The Public Meeting of the Mount Olive Township Council was called to Order at 7:27 President Tobey: We will begin with the Open Public Meeting Announcement as the Pledge of Allegiance and moment of reflection was earlier.



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.




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


Absent: Mr. Greenbaum


Also Present: Sherry Maniscalco, CFO; Dominick DiYanni, Township Attorney; Lisa Lashway, Township Clerk; Bill Sohl, Business Administrator; Mayor David Scapicchio


PUBLIC HEARING: Amended Morris County Open Space Application for West King Estates


President Tobey: The first Item on tonight's Agenda is a Public Hearing on the Amended Morris County Open Space Application for West King Estates.


Kathy Murphy, Grant Coordinator: As you are aware, we're working tonight to amend our application to the Morris County Open Space Trust. There are several properties that came up for sale that were, that are going to be added to this application. In our Open Space Plan, these are very high priority properties. They have a lot of river corridor and this was at the request of one of the owners. Morris County feels that this is important enough that it warrants amending the application. Tonight we just wanted to make the public aware of this and we'll amend the application. The Town will be contributing Open Space dollars from its Green Acres Fund not from its local Open Space and we'll move ahead to acquire these properties. Let me bring Laura up from the Open Space Committee.


President Tobey: Thank you.


Laura Szwak, Chair of the Open Space Committee: This property has been on our Open Space plan for a high priority property and it's on the Open Space plan as a priority because of its buffer to the South Branch of the Raritan River. Budd Lake is the headwaters of the South Branch which is the drinking water supply for a million New Jersey residents, mostly living in central New Jersey. Prior to the good work of the Land Conservancy, there was no preserved land along the South Branch in Mount Olive at all and this provides a real healthy buffer, a vegetative buffer which is important not only to protect the drinking water supply but to mitigate flooding downstream. I don't know if any of you have middle school students that went out with one of the teachers that would take the students, his Science class into the South Branch of the Raritan along River Road but it wasn't necessarily… he must have been a friend or something. It wasn't necessarily on preserved land but this is a piece of land where the middle school students could get in the water and they all did get into the water and get dirty and learn about Science and how to keep water, drinking water protected and pure. It is a category one stream which is most… the South Branch in that area is a category one stream which is the most pristine water in the State of new Jersey so thank you for considering and as I said, the Committee supports the application.


President Tobey: Thank you, thank you for your efforts and hard work. Does anyone on Council have any questions? Before I open it to the public, I'm going to ask actually Mr. Roman to please move Resolutions one and two.


Mr. Roman: I moved for approval of Resolutions one and two entitled:


•  Resolution of the Township Council of the Township of Mount Olive Supporting an Amended Grant Application to the County of Morris, Adding Lots: Block 7702 Lots 1 & 2, Block 8000 Lot 61 and Block 8200 Lot 1.


•  Resolution of the Township Council of the Township of Mount Olive Amending a Previous Resolution Authorizing Funds for Planning Services Related to the Acquisition of Block 7000 Lot 63 and Block 8000 Lot 8, Now Adding Blocks 7702 Lots 1 & 2, Block 8100 Lot 61 and Block 8200 Lot 1.


Mrs. Labow: Second.


President Tobey: It's been moved and seconded. Does anyone from the public wish to be heard on either one of these Resolutions? Seeing none, Kathy, thank you very much.


Mrs. Murphy: Okay.


President Tobey: Roll Call please.


ROLL CALL – Passed Unanimously




President Tobey: We are up to the Approval of Minutes of the Previous Meetings of August 10, 2010 Public Meeting, Workshop and Closed Session. Mrs. Labow, would you please be so kind?


Mrs. Labow: Yes, thank you Mr. President. I move for approval of:


August 10, 2010 PM, WS & CS


Mr. Perkins: Second.


President Tobey: It's been moved and seconded. Any corrections to the Minutes? Seeing none, Roll Call please.


ROLL CALL – Passed with the exception of President Tobey who abstained.






  1. E-mail received August 10, 2010, from North Jersey RC&D regarding Walnut Brook Volunteer Day. PDF Correspondence


  1. Information received August 18, 2010, from Prevention Services regarding the Medicine Chest Challenge. PDF Correspondence




  1. Resolution received August 17 th , from the Borough of Lincoln Park regarding the Request to Change OPRA Law. PDF Correspondence




  1. Correspondence received August 16, 2010, from the Highlands Water Protection and Planning Council (Highlands Council) regarding Mt. Olive Township's Petition for Plan Conformance Grant #09-033-011-1427. PDF Correspondence


  1. Letter received August 18, 2010, from the State of New Jersey, Department of Environmental Protection regarding No Further action Letter for BL 7801 Lot 4 (21 D Tudor Place) PDF Correspondence




  1. E-mail received August 9, 2010, from the New Jersey State League of Municipalities regarding Binding Arbitration Reform & Other Toolkit Reform. PDF Correspondence


  1. Correspondence received August 12, 2010, from the New Jersey State League of Municipalities regarding 2010 League Conference Resolutions. PDF Correspondence


  1. Letter received August 12, 2010, from the New Jersey State League of Municipalities regarding 95 th Annual League Conference, November 16 th -20 th , 2010 in Atlantic City, New Jersey. PDF Correspondence


  1. E-mail received August 12, 2010, from the New Jersey State League of Municipalities regarding CEUs for the 95 th Annual League Conference and Support Our Troops. PDF Correspondence


  1. E-mail received August 16, 2010, from the New Jersey State League of Municipalities regarding 2010 League Conference Resolutions. PDF Correspondence


  1. E-mail received August 16, 2010, from the New Jersey State League of Municipalities regarding the Division of Pension and Benefits Announce Employer Training Opportunities. PDF Correspondence


  1. E-mail received August 17, 2010, from the New Jersey State League of Municipalities regarding Senate Budget and Appropriation Committee Takes Testimony on Civil Service Reforms. PDF Correspondence


  1. Registration information received August 18, 2010, from the New Jersey State League of Municipalities regarding management and Fiscal Strategies to Deal with the 2% Cap. PDF Correspondence


  1. E-mail received August 18, 2010, from the New Jersey State League of Municipalities regarding Three Upcoming League Seminars. PDF Correspondence




  1. E-mail received August 16, 2010, from the State of New Jersey, Department of Community Affairs regarding NJLM Seminar: “Moving Up in a Downturn”. PDF Correspondence




  1. Invitation received August 11, 2010, from Morris County League of Municipalities regarding the program Celebrating 30 years of Working Together. PDF Correspondence


  1. Letter received August 12, 2010, from the Morris County Park Commission regarding the 2010/11 White-Tailed Deer Management Program. PDF Correspondence


  1. E-mail received August 20, 2010, from the County of Morris regarding News from the County of Morris. PDF Correspondence




  1. Letter received August 9, 2010, from Jersey Central Power & Light regarding the Notice for Filing and Public Hearing for Jersey Central Power & Light Company's annual Universal Service Fund (USF) compliance filing. PDF Correspondence.


  1. E-mail received August 9, 2010, from PSE&G regarding NPS Proposed Alternative Routes for PSE&G's S-R Project. PDF Correspondence


President Tobey: We're up to Correspondence. We have 20 pieces of Correspondence listed. Does anyone wish to discuss any on Council? Seeing none, we have no Ordinances listed for this evening. We're up to Consent Resolutions. Does anyone on Council wish to move either of the four to Non-Consent? Seeing none, Mr. Walsh, would you please move Consent Resolutions three through six?








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.




•  Resolution of the Township Council of the Township of Mount Olive Authorizing the Mayor to Execute the Submission of a Drunk Driving Enforcement Fund Application. PDF Resolution


•  Resolution of the Township Council of the Township of Mount Olive Awarding a Contract to The Liberty Store for DPW & Dispatcher Uniforms and Accessories. PDF Resolution


•  Resolution of the Township Council of the Township of Mount Olive Authorizing the Renewal of Membership in the Morris County Municipal Joint Insurance Fund for 2011-2013. PDF Resolution


•  Resolution of the Township Council of the Township of Mount Olive Authorizing the Execution of a Developer's Agreement Based on Preliminary and Final Major Site Plan Approval Between the Township of Mount Olive and Costellation Energy Projects & Services Group, Inc. PDF Resolution


Mr. Walsh: I would like to move Consent Resolutions three through six please.


Mr. Perkins: Second.


President Tobey: Thank you, it's been moved and seconded. Does anyone from the public wish to be heard on either one of those Resolutions? Seeing none, any other Council Comments? Roll Call, please.






ROLL CALL – Passed Unanimously










President Tobey: We are up to Motions. We have three listed this evening. Mr. Mania, would you please move all three as presented? Excuse me; we have a third one to add which is a peddler's permit.


Mrs. Lashway: Peddler's permit, approval of a peddler's permit for Patrick Prebor for Mobile Food Vending, a food truck.


Mr. Roman: Is it all around Town or is it stationed in a particular spot?


Mrs. Lashway: No, it's mobil.


Mr. Perkins: He's got all the Health Department and Police and everything checked out?


Mrs. Lashway: Yes.


President Tobey: Okay thank you. Mr. Mania, would you please move…

•  Bill List. PDF Bill List

•  Approval of Raffle Application #2365 for the Rotary Club Mount Olive.

•  Approval of a Peddler's Permit for Patrick Prebor for Mobile Food Vending


Mr. Mania: I move the three Consent Resolutions. Motions, I'm sorry.


President Tobey: It's been moved. I'll second that thank you. Does anyone from the public have any questions regarding the Bill List? Seeing none, Roll Call please.


ROLL CALL – Passed Unanimously




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


Mayor Scapicchio: Just that the one Resolution for Constellation Power. That's for the solar panels for Benjamin Moore on Route 206.


Mr. Sohl: Also from Administration, as you recall Mr. Truppo was here and addressed the Council somewhat at length at the last meeting. As a result of that, we were asked and we did in fact hold yesterday, a meeting with Mr. Truppo. We went over his materials and you have copies of that in your in box as well as Catherine's excellent response and summary of the situation.


President Tobey: Okay, thank you very much Mr. Sohl. We're up to Old Business. Any Old Business, Mrs. Labow?




Mrs. Labow: Sort of Old Business, New Business. I don't know if you read a letter from the Senior Citizens that we received regarding the condition of the building in terms of it's been filthy and bathrooms and I guess I want to direct this to the Administration.


Mr. Sohl: It's already been directed here. We received it first and I spoke personally along with Frank Wilpert Sr., with Ray being Vice President, who apparently is Acting President while Daniel Amianda is in Africa. I explained to him and he fully agrees that we need to be notified directly in the future. The issues for the most part are cleared up. There was some temporary, obviously oversights that had taken place. Like to my knowledge…a clarifying note from Tim Quinn today, indicating that whatever supplies were needed have in fact been put there. The more important thing is, I've had this conversation with Jim, Mr. Amianda and now with Ray, to pick up the phone. Give us a call if there's something not getting done, don't wait until it festers and you wind up putting it in a letter in general form instead the specifics that we can address.


Mrs. Labow: Okay.


Mr. Sohl: And he agrees.


Mrs. Labow: Okay, I just wanted to make sure this was addressed and I just saw it before I left to come up here tonight.


Mr. Sohl: One other comment that's in the letter, I don't have any idea the Administration and the Mayor has no idea what renaming the building has… where that came from or what.


Mrs. Labow: It's the first I've heard of that also but as far as naming the meeting room for Marie, I think it's a good idea.


Mr. Sohl: That's fine, we have no objection.


Mr. Mania: I already addressed that at the meeting

President Tobey: Okay Mr. Sohl, thank you for taking a proactive approach upon receiving that letter.


Mr. Sohl: You're welcome.


President Tobey: Any other Old Business or New Business? Seeing none, any Legal Matters Dominic?


Mr. DiYanni: No, not this evening.








President Tobey: Okay, are there any Council reports this evening from anyone?


Senior Citizen Liaison


Mr. Mania: I would like to comment on that letter from the Seniors. I attended their meeting and shared with them that Marie Ruggiero was so instrumental in getting that senior building and what I would like to do is name that building, not the building but the meeting room after her. Hopefully I can get a plaque with her name on it and possible at one of the Senior Meetings, present it with a cup of coffee and a piece of cake.


Mr. Roman: What would be the opposition to naming the building other than money? Just curious… what would be the opposition to naming the building after her other than we don't have the money to do it?


Mayor Sapicchio: Well we don't do that normally Alex. When John approached the Administration about naming that meeting room she was instrumental in getting that building built , years and dedication to the Town, I thought it was a great idea that John came up with so…


Mr. Roman: I can understand, we have a precedent as to not naming things after people and that's understandable. The only reason I lean towards naming buildings and stuff after people is it kind of adds a little bit of history to the Town so that way, 30 or 40 years from now when somebody says, “why was it named the Ruggiero Senior Center?” It could be something other than the Mount Olive Senior Center… just a thought to put it out there.


President Tobey: Mrs. Labow?


Mrs. Labow: Alex I kind of agree with you more. When Earl Spino passed away he was instrumental in really starting Open Space. They wrote the Open Space ordinance on his kitchen table. Laura and Kathy and they really wanted to… as well as Paul Licitra wanted to name Drake Brook Park after Earl but a very good point was made that there was a lot of people in Town that had done a lot of things and when you start doing it… It's sort of like… but certainly we started to develop that they may name a field after him or part of the building after him so this way you can more parts of the whole thing after people who were instrumental. I asked the same thing you did. This way, years down the line when people say “well who's Earl Spino or who Marie Ruggiero” you know you can have a history to it but then I've been trying to find out who Dan Jordan was over at Flanders. I've been asking a lot of people and nobody knows who Dan Jordan was and I think we should start having plaques and some kind of history done so we know who these people are but that was the answer. We just don't have enough facilities to name after all the people who played instrumental roles in developing our Town.


President Tobey: I apologize if I didn't hear it. The seniors are certainly on board with…


Mr. Mania: Oh yes, very much so. They're very happy that we're going to do something like that… that counts.


President Tobey: Mr. Perkins?


Mr. Perkins: Thank you Mr. President. Thank you, I don't suppose there's a possibility you can get with Mr. Dorsey's office and have a Resolution put together in honor of Marie and then we can do a plaque.


Mr. Mania: Yeah, I've already taken care of that.


Mr. Perkins: You've already done it?


Mr. Mania: Yeah with Lisa and ahh…


President Tobey: Are there any other Council reports, Mrs. Labow?


Mrs. Labow: I have a report. It's sort of like, there's not really a definitive category. I should have really maybe brought it up under Old Business. I was invited as well as the Mayor down to Point Pleasant beach this past Wednesday for a meeting with the N.J.D.E.P. regarding TNR and basically we had a previous discussion here about that resolution that the Fish and Game had sent out and apparently what happened was the DEP was extremely upset because they didn't know anything about it. They called a special meeting down… like you said, Point Pleasant Beach Borough. I don't know if you remember Chris Tucker from Point Pleasant Beach? He came up here twice when we were having our meetings so I did go down there. There was about 35 or 40 people. Mayors from some Towns, Council people, Veterinarians, ACO's, basically the NJDEP kind of wanted to find out how TNR was working in communities, pros and cons. The guy from Fish and Wildlife, they kind of got some information too. NJDEP said that on no uncertain terms they are very much supportive of TNR and they're very pleased to see all the programs that we're running and working. They are looking to possibly, in the next few months, put together some sort of basic parameters. Like one of the Towns that were there represented… they have a bird sanctuary and in their Town, I think it's a 200 foot buffer where you couldn't have TNR. They had questions like, should it be limited to acreage or certain sizes? I said we have over 20 colonies in our Town and not one is anything like the other. We can't be that restrictive and everybody else agreed. I think what is going to come out of that meeting, from what I understand, they're going to start… to have some kind of parameters and endorse TNR based pretty much on the agreement that trap and kill was not reducing the population. TNR at least hopes to reduce the population, stop their growth and also having all their shots and having caring for the cats and that type of thing. We will wait and see what happens next. It could be a couple months, it could be sometime next year but it was a very successful, a very informative meeting that we had.


Recreation Liaison Report – none

Board of Health Report – none

Planning Board Report – none

Open Space Committee 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

Community Development Revenue Sharing – none




President Tobey: Okay, thank you. Any other Council Reports? Okay, seeing none we're up to the second Public Portion. Does anyone from the public wish to be heard? Good evening.


Scott Ireland, Eric Court: First up, is one of your correspondences, number three… apparently you got a resolution from Lincoln Park. They're in favor of tightening up the OPRA law. I would like to kind of get a sense of the Council and the Administration on, I guess there's a State legislative effort to tighten and restrict the OPRA law. Rather than endorse their resolution in support of that, I'd kind of like to see a resolution from our Council opposing any efforts to tighten up or restrict the OPRA laws. I would like to hear some thoughts on that issue.


President Tobey: Okay, Mr. Sohl, Mayor, do you want to begin with any comments on your end?


Mayor Scapicchio: There's not a resolution on the Council Agenda, endorsing that. This is a request from Lincoln Park.


Mr. Ireland: I believe I read it over. They sent you their resolution and I think they're trying to solicit County wide support for…


Mrs. Lashway: There's a resolution being circulated amongst all the Municipal Clerk's asking their municipalities to adopt a resolution. I have not proposed it.


Mr. Sohl: I would just add that, I don't believe anybody wants to restrict OPRA in the one sense. What I will say and I've had conversations with Lisa and certainly with other departments within the Administration. Many of the requests are pretty onerous in terms of impact on day to day operations, personnel, for which we do not adequately get reimbursed. That's just an observation.


Mr. Ireland: There's no… there will be no effort to endorse this legislation? Is that a fair statement or is that a statement that you can agree with?


Mr. Sohl: There will be no effort?


Mr. Ireland: To endorse this legislation to enact these restrictions.


Mr. Sohl: Lincoln Park is looking to restrict.


Mr. Ireland: Right, I think… Lisa is it State legislation that…


Mrs. Lashway: It's looking for reform, it's requesting reform of the State legislation.


Mr. Ireland: We will not be any part of that. Is that…


Mr. Sohl: That's up to the Council.


Mayor Scapicchio: It's up to the Council.


Mr. Roman: I mean I for one am not in favor of making it harder to get OPRA. I mean I understand some of the problems where people are abusing the system and it's definitely… that's a shame, that's what happens but I'm sure you know, in my opinion, I'm for as much information as possible. I personally think you should be able to look through the Township archives, you know? Go in there and pull out your information but that's my leaning.


Mr. Ireland: Council President?


Mr. Mania: I agree with Alex.


President Tobey: You know, I'm all for as much information being available as possible but quite frankly Mr. Ireland, I'm not prepared to say yea or nay. I'd rather look into it further and get some more feedback back from Mrs. Lashway.


Mr. Ireland: Okay.


President Tobey: Since she's the important person in terms of whom this impacts.


Mrs. Lashway: I'm going to add, Fred Semrau is well respected within the State as far as his knowledge of OPRA and I think he has also been involved in some of the ideas that are floating out there but it didn't come from him that he recommended that we adopt this Resolution.


Mr. Ireland: The second item I have, as you all know there's a considerable amount of interest in the Town over the water systems. I'm curious as to whether the Council or the Administration, think any sort of public forum is necessary before executing any action, be it a sale or lease or a service contract.


President Tobey: Well, from a legal perspective, I don't know…the sale would have to go to the voters. Is that correct?


Mr. DiYanni: Right, we went over this at the last meeting. There's a whole set of procedures in the State Statute if you're going to sell the public utility. You have to go out for bids first, go through the whole bid, advertisement for bids. Once we actually get the bids in, then you can pose the question to the voters if they want to sell the utility for the highest bid that was received.


Mr. Ireland: Is it an option or is it a requirement?


Mr. DiYanni: Which part?


Mr. Ireland: You said once you get the bids in “you could go to public vote.”


Mr. DiYanni: No, no, you have to, you have to, absolutely.


Mr. Sohl: For sale.


Mr. Ireland: For sale.


Mr. Perkins: Or lease.


Mr. Ireland: Okay.


Mr. Ireland: And for lease is…


Mr. Sohl: Same thing.


Mr. Ireland: Same thing.


Mr. Perkins: It's under N.J.S.A. 40:62-4.


Mr. Ireland: Council agrees with that?


President Tobey: Wait, I just want to clarify or confirm. Mr. Perkins, a lease or an O&M, you're saying…


Mr. Perkins: An O&M does not have to go out for public approval.


Mr. Sohl: In other words you contract somebody to provide the service.


Mr. Roman: Which is a little bit less than a lease?


Mr. Sohl: It's not a lease at all.


Mayor Scapicchio: It's completely different Alex.


Mr. Sohl: Completely different.


Mr. Perkins: It's almost like the EMS issue.


President Tobey: Mayor, I see your hand up. Do you want to comment?


Mayor Scapicchio: Ah no, it got answered.


President Tobey: Okay.


Mr. Ireland: Okay, so sale or lease you have to go to a vote. The other…


President Tobey: O&M.


Mr. Perkins: O&M is questionable after what happened with EMS.


Mr. Ireland : Okay, my last thing is…


Mayor Scapicchio: I don't see the correlation.


Mr. Perkins: Not my choice, Judge Bozonelis.


Mayor Scapicchio: Dominic, can you explain what he's talking about because I don't understand.


Mrs. Labow: Policy can go to I and R.


Mayor Scapicchio: What can?


Mrs. Labow: Policies, policy…


Mayor Scapicchio: But that's not what we're talking about.


Mr. Perkins: Sure, yeah we're talking about…


Mayor Scapicchio: Sure, I understand that, sure if there was…


Mr. DiYanni: That's the equation, is that it's a policy type decision. That's the arguments that were made with the EMS.


Mayor Scapicchio: Sure, that goes with anything.


Mr. Ireland: So that's correct?


Mayor Scapicchio: Yeah, I agree with that.


Mr. Ireland: Last thing I have is, is there anything going on with the SRO in the school? Is Council looking to get…?


President Tobey: It's my understanding that the SRO officer will be in the school until at least January. That is what the Chief had committed to.


Mr. Ireland: Okay.


President Tobey: But as of right now, it's still up in the air as to what's going to take place after that.


Mr. Ireland: Okay, thank you.

President Tobey: You're welcome. Yes sir…


Ned McDonnell, Budd Lake: This is in regard to the purposed restrictions on the OPRA law. The OPRA law is important to the citizens. It's been a long time in getting these kinds of things. I don't think that there should be any restrictions put on. I rather see them opened up even more and certainly there could be a way to work out the funding that's equitable to everybody. Mr. Tobey and the others on the Council, I think after reviewing and looking into this purposed ordinance, you come to a decision or a feeling and hopefully it will be to oppose any restrictions. I would ask that you stand up and be counted. Put it in writing; write back to Lincoln Park saying that you oppose this. Don't just be straddling the fence. If you feel that the restrictions are necessary, state it so the public at least knows where you stand. Too many politicians will ride the fence and you know… watch which way the wind blows but they never really come out and stand up for their beliefs. I think that this would be a good one. If Lincoln Park is concerned enough to go for this resolution, I think that if you so find out and you oppose it, I would ask that you put it in writing. Stand up for your feelings, thank you.






President Tobey: Does anyone else from the public wish to be heard? Seeing none, any closing Council Comments? Okay, none at this time. At this time I'll accept a motion to adjourn.


Mr. Mania: So moved.


President Tobey : I'll second that. All in favor?




President Tobey: All opposed?





Motion was made and seconded, all in favor and none opposed, the meeting was adjourned at 7:52pm.



Phil Tobey, 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 September 7, 2010.




Lisa Lashway, Township Clerk




2012 Mount Olive Township. All rights reserved.