MOUNT OLIVE TOWNSHIP COUNCIL MINUTES - JUNE 10, 2008

The Regular Public Meeting of the Mount Olive Township Council was called to Order at 9:09 pm by Council President Perkins 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. Perkins, Mr. Roman, Mr. Tobey, Mrs. Labow,
Mr. Rattner, Mr. Tepper, Mr. Greenbaum

Absent: none

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

Questions on Bill List?

President Perkins: That brings us to questions on the Bill List. Any questions on the Bill List? Mr. Rattner.

Mr. Rattner: Yes, I had two that I sent earlier this afternoon.

Mr. Sohl: Yes, do you want me to address them?

Mr. Rattner: Yes.

Mr. Sohl: Okay, let me start with the Waterboy / Waterman situation.

Mrs. Labow: Bill, I can’t hear you over here.

Mr. Sohl: Hold on.

Mrs. Labow: Okay, thank you.

Mr. Sohl: Let me start with the Waterboy / Waterman questions relative to the refunding of $10,012 tonight. You indicated there was information about prior service. There was actually another invoice. You didn’t mention it in your email, #1304 issued the 17th of April. So that was taking place. What happened, we actually issued a stop on any new permits on the 7th, not on the 2nd. We got Mr. Dorsey’s memo on a Friday. We were in the process of reviewing it. Mr. Dorsey’s memo clearly indicated that exclusivity was not something we could stick with and we were investigating, if you will, or looking into the prospect of what if we just open it up to the other vendor or the other water purveyor. We ultimately decided not to do that. I issued a letter that went out on April 8th to Waterman informing them of the same.

Mr. Rattner: April 8th or May 8th?

Mrs. Labow: May 8th.

Mr. Sohl: Hm?

Mrs. Labow: May 8th?

Mr. Rattner: You mean May 8th.

Mr. Sohl: Waterman.

Mrs. Labow: No, May 8th.

Mr. Rattner: Oh, okay, he’s talking about the other one.

Mrs. Labow: Okay.

Mr. Sohl: The letter was sent to, it was dated May 7th. It was sent to Waterman. I sent an e-mail actually to Mrs. Labow and Ray Perkins on the 8th informing them of the same. Again, we didn’t actually stop issuing permits until about a week after May 2nd.

Mr. Rattner: Okay, that was the question that the last, was a week and a half after May 2nd and you were still accepting money and selling permits.

Mr. Sohl: The invoice was not issued at that point but it had been, the permit had been requested. So it was just following through on that end. The bottom line is nothing has…

Mr. Rattner: Okay, so we actually would let them take water before…

Mr. Sohl: No, they were prepaying or pre-buying permits and in fact we never fulfilled those last ones. That’s why we gave them the refund.

Mr. Rattner: Okay, no, I understand, okay. You also said that we also had another, 1304, that was in April.

Mr. Sohl: I have it here if you want to see it.

Mr. Rattner: But it’s not on your…

Mr. Sohl: Well, it was probably paid before, on a prior list, right?

Mr. Rattner: It’s not on your, it’s not on the revenue detail inquiry as showing as money coming in because that was on the voucher package. You had three temporary permits. One was for Fox Chase. One was Magestro Court and the other was PNC Bank. Then the only other thing you had on your revenue was on May 12th where you sold ten permits.

Mr. Sohl: Sherry’s looking it up.

Ms. Jenkins: I was out at a seminar today, Steve, so I only looked at your e-mail at like 5:30 when I was home. My staff did call me and I believe that the 2005-30 is a combination of the three permits that Bill has here.

Mr. Rattner: Okay, I just looked at this because it didn’t fit everything into there and if there was another one in April, then it’s not here anyway. Just to reconcile it and find out why.

Mr. Sohl: Okay, well we have it. I have it here if you want to see it.

Mr. Rattner: No, but I want to know why it isn’t in our books.

Mr. Sohl: Okay.

Ms. Jenkins: What I’m saying is if you look at the revenue journal, there’s an amount here of $2,530, Steve, on May 12th. What I’m saying is if you add, there’s three invoices attached.

Mr. Sohl: 1304 was for…

Ms. Jenkins: $1,771.

Mr. Rattner: Okay, that would make up…

Ms. Jenkins: 506 and then…

Mr. Rattner: That’s why I said that I only added up to nine instead of ten.

Ms. Jenkins: It’s the three added up. The three add up to the 2,000 so it is there.

Mr. Rattner: Okay, and the other was just a simple question. What does…?

Mr. Sohl: The vehicle is dedicated wholly to the Park. It was a light that was put on one of the new trucks.

Mr. Rattner: Okay, we charged it to Turkey Brook or is that charged to an outside account and we just say Turkey Brook?

Mr. Sohl: That truck is dedicated totally to the Park.

Ms. Jenkins: Turkey Brook is a sub-account within the Buildings & Grounds budget.

Mr. Rattner: Okay. I just saw Turkey Brook on there and I was wondering what the lights were.

Ms. Jenkins: Since it’s a Turkey Brook truck…

Mr. Sohl: Fair question.

Mr. Rattner: As I said, it was just for identification.

Mr. Sohl: No problem, anything else?

President Perkins: That it?

Mr. Rattner: Yes.

APPROVAL OF MINUTES OF PREVIOUS MEETINGS

President Perkins: That takes us to the Approval of Minutes. Mrs. Labow, would you move the Minutes, please?

Mrs. Labow: I move for approval of the Minutes from… Now, wait a minute. I lost my Agenda.

Mr. Tepper: May 13th.

Mrs. Labow: May 13th Workshop and…

Mr. Tepper: And June 3rd.

Mrs. Labow: …May 20th Closed Session and June 3rd Special Public Meeting.

May 13, 2008 WS (Budget)
All Present

May 20, 2008 CS (added)
All Present

June 3, 2008 Special Public Meeting
Absent: Mrs. Labow

President Perkins: Do I have a second?

Mr. Tepper: Second.

President Perkins: Any discussion, corrections, comments? Seeing none, Roll Call, please.

Mrs. Lashway: Mr. Greenbaum?

Mr. Greenbaum: Here.

Mrs. Lashway: We’re voting on the Minutes.

Mr. Greenbaum: Yes, yes.

ROLL CALL - Passed with the exception Mrs. Labow abstained from June 3rd. Mr. Roman was absent.

CORRESPONDENCE

LETTERS FROM RESIDENTS / ORGANIZATIONS

1. Letter received May 19, 2008, from Bicycle Touring Club of North Jersey regarding Ramapo Rally. PDF Correspondence

2. E- Mail received May 20, 2008, from V. Baboomian regarding flooding of Township Fields. PDF Correspondence

3. Letter received May 22, 2008, from Budd Lake First Aid and Rescue Squad regarding Resolution to honor the Volunteers for EMS week. PDF Correspondence

4. Twenty letters received May 27, 2008, from Mrs. McHale’s 4th grade class at Sand Shore School regarding ways to make Mount Olive a better place to live. PDF Correspondence

5. E-mail received May 28, 2008, from Ian Laudor regarding a request for Appeal Hearing on the Property Maintenance Code for Block 6101 Lot 16 (10 Collingswood Place, Flanders, NJ). PDF Correspondence

6. Letter received June 2, 2008, from MARS, North America regarding Mars MVP Week. PDF Correspondence

RESOLUTIONS / ORDINANCES / CORRESPONDENCE OTHER TOWNS

7. Resolution received May 22, 2008, from Rockaway Township regarding A-1265, which would permit a Municipal Library Board of Trustees to Transfer into the Municipality any excess library funds beyond the amount needed to operate the library while maintaining a reasonable budgetary surplus. PDF Correspondence

8. Resolution received May 27, 2008, from the Township of Chester regarding Support for Constitutional Amendment to dedicate revenue for Open Space and Farmland Preservation. PDF Correspondence

9. Ordinance received May 29, 2008, from the Borough of Stanhope regarding Land Use. PDF Correspondence

10. Resolution received June 6, 2008, from Township of Middletown regarding FEMA Flood Zone Map and Requesting Reconsideration. PDF Correspondence

MUA / MSA

11. Minutes received June 6, 2008, from the Musconetcong Sewerage Authority regarding their May 7th meeting. PDF Correspondence

DOT / DEP / LOI / HIGHLANDS

12. Letter received May 19, 2008, from the State of New Jersey, Department of Environmental Protection regarding Notice of Deficiency, Rocco Gaudioso, 15 Delbar Drive, Mount Olive Twp. PDF Correspondence

13. Letter received May 19, 2008, from the State of New Jersey, Department of Environmental Protection regarding George Blasko, Preliminary and Final Site Plan Block 8301, Lots 11 and 12. (484 Route 46) PDF Correspondence

14. Letter received May 20, 2008, from the State of New Jersey, Highlands Water Protection and Planning Council regarding a request to support voter referendum on water fee. PDF Correspondence

15. Freshwater Wetlands Application Checklist received May 22, 2008, from Lozier Estates LLC c/o Roy Solondz for property located at 80 & 86 Lozier Road, Block 2801, Lots 11 & 14. PDF Correspondence

16. Letter received May 22, 2008, from the State of New Jersey, Department of Environmental Protection regarding a Final Administrative Consent Order for Alnaz Corp. Home Development, Elizabeth Estates, Block 7000, Lot 63 (9 Shop Lane) PDF Correspondence

17. Letter received May 27, 2008, from the State of New Jersey, Department of Environmental Protection regarding Morris County YMCA Dam, NJ DEP File No. 25-67. PDF Correspondence

18. Letter received May 30, 2008, from Woodmont Properties regarding Application Submitted by Donald Witmondt for a Highlands Applicability Determination for Block 7102, Lots 2 & 3 (2 & 4 Donna Lane) PDF Correspondence

19. Letter received June 2, 2008, from the State of New Jersey, Department of Transportation regarding US Highway Rt. 46 over the Musconetcong River Bridge. PDF Correspondence

20. Letter received June 2, 2008, from the State of New Jersey, Council on Affordable Housing regarding COAH’s Revised Third Round Rules. PDF Correspondence

21. Letter received June 2, 2008, from the State of New Jersey, Department of Environmental Protection regarding Notice of Deficiency, Remedial Action Report for 29 Fire Tower Road. PDF Correspondence

22. Letter received June 4, 2008 from Careaga Engineering regarding a Highlands Applicability Determination for William Stroud Block 7000, Lot 82 (69 River Road). PDF Correspondence

23. Letter received June 6, 2008, from Leonard M. Cholish regarding a statement of ownership for Lot 29, Block 6900 (35 Squire Hill Road, Long Valley). PDF Correspondence

24. Letter received June 6, 2008, from the State of New Jersey, Department of Environmental Protection, Bureau of Northern Field Operations regarding a Conditional No Further Action Letter and Covenant Not to Sue for 14 Stanley Place. PDF Correspondence

MORRIS COUNTY

25. Minutes received May 23, 2008, from the Morris County Planning Board regarding the April17th, 2008 Meeting. PDF Correspondence

26. E-mail received May 30, 2008, from Hope Hezel regarding a notice of Public Hearing on the Morris County Area Paratransit System’s (MAPS) application for the Senior Citizen and Disabled Residents Transportation Assistance Program. PDF Correspondence

DCA

27. E-mail; received May 20, 2008, from the Department of Community Affairs regarding CMPTRA Revisions can be used in budgets. PDF Correspondence

LEAGUE OF MUNICIPALITIES

28 E-mail received May 19, 2008, from the New Jersey State League of Municipalities regarding the release of a revised CMPTRA Distribution. PDF Correspondence

29. E-mail received May 19, 2008, from the New Jersey State League of Municipalities regarding Revisiting New Jersey’s General Ledger Chart of Accounts & the Pro Forma Journal Entries, and Urgent Policy Alert – Committee Hearing this Thursday – A500 Affordable Housing Hearing. PDF Correspondence

30. E-mail received May 20, 2008, from the New Jersey State League of Municipalities regarding the May 20th State Budget Summit. PDF Correspondence

31. E-mail received May 22, 2008, from the New Jersey State League of Municipalities regarding S-1137, Expands Scope of Negotiations with a Sample Resolution Attached. PDF Correspondence

32. E-mail received May 23, 2008, from the New Jersey State League of Municipalities regarding A-500 Affordable Housing. PDF Correspondence

33. E-mail received May 27, 2008, from the New Jersey State League of Municipalities regarding Federal update for period ending May 23, 2008 and revisiting New Jersey’s general ledger chart of accounts and the pro forma journal entries. PDF Correspondence

34. E-mail received May 28, 2008, from the New Jersey State League of Municipalities regarding Pay to Play and Ethics Seminar. PDF Correspondence

35. E-mail received May 29, 2008, from the New Jersey State League of Municipalities regarding a Foreclosure Clinic. PDF Correspondence

36. E-mail received May 30, 2008, from the New Jersey State League of Municipalities regarding A-500, Affordable Housing. PDF Correspondence

37. E-mail received June 2, 2008, from the New Jersey State League of Municipalities regarding a Hearing on A-1645 – Mandating a Qualified Purchasing Agent. PDF Correspondence

38. E-mail received June 2, 2008, from the New Jersey State League of Municipalities regarding May Grant Page Posted, Recent Laws that affect Tax Collectors and a Hearing on A-1645. PDF Correspondence

39. E-mail received June 3, 2008, from the New Jersey State League of Municipalities regarding Important New Information from the Division of Local Government Services, Member Plaque, New Addition – Building Economic Development at the Local Level (4th Addition), Binding Arbitration Revisions Could Prove Costly. PDF Correspondence

40. E-mail received June 4, 2008, from the New Jersey State League of Municipalities regarding a Hearing on A-1645 Mandating a Qualified Certified Purchasing Agent. PDF Correspondence

41. E-mail received June 5, 2008, from the New Jersey State League of Municipalities regarding two new developments on website and Federal Election Resource. PDF Correspondence

42. Letter received June 5, 2008, from the Morris County League of Municipalities regarding Program Information for a Planetarium Show. PDF Correspondence

UTILITIES

43. Letter received May 19, 2008, from Cablevision regarding issuance of municipal consent. PDF Correspondence

TORT

44. Notice of Claim received May 19, 2008, from Baker, Pedersen & Robbins regarding Michael Pisano. PDF Correspondence

LETTERS FROM LEGISLATIVE REPRESENTATIVES

45. E-mail received May 16, 2008, from Congressman Frelinghuysen regarding close the “Enron” loophole, working to increase gasoline supply, bloated farm bill, seminar on emergency response, armed forces day at Picatinny, and Frelinghuysen visits local schools. PDF Correspondence

46. E-mail received May 23, 2008, from Congressman Rodney Frelinghuysen regarding Welcoming NASA Astronaut to 4 New Jersey Schools, Opposing tax Increase, Votes against Subsidies for Millionaire Farmers, House passes Bill to Bring Ballistics Lab to Picatinny Arsenal, and visiting Regional Veterans Administration Offices. PDF Correspondence

47. E-mail received May 30, 2008, from Congressman Frelinghuysen regarding Frelinghuysen Honors Veterans on Memorial Day, Frelinghuysen Presents Grant to Law Enforcement, Frelinghuysen Brings Armored Vehicle to Morris County, Frelinghuysen Announces Bookshelf Award for Montville School, and UPDATE: Over 100 Days without the Protect America Act. PDF Correspondence

ORDINANCES FOR PUBLIC HEARING

President Perkins: There are 47 pieces of Correspondence. Does anyone wish to discuss any one of the pieces? Seeing none, that will move us on. That takes us to Ordinances for Public Hearing. I open the hearing to the public on Ord. #27-2008…

Ord.#27-2008 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.” PDF Ordinance

Mr. Dorsey: You want…

Mr. Greenbaum: Motion to table.

Mr. Dorsey: Motion to table, right.

Mr. Tepper: Second.

Mr. Dorsey: Sherry?

Mayor Scapicchio: I thought you wanted to defeat that.

Mr. Greenbaum: Motion to table.

Mrs. Labow: Second.

Mr. Tepper: I’ve already seconded it.

Mrs. Labow: Oh, it’s seconded. Never mind.

President Perkins: Get a vote on that, Lisa?

ROLL CALL – Passed Unanimously

President Perkins: I open the hearing to the public on Ord. #27-2008, entitled:

Ord. #28-2008 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.” PDF Ordinance

President Perkins: Anyone from the public wish to be heard on that ordinance? Seeing none, I close it to the public. Mr. Rattner.

Mr. Rattner: Me?

President Perkins: Yes, sir.

Mr. Dorsey: You’re still Rattner.

Mr. Rattner: Okay, I move…

Mr. Tobey: 28.

Mrs. Labow: 28.

Mr. Rattner: This is where I had the problem.

Mr. Greenbaum: You’ve been doing this for 20 years, Steve. Just move for approval.

Mr. Rattner: I move for adoption and final approval of Ord. #28-2008.

Mrs. Labow: Second.

Mr. Rattner: I was looking at the revised one…

President Perkins: Council discussion? Seeing none, Roll Call.

ROLL CALL – Passed Unanimously

President Perkins: Ord. #28-2008 has passed on second reading, and I hereby direct the Clerk to forward a copy of same to the Mayor and publish a notice of adoption as required by law. I open the hearing to the public on ordinance #30-2008, entitled:

Ord. #30-2008 An Ordinance of the Township of Mount Olive Authorizing Four Speed Humps on Tinc Road Pursuant to N.J.S.A. 39:4-8.10. PDF Ordinance

President Perkins: Anyone from the public wish to be heard on that ordinance? Seeing none, I close it to the public and we will ask Mr. Tepper to move that, please.

Mr. Tepper: I move for adoption and final passage of Ord. #30-2008.

Mrs. Labow: Second.

President Perkins: Council discussion? Mr. Tepper.

Mr. Tepper: Was it speed “humps” or speed “tables?”

Mr. Dorsey: Speed “tables.”

Mr. Tepper: I thought it was speed “tables.”

Mrs. Labow: Yes, you’re right, speed “tables.” That’s what they said the name was called.

Mr. Tepper: Right, because we discussed the fact that they were wider and longer. So can we amend it to…?

Mr. Dorsey: Yes, amend it to change the title from “hump” to “table.”

Ord. #30-2008 An Ordinance of the Township of Mount Olive Authorizing Four Speed Tables on Tinc Road Pursuant to N.J.S.A. 39:4-8.10.

Mr. Tepper: Not a problem, John. We can do that on the table.

Mr. Sohl: As opposed to speed “bumps” versus “humps.”

Mrs. Labow: Let’s not go there.

Mrs. Lashway: Do I have to re-advertise that?

Mr. Dorsey: No.

Mrs. Labow: I don’t think it’s a substantial change.

President Perkins: Alright, any other discussions or comments? Seeing none, Roll Call, please.

Mr. Tepper: Was it seconded?

Mrs. Lashway: Mr. Greenbaum?

Mr. Greenbaum: Yes.

Mrs. Lashway: Mr. Tepper?

Mr. Tepper: Point of order, was it seconded?

Mrs. Labow: Yes, I seconded it.

Mr. Tepper: Okay, yes.

ROLL CALL – Passed with the exception Mr. Rattner voted no

ORDINANCES FOR FIRST READING (2nd Reading – June 24, 2008)

President Perkins: Ord. #30-2008 has passed on second reading, and I hereby direct the Clerk to forward a copy of same to the Mayor and publish a notice of adoption as required by law. That takes us to Ordinances for First Reading with a Second Reading of June 24, 2008. The next item on the Agenda for First Reading is an ordinance entitled:

Ord. #32-2008 An Ordinance of the Township of Mount Olive to Amend and Supplement Chapter 102 Entitled “Documents, Fees For Copies of”, Section 102-5 Entitled “Photocopies (Per Page)” of the Code of the Township of Mount Olive. PDF Ordinance

President Perkins: Mr. Roman, can you move that, please?

Mr. Roman: Yes, Mr. President. I move that Ord. #32-2008 be introduced by title and passed on first reading and that a meeting be held on June 24th, 2008 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.

Mrs. Labow: Second.

President Perkins: Council discussion? Seeing none, Roll Call, please?

ROLL CALL – Passed Unanimously

President Perkins: The next item on the Agenda for first reading is Ord. #33-2008, entitled:

Ord. #33-2008 An Ordinance of the Township of Mount Olive to Amend and Supplement Ordinance No. 14-2008 Entitled “An Ordinance of the Township of Mount Olive to Amend and Supplement Various Portions of the Mount Olive Township Code Dealing with Solid Waste and Recycling” PDF Ordinance

President Perkins: Mr. Tobey, would you introduce that, please?

Mr. Tobey: Yes, I move that Ord. #33-2008 be introduced by title and passed on first reading and that a meeting be held on June 24th, 2008 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. Tepper: Second.

President Perkins: Council discussions? Seeing none, Roll Call, please.

ROLL CALL – Passed Unanimously

President Perkins: The next item on the Agenda for First Reading is Ord. #34-2008, entitled:

Ord. #34-2008 An Ordinance of the Township Council of the Township of Mount Olive Amending Ordinance #4-2007 Entitled Salaries of Certain Non-Union Personnel. PDF Ordinance

President Perkins: Mr. Greenbaum, would you move that, please?

Mr. Greenbaum: I move that Ord. #34-2008 be introduced by title and passed on first reading and that a meeting be held on June 24th, 2008 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.

Mrs. Labow: Second.

President Perkins: Council discussions? Seeing none, Roll Call, please?

ROLL CALL – Passed Unanimously

President Perkins: The next item on the Agenda for First Reading is Ord. #35-2008, entitled:

Ord. #35-2008 An Ordinance Granting Permission and Consent to Applied Wastewater Management, In., 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” PDF Ordinance

President Perkins: Mrs. Labow?

Mrs. Labow: Thank you, Mr. President. I move that Ord. #35-2008 be…

Mr. Dorsey: Excuse me. Excuse me. You don’t want to introduce this. We agreed that we wouldn’t introduce this until there is a meeting.

Mrs. Labow: I thought we said we were going to introduce it so that we can get it on the books and then we…

President Perkins: That’s what I thought.

Mr. Greenbaum: Does it make sense to publish it if we’re not going to ultimately approve it in the form that it’s in here?

Mrs. Labow: Yes, that’s…

Mr. Tepper: I make a motion that we table it.

President Perkins: Motion that we carry it?

Mr. Greenbaum: Just introduce it.

Mr. Dorsey: No, you don’t have to do anything. You just don’t have to introduce it.

President Perkins: Just don’t introduce it.

Mr. Dorsey: It would be rather insulting to Mr. Kolbert to introduce it…

Mr. Tepper: Can we tell him that it was your idea, John?

Mr. Dorsey: He would believe that.

CONSENT RESOLUTIONS AGENDA:

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

CONSENT RESOLUTIONS

1. Resolution of the Township Council of the Township Of Mount Olive Authorizing the Reduction in Performance Guarantees in Connection with Armstrong Sutton Plaza PDF Resolution

2. Resolution of the Township Council of the Township of Mount Olive Committing to Petition with a Third Round Affordable Housing Plan and to Expend Affordable Housing Trust Fund Monies on the Development of a Housing Element and Fair Share Plan for Mount Olive Township, Morris County PDF Resolution

3. Resolution of the Township Council of the Township of Mount Olive Amending the 2008 Temporary Budget for the Current Fund PDF Resolution

4. 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 “Pegasus Electric Motors” PDF Resolution

5. 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 Valenti and Son” PDF Resolution

6. Resolution of the Township Council of the Township of Mount Olive Awarding Contract to Accuracy Electric Inc. for the re-bid of NJ Licensed Electrician Services PDF Resolution

7. Resolution of the Township Council of the Township of Mount Olive Authorizing a Contract between the Township and the State of New Jersey, Department of Environmental Protection PDF Resolution

8. Resolution of the Township Council of the Township of Mount Olive Authorizing the Application for and Authorizing the Mayor to Execute a 2008 CEDAP Grant (Commercial Equipment Direct Assistance Program) PDF Resolution

9. Resolution of the Township Council of the Township of Mount Olive Authorizing the Application for and Authorizing the Mayor to Execute a 2008 SOS Grant (Secure our Schools) PDF Resolution

10. Resolution of the Township Council of the Township of Mount Olive Authorizing The Township Of Mount Olive to Submit a Planning Assistance Grant Application to the Highlands Regional Council for Initial Assessment PDF Resolution

11. Resolution of the Township Council of the Township of Mount Olive Authorizing the Submission of an Application for the Mount Olive Municipal Alliance Grant for Calendar Year 2009 in the Amount of $7,728.00 PDF Resolution

12. Resolution of the Township Council of the Township of Mount Olive Closing Downstream Drive on June 28, 2008, Between 2 pm and 2 am on June 29, 2008, for the Purpose of Holding a Block Party PDF Resolution

13. Resolution of the Township Council of the Township of Mount Olive Authorizing the Renewal of Alcoholic Beverage Licenses for the 2008-2009 Licensing Period (amended) PDF Resolution

14. Resolution of the Township Council of the Township of Mount Olive RE: Approval to Submit a Grant Application and Execute a Grant Agreement with New Jersey Department of Transportation for the Flanders Bartley Road- Phase II Project PDF Resolution

15. Resolution of the Township Council of the Township of Mount Olive Awarding a Contract to OCS Printing for Printing Services for 2008-2009 PDF Resolution

President Perkins: Alright, thank you. That takes us to Consent Resolutions. I’m not going to read through the whole little paraphrase. We all know that they are non-controversial but any item can be removed. Having said that, is there any Council member who wishes to have any item from the Consent Resolution list moved to Non Consent? Seeing none, Mr. Tepper, would you move those, please?

Mr. Tepper: Yes, Mr. President. I move for approval of Consent Resolutions 1 through 15.

Mr. Rattner: Second.

President Perkins: Council discussion? Roll Call.

Mrs. Lashway: Mr. Greenbaum?

Mr. Greenbaum: We need to have public discussion.

Mrs. Lashway: Open it to the public.

Mr. Tepper: Yes.

President Perkins: Oh, I’m sorry. You’re correct, Mr. Greenbaum, thank you. Anyone from the public wish to be heard on those? Seeing none, I close it to the public. Now, the 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

MOTIONS

President Perkins: That takes us to Motions. Mrs. Labow, could you move the first Motion?

Mrs. Labow: Okay, I’d like to move for approval of:

1. Approval of Raffle Application #2251 for the MOHS Band Booster Association, Raffle Application #2252 for the Budd Lake Volunteer Fire Co. #1. and Raffle Application #2253 for the St. Jude RC Church.

Mr. Roman: Second.

President Perkins: Second, thank you. Council discussion? Roll Call.

ROLL CALL – Passed Unanimously

President Perkins: Motion #2, Mr. Roman.

Mr. Roman: I make a motion that we approve:

2. Approval of the Renewal of a Peddler’s Permit for Avshalom Gibli for Mobil Food Vending.

President Perkins: Do I have a second?

Mr. Tepper: Second.

President Perkins: Council discussion?

Mr. Roman: Yes.

President Perkins: Mr. Roman.

Mr. Roman: What is he mobile food vending? What is he vending?

Mrs. Lashway: It’s what’s known as a “roach coach.” The coffee truck.

Mr. Tepper: He drives to different businesses and sells…

Mr. Sohl: Like the hot dog wagon or something.

Mr. Roman: Oh, that guy. Okay, never mind.

Mr. Tepper: He’s been here before.

Mr. Roman: Just didn’t know who it was.

President Perkins: He drives past your shop, right.

Mr. Roman: Yes, now I know who he is.

Mr. Tepper: He had coffee this morning.

President Perkins: Call the Roll, please.

ROLL CALL – Passed Unanimously

President Perkins: That takes us to the Bill List. Mr. Rattner, can you move that?

Mr. Rattner: Thank you, Mr. President, I move that the Bill List be approved as submitted, all 27 pages.

3. Bill List. PDF Bill List

Mr. Roman: Second.

President Perkins: Second, thank you. Council comments? Roll Call, please.

ROLL CALL – Passed with the exception Mrs. Labow voted no

ADMINISTRATIVE MATTERS

President Perkins: That takes us to Administrative Matters. Mr. Sohl?

Mayor Scapicchio: A couple of items, Mr. President. Just, the closing for Charters Farms took place. Lisa and I last week went down to the County to sign the closing documents. Mr. Dorsey presented Sherry with a check in the amount of $653,000 and some change. Half of that goes back to the County. Flanders Tennis Courts are completed. The Mulberry House fire restitution is fully paid off. That one family that was paying that off finally made the last payment and I signed that release this afternoon. I think Kathy has everything worked out with the Boathouse in terms of a guarantee of all of the funding, where the funding is coming from, and the fact that we do have the ability to demolish that structure if we choose to do so.

Mr. Dorsey: Without losing the grant.

Mayor Scapicchio: Without losing the grant.

Mr. Dorsey: Well, you know, if that’s true…

Mr. Sohl: We just got it today.

Mayor Scapicchio: We just got it today.

Mr. Dorsey: Well, I wasn’t being critical.

Mayor Scapicchio: Sorry.

Mr. Dorsey: But everybody clearly note who brings the check back to Mount Olive, not the Mayor, not the Clerk, the Attorney.

Mrs. Lashway: I tried to get it.

Mr. Dorsey: What?

Mrs. Lashway: I tried to get it.

Mr. Dorsey: Anyway, the Boathouse, very interesting. If those things are resolved to your satisfaction then we have to ask, we defeated, if my recollection is correct, we defeated the ordinance that would have originally authorized the acquisition. Therefore, the ordinance should be put back on for introduction at the next meeting because you need the ordinance to authorize you to execute the contract.

Mr. Sohl: Yes, I think specifically the ordinance modified an existing one because the original one called for half of the money coming from, Kathy…

Ms. Jenkins: No, I could answer that. We have no ordinance in place for funding right now for the Boathouse because it was cancelled. So we’re going to need to readopt a whole new ordinance.

Mr. Dorsey: That’s what I, you have to do that. You have to have specific authorization for the Mayor to sign the contract.

Mr. Sohl: Correct.

Mr. Dorsey: So there is an ordinance. I never drew such an ordinance. It’s… I did?

Ms. Jenkins: You did do one. I remember.

Mr. Tepper: Yes, it was voted down.

Mr. Sohl: Back in ’07.

Mr. Dorsey: And I didn’t feel hurt at all.

Mrs. Lashway: No, it was just a couple of months ago.

Ms. Jenkins: Lisa, can you look and see if you have that?

Mrs. Lashway: I have it. I think it was #25.

Mr. Sohl: It’s 57-08.

Mr. Dorsey: So we just have to resuscitate it.

Mrs. Labow: What about the one we did in 2007?

Mayor Scapicchio: Wasn’t it defeated?

Ms. Jenkins: It was.

Mr. Sohl: No.

Mayor Scapicchio: Yes, it was defeated.

Mr. Tepper: It had been defeated at that point in time because the funding wasn’t… We had no contract.

Mr. Dorsey: No, no, it was defeated, Colleen.

Mrs. Lashway: No, 52-2007 was adopted. 25-2008 amended 52-2007 and that was defeated. We will pull that out and put it back on.

Mr. Tepper: We didn’t have a contract at that time.

Mr. Sohl: Lisa’s 100% accurate.

Ms. Jenkins: Kathy, is the breakout of the funding still the same?

Mr. Sohl: Ray?

President Perkins: Anything else?

Mr. Sohl: Yes, I’ll just add the fact that some folks may have noticed that there’s been some additional weed treatment being done on the Lake. We get monitoring results. Kathy’s been getting them and passing them on to the Council, right?

Mr. Roman: I didn’t get it.

President Perkins: Wonderful. It seems to be working, Bill?

Mr. Sohl: Kathy, do you want to give a report on what they’ve been telling us? Essentially yes, but I mean, in terms of how it’s working.

Mrs. Murphy: Okay, I can send a copy of this letter I received from Princeton Hydro. I can send that out for everybody. What’s happened is the Lake was treated at the beginning of May on schedule and they’ve been doing the tests periodically as they were required to do. Then last week they applied what they called the “bump” or the second lesser treatment to complete the whole treatment process. So they said that this is a slow release type of systemic granule that is absorbed into the plants. It takes about four to six weeks to see your optimum die back. That is intentional because if you were to have a mass die back of all of the weeds you might get algae blooms or fish kills based on drops of oxygen rates. Everything is proceeding nicely. The past test results meet the requirements, so everything is on track. So hopefully we’ll see a really good result this year and then in successive years we may need to go back and do some spot treatments but certainly nothing to the extent we had to do this year for one.

President Perkins: It’s encouraging.

Mrs. Murphy: Yes, I only got the information today from Princeton Hydro, a summary of the report. So what I’ll do is I’ll send that out and we can send it out so the Lake Association is aware of it as well. All the Lake treatment is complete at this time.

President Perkins: Okay. Thanks, Kathy. Anything else, Bill?

Mr. Sohl: That’s it.

President Perkins: That’s it? Thank you. That takes us on to New Business. No New Business. Legal Matters, Mr. Dorsey?

OLD BUSINESS - none

NEW BUSINESS - none

LEGAL MATTERS

Mr. Dorsey: Yes, one very good piece of news. On Friday, no on Monday, we received the recommended decision by the hearing officer at EPA and that decision, had it been negative, I think would have been the end of our hopes for Combe Fill North, but the decision was very positive. The decision, I really, it’s a 20 page decision. I’ve sent you copies of it. I’ve underlined sections so perhaps you can grab it. They essentially bought all of the arguments that I made on behalf of the Township. It unfortunately is not the end of our dealings with EPA because we have to bring it to a total consummation whereby they now lift the lien they have filed, but we are, I believe, on the way and by the time we finish that, Mr. Rattner should have resolved all of the issues with DEP in terms of sewer. So it was a very good decision. Even the attorneys for Rockefeller aren’t quite sure what steps have to be taken next. So the Mayor is going to arrange a meeting with them so that we can discuss it, but it was a great opinion. We didn’t think necessarily that we could have a fair and favorable result when you’re having a hearing officer who’s an employee of the EPA and the Assistant Regional Counselor for Region II of EPA is vigorously pursuing his position that there is a $32 million windfall lien to be placed on the property, but we are still alive and hopefully we’re moving forward.

President Perkins: Thank you, Mr. Dorsey. That moves us on to Council Reports.

Mrs. Labow: Ray, excuse me. Did you call for Old Business? Or did I miss that?

President Perkins: Yes.

Mrs. Labow: Oh.

President Perkins: You missed it.

Mrs. Labow: I missed it.

President Perkins: So it’ll be older the next time you get back to it.

Mrs. Labow: I have to remember two weeks from now what it was?


COUNCIL REPORTS

Recreation Liaison Report

Mr. Roman: Recreation met. Jill was not able to attend. She was a group leader at a Yankees game. Nothing really of note to report that happened in the meeting, but what I have been hearing throughout my association with other sports organizations is the fallout that may occur from our cutting the one Recreation staffing and placing it on the Utility. The possibility of an increased cost to parents that are participating in multiple programs, there is no definitive method of paying for it yet, but the discussion has been started. I’m not, what I’m hearing is not anything exciting about it. Baseball is in the midst of their playoffs. Recreation Baseball is in the midst of their playoffs. Softball has finished off their playoffs. Also I’d like to make a note that Elite Basketball Association, which is a Basketball Association run out of the Community Schools, is having a charity basketball three on three tournament at Flanders Park this Saturday, June 14th. That is it.

President Perkins: That you, Mr. Roman. Board of Health Report, Mrs. Labow.

Board of Health Report

Mrs. Labow: We meet next week.

President Perkins: Thank you. Planning Board, Mr. Tepper?

Planning Board Report

Mr. Tepper: Meets Thursday.

President Perkins: Board of Adjustment, Mr. Roman.

Board of Adjustment Liaison Report

Mr. Roman: Did not meet since the last meeting.

President Perkins: Open Space Committee, Mrs. Labow.

Open Space Committee Report

Mrs. Labow: Open Space met last evening and basically what they discussed was a design for the Township Open Space sign, which is being finalized. We want to put signs throughout the Township on all of our Open Space so anybody driving by can see what Open Space we have, which should make a nice impact because there is so much and people just don’t know about it. We also want to encourage the public to use our Open Space. Of course they’re not going to use it if they don’t know where it is. The Committee is also working to make final selections for the 2008 Morris County Open Space Grant Application, and the Township has received payment from the NJ Department of Agricultural Farmland Preservation which we already discussed through the Administration earlier. That’s about it for right now. We’re also talking about moving forward with the trails and the trails working and we’ll shortly be closing on the property between Turkey Brook Park and the High School. We’re looking forward to making some headway with that with the trails connecting the two parcels.

President Perkins: Thank you, Mrs. Labow. Legislative Committee, Mr. Rattner?

Legislative Committee Report

Mr. Rattner: Nothing to report.

President Perkins: Pride Committee Report, Mrs. Labow?

Pride Committee Liaison Report

Mrs. Labow: Pride Committee, let’s see. Interesting things are going on. The one question that was, I’m bringing my Old Business up with my Council Report. The Old Business basically was that the Pride Committee was concerned. They had heard that the money for the billboard, it was said that it was going to be used for the Pride Committee. Mayor Scapicchio, in the Mount Olive Weekly, had said that the money is being used for the Pride Committee but I think in discussions that the money is going to go in the general fund. So the concern from the Pride Committee is do we have access to that money or don’t we, and what would be our, what’s the procedure to use it if it’s going into the general fund, or is it going to go into the Pride Committee account?

Mr. Sohl: It goes in the general fund as a matter of where it goes.

Mayor Scapicchio: It’s a matter of process.

Mr. Sohl: The process. There’s nothing wrong with the Council acknowledging in the budget for 2009 whatever the number is.

Mrs. Labow: But does it go into the Pride budget or their fund?

Mr. Sohl: No, not automatically.

Mr. Tepper: Transfer.

Mr. Sohl: We can offset, we can show it being offset or the fact that we have the expectation that we’ve received such and such a revenue, whatever it is or will receive.

Mrs. Labow: Okay, that sounds good. The other thing that we were working on is the front, well front back, of the building, the part of the building that faces the road. We went out there our last meeting and we looked at the Eagle Scout project which was done by Sean Breheny back in 2004 I think it was. He did a very nice job. He made the forms for Mount Olive and he has flowers planted inside of there. It is in some disrepair but we’re planning on going out there and planting flowers and hopefully seeing if some of the Scouts may want to take on the project of repairing and fixing up the actual forms for the letters. We also took note that our concern that the trees in front of the building are actually blocking seeing the Mount Olive municipal building. We wanted to talk to Jim Lynch about that and possibly do some landscaping to go around our building for beatification purposes. We had our presentation at the Memorial Day Parade for our two essay winners and that was a very nice occurrence. I will say that I had 25 essays to read. I had a pile of “no,” “maybe,” and “yes.” I read through them all. I had nothing in the “no,” nothing in the “maybe” and 25 in the “yes.” So a lot of fun reading them over and over until we finally had the selection but it’s always an honor to read them. Thank you.

President Perkins: Great.

Mr. Sohl: Question.

President Perkins: Thank you, Mrs. Labow.

Mr. Sohl: Is the Pride Committee going to put that in the request, etc. in writing to the Administration?

Mrs. Labow: For which one, Bill?

Mr. Sohl: All of them.

Mrs. Labow: Yes, we did our little…

Mr. Sohl: We did get the Open Space sign e-mail from Laura late this afternoon.

Mrs. Labow: That’s Open Space. Pride Committee is different. Which one are you questioning?

Mr. Sohl: I’m confused.

Mrs. Labow: Okay. You’re talking about the landscaping?

Mr. Sohl: As far as any recommendations from Pride relative to the trees in front of the building or otherwise.

Mrs. Labow: Right, we’re waiting, basically we don’t know how much money we have to work with and we’re certainly willing to do a lot of the work.

Mr. Sohl: Well you haven’t seen the budget. That’s your limit. You’ve got $2,250 this year.

Mrs. Labow: $2,500.

Mr. Sohl: Whatever it is.

Mrs. Labow: Well, the $3,000 we can’t use?

Mr. Sohl: No.

Mrs. Labow: Why?

President Perkins: Not yet.

Mr. Sohl: Next year. Not received yet.

Mr. Tepper: Not in the budget.

Mrs. Labow: Okay, so it’s for next year that we could possibly use it but in the interim we could certainly request money from…

Mayor Scapicchio: That $3,000 was just going to offset what we normally fund. So it’s not going to be in addition to.

Mrs. Labow: That wasn’t the understanding.

Mayor Scapicchio: It’s not going to be in addition to.

Mrs. Labow: That wasn’t the understanding, never the understanding. That was in addition to, to work, to have other projects. That means that the budget only gets bumped up $500.

Mr. Sohl: Well it’s your call. It’s a Council call. You can do whatever, however you want to handle it.

Mr. Roman: I mean, you could make the motion that the Pride Committee’s budget get increased by…

Mr. Sohl: That will be a 2009 budget question.

Mr. Tepper: It’s not a question we’re going to need to resolve right now.

President Perkins: Not today.

Mrs. Labow: No, not tonight. We’ll get the Minutes from the previous meetings and review it.

President Perkins: Board of Education, Mr. Tobey.

Board of Education Liaison Report

Mr. Tobey: Nothing to report.

President Perkins: Thank you. Lake and Environmental Issues, Mr. Rattner.

Lake/Environment Issues Committee

Mr. Rattner: We had the Lake cleanup two weeks ago. It was a beautiful day. It wasn’t as exciting or eventful as it was last year when we found that case of questionable materials. I’ll leave it at that.

Mrs. Labow: Yes, leave it at that.

Mr. Rattner: One thing that’s getting more and more interesting with the DEP, it began with my responsibilities at the Lake Musconetcong Planning Board. They stopped the weed harvesting because they want a full endangered species survey of everything that’s on the list. One of the things, one of the Chairmen looked at the list and believe it or not, milfoil is on the endangered species list.

Mr. Tepper: So are we now violating…?

Mr. Rattner: We don’t know. We just got it. What happened was they looked at what we were doing. They went to the DEP and they asked that, they looked at spot treatment of areas they couldn’t get to, to do some herbicides. So they went back and they go into the archives. They found a study done around 1950 that had said that they think they saw an endangered species, and in 1980 there was a botanist who went there and said I may have seen a leaf that Dr. Soussas says is probably impossible to identify from about six others, but because of that they want a total survey of all endangered species. What they are having a big problem with is that the State, as of today, still has not told them what the requirements are, but said if it could be finished by the middle of June that they’ll turn it around in seven days. The studies have said because the Lake is so shallow with so many weeds that if something isn’t done within three years it’s probably just going to be a marsh. It’s in that bad of shape and the DEP appears to let it, is going to let it die. So when we say about working with the DEP it’s just getting unbelievable. One of the things with DEP, it seems like one third of the staff is gone and there’s no money to replace it. So you go into there and try getting something done and you just pass a lot of empty desks and probably the other two thirds are worried about their jobs. So nothing is getting done. So when the Mayor says they’re making a little bit of progress it’s a major accomplishment. It has to be from the tenacity of any of our people who are going down there because it’s almost impossible.

President Perkins: Thank you, Mr. Rattner. Safety Committee, Mr. Greenbaum.

Safety Committee Liaison

Mr. Greenbaum: Nothing to report.

President Perkins: Finance Committee, Mr. Rattner.

Finance Committee Report

Mr. Rattner: Nothing to report.

President Perkins: Economic Development Committee, Mr. Rattner.

Economic Development Committee Report

Mr. Rattner: Haven’t met yet for this month.

President Perkins: Solid Waste Committee, Mrs. Labow.

Solid Waste Advisory Committee Report

Mrs. Labow: We’re not meeting, I don’t think, until September.

President Perkins: Library Board, Mr. Tepper.

Library Board Liaison

Mr. Tepper: Nothing to report.

President Perkins: Thank you. That now takes us to the last public portion.

Mayor Scapicchio: Ray, excuse me.

President Perkins: Mr. Mayor, go ahead.

Mayor Scapicchio: Don Hill and myself are meeting with, and maybe Catherine, with one of the senior representatives at Benjamin Moore on Wednesday or Thursday afternoon. Economic Development.

President Perkins: Excellent. Public? Mr. Russell, name and address, please.

PUBLIC PORTION

Nelson Russell, Budd Lake: Did I hear that we are revisiting the Boathouse issue and we’re going to purchase it this time?

Mr. Dorsey: That seems to be the consensus at the moment.

Mr. Russell: What changed from when we rejected it?

Mrs. Labow: We’ve got a contract now.

Mr. Dorsey: Well, two things. There’s a contract from the owner, signed by the owner with reasonably satisfactory terms in it. The funding of it through sources other than Township funds seems now to be confirmed, and an issue was raised as to whether or not the Boathouse, the building itself, could be demolished without losing the grants, and that question has been answered “yes.”

Mr. Russell: It’s being demolished without Township funds?

Mr. Dorsey: Well, that may be with Township funds but the purchase will be without Township funds.

Mr. Russell: Okay, thank you.

President Perkins: Anyone else from the public? Seeing none, I’ll close it to the public. That takes us to Council Comments. Mr. Greenbaum?

COUNCIL COMMENTS

Mr. Greenbaum: None.

President Perkins: Mr. Tepper?

Mr. Tepper: None.

President Perkins: Mr. Roman?

Mr. Roman: None.

President Perkins: Mrs. Labow?

Mrs. Labow: None.

President Perkins: Mr. Rattner?

Mr. Rattner: None.

President Perkins: Mr. Tobey?

Mr. Tobey: None.

President Perkins: And I have none. We will now be moving into executive session for collective bargaining interpretation. There will be no other action taken once we come back. Mrs. Labow, would you move us into executive session, please?

Mrs. Labow: Yes, thank you, Mr. President. In accordance with Sections 7 & 8 of the Open Public Meetings Act, I move that we go into executive session to discuss Section 4 collective bargaining agreement interpretation.

EXECUTIVE SESSION – Section 4 Collective Bargaining Agreement Interpretation

ADJOURNMENT - Motion was made and seconded, all in favor and none opposed, the meeting was opened and adjourned at 9:46 pm.

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Raymond T. Perkins, Council President

I, LISA 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 June 24, 2008.

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Lisa Lashway, Township Clerk

 

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