose federal funding for certain things. That's my recollection because I represented a homeowner in Pequannock who was looking to get out of the 100 year floodplain requirement so I would imagine that these people live next to a river not within the 100 year floodplain. I don't think, other than the one house, the first house that's next to the river, the other houses did not flood. They did not get any water into the houses. The first house had about three feet of mud in the house. It was just…. It was just something that you see on TV. It was just the most bizarre thing and I did visit a lot of the houses down on Pheasant and Downstream during the flooding after Irene and I did see houses where the water was to the ceiling and I know that happened a lot in the Budd Lake section and a lot down there. That's a devastating view too. To see your basement entirely filled up to the first floor rafter. The one thing that I can say is that when you start looking at improvements, and it's an interesting concept that Mr. Perkins raises because ultimately as we move forward into the next administration we are going to be looking to do some creative things in terms of how we're going to maintain our infrastructure. The approach taken by Dave here is really a user fee, is that we're going to fund this improvement that you're going to pay for. The downside of that is that ultimately it becomes very difficult to sell your house because you have this, this…

 

Mrs. Labow: Lien.

 

Mr. Greenbaum: Lien by the Municipality in perpetuity. In this particular case if you have four homeowners at $130,000.00, $140,000.00, or $150,000.00, it's not such a tremendous number but if you're talking about doing some of the improvements around the lake, you have to define an area. It's much more complicated. It's kind of an apples and orange thing but it's an interesting concept. We do have significant bonding ability because of the conservative approach Dave has taken in terms of reducing our debt. Moving forward to take on projects, which are picked up by particular home owners. We had looked at putting in a sewer system down in Old Flanders. That's another example of a user fee for improvements to the Municipality through putting in a sewer system; everyone on the sewer system has to pay for it. I can tell you that when we start to make improvements around the Budd Lake section there are going to be a lot of people who think it's great and a lot of people who will not be in favor. This is a little different because you have basically; you're talking about a condemnation issue. If we don't do something, those houses create a blight situation in that area of town because they will be uninhabitable. I don't know how you're going to get the vehicles off of… what ultimately is akin to an island and all of the personal things that can't be carried out will have to be left there.

 

President Tobey: Rob, you had said that there's the potential for liability to the Town so it sounds to me, even beyond making these repairs there's other work or research that needs to be done on our behalf. Is that correct?

 

Mr. Greenbaum: I think FEMA generally is on top of the requirement because in Pequannock what happened was I represented a homeowner who… Pequannock obviously has a worse flooding problem then we do. This guy built this house and he built it you know, way up off the ground, a huge foundation. FEMA came in and said you know he needs to have flood insurance or we're going to somehow prohibit you from getting funds, take away funds, were not going to allow any funding in your Town using government dollars for purchases of FHA loans or whatever the case might have been, I forget. Ultimately I think FEMA stays on top of the fact that if you live in one of these zones, you are required to have the flood insurance. If you don't they let you know. It comes to the Town and they say enforce, enforce, enforce so I don't know that we need to do any particular research. I think that ultimately we would know if someone did not have the required flood insurance.

 

President Tobey: Thank you.

 

Mr. Greenbaum: Am I wrong Mr. Dorsey? Do you know?

 

Mr. Dorsey: I've never been in that situation. I've never heard of FEMA taking the position of withholding because the property owner did not purchase flood insurance. I generally thought that was an action left up to the property owner.

 

Mayor Scapicchio: It's an action left up to the mortgage company.

 

Mrs. Labow: The mortgage company.

 

Mayor Scapicchio: I had a piece of property on Route 10 in Hanover Township that is the 100 year floodplain and the mortgage company requires insurance and they require proof of your flood insurance on a yearly basis. It's about $1,900.00 a year.

 

Mr. Greenbaum: Pequannock was requiring us to knock the house down. Ultimately we were able to redraw the map and get it out of the 100 year floodplain and that's how we resolved the issue.

 

President Tobey: Thank you, Mrs. Labow?

 

Mrs. Labow: Yes, I was going to say the same thing that the Mayor said. It's the mortgage company that requires the flood insurance. The other thing that's just recently been resolved, the federal government a lot of times they don't pass the legislation to allow the flood insurance. Thankfully, just recently they did approve it again. Like last year we had like three months where nobody could get flood insurance because the legislation wasn't passed. A lot of deals didn't come to fruition so that is a mortgage issue.

 

President Tobey: Thank you Mrs. Labow, Mayor?

 

Mayor Scapicchio: Ray, on a final note, we are working with not only FEMA but other agencies for funding for the damage. It has been told to us that we need to make this a global issue and just not Mount Olive related. I would say to you and Freddy Detoro is the contact person for all of this information as you got that e-mail today. Substantiate the damage and the claims that you have with his office so that we can keep a file record of that and you can encourage all of your neighbors and friends that have substantiated any damage to do the same thing.

 

Mr. Perkins: I sure will Mayor.

 

Mrs. Labow: One last thing on the note with the flooding I know when I was talking to Tim Quinn a couple of weeks ago. He was saying that to help out the homeowners they were picking up damaged items. Not necessarily a cleanup week but if you were in an area where there was flooding, they were picking it up. I don't know. Mayor, are we still doing that? I know there are a lot of people that have a lot of items that were damaged and we don't necessarily have a cleanup but we can watch that tonnage and add to it.

 

Mayor Scapicchio: What we did in Sutton Park Colleen was I had Tim pick up all of the damaged material that was not construction debris but damaged material that was in their flooded basements. What they put at the curb, I had ordered Tim to pick that stuff up and he did. There are one or two neighbors on Bartley Road who have some damage also of some fences and some other things that Tim has deemed to be construction debris that we just don't pick up. We have been doing the best we can, trying to help everybody out in what has been a very terrible and trying period.

 

Mrs. Labow: Where John, Ray and I live I've seen a lot of homeowners have had furniture that was sitting out there. Ray, do you know if it's been picked up or not? Some of the place you have seen, I didn't get down some of the streets today but it's just not over there. We couldn't even get to Route 46 the other day.

 

Mayor Scapicchio: I haven't heard of those complaints but Sutton Park I received phone calls, Bartley Road I received e-mails. I haven't heard anything from anybody in Budd Lake so forward it off to me, send it off to Tim.

 

Mr. Perkins: Mayor, what I can tell you is that our staff in this Township has done a yeoman's job.

 

Mrs. Labow: Yes they really have.

 

Mr. Roman: No doubt.

 

Mr. Perkins: Considering the three storms, during hurricane Irene I had five different times, with piles out in front of my house. We did it again with Lee, so that about six times that I had to put out piles and then we just had last week so the neighbors… when you're seeing furniture it's because people have moved things to areas that they thought would be safe only to be inundated. This last storm we got higher water levels in my home then we did from the previous two storms so more furniture… if you see it going out… our folks have been very good. They have helped people. I have heard nothing but good words from everybody except the complaints obviously that the storm drains aren't cleaned out but there's not any place for it to go Mayor. It's a French drain.

 

Mayor Scapicchio: Tim has been instructed to not require any yellow or pink stickers to be able to take away large items relative to the flooding so you know we're trying.

 

President Tobey: Thank you. Moving on any Old Business, any New Business? We are up to Legal Matters. Mr. Dorsey?

 

OLD BUSINESS - None

 

NEW BUSINESS - None

 

LEGAL MATTERS

 

Mr. Dorsey: None.

 

President Tobey: Any Council Reports this evening, Mrs. Labow?

 

COUNCIL REPORTS

Open Space Committee Report – C. Labow

 

Mrs. Labow: Yes, we had our Open Space committee meeting last week. We had to reschedule it. I just really want to say that everyone is very excited that with our trail blazing phases that we actually finished the Greenway phase. It actually got finished a lot faster than they thought it was going to because we had so many volunteers so that was exciting news. In a very short order I think we are going to have our system through. What did you say?

 

Mayor Scapicchio: No.

 

Mrs. Labow: Oh okay, David's laughing over there. Anyway, that was really good so that's working out really nice.

 

President Tobey: Thank you Mrs. Labow. Any other Council reports, Mr. Mania?

 

Mr. Mania: Just a statement. I heard from some people at church that the Township was giving an individual a hard time and it concerned the Mount Olive Hardware that moved to a new location on Route 46. I said to the individuals, “let me check it out.” Come to find out the individual moved to this new property without a CO, has kind of put his thumbs up and said, I'm putting outside furniture; I'm doing anything that I want to do. When I approached him, he said to me, “yes, the Township is giving me a hard time.” I said how can you move to a new location without a CO? He said, “I didn't know I needed one.” I was quite upset with somebody saying that the Township was giving the individual a hard time, which in checking it out, it was not true.

 

Mr. Greenbaum: In fact the Township has bent over backwards.

 

Mr. Mania: Absolutely.

 

Mr. Greenbaum: Despite his own efforts to make it difficult.

 

Recreation Liaison Report – None

Board of Health Report – None

Planning Board Report – None

 

Legislative Committee Report – None

Pride Committee Report – None

Board of Education Liaison Report – None

Lake/Environment Issues Committee – None

Safety Committee Liaison – None

Economic Development Committee Report – None

Library Board Liaison – None

Senior Citizen Liaison – None

Community Development Revenue Sharing – None

 

PUBLIC PORTION

 

President Tobey: Thank you. Moving on we are up to the second Public Portion. Does anyone from the public wish to be heard? Seeing none…

 

Mr. Mania: Oh, there's a gentleman over there.

 

President Tobey: Yes, please step up to the podium.

 

Charlie Bell, Waterloo Valley Road: Bell Road is opposite of Waterloo Valley and I'm talking about Bell Road.

 

Mr. Greenbaum: Yes, I have not been down there.

 

Mr. Bell: No?

 

Mr. Greenbaum: I did speak to Tim Quinn about it.

 

Mr. Bell: Yes, he sent me a letter.

 

Mr. Greenbaum: Yes, I did speak to him and he apprised me of… and I've been down Waterloo Valley Road so I can only imagine how bad it really is.

 

Mr. Bell: Yes and Bell Road is worse. Since these last two storms and stuff we had, it's just gotten worse. Instead of the water running down the side of the road, it's running down the middle because the banks are too high. It's just made ditches all the way up and down the road. All the gravel and dirt that you put on the road just washes down the bottom and it's gotten worse so I just wanted to know if you're going to do anything.

 

Mr. Greenbaum: What did Tim say in the letter?

 

Mr. Bell: He said in the letter here, if I can get it open. He said because of the road, because of the big trucks, dump trucks and stuff that run from the sand pits.

 

Mr. Greenbaum: Yes.

 

Mr. Bell: Which they don't do no more. They come in from the opposite way of the Saxton Falls Sand and Gravel because they won't take that road. He said because of the big trucks, that why the road is deteriorating. It's also from lack of maintenance and stuff like that.

 

Mr. Greenbaum: What did he say the fix was?

 

Mr. Bell: He said he won't be able to do anything until the fall. It's fall time now.

 

Mr. Greenbaum: When was that letter…?

 

Mr. Bell: I don't know. I can't see it.

 

Mr. Greenbaum: Yes, stay there. That was September 7 th . That was a couple weeks ago.

 

Mr. Sohl: I think there is no funding.

 

Mr. Perkins: You won't be able to do anything until all of these heavy rains get passed.

 

Mayor Scapicchio: I think that Tim and the rest of the crew are trying to prioritize the work that needs to be done. If Tim tells you that he's going to get to that road in the fall, and we just now got into the fall.

 

Mr. Bell: Yes, yes, yes.

 

Mayor Scapicchio: My belief is that he will get into this in the fall before the winter time. I have not seen a copy of that but I will follow up with Tim and Tim is usually pretty good at carrying through with promises that he makes, notwithstanding storms and you know, right now we are running around.

 

Mr. Bell: Yes I understand.

 

Mr. Greenbaum: We've got bigger priorities. River Road is …

 

Mr. Bell: At least come down the street with a bucket loader…

 

Mr. Greenbaum: Nothing right now. What Tim said is that the Road Department will be doing road work in this area this fall and when our workload will allow. This has been planned for the past month so he is planning to come down and do some work on the road. I'm sure that he has been detoured because of the other problems in town on some of the major roads. The best thing that I can suggest to you is that you come back and keep coming back to the Council meetings because that way it will keep… I know it's difficult for you.

 

Mr. Bell: Okay, I'm the only house on that road.

 

Mayor Scapicchio: Is it a public road?

 

Mr. Bell: It's a public road, yes.

 

Mayor Scapicchio: I would also suggest as I mentioned earlier that lets put that on file and send that to either Freddy Detoro or myself. You can send it to mountolivemayor.org. E-mail that over to me.

 

Mr. Bell: Would you write that on here please?

 

Mayor Scapicchio: Sure.

 

Mr. Bell: Thank you.

 

Mayor Scapicchio: Sure, thank you.

 

Mr. Bell: You can keep the letter, it don't matter to me.

 

Mayor Scapicchio: Okay, let me keep it.

 

Mr. Bell: I know I got it and I know you heard it.

 

Mayor Scapicchio: Yep, this is an e-mail?

 

Mr. Bell: Yes.

 

Mayor Scapicchio: Okay, that's fine.

 

COUNCIL COMMENTS

 

President Tobey: Thank you very much. Council Comments? Seeing none, at this time I will accept a motion to Adjourn.

 

ADJOURNMENT

 

Motion to adjourn made and seconded. All in favor, the meeting was adjourned at 8:24 pm.

 

 

______________________________

Phil Tobey, Council President

 

I, Lisa Lashway, Township Clerk of the Township of Mount Olive do hereby certify that the foregoing Minutes are a true and correct copy of the Minutes approved at a legally convened meeting of the Mount Olive Township Council duly held on November 22, 2011.

 

 

_________________________________

Lisa Lashway, Township Clerk

 

 

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