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MOUNT OLIVE TOWNSHIP COUNCIL MINUTES
- JUNE 24, 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: Any questions on the Bill List? Seeing none,
we’ll move that. That takes us to the Approval of Minutes
of Previous Meetings. Mr. Greenbaum, would you move those, please?
APPROVAL OF MINUTES OF PREVIOUS MEETINGS
Mr. Greenbaum: I’ll move the Minutes of:
5/20/2008 WS & PM – All present
6/10/2008 CS – first one (all present)
6/10/2008 CS - second one (Mr. Perkins recused)
6/10/2008 WS & PM – All present
President Perkins: Thank you.
Mrs. Lashway: And the Workshop Minutes have been amended. Everybody
received an amended set of those Minutes today.
Mr. Greenbaum: Yes, the Minutes as amended.
President Perkins: Do I have a second, please?
Mr. Roman: Second.
President Perkins: Thank you. Council discussion, corrections?
Seeing none, Roll Call, Lisa?
ROLL CALL – Passed with the exception President Perkins
abstained from the June 10, 2008 Second Closed Session meeting
CORRESPONDENCE
LETTERS FROM RESIDENTS / ORGANIZATIONS
1. Information received June 9, 2008, from the Mount Olive Area
Chamber of Commerce regarding the June Business Meeting. PDF Correspondence
2. E-mail received June 17, 2008, from Donna Ward regarding treatment
of weeds at Budd Lake. PDF Correspondence
3. E-mail received June 17, 2008, from Mike DeCarlo regarding
the Rosewood Ditch. PDF Correspondence
4. Letter received June 18, 2008 from Ronald Kevitz regarding
a request for an easement from the Township. PDF Correspondence
RESOLUTIONS / ORDINANCES / CORRESPONDENCE OTHER TOWNS
5. Resolution received June 18, 2008, from the Township of Middletown
urging the Governor and State Legislators to oppose Affordable
Housing Bills A-500 and S-1783 as creating further property tax
increases. PDF Correspondence
6. Resolution received June 20, 2008, from the Township of Hanover
regarding resolution opposing the Third Round Affordable Housing
Rules Adopted by COAH. PDF Correspondence
MUA / MSA
7. Audit received June 9, 2008, from the Musconetcong Sewerage
Authority regarding the year 2007. PDF Correspondence
DOT / DEP / LOI / HIGHLANDS
8. Letter received June 9, 2008, from the State of New Jersey,
Department of Environmental Protection regarding the funds now
available thanks to the passage of the 2007 Open Space Referendum.
PDF Correspondence
9. Letter of Interpretation received June 9, 2008, from the State
of New Jersey, Department of Environmental Protection regarding
Applicant: David Koplowitz, BL 912J, LOT 15 (Township of Woodbridge,
Middlesex County) PDF Correspondence
10. Letter of Interpretation received June 9, 2008, from the State
of New Jersey, Department of Environmental Protection regarding
Applicant: Morris Mount Olive Associates BL 400 LOTS 1 & 2
and BL 500, LOTS 2 & 3. PDF Correspondence
11. Letter received June 11, 2008, from the State of New Jersey
Department of Environmental Protection, Solid and Hazardous Waste
Management Program, Bureau of Landfill & Hazardous Waste Permitting
regarding a Time Extension for Minor Landfill Disruption Approval
for the Combe Fill North Landfill. PDF Correspondence
12. Letter received June 13, 2008, from the State of New Jersey
Department of Environmental Protection, Division of Land Use Regulation
regarding an Extension of a Letter of Interpretation – Line
Verification for Mt. Olive Center Associates, Block 4100 Lots 80
and 84 (136 Summit Ave). PDF Correspondence
13. Letter received June 16, 2008, from Careaga Engineering, Inc.
regarding a legal notification of an application for permission
to repair a septic system for the Lum Property at 11 River Road.
PDF Correspondence
LEAGUE OF MUNICIPALITIES
14. E-mail received June 6, 2008, from the New Jersey State League
of Municipalities regarding Arbitration and Hotel Liquor License
Cost Reduction. PDF Correspondence
15. E-mail received June 6, 2008, from the New Jersey State League
of Municipalities regarding Affordable Housing, Permit Extension,
and the Mandatory Appointment of Qualified Purchasing Agent. PDF
Correspondence
16. E-mail received June 9, 2008, from the New Jersey State League
of Municipalities regarding Security Bonds on Landlords and Federal
Update for Period Ending June 6, 2008. PDF Correspondence
17. E-mail received June 10, 2008, from the New Jersey State League
of Municipalities regarding Urgent Legislative Alert: Affordable
Housing/A-500 – S1783, State Budget Crunch Time, COAH Challenge,
Pledges. PDF Correspondence
18. E-mail received June 11, 2008, from the New Jersey State League
of Municipalities regarding A-1645 / S-770 – Mandatory Appointment
of Qualified Purchasing Agent, and SCS for S-241/394/1098 and 710 – Property
Tax Exemption for Renewal Energy Systems. PDF Correspondence
19. E-mail received June 13, 2008, from the New Jersey State League
of Municipalities regarding Urgent Action Needed – Assembly
Set to move on Bills on Monday and Two Issues: Permit Extension
Act and Pension Reform. PDF Correspondence
20. E-mail received June 16, 2008, from the New Jersey State League
of Municipalities regarding Important New Information from the
Division of Local Government Services and Understanding and Implementing
the New Jersey School Funding Formula. PDF Correspondence
21. E-mail received June 17, 2008, from the New Jersey State League
of Municipalities regarding A-2731 Permits Greater Local Traffic
Regulation, Permit Extension A-2867/S-1919, Surcharge for Private
Collection of Property Taxes, Hotel Liquor License Bill, A-500
Passed Assembly: Senate Vote on Monday, and 2008 Selected Municipal
License Fees Available Now! PDF Correspondence
22. Letter received June 18, 2008, from the New Jersey State League
of Municipalities regarding the 11th Annual Elected Officials Hall
of Fame. PDF Correspondence
23. E-mail received June 18, 2008, from the New Jersey State League
of Municipalities regarding State Budget Nears Completion. PDF
Correspondence
24. E-mail received June 19, 2008, from the New Jersey State League
of Municipalities regarding Court Holds Contract Specifications
Cannot Require Health Plan or Apprenticeship Program. PDF Correspondence
25. E-mail received June 20, 2008, from the New Jersey State League
of Municipalities regarding Job Line Rate Change Effective August
1st. PDF Correspondence
UTIITIES
26. Letter received June 12, 2008, from Comcast regarding Channel
Changes. PDF Correspondence
27. Letter received June 16, 2008, from Comcast regarding a New
Billing Option. PDF Correspondence
LETTERS FROM LEGISLATIVE REPRESENTATIVES
28. E-mail received June 6, 2008, from Congressman Frelinghuysen
regarding oil price investigation, opposition of biggest tax increase
in history, funding troops, modernizing the GI Bill, and the Protect
America Act. PDF Correspondence
29. Letter received June 11, 2008, from Senator Steven V. Oroho,
Assemblywoman Alison Littell McHose, and Assemblyman Gary R. Chiusano
regarding their intended vote against legislative bill A-500. PDF
Correspondence
30. E-mail received June 13, 2008 from Congressman Frelinghuysen
regarding Frelinghuysen supports Amtrak, Honoring Picatinny’s
Innovations, Visits Area Schools, Speaks at Relay for Life, and
Charter Schools Threatened. PDF Correspondence
President Perkins: That takes us to Correspondence of which we
have 30 pieces of Correspondence. Does any Council member wish
to address any? Mr. Greenbaum?
Mr. Greenbaum: John, I saw that there is a letter from Ronald
Kevitz, number four, with regard to an easement for a gas line
that’s to run from Crenshaw Drive through the emergency right
of way. I believe that Mr. Greenbaum (cont’d): that is actually
being constructed, or deconstructed by St. Elizabeth’s Church
as well for the sewer line. I’m wondering, number one, if
they’re going to do any type of destructive asphalt work
to actually put in the line and what the responsibility is. Number
two, whether or not they actually need an easement from the Flanders
Crossing Homeowner’s Association to run the gas line that’s
proposed. I know that St. Elizabeth’s needed such an agreement
because I guess that emergency access road is actually property
owned by the Association.
Mr. Dorsey: Well, you would know better than I. I think that you
are saying that they are crossing Flanders Crossing property…
Mr. Greenbaum: I believe they are.
Mr. Dorsey: …and if they are then clearly they need an easement
from the Flanders Homeowner’s Association.
Mr. Greenbaum: I believe that the Township needs to send them
a letter.
Mr. Dorsey: Mr. Sohl has his hand up.
President Perkins: Mr. Sohl?
Mr. Sohl: Yes, the documentation we had didn’t indicate
Flanders Crossing as an owner. It was just addressed to us. Tim
and I were going to review it tomorrow. So it’s fine.
Mr. Greenbaum: Well if it’s going from Crenshaw Drive through
the emergency access, which is exactly what St. Elizabeth’s
did…
Mr. Sohl: I could show you right after the meeting what the map
reflects.
Mr. Greenbaum: All I can tell you is that it’s my understanding
that that right of way which is cleared by the Association and
not by the Township is Flanders Crossing property.
Mr. Sohl: We’ll make sure whatever the route is, if it touches
on Flanders Crossing we’ll engage you guys.
Mr. Greenbaum: Okay.
President Perkins: Well they would have to provide a metes and
bounds description, wouldn’t they, Rob?
Mr. Greenbaum: I don’t know.
Mr. Sohl: Right now it’s pretty, it’s not metes and
bounds specific. It’s a tax penalty. Normally they do this
with just a tax map.
President Perkins: This is still in the preliminary, I guess?
Mr. Sohl: We will research it further.
Mr. Greenbaum: Thank you.
President Perkins: Right, thank you, Bill. Any other, Mr. Rattner?
Mr. Rattner: Yes, on that I knew that was coming. I didn’t
realize that quickly. I sent something to the Administration which
I think you were all copied on saying that if we’re going
to put, gas, if it’s possible to put gas lines, let’s
see about servicing the area at least up to the River because I
think that’s something we can do for the residents down there.
The Business Administrator did get right back to me and said they
would look at that as part of the project and I think that’s
something well worth instead of just doing it piecemeal, looking
at trying to do it for the rest of the people or as many people
as we could.
Mr. Sohl: And in fact I think we got the documentation from Mr.
Kevitz a day or two after we spoke.
Mr. Rattner: I know.
Mr. Dorsey: Interestingly enough, the easement in the letter from
Kevitz says, they indicate that they would be happy to accommodate
me, that’s the homeowner, to get gas. They indicate that
they would be happy to accommodate me. However, they would need
an easement from the Township. So apparently they think that there’s
one necessary. I mean, I don’t know without looking to see
whether there’s a filed map which permits utilities to use
that easement.
Mr. Greenbaum: Maybe.
Mr. Dorsey: It could be. I haven’t searched the plan.
Mr. Sohl: I’ve just marked up a tax map.
President Perkins: I would say it’s got a little ways to
go yet, Bill.
Mr. Sohl: Sounds like it. Not a problem.
ORDINANCES FOR PUBLIC HEARING
President Perkins: Alright, that moves us on to, any other questions
or comments on the Correspondence? Seeing none, we’ll move
on. That takes us to Ordinances for Public Hearing. I open the
hearing to the public on Ord. #31-2008, entitled:
Ord. #31-2008 Ordinance to Exceed the Municipal Budget Cost of
Living Allowance and to Establish a CAP Bank (N.J.S.A. 40A-4-45.14)
President Perkins: Mr. Tepper.
Mr. Tepper: Yes, Mr. President, I move for approval and adoption
of Ord. #31-2008.
Mrs. Labow: Second.
President Perkins: Anyone from the public wish to be heard on
that ordinance? Seeing none, I close it to the public. Council
discussion? Seeing none, Roll Call.
ROLL CALL – Passed Unanimously
President Perkins: Ord. #31-2008 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 #32-2008, 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.
President Perkins: Anyone from the public wish to be heard on
that ordinance? Seeing none, I close it to the public. Mr. Roman.
Mr. Roman: Thank you, Mr. President. I move for adoption and final
passage of Ord. #32-2008.
Mrs. Labow: Second.
President Perkins: We are going to try to continue that.
Mrs. Lashway: I was at a seminar last week with Sherry and Bill
and I did question the attorney giving the seminar who is the in-house
counsel for the Government Records Council. I explained to her
what was going on with this and the lawsuit and Mr. Jara and the
discussion I had had with someone at the Government Records Council.
She said that the information that was given to me from her office
was contrary to the way they act. Mrs. Lashway (cont’d):
So she was going to look into it and get back to me. So I ask that
you hold this until we get a legal opinion from the attorney for
the Government Records Council. So I’d rather not reduce
the fees if we don’t have to.
Mr. Dorsey: Alright, well then shall we just adjourn it for two
weeks? Let’s adjourn it.
Mr. Rattner: I’ll make a motion to continue the public hearing
to July 8th.
Mrs. Labow: Second.
President Perkins: Any discussion? Roll Call, please?
ROLL CALL – Passed Unanimously
President Perkins: I open the hearing to the public on ordinance
#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”
President Perkins: Does anyone from the public wish to be heard
on that ordinance? Seeing none, I close it to the public. Mrs.
Labow, would you move that, please?
Mrs. Labow: Yes, thank you, Mr. President. I’d like to move
for adoption and final passage of Ord. #33-2008.
President Perkins: Can I have a second, please?
Mr. Roman: Second.
President Perkins: Thank you. Council discussion? Roll Call.
ROLL CALL – Passed Unanimously
President Perkins: Ord. #33-2008 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 #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.
President Perkins: Anyone from the public wish to be heard on
that ordinance? Seeing none, I close it to the public and ask Mr.
Rattner to move that, please.
Mr. Rattner: Thank you, Mr. President. I move for adoption and
final passage of Ord. #34-2008.
Mr. Tobey: Second.
President Perkins: Second, thank you. Council discussion? Roll
Call, please.
ROLL CALL – Passed Unanimously
ORDINANCES FOR FIRST READING (2nd reading July 8, 2008)
President Perkins: Ord. #34-2008 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
for July 8th, 2008. That takes us to Ord. #36-2008, entitled:
Ord. #36-2008 An Ordinance of the Township Council of the Township
of Mount Olive Authorizing the Acquisition of Lots 51 and 52, Block2700
and Lot 1, Block 3204 (The Boat House).
President Perkins: Mr. Tobey, would you move that, please?
Mr. Tobey: Yes, I move that Ord. #36-2008 be introduced be introduced
by title and passed on first reading and that a meeting be held
on July 8th, 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.
President Perkins: Do I have a second?
Mr. Roman: Second.
President Perkins: Second, thank you. Council discussion? Seeing
none, Roll Call, please.
ROLL CALL – Defeated with Mr. Greenbaum, Mr. Tepper, Mr.
Roman, and President Perkins voting no. Mrs. Labow, Mr. Rattner,
Mr. Tobey voted yes.
President Perkins: The next item on the Agenda for First Reading
is Ordinance #37-2008, entitled:
Ord. #37-2008 Ordinance Amending Section 3(j) of Bond Ordinance
#27-2005, as Amended by Bond Ordinances #31-2006 and #51-2007 of
the Township of Mount Olive, in the County of Morris, New Jersey,
Finally Adopted August 9, 2005, as Amended November 21, 2006 and
December 18, 2007 in Order to Amend the Description of the Project.
President Perkins: Mr. Greenbaum, could you move that, please?
Mr. Greenbaum: I move that Ord. #37-2008 be introduced be introduced
by title and passed on first reading and that a meeting be held
on July 8th, 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.
President Perkins: Second?
Mr. Rattner: Second.
President Perkins: Thank you. Council discussion? Seeing none,
Roll Call, please?
ROLL CALL – Passed Unanimously
President Perkins: The next item on the Agenda for First Reading
is Ordinance #38-2008, entitled:
Ord. #38-2008 An Ordinance of the Township of Mount Olive to Amend
and Supplement Chapter 178 Entitled “Peace and Good Order,” Section
178-4 and Section 178-19 of the Code of the Township of Mount Olive.
President Perkins: Mr. Tepper, would you move that, please?
Mr. Tepper: Yes, Mr. President. I move that Ord. #38-2008 be introduced
by title and passed on first reading and that a meeting be held
on July 8th, 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 said ordinance in accordance
with the requirements of law.
President Perkins: Do I have a second?
Mrs. Labow: Second.
President Perkins: Thank you. Council discussion? Seeing none,
Roll Call.
ROLL CALL – Passed Unanimously
President Perkins: The next item on the Agenda for First Reading
is Ord. #39-2008, entitled:
Ord. #39-2008 An Ordinance to Amend Chapter 400 (Land Use Ordinance)
of the Ordinances of the Township of Mt. Olive to Amend the Official
Zoning Map.
President Perkins: Mr. Roman, would you move that, please?
Mr. Roman: Yes, Mr. President. I move that Ord. #39-2008 be introduced
by title and passed on first reading and that a meeting be held
on July 8th, 2008 at 7:30 p.m. at the Municipal Building…
Mrs. Labow: Second.
President Perkins: Hold on.
Mr. Roman: 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 said ordinance in accordance with the requirements of
law.
President Perkins: Now, thank you.
Mrs. Labow: Second.
Mr. Greenbaum: I hope, Colleen, that you do other things in your
life with more patience.
Mrs. Labow: Patience, yes, I try except when I talk to you.
President Perkins: Like if you’re checking us out, you know,
on the cash register that is.
Mrs. Labow: He paused for a second. I thought he was done.
Mr. Tepper: He was trying to read it.
Mr. Roman: A dramatic pause.
Mrs. Labow: Oh, it was a dramatic pause.
President Perkins: Council discussion on that ordinance? Seeing
none, Call the Roll, please.
ROLL CALL - Passed Unanimously
President Perkins: The next item on the Agenda for First Reading
is Ord. #40-2008, entitled:
Ord. #40-2008 Bond Ordinance Providing for Various Water Utility
Improvements of the Township of Mount Olive, in the County of Morris,
New Jersey, Appropriating the Aggregate Amount of $365,000 Therefor
and Authorizing the Issuance of $346,750 Bonds or Notes of the
Township to Finance Part of the Cost Thereof.
President Perkins: Mrs. Labow, would you move that?
Mrs. Labow: Yes.
Mr. Greenbaum: Second.
Mrs. Labow: I was waiting for that. I was going to do a dramatic
pause.
President Perkins: You’d have to pay to see this in other
places.
Mrs. Labow: Thank you, Mr. President. Let’s see. I move
that Ord. #40-2008 be introduced by title and passed on first reading
and that a meeting be held on July 8th, 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. Greenbaum: Second.
President Perkins: Council discussion? Seeing none, Roll Call,
please.
ROLL CALL – Passed Unanimously
CONSENT RESOLUTIONS AGENDA:
Resolutions on the Consent Agenda List are considered to be routine
and non-controversial by the Township Council and will be approved
by one motion (one vote). There will be no separate discussion
or debate on each of these resolutions except for the possibility
of brief clarifying statements that may be offered. If one or more
Council member requests, any individual resolution on the Consent
Agenda may be removed from the Consent Agenda List and acted on
separately.
CONSENT RESOLUTIONS
1. Resolution of the Township of Mount Olive for Determining Positions
Eligible for the Defined
Contribution Retirement Program. PDF Resolution
2. Resolution of the Township Council of the Township of Mount
Olive Authorizing the Retention of Appraisal Consultants Corp.
in Connection with Tax Appeals. PDF Resolution
3. Resolution of the Township Council of the Township of Mount
Olive Authorizing the Renewal of Alcoholic Beverage Licenses for
the 2008-2009 Licensing Period. PDF Resolution
4. Resolution of the Township Council of the Township of Mount
Olive Amending the 2008 Temporary Budget for the Current Fund and
Water Utility. PDF Resolution
5. Resolution of the Township Council of the Township of Mount
Olive Authorizing the Cancellation of Sewer Billing for Block 4100
Lot 60, Sub 2. PDF Resolution
6. Resolution of the Township Council of the Township of Mount
Olive Awarding a Contract to OCS Printing for Printing Services
for 2008-2008 (Revised). PDF Resolution
President Perkins: Mr. Tepper?
Mr. Tepper: I’d like to remove item #1.
Mrs. Labow: Are we taking #2 off?
President Perkins: Excuse me?
Mr. Dorsey: Why are you taking #2 off?
Mr. Rattner: Because we’re adding the extra line.
Mr. Dorsey: You don’t have to take it off.
Mrs. Labow: Yes, 2 is amended.
Mr. Tobey: As amended.
President Perkins: Just put it as amended.
Mr. Rattner: Okay.
Mrs. Labow: It’s already amended, okay.
Mr. Rattner: Well, we didn’t amend it because it wasn’t
at a public meeting.
Mr. Dorsey: Doesn’t matter.
Mr. Rattner: And #5 we’re taking off.
President Perkins: Right, that’s off, off.
Mr. Dorsey: That’s the one we have to do research on.
President Perkins: Any other Council member wish anything else?
Ms. Jenkins: I got it.
President Perkins: Mr. Rattner, would you then move for Consent
Resolutions 2 through 4 and 6.
Mr. Rattner: I just want to restate that we put that “not
to exceed” on Resolution #2 “as not to exceed $10,000.” I
now move Resolutions 2, no 3…
Mr. Tepper: 2, 3, 4…
Mr. Rattner: 2, 3, 4 and 6.
President Perkins: Thank you and do I have a second?
Mrs. Labow: Second.
President Perkins: Council discussion? Seeing none, Roll Call.
ROLL CALL – Passed Unanimously
PUBLIC PORTION ON CONSENT RESOLUTIONS
President Perkins: Anyone from the public have any questions on
Consent Resolutions numbers 2, 3, 4, and 6? Okay, Mr. Tepper, I
think you moved #1 to go off for Non Consent. Would you move that
please?
COUNCIL COMMENTS ON CONSENT RESOLUTIONS
RESOLUTIONS NON CONSENT
Mr. Tepper: Can we have some discussion on it before or do I have
to move it first?
President Perkins: You have to move it to bring it forward.
Mr. Tepper: I will move Non Consent Resolution #1.
1. Resolution of the Township of Mount Olive for Determining Positions
Eligible for the Defined
Contribution Retirement Program.
Mrs. Labow: Second.
President Perkins: Okay, thank you. Now, Mr. Tepper.
Mr. Tepper: I’d like to understand why we’re doing
this and what the need is for it. As the Business Administrator
is currently covered and the Municipal Court Judge is certainly
empowered to invest his funds in Mr. Tepper (cont’d): a retirement
account, so I don’t understand why we’re creating this
particular resolution or need to create a defined contribution
account. Are we moving the Business Administrator to that program?
Mr. Sohl: No. I think I can explain it. This resolution was required
by the State. There is in fact one DCRP participant already and
I believe that’s Alex.
Mr. Tepper: Who?
Mr. Sohl: Alex Roman. People that are already in what they call
the PERS system don’t have to leave it, but there will be
a point in time in the future when a future Business Administrator
will not have that option.
Ms. Jenkins: Basically the State sent…
Mr. Sohl: And the Judge, same thing. The Judge, if he’s
in it already will stay in.
Ms. Jenkins: The State sent us the model ordinance and said we
had to adopt it by July 1st. I reviewed the different positions
that could be with them. It is their ordinance. Other than the
fact than, you know, we had to go through the positions obviously.
We’re doing it because we have to. They’re requiring
that it be done.
Mr. Rattner: That’s in the second “whereas” saying
that we’re required by the State to basically memorialize
what we’ve already been doing.
Ms. Jenkins: We are. We have to do this and we also have to send
a transmittal letter with it.
Mr. Tepper: So we don’t have to move those people to that.
Ms. Jenkins: No, anybody who was here before July 1st of 2007,
Russ, can remain in the Public Employees Retirement System. This
is for anybody hired after that and as it says there’s certain
positions that are exempt. There’s a list of those. So we’re
doing it because we’re required to.
Mr. Tepper: Thank you.
President Perkins: Any other questions on that? Roll Call, please?
Mrs. Lashway: Mr. Greenbaum?
Mr. Greenbaum: Ray, I think you have to open it up the public
before we vote.
President Perkins: Oh, I’m sorry. Thank you, Mr. Greenbaum.
Anyone from the public wish to discuss Non Consent Resolution #1?
Seeing none, I close it to the public. Now, Mr. Greenbaum, thank
you.
ROLL CALL – Passed Unanimously
PUBLIC PORTION ON INDIVIDUAL RESOLUTIONS - none
COUNCIL COMMENTS ON INDIVIDUAL RESOLUTIONS - none
MOTIONS
President Perkins: That takes us to Motions. Mr. Tobey, would
you move the first Motion, please?
Mr. Tobey: I move Motion #1 as presented.
1. Approval of Raffle Application #2254 & #2255 for St. James
Episcopal Church and RA#2256 for the Mt. Olive Baseball Softball
Assn.
Mr. Roman: Second.
President Perkins: Thank you. Discussion? Roll Call.
ROLL CALL – Passed Unanimously
President Perkins: Mr. Greenbaum, would you move the Bill List
for us, please?
Mr. Greenbaum: I move the Bill List.
2. Bill List.
Mr. Tepper: Second.
President Perkins: Thank you. Discussions or questions? Seeing
none, Roll Call.
ROLL CALL - Passed with the exception Mrs. Labow voted no
ADMINISTRATIVE MATTERS
President Perkins: That takes us to Administrative Matters. Mr.
Sohl?
Mr. Sohl: Nothing right now.
President Perkins: Nothing. Mr. Mayor?
Mr. Sohl: Oh, wait a minute the Mayor has something.
Mayor Scapicchio: Yes, I mean, if anybody thinks the State is
in a sorry shape I can add to that. It’s been brought to
my attention that there are three commercial businesses in the
Trade Zone that have approvals to build that can’t build
because there’s a water moratorium that DEP put on. New Jersey
American has the water franchise for that area. These businesses
are not allowed to tie into that water system that goes past the
properties that they’re looking to develop. It does not seem
to make sense to me. We’re losing some valuable ratables.
The State is losing some tax revenue and my understanding is that
the application has been at the State level for two years now,
water allocation. I spoke with Gene Buczynski today. He was going
to make some calls down to the State to find out exactly where
in the process the application is and see if we can sort of help
move that along but again, it’s in what they call an employment
center. We’re not cutting down any more trees. We’re
not putting in any more roads but yet we can’t tie in to
a public water system. It doesn’t seem to make any sense
whatsoever.
President Perkins: Thank you, Mayor, well, not thank you but… Any
other questions or comments on that? Seeing none, that takes us
to Old Business. Any Old Business to discuss?
OLD BUSINESS
Mrs. Labow: I have a question.
President Perkins: Go, Mrs. Labow.
Mrs. Labow: I’d like to know what’s up with the Boathouse
now since it didn’t go through.
Mr. Dorsey: It’s dead.
Mrs. Labow: It’s totally dead and I don’t understand
why the Council overall voted against it. A lot of work and effort
was put into this and this is a piece of property that I strongly
believe we should own. I don’t know if anybody wants to explain
why?
President Perkins: I think everybody has their individual reasons
why they voted the way they did? The issue is now dead.
Mr. Dorsey: It’s not really appropriate to try and cross
examine each Councilmember.
Mrs. Labow: Is there something that we’re missing or just
personal preferences? I mean, we got the contract and…
Mr. Tepper: I think you should identify it as a Workshop issue
if you want to bring it up, but we’ve discussed it over and
over and numerous times. I think people have expressed their positions.
President Perkins: Mr. Greenbaum?
Mr. Greenbaum: I’m more than happy to tell you why I voted
no. It’s a piece of property that the Administration has
indicated if we purchase we’re going to take down the building.
I have no interest in purchasing a piece of property, taking it
off of the tax rolls and spending money to take down the building.
That’s why I voted no.
Mr. Tepper: Keep it on the tax rolls.
President Perkins: Alright, thank you, Mr. Dorsey. Alright, any
other Old Business? New Business? Mr. Roman?
NEW BUSINESS
Mr. Roman: I just want to keep the Administration abreast that
the last few months I’ve been looking into the Fleet Maintenance
for not only the Township but for the Board of Education. Getting
information from the Board of Education has not been as quick as
I’d like but I just want to at least make the Administration
and the rest of the Council members aware that I am looking into
it. I don’t have anything of interest to report yet other
than it’s extremely interesting what it costs us to maintain
our vehicles. I’m hoping that the information I requested
from the Board of Education will be coming soon forthwith now that
the School year has ended.
Mr. Sohl: Has there been any problem on our side?
Mr. Roman: No, definitely the Administration has been extremely
cooperative.
Mr. Tepper: File an OPRA request.
Mr. Roman: I was waiting for the ordinance to pass so it wouldn’t
cost me as much.
President Perkins: Mrs. Labow?
Mrs. Labow: For the Board of Education, you know Steve Sluka retiring
and then Mr. Scerbo coming on I believe August 10th. So they’re
in a transitional period right now so that might be where some
of the hold up is. I don’t know. Now that School’s
ended things should be…
Mr. Roman: That’s what I’m hoping now that School’s
ended, that the various documents I’ve requested will be
coming.
President Perkins: Alright, anything else? Legal Matters… Oh,
Mr. Rattner.
Mr. Rattner: I’ll do it under Comments.
LEGAL MATTERS
President Perkins: Any Legal Matters, Mr. Dorsey?
Mr. Dorsey: No.
COUNCIL REPORTS
Recreation Liaison Report
Mr. Roman: We meet July 9th.
Board of Health Report
Mrs. Labow: We actually did not meet last week and we do not have
a meeting in July. The next meeting is August but I do have a preliminary
report. We have begun our census for our dog licenses which is
mandated by the State. We have to finish it up mid-August. I think
we have five employees out there doing the door to door canvassing
and it’s going quite well. The other thing we have found
this year more so than any other year, we’re really not sure
why this is happening. We have an exorbitant amount of stray cats
that we’ve been picking up which Sherry can probably understand
that it’s creating quite an issue because we have to board
them at Golub. We have to pay for the boarding. Most of them have
been euthanized. A lot of them are feral cats. They’re not
available to be adopted and I think we’re up to something
like 40 cats all total for this year. It is quite a bit of money.
One of the issues we did find is that there are some people who
just decide to feed stray cats and eventually the neighbors start
to gather more and more cats. It’s becoming quite an issue.
People have to understand if you’re going to feed the cats
and they start bringing them around it does create a situation
that we then have to go and address. Otherwise everything else
is going well. We have Debbie Potter who has now moved over into
the Health Department and things are going well.
President Perkins: I can say that when I was liaison to the Board
of Health as you are the Chair, I noticed alarmingly over each
and every year that there were more and more cats showing on the
list. Ironically enough Channel 12 had some interview yesterday
with a national ASPCA and with the state of the economy more and
more people are tossing cats. You know dogs too, but a lot of cats
are getting tossed.
Mrs. Labow: Yes, it’s mostly cats and there are more cats
that are actually being infected with rabies. It is an issue so
kind of put aware out there…feeding cats, it’s an issue.
President Perkins: Mr. Greenbaum, the dog man.
Mr. Greenbaum: Yes, I have a question for Colleen. I have a friend
who just got a new puppy.
Mrs. Labow: You have a friend?
Mr. Greenbaum: Yes.
Mrs. Labow: Just the one, right?
Mr. Rattner: The puppy.
Mrs. Labow: Oh, it’s the puppy.
Mr. Greenbaum: When does my friend have to get his dog licensed?
Is it within 6 months?
Mrs. Labow: I think it was the first year like January…
Mrs. Lashway: Six months, they can’t get a rabies shot until
they’re six months.
Mr. Greenbaum: So six months, okay. I’ll tell my friend.
Mr. Tobey: Is your friend’s name Rob?
Mr. Tepper: It’s Haley.
Mrs. Labow: Did you get a dog? Haley got a dog?
President Perkins: Planning Board report, Mr. Tepper?
Planning Board Report
Mr. Tepper: Relatively quiet meeting. There were only two development
matters. Rezamir was granted its third and final extension as mandated
by law, and there is an existing piece of property in the Trade
Zone that’s use is going to be changed from single occupant
to multiple occupants. There was a lot of discussion on the dock
ordinance that was proposed. Evidently the Lake group is upset
with some of the changes proposed and had written a letter. I believe
some correspondence was just provided to the Council on that.
Board of Adjustment Liaison Report
Mr. Roman: Nothing of note to report.
Open Space Committee Report
Mrs. Labow: We meet the week after next.
Legislative Committee Report
Mr. Rattner: Nothing to report.
Pride Committee Liaison Report
Mrs. Labow: We meet tomorrow.
Board of Education Liaison Report
Mr. Tobey: The Superintendent search or process is in I guess
you can say full motion. Simply put, as information is available
I’ll keep everyone informed. Other than that nothing else
to report.
Mr. Rattner: Mr. Tobey, I have a question. Was the new contract
presented? There was some discussion that they had finalized negotiations
and that the amount of the raise was somewhat higher than what
everyone had anticipated and I’m wondering was that voted
on.
Mr. Tobey: You know what? I don’t have the answer to that
but I’ll get it.
President Perkins: Mr. Roman?
Mr. Roman: Also, are you aware of any other public meeting for
the Superintendent search like they did on the 11th?
Mr. Tobey: There was a meeting last night with some feedback but
the schedule is, I don’t know what the dates are for that,
for the next meeting, Board of Education meeting. I’ll send
you an e-mail.
President Perkins: Mr. Greenbaum?
Mr. Greenbaum: I can say that I was at the High School graduation
this year along with several other Council members and what a joy
it was that it was outside. It was a beautiful evening and it was
very much enjoyable as compared to previous years where it was
unbearably hot. It was quick and very, very nice. Congratulations
to Colleen and to Alex on the graduation of their children.
Mrs. Labow: Thank you.
Mr. Roman: I’d like to say one down and three to go.
Mrs. Labow: I’m on the last. That was my last one. I’m
done.
Lake/Environment Issues Committee
Mr. Rattner: I don’t have anything to report but I do want
to say that everybody appreciates the flow of information from
the Administration on the weeding project. So we’ve been
kept updated on that on a real time basis. That’s appreciated.
Safety Committee Liaison
Mr. Greenbaum: Nothing to report.
Finance Committee Report
Mr. Rattner: Nothing to report.
Economic Development Committee Report
Mr. Rattner: Last meeting the Mayor mentioned that he was going
to be meeting with the Committee with Benjamin Moore because we
heard some chatter that they may be thinking about moving out.
We went down with the Planning Department, with the Chairman of
the Economic Development Committee and the feedback that I got
was that it was a very productive meeting. Benjamin Moore was very,
very appreciative that the Town wants them to stay and would do
what it could in trying to give them different ideas about what
they can do. One surprising fact was, and I don’t think many
people realize, I was told that they have approximately 250 employees
there. I mean, that’s a big operation. So hopefully, I don’t
know how serious they were about moving out but they are considering
what they can do to expand. Mayor, you were there so you can probably
talk about it better than I can.
Mayor Scapicchio: You know, I can tell you that’s the first
time I’ve been in that facility and when you go down 206
and you see the sign, all you see is this long narrow driveway.
When you go in there it’s really a wildlife habitat sanctuary
that is surrounded by this commercial development. It’s the
best of the both sides of the world, best of commercial development
and the best of protecting our land. Benjamin Moore was very appreciative
that we reached out and that we showed some concern and a willingness
to help them in any way to expand. Catherine Natafalusy was there.
She did have some suggestions. They don’t necessarily need
to increase the footprint. They could certainly go up. They didn’t
realize that and we’ll continue that open dialogue as we
will with other businesses in the community. That idea was actually
given to me by the Morris County Economic Development Committee
who made the suggestion to Bill and I over a year ago, that it’s
a good idea for the Mayor to reach out to some of these large businesses,
you know, on a quarterly or yearly basis to let them know that
we know they’re here and we’re here if they need our
help. We’ve been trying to do that.
President Perkins: It’s always refreshing to see a Mayor
and Administration that’s proactive to the Township. It’s
been a while. Thank you, Mayor.
Solid Waste Advisory Committee Report
Mrs. Labow: No meetings until September.
Library Board Liaison
Mr. Tepper: Nothing to report.
PUBLIC PORTION
President Perkins: That takes us to our second public portion.
Does anyone from the public wish to be heard on any item? Seeing
none, I 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: First off I’d just like to thank all the effort
that the Administration has done regarding the Boathouse issue
and not that the efforts are not appreciated, but at this point
in time I could not vote for it.
President Perkins: That it?
Mr. Roman: Yes.
President Perkins: Thank you. Mrs. Labow?
Mrs. Labow: Nothing.
President Perkins: Mr. Rattner?
Mr. Rattner: A week ago Monday the Assembly passed a revised,
major revision to the COAH Third Round regulations. The Senate
was supposed to vote on their version yesterday. What I was told
happened was that the Senate took the Assembly bill and just renumbered
it and there is a number of major changes. I’m not sure what
they all need and maybe we’re going to have to have our Planner
or somebody tell us what it, you know, how it’s going to
affect us. One of the things is they are eliminating or forbidding
non residential builders to build or be required to build affordable
housing. That’s being replaced by a 2.5% fee on all non-residential
development. The bill is so vague I can’t, nobody can figure
out whether the State is going to get the money and we’re
still going to have to build the units, or what is going to happen.
They’re also eliminating the RCA’s which is the Regional,
basically the transfer into the urban centers. There’s been
some stuff in the newspapers saying it’s going to hurt the
cities. Also, some of the things in there, there was no consistency
with, there’s a big conflict between the water quality management
rules that are coming in, but one of the more interesting parts
is that the Regional Planning Council’s, that’s the
Highlands Council, will have some affect and actually change and
modify the requirements on individual towns based on economic feasibility.
Now you try figuring out what that is especially when you’re
in an area that doesn’t have much place to build. They say
if the economic realities don’t fit that, they have the right
to change it. At the same time, too, they’re talking about
the non poor area, it’s in the Highlands, can be or may be
I’m not sure exactly how it’s going to work, forced
to take on more of the COAH requirements and if you’re in
the preservation zone you will get relief. Again, the Assembly
bill was passed last week. I’m not sure what’s going
to happen now because I don’t know if the legislature is
out for the summer. I heard that they may be. I don’t know
what they’re going to be doing, just cleanup now, but there
are a lot of different changes and there are a lot of new requirements.
Some sound pretty good. A lot just get more confusing and we’re
not sure if they did that on purpose so they can do, the COAH Council
can do whatever they want to do and say well, the legislation allows
it. There are some major, major changes. The big one is that we
could not require any non, basically commercial facilities to build
residential housing, but there will be a fee.
President Perkins: Mr. Tobey?
Mr. Tobey: I have one comment with regards to the Boathouse. There
are several, what I would consider dilapidated structures around
Town, and I personally would be hard-pressed to simply turn my
cheek from a tax basis perspective and I respectfully state that.
Thank you.
President Perkins: Thank you. Just a couple of quickies here.
Today we had the official ribbon cutting from the Lutheran Social
Service Ministries down at the Mount Olive Manor II. Mr. Sohl was
one of the official scissor holders and we all stood back while
he took, and that was, I can say that as part of the company that
I’m involved with, that facility down there has passed all
of the requirements to be New Jersey Energy Star Certified as well
as Federal EPA Energy Star Certified. So those residents should
be able to be resulting in about a 20% annual energy cost over
the original building. So that was nice to see. The Mayor and Mr.
Rattner were down there as well as Mrs. Labow and myself. I had
contacted, I’ve been getting a lot of comments from neighbors,
and obviously I think all of us in the Township now are seeing
the affects of the Gypsy moths again. I’ve talked to Mr.
Wilpert, so I would ask Mrs. Labow as the Board of Health Liaison,
would you check with Mr. Wilpert? He was going to check and see
what the status is. Is the State doing anything and if the State’s
not doing that is that something that the Mayor and Administration
can look at from a shared services standpoint of getting different
municipalities together to have their municipalities sprayed. Mr.
Tepper?
Mr. Tepper: The reason the State is not doing anything, this was
discussed at the Planning Board meeting, is because Mount Olive
did not request in the spring that we be considered for spraying,
and that we should make sure that we’re included for next
year as it is too late now to have them come out and spray. So
the Administration will need to, in the spring or beforehand, identify
from the State that we would like them to come out and accesses
the potential areas and spray them for next year.
Mr. Sohl: You don’t spray every year.
Mr. Tepper: No they don’t spray every year. Bill’s
correct.
President Perkins: There’s an awful lot of frass around,
that’s for sure I can tell you.
Mr. Sohl: Just as a comment.
President Perkins: With that I have no other comments. Mayor do
you have any…?
Mr. Sohl: I mean, I’ve seen more Gypsy moths this year than
before. I remember probably 25 years ago when typically the side
of the house was wall to wall.
Mr. Rattner: That’s the normal cycle because what happens
is that the trees are destroyed. They don’t have enough food
and so all of a sudden they die out due to lack of trees, and they
cycle and they come back and they’ve been watching it come
back down from New England. That’s just something that…
Mr. Greenbaum: It’s amazing how much Steve knows, isn’t
it?
Mr. Tepper: You’re an entomologist.
President Perkins: He watches bugs all day.
Mr. Roman: Steve “Wikipedia” Rattner.
Mr. Rattner: It’s in the Sunday Star Ledger every week.
Mr. Greenbaum: I think you got that off of the Washington Township
site.
President Perkins: Motion to adjourn, please.
ADJOURNMENT - Motion was made and seconded, all in favor and none
opposed, the meeting was adjourned at 8:38 pm.
_________________________________
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 July 8, 2008.
_________________________________
Lisa Lashway, Township Clerk
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