The Regular Public Meeting of the Mount Olive Township Council was called to Order at 8:36 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. Tepper,
Mr. Tobey, Mr. Greenbaum

Absent: Mr. Perkins

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

Questions on Bill List? - none

APPROVAL OF MINUTES OF PREVIOUS MEETINGS

Sept. 11, 2007 PM – All Present

President Greenbaum: Mr. Tobey do you want to move the Minutes, please?

Mr. Tobey: I move for approval of the Minutes as presented.

President Greenbaum: The September 11th, 2007 Public Meeting?

Mr. Tobey: Yes.

Mr. Rattner: Second.

President Greenbaum: It has been moved and seconded. Does anyone have any deletions, corrections, or additions? Seeing none, Roll Call.

CORRESPONDENCE

LETTERS FROM RESIDENTS/ORGANIZATIONS

1. Letter received September 12, 2007, from Steven Duarte regarding a petition on proposed development located on Route 46 East, Block 4100 Lot 80 & 84.

2. Letter received September 13, 2007, from the South Branch Watershed Association regarding Raritan Basin Watershed Alliance and the NJDEP hosting a series of meetings to discuss the Raritan River Basin Nutrient Total Maximum Daily Load Study.

3. E-mail received September 14, 2007, from the Department of Community Affairs regarding State Smart Growth Planning Assistance.

4. E-mail received September 17, 2007, from the Department of Community Affairs regarding Homestead Rebate Information.

5. Letter received September 18, 2007, from Susan G. Komen for the Cure regarding the Passionately Pink for the Cure fundraising and education program.

6. E-mail received September 19, 1997, from the Department of Community Affairs regarding the PARIS Awards for Excellence – a reception honoring the work of County and Municipal grant recipients.

RESOLUTIONS / ORDINANCE / CORRESPONDENCE OTHER TOWNS

7. Resolution received September 13, 2007, from the Borough of Wharton regarding their adoption of R- 119-07 in support of legislation requiring beer kegs to be registered prior to sale.

8. Public Notice received September 20, 2007 from the Town of Hackettstown Planning Board regarding the Master Plan Reexamination Report on Tuesday, October 2, 2007 at 7:30 p.m.

DOT / DEP / LOI / HIGHLANDS

9. Letter received September 12, 2007, from the State of New Jersey, Department of Environmental Protection, regarding its Green Acres Program Draft 2008-2012 Statewide Comprehensive Outdoor Recreation Plan (SCORP).

10. Permit received September 12, 2007, from the State of New Jersey, Department of Environmental Protection, Division of Land Use Regulation, regarding Stream Encroachment and Freshwater Wetlands Permits for New Jersey Foreign Trade Zone Venture (Block 103 Lot 2.05/350 International Drive).

11. Letter received September 12, 2007, from Spillane Engineering Associates, LLC regarding a Highlands Applicability Application for Block 8500, Lot 10 (123 Mine Hill Rd).

12. Letter received September 13, 2007, from the State of New Jersey, Department of Environmental Protection regarding a Highlands Applicability and Water Quality Management Plan Consistency Application Form: Notice of Technical Incompleteness for Morris Chase Block 4400, Lot 79 (64 Gold Mine Rd).

13. Letter received September 14, 2007, from Azrak & Associates, LLC regarding ETEL Realty Application for Preliminary Major Site Plan, Block 9021, Lot 2 (99 Route 206 South, Roxbury).

14. Letter received September 17, 2007, from the State of New Jersey, Department of Environmental Protection regarding a Highlands Exemption for the Marfon Group, LLC, 428 Sand Shore Road. (428 Sandshore Road).

15. Letter received September 17, 2007, from Princeton HyDro regarding a proposed dam removal of the Sieber Grove Dam, Block 8500 Lot 27 and Block 1179 Lot 82.01 (215 Stiger St., Hackettstown.)

16. Letter received September 18, 2007, from Princeton HyDro regarding a Freshwater Wetlands General Permit 18 on behalf of the Musconetcong Watershed Association, for the Sieber Grove Dam Removal and Restoration Block 119, Lot 82.01 (Hackettstown, Warren County) and Block 8500, Lot 27 33 Parkway Drive.

17. Two Letters received September 19, 2007, from the State of New Jersey, Department of Environmental Protection regarding 2006 Private Potable Well Water Analyses in the vicinity of the Bp Service Station 611 site (Rt. 46 & Mt. Olive Road, Mount Olive Township).

18. Letter received September 19, 2007, from the State of New Jersey, Department of Environmental Protection regarding a Highlands Exemption and Water Quality Management Plan for Portland Station to Greystone Substation Reconductoring Project, Linear project on multiple lots along existing +- 34 mile Right-of-Way.

19. Letter received September 20, 2007, from the State of New Jersey, Department of Environmental Protection regarding Treatment Works Approval for Mount Olive Mews, Lots 80 and 84, Block 4100 (73 Route 46 and 95 Route 46).

LEAGUE OF MUNICIPALITIES

20. Letter received September 13, 2007, from the New Jersey State League of Municipalities regarding a proposed 2% dues increase effective for calendar year 2008.

MORRIS COUNTY

21. Letter received September 19, 2007, from the Morris County Agriculture Development Board regarding the Morris County Comprehensive Farmland Preservation plan – Farms Being Considered for Preservation.

UTILITES

22. Letter received September 7, 2007, from Comcast regarding the additions of NFL HD, and Nat Geographic HD.

23. Notice of Public Hearing received September 10, 2007, from the Pivotal Utility Holdings, Inc. D/B/A Elizabethtown Gas regarding a petition to revise its Basic Gas Supply Service – Periodic rate.

24. Letter received September 13, 2007, from Comcast regarding the addition of the Fox Biz Channel.

25. Letter received September 19, 2007, from Comcast regarding a decrease in the FCC Regulatory Fee, and a $2.00 increase for adult Pay Per View movies.

ORDINANCES FOR PUBLIC HEARING

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.”

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: The first Ordinance for Public Hearing and the second Ordinance for Public Hearing, Ord. #37-2007 and Ord. #38-2007 relate to Morris Chase. I’m going to ask for a motion to continue the Public Hearing for another 30 days.

Mr. Rattner: So moved.

President Greenbaum: Is there a second?

Mr. Tepper: Second.

President Greenbaum: It’s been moved and seconded. We will vote on the motion. Roll Call please.

ROLL CALL – Passed Unanimously

President Greenbaum: So we will re-list Ord. #37-2007 and Ord. #38-2007 at the meeting of October 23rd, 2007. Thank you. We have one additional Ordinance on this evening for Public Hearing, entitled:

Ord. #-39-2007 An Ordinance of the Township Council of the Township of Mount Olive Establishing No Parking, No Standing, No Stopping on Various Roads in the General Area of the Mount Olive Township High School (Continuation of Ordinance 43-05).

President Greenbaum: Does anyone from the public wish to be heard on Ord. #39-2007? Seeing none, I close it to the public and I would ask Mrs. Labow to move that for approval.

Mrs. Labow: I move Ord. #39-2007 for approval.

President Greenbaum: Is there a second?

Mr. Rattner: Second.

President Greenbaum: Any Council discussion? Roll Call please.

ROLL CALL – Passed Unanimously

President Greenbaum: Ord. #39-2007 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.

ORDINANCES FOR FIRST READING – (Public Hearing – October 9, 2007)

Ord. #40-2007 An Ordinance Regulating the Statutory Authority of United Telephone Company of New Jersey, Inc. Its Successors and Assigns to Use the Various Public Roads, Streets, Or Highways in the Township of Mount Olive, Morris County, New Jersey, for its Local and Through Lines and Other Communications Facilities and Prescribing the Conditions Thereof.

President Greenbaum: Mr. Rattner can you please move that with the second hearing being October 9th, 2007.

Mrs. Labow: Thank you Mr. President, I move that Ord. #40-2007 be introduced by title and passed on first reading and that a meeting be held on October 9th, 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?

Mr. Rattner: Second.

President Greenbaum: Any Council discussion? Roll Call please.

ROLL CALL – Passed Unanimously

CONSENT RESOLUTIONS AGENDA:

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

CONSENT RESOLUTIONS

1. Resolution of the Township Council of the Township of Mount Olive Authorizing a Contract with Robert Cooper Jr. of Landmark Appraisal, LLC for Appraisal of Block 2700, Lots 51 and 52.05 and Block 3204, Lot 1.

2. Resolution of the Township Council of the Township of Mount Olive Authorizing the Use of a Purchasing Contract. (CDW Government Services)

3. Resolution of the Township Council of the Township of Mount Olive Authorizing the Omission from Tax Sale Certain Properties.

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. ($6,049 for the Public Health Priority Funding Grant)

5. Resolution of the Township Council of the Township of Mount Olive Awarding a Contract to Andy-Matt Inc. and J&R Tree Service for Snowplowing Services for 2007-2008.

6. Resolution of the Township Council of the Township of Mount Olive Awarding a Contract to Datalux for (5) in Car Computers for the Police Department.

7. Resolution of the Township Council of the Township of Mount Olive Authorizing Funds for Charters Farm Invasive Species Removal, Block 8300 Lots 3 and 4 and Block 900, Lot 1.

8. Resolution of the Township Council of the Township of Mount Olive Authorizing the Execution of a Contract with Cit-E-Net, LLC. (Added)

President Greenbaum: Does anyone wish to have any of the eight resolutions on the Consent Resolutions Agenda removed? Seeing none, Mr. Tepper do you want to move the Consent Resolutions Agenda?

Mr. Tepper: Yes Mr. President, I move for approval of Consent Resolutions one through eight.

Mrs. Labow: Second.

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

PUBLIC PORTION ON CONSENT RESOLUTIONS - none

COUNCIL COMMENTS ON CONSENT RESOLUTIONS - none

ROLL CALL – Passed Unanimously

RESOLUTIONS NON CONSENT - none

PUBLIC PORTION ON INDIVIDUAL RESOLUTIONS - none

COUNCIL COMMENTS ON INDIVIDUAL RESOLUTIONS - none

ROLL CALL

MOTIONS

President Greenbaum: Mrs. Labow, do you want to move the Raffle Applications please?

Mrs. Labow: I’d like to move:

1. Approval of Raffle Application #2219 & #2220 for the Mt. Olive High School Band Boosters and Raffle Application #2221 & #2222 for the Deerpath Montessori School.

President Greenbaum: Is there a second?

Mr. Rattner: Second.

President Greenbaum: Roll Call please.

ROLL CALL – Passed Unanimously

2. Bill List

Mr. Rattner: I move that the Bill List be approved as submitted.

Mr. Buell: Second.

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

ROLL CALL – Passed Unanimously

ADMINISTRATIVE MATTERS

President Greenbaum: Any additional Administrative Matters, Mayor?

Mayor Scapicchio: None.

President Greenbaum: Mr. Sohl?

Mr. Sohl: I’ll just mention briefly that I sent a memo, or forwarded some information relative to Air Two which is a firm that does helicopter replacement of insulators on power lines. We got a hard copy today indicating they’re going to be doing that between October 8th and December 22nd. The system, if you look at the map you’ve got, includes the power line that runs through the southern part of Mount Olive from east to west.

President Greenbaum: Thank you. There is one additional resolution that I forgot about. It’s the resolution related to the $2,000 from the Tree Bank. Dominic, do you have a resolution to read?

Mr. DiYanni: I’ll read it into the record.

RESOLUTION OF THE TOWNSHIP OF MOUNT OLIVE AUTHORIZING THE EXPENDITURE OF $2,000 FOR THE PLANTING OF TREES IN THE PROPOSED DOG PARK.

WHEREAS, the Township has authorized what is referred to as a Dog Park; and

WHEREAS, the leaders of this project intend to plant trees to beautify the Dog Park; and

WHEREAS, the Township maintains a Tree Fund which is formed through contributions made under the Township’s Tree Ordinance; and

WHEREAS, currently there are funds available in this fund for the proposed recommendations for the planting of the trees; and

WHEREAS, the Township Council wishes to authorize the expenditure of such funds for the proposed purpose.

NOW, THEREFORE, BE IT RESOLVED of the Township Council of the Township of Mount Olive, County of Morris, State of New Jersey that the sum of $2,000 may be expended from the Tree Fund for the beautification of the Dog Park; and

BE IT FURTHER RESOLVED, that this Resolution shall take effect immediately.

President Greenbaum: Can I have someone move that please?

Mr. Rattner: So moved.

Mr. Buell: Second.

President Greenbaum: Anyone from the public wish to be heard? I close it to the public. Any further Council comment? Mrs. Labow?

Mrs. Labow: I just, I don’t know if its semantics or what but the Resolution that you just read, it’s not so much that the trees are going into the Dog Park. They’re going on the outside for privacy.

President Greenbaum: I don’t think it matters.

Mrs. Labow: Okay, I just want to make sure.

President Greenbaum: It doesn’t matter.

Mr. Rattner: dogs…wee wee…

Mrs. Labow: That’s the point that I want to make.

President Greenbaum: They may not because whether they’re in or out I’m sure that the dogs will use them for whatever benefit that they feel…

Mrs. Labow: There will be a fire hydrant inside of it…

Mr. Tepper: The trees are outside.

Mrs. Labow: The trees are outside.

President Greenbaum: Let’s get a Roll Call please.

ROLL CALL – Passed Unanimously

OLD BUSINESS - none

NEW BUSINESS - none

LEGAL MATTERS - none

COUNCIL REPORTS

Recreation Liaison Report

Mr. Tobey: Nothing to report.

Board of Health Report

Mrs. Labow: Yes thank you. Everyone received a copy of the letter from Mr. Wilpert. We had our meeting on Wednesday night and we discussed at length the fertilizer, the phosphorus content in the fertilizer. We are recommending that we have a previous Ordinance, Chapter 261, that that should be rescinded and incorporated with the new Ordinance so that we don’t have two parts of the same type of subject matter. I assume that we’re going to put this on the next Workshop. Will the Ordinance be ready for First Reading, or how do you want to work that?

President Greenbaum: Well, we’re working on it.

Mrs. Labow: Okay, and that was the majority of what we discussed that night.

Mr. Rattner: Okay it should be noted on there because I talked to Mr. Wilpert last week, that he and I agreed that it would be good to have some sort of notice at the places that sell fertilizer. We cannot limit the sale of phosphorous because of our Governor, even though he tells us not to use it. We should have in the Ordinance, and I guess this is for Mr. Dorsey, is where there is a sign or notice or we’ll have a placard like we do with other things in the Health Department, stating that the use of a fertilizer or phosphorous of more than ½% is illegal in the Township of Mount Olive under this Ordinance.

President Greenbaum: Okay, well if you have something you should pass along to Mr. Dorsey…

Mrs. Labow: It’s right in here.

Mr. Rattner: It’s actually on there but it wasn’t put in there… so when we get it it’s in there…

President Greenbaum: Mayor?

Mayor Scapicchio: Mr. President, I looked at that and I’m fine with that Ordinance but I think that there are three levels of fines. I think there should be some sort of a grace period so that we have an opportunity to educate the public before we start fining and penalizing them. That was my only thought with regards to that…

Mrs. Labow: I think that’s a good idea. We had done that with the Dock Ordinance…

Mayor Scapicchio: I don’t know how long it should be, but…

President Greenbaum: Well I don’t think anyone’s got a problem with that sitting up here, so I would pass that comment along to Mr. Dorsey so that he can include something in the Ordinance.

Mrs. Labow: What did we do with the Dock Ordinance that time? Was it sixth months?

President Greenbaum: It was something like six months, yes. He should use the Dock Ordinance as a…

Mayor Scapicchio: When do you want to have that triggered because we’re now going into the season where people are not going to be fertilizing. Do we want that to begin in the new spring season?

Mr. Rattner: No, they fertilize through November because now it’s the winter fertilizer.

President Greenbaum: Right.

Mayor Scapicchio: What I’m saying though is…

Mr. Rattner: It’s spring, it’s…I mean we have to be…

Mayor Scapicchio: …by the time the Ordinance is passed it’s winter time.

Mr. Rattner: We have to be reasonable about giving warnings just like it’s up to the Administration to decide to abate. One of the things we want to get on the books is that because we require all lawn services to register, if we have this in here, we can enforce it right away. That’s where we’re going to get the biggest compliance. When they register for their license to operate in Mount Olive, they’ll know that they’ll have to adjust their chemicals.

President Greenbaum: Well I think that the easy answer to that question, Dave, is that the Health Department would enforce this particular Ordinance. It’s Council’s desire that the Health Department give a reasonable grace period, whether it be three months, in terms of the educational process.

Mrs. Labow: I’m not so sure if it’s the Health Department that enforces it…

Mr. Rattner: But whatever…

President Greenbaum: Whoever it is, whether it’s Health or Zoning, it’s got to be one or the other because it’s not the Police Department.

Mr. Tepper: I don’t think it could be Zoning for fertilizer.

President Greenbaum: It’s got to be the Health Department.

Mrs. Labow: No, for property maintenance.

President Greenbaum: It’s got to be the Health Department.

Mr. Tepper: You’re not obligated to fertilize. Just ask the Library.

President Greenbaum: Is that the end of the Board of Health Report? Planning Board Report, Mr. Tepper.

Mr. Sohl: I don’t see how you’re going to enforce it anyway.

Mayor Scapicchio: Really. It’s a feel good Ordinance.

Planning Board Report

Mr. Tepper: There have been two meetings of the Planning Board since our last Council meeting. Last Thursday ARD came in asking for another extension. They’ve asked for a nine year extension. This would be what is commonly known as Morris Chase Phase II, and it was continued until the second meeting in October. Monday there was a special meeting which I did not attend, but I understand it was somewhat contentious involving the Simoff Track and their proposal. That has been continued until November.

Board of Adjustment Liaison Report

President Greenbaum: Mr. Perkins is not here.

Open Space Committee Report

Mrs. Labow: I gave the report last meeting.

Legislative Committee Report

Mr. Buell: No report.

Pride Committee Liaison Report

President Greenbaum: Mr. Perkins is not here.

Board of Education Liaison Report

Mr. Buell: They met last night and I was unable to attend.

Lake/Environment Issues Committee

Mr. Rattner: Nothing to report.

Safety Committee Liaison

President Greenbaum: Mr. Perkins is not here.

Finance Committee Report

Mr. Rattner: Nothing to report.

Economic Development Committee Report

Mr. Rattner: Nothing to report.

Solid Waste Advisory Committee Report

Mrs. Labow: Yes, we met last Wednesday and we continue to discuss educating the public. I want to welcome Mr. Daniel Amianda from the Board of Education who is a great addition to our Solid Waste Advisory Committee. One of the issues that we do have is making sure that the schools are compliant with recycling. We’re working on joining forces to make sure that the schools are recycling perfectly as well as educating the rest of the Township to continue recycling.

Library Board Liaison

Mr. Tepper: Three items briefly. They made a decision to file for a hearing with the BPU arguing about the rather large gas bill that was originally presented. Second item is that they are almost completed with the consolidation of the bank accounts and they’ve arranged for electronic bill pay. They have completed a fixed asset audit showing that there is roughly $2.34 million of assets within the Library.

PUBLIC PORTION

President Greenbaum: Thank you. At this point I’ll open it up to the public for anyone who wishes to be heard. Mr. Russell. Name and address please.

Nelson Russell, Budd Lake: Two questions on the Bill List. One is at the bottom of page eight talking about $11,416.50 for the Flanders Fire Department for hand tools. That seems an awful lot for hand tools, $11,000 worth. Are those fire axes, or…?

Mrs. Jenkins: If you want I can give you the purchase order and you could take a look through it. There’s any number of tools, two or three pages of tools.

Mr. Russell: Okay I appreciate it. Thank you.

Mrs. Jenkins: Sure.

Mr. Russell: Okay, and third from the bottom on page fourteen, and I’m not picking on them, but $36,905.05 for Flanders Fire Department reimbursement. What are we reimbursing them for?

Mrs. Jenkins: We set up their appropriations a particular way. We give them a portion of their money via reimbursement of their bills, and then we give them a direct contribution for the balance. That’s how it works.

Mr. Russell: Okay, thank you.

President Greenbaum: Thank you. Anyone else from the public wish to be heard? Seeing none, I close it to the public. We are going to have final comments and then we are going to go into a very brief executive session.

COUNCIL COMMENTS

President Greenbaum: I actually have several comments. I do, but I’ll be brief. I had an opportunity to witness the Budd Lake Fire Department in action on a very bad accident on Route 46 involving another motorcycle rider. Those are very unselfish people who go out all hours of the night to protect, whether it be Budd Lake Rescue, Budd Lake Fire, Flanders Rescue or Fire. They go out and protect our interests and our safety. I forget what the second issue was that I was going to raise so I’ll just skip it and ask for a motion to go into executive session.

Mrs. Labow: Pursuant to Section 7 & 8 of the Open Public Meeting Act I move that we go in to Executive Session to discuss litigation.

Mr. Tepper: Second.

President Greenbaum: Moved and seconded. All in favor?

AYE

Motion was made and seconded, all in favor and none opposed, the meeting was adjourned at 8:55 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 October 9, 2007.

______________________________________
Lisa M. Lashway, Township Clerk


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