Township Council Public Meeting Minutes - May 26, 2009

The Public Meeting of the Mount Olive Township Council was called to Order at 9:38 pm by President Tepper with the Pledge of Allegiance.

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.


Present: Mr. Roman, Mrs. Labow, Mr. Greenbaum, Mr. Perkins, Mr. Tobey, Mr. Tepper, Mr. Rattner

Absent: None

Also Present: John Dorsey and Dominic DiYanni, Township Attorneys; Lisa Lashway, Township Clerk; Bill Sohl, Business Administrator; Sherry Maniscalco, CFO

Questions on Bill List?

President Tepper: Any questions on the Bill List? Mr. Roman. I’ll open that one to the public as well to give Sherry some time to look at those. Mr. Roman, you first.

Mr. Roman: Page 1, Golub Animal Hospital, a payment of $3,462. What is that entirely for or comprised of?

Mrs. Labow: I believe the 19 cats they did last month.

Mr. Roman: Page 4, the mile per hour speed trailer. Is that a rental? Is that a purchase?

Mrs. Labow: What page was that?

Mr. Roman: Page 4, the R&R radar.

Mrs. Maniscalco: It’s a repair.

Mr. Roman: It’s a repair?

Mrs. Maniscalco: Yes.

Mr. Roman: Is that for a specific speed trailer? Is that the one that’s sitting on Route 46? Do we know?

Mrs. Maniscalco: Tim, do you know which one it is?

President Tepper: You mean that little sign that’s up there on 46 by the Trade Zone when you come down, when you’re going up the hill how fast you are going?

Mr. Rattner: Oh, they put that up there? I only saw the one that said Click It or Ticket.

President Tepper: That too. They had both.

Mr. Quinn: Yes, it’s not the one on the highway. That’s DOT’s. Basically it’s the white one you’ll see around Town on the municipal roads…

President Tepper: Like Tinc Road?

Mr. Quinn: …that will read out the speed limit. It shows the speed limit and shows your speed.

Mr. Rattner: Yes, you see how fast you can make it go, get to the triple digits.

Mr. Roman: Yes, I tried to see how fast I can accelerate.

President Tepper: You wanted to see how fast you’re going to hit those speed bumps on Tinc Road?

Mr. Roman: Has a cost benefit analysis been done as to whether it was worth spending $800 to repair a vehicle just to let you know how fast you’re going? I mean, has there been, since the trailer’s been put up has there been a decrease in the amount of speeding on our roads or a decrease in the amount of accidents, a decrease from…?

President Tepper: How would you define cost benefit, because if it’s effective we make less money with less tickets.

Mr. Roman: I guess that, you know, as far as less tickets, I mean, I’m looking at if it reduces the amount of speeding tickets…

Mrs. Maniscalco: Alex, it got charged to the Drunk Driving Enforcement Fund Grant. It actually came out of grant money.

Mr. Roman: Okay.

Mrs. Maniscalco: I don’t know if that matters to you, but it’s not general taxation money if that helps.

Mr. Roman: Than that doesn’t make a difference.

Mrs. Maniscalco: I have the answer to your Golub question if you want it.

Mr. Roman: Yes.

Mrs. Maniscalco: The bulk of that bill was for cat boarding, $2,128 and the balance of the bulk was for cat euthanasia.

Mr. Rattner: Is this a conspiracy?

President Tepper: So basically the $3,000 was an expenditure to euthanize, alright.

Mrs. Maniscalco: Well there’s some dog impoundment in here but the bulk of it is for cats. So I can go through every line but I think you’re just concerned about the bulk.

President Tepper: I think that you’ve addressed that one.

Mr. Roman: Yes, the bulk. Page 12, R&R Radar, was that the certified, the repair of that same trailer?

Mrs. Maniscalco: No, those are radar units.

Mr. Roman: Okay.

Mr. Rattner: These are the guys that click the gun.

Mr. Sohl: That’s what they get you with.

Mr. Roman: I just want to also make a clarification. No, I did not get a ticket during this Click It or Ticket.

President Tepper: Are you feeling if we don’t fund this you’ll have less likelihood of getting a speeding ticket?

Mr. Roman: No, no, I want to make a clarification, I have not gotten a speeding ticket or a seat belt ticket during this past week or so.

President Tepper: Any other comments or questions from Council? Anyone from the public? Ned, name and address for the record, please.

Ned McDonnell, Budd Lake: On pages 13 and 16 there are bills to SL Equipment for a dozer rental. It looks like the one on 13 and the one on 16 are almost like duplicates. Could you explain? Are these individual rentals? What’s going on with those two?

Mrs. Maniscalco: It’s not a duplicate. It’s just how they split the bill. Part of it got charged to Sanitation and then part of it went to Tim’s Streets and Roads budget. Do you remember, Tim, why we had that dozer rental at that time?

Mr. McDonnell: Well, it looks like the dozer rental, the prices…

Mrs. Maniscalco: They split the bill, Ned. The total bill was actually $562.50 twice. Half of it went to Streets and Roads and half of it went to Sanitation. It’s not a duplicate. The total bill is actually one thousand whatever.

Mr. McDonnell: So it was one dozer rental but…

Mr. Quinn: That’s the screener for the street sweeping, and then we had the dozer rentals for Parks and for the Road department. Depending on what department or what the use of the dozer is going to be used for, that’s how I determine who is paying for it. If I’m going work up at Turkey Brook Park or Blue Atlas with the dozer then that’s getting billed to the Parks department. If I’m doing work at the DPW site then it’s getting charged to Roads.

Mr. McDonnell: Okay, and the screener, how often do you rent a screener and what’s the cost of one of those?

Mr. Quinn: Usually just once a year, maybe twice a year depending on how much topsoil work I do. I bring it in to screen out my street sweepings because I have to screen debris out of them before I can take them to the dumps for processing. While I have it in, if I’ve got some decent stockpiled topsoil, we’ll stockpile a pile in the back.

Mr. McDonnell: Is this an expensive item, the screener?

Mr. Quinn: Probably for the week I think it goes for about $1,200.

Mr. McDonnell: No, I mean to buy one.

Mr. Quinn: I’ve never priced one out. I would assume you’re probably talking about $20,000 or so for that piece of equipment, somewhere along those areas.

Mr. McDonnell: Okay, so there’s a big difference then.

Mr. Quinn: Yes, there are different types of screeners. The type we use is a more industrial screener. You can get small ones but they just won’t suit the needs that we have. You spend more time trying to feed the machine than what it’s actually producing. So the type we would need would be a good $20,000.

Mr. McDonnell: Okay, thank you.

President Tepper: Sherry, I have one question for you. On page 15 we have a 10x16 Dutch barn which I would presume is part of the Recreation Utility.

Mrs. Maniscalco: Yes, Jill has beach equipment right now which she’s probably spoken about 100 times at budget meetings in big, like, Rubbermaid sort of tubs and she just didn’t have the storage that she needed. So that’s, you know, she needed a barn to cover it.

President Tepper: So we purchased that but the Utility itself is paying for that?

Mrs. Maniscalco: Utility is paying for it. I did speak to Gary about it. I actually called him before the meeting because my thought was that it probably should have gotten charged to a capital outlay account. So what I think I’m going to do is that since we haven’t introduced the budget yet, I’m actually going to set up a capital outlay for the Recreation Utility so that we can charge this there because, ideally, that’s really what it is.


President Tepper: Okay, thank you. Any other comments or questions on the Bill List? Seeing none, we’ll move to Approval of Minutes of Previous Meetings. Mr. Roman, would you move the Minutes of the previous meeting?

Mr. Roman: Yes, I’d like to move for approval of:

May 12, 2009 WS & PM (Mr. Rattner & Mr. Tepper absent)

President Tepper: Is there a second?

Mrs. Labow: Second.

President Tepper: Roll Call, please.

ROLL CALL – Passed with the exception of Mr. Rattner and Mr. Tepper who abstained



1. Letter received May 12, 2009, from the Mount Olive Area Chamber of Commerce regarding a meeting at Fresco’s with Don Hill and Jose Colon. PDF Correspondence

2. Letter received May 18, 2009, from the Bicycle Touring Club of North Jersey regarding Ramapo Rally. PDF Correspondence

3. E-mail received May 18, 2009, from Rutgers University regarding a Briefing on Energy Conservation Block Grants. PDF Correspondence


4. Letter received May 18, 2009, from the Borough of Netcong regarding Ordinance #2009-11. PDF Correspondence

5. Resolution received May 20, 2009, from the Township of Hanover regarding a Resolution Opposing the Diversion of Funds from the EMT Training Fund to the General Treasury. PDF Correspondence

6. Ordinance received May 20, 2009, from the Borough of Netcong regarding Ordinance #2009-10 Land Use. PDF Correspondence

7. Ordinance received May 21, 2009, from Washington Township regarding Land Use Ordinance #RO-14- 09. PDF Correspondence

8. Resolution received May 21, 2009, from the Township of Parsippany-Troy Hills regarding Opposing Governor Corzine’s Proposal to Transfer Money from the EMT Training Fund. PDF Correspondence


9. Letter received May 8, 2009, from the State of New Jersey Department of Environmental Protection regarding a Notice of Public Hearing/Comment Period regarding Proposed Amendments to the FFY2009 Clean Water Priority System/Intended Use Plan, and the Proposed Intended Use Plan for the American Recovery and Reinvestment Act of 2009, Clean Water Financing Program State Revolving Fund (SRF). PDF Correspondence

10. Letter received May 8, 2009, from the State of New Jersey Highlands Water Protection and Planning Council regarding Highlands Council Executed Grant Agreements, Mount Olive Township - $50,000. PDF Correspondence

11. Letter received May 11, 2009, from the State of New Jersey Department of Environmental Protection regarding a Remedial Action Report for Soils and Ground Water at 10 Bartley Road. PDF Correspondence

12. Letter received May 11, 2009, from the State of New Jersey Department of Environmental Protection regarding a notice of deficiency for 17 Sunset Drive. PDF Correspondence

13. Letter received May 11, 2009, from the State of New Jersey Department of Environmental Protection regarding Muhammad Farooq, 15 Wilstow Road. PDF Correspondence

14. Letter received May 11, 2009, from the State of New Jersey Department of Environmental Protection regarding Bartley Chester Business Park, Inc., 704 Bartley Chester Road. PDF Correspondence

15. Letter received May 11, 2009, from the State of New Jersey Department of Environmental Protection regarding 118 US Highway 206. PDF Correspondence

16. Letter received May 12, 2009, from Careaga Engineering regarding Mountaintop Assembly of God Church, 6 Naughright Road. PDF Correspondence

17. Letter received May 15, 2009, from the State of New Jersey Department of Environmental Protection regarding George Blasko, Preliminary and Final Site Plan for 484 Route 46. PDF Correspondence

18. Letter received May 20, 2009, from the State of New Jersey, Department of Environmental Protection regarding Goldmine – Morris Chase Limited Interconnection. Dyrham Road & Woodbine Avenue. Agent Determination: Highlands Act – Exempt, Water Quality Management Plan not addressed. PDF Correspondence

19. Letter received May 22, 2009, from the State of New Jersey, Department of Environmental Protection regarding Mount Olive W.D. Goldmine System. PDF Correspondence


20. Letter received May 11, 2009, from the State of New Jersey League of Municipalities regarding 2009 NJ Environmental Infrastructure Trust Financing Program Information Session – May 14, 2009, League Co-Sponsors Mayors Clean Communities Council Conference, and Important New Information from the Division of Local Government Services. PDF Correspondence

21. E-mail received May 12, 2009, from the State of New Jersey League of Municipalities regarding Recent Arbitration Award, NLC Briefs Help Local Officials Make the Most of the Recovery Act, and Registration and Regulation of Convicted Sex Offenders. PDF Correspondence

22. Email received May 13, 2009, from the State of New Jersey League of Municipalities regarding Healing Homes: A Road to Recovery for New Jersey Children, US Department of Energy Web Casts on Stimulus Funding Opportunities, NJ Supreme Court Rules that Tree Replacement Ordinance Valid, and NJN Open House: Getting Your Message Out in New Jersey’s New Media Environment. PDF Correspondence

23. Email received May 14, 2009, from the State of New Jersey League of Municipalities regarding the League’s Website Offers a Classified Ads Section, A3062 Inherently Beneficial Uses and HUD Stimulus Funding for Public Housing Authorities. PDF Correspondence

24. Email received May 15, 2009, from the State of New Jersey League of Municipalities regarding Binding Arbitration Award Update. PDF Correspondence

25. E-mail received May 18, 2009, from the State of New Jersey League of Municipalities regarding a Reminder – Register Today, Don’t Be Disappointed. PDF Correspondence

26. E-mail received May 18, 2009, from the State of New Jersey League of Municipalities regarding New Jersey Municipalities League Magazine, Proposed Amendments to Vegetation Management Rules, A- 1645 – Qualified Purchasing Agent and Meeting on Federal Recovery Act. PDF Correspondence

27. E-mail received May 18, 2009, from the State of New Jersey League of Municipalities regarding League/Site Remediation Brownfield Outreach and First of a Series of Regional COAH Briefings. PDF Correspondence

28. E-mail received May 20, 2009, from the New Jersey State League of Municipalities regarding New Jersey’s Economy: Status of Gloom and Prospects for Bloom. PDF Correspondence

29. E-mail received May 21, 2009, from the New Jersey State League of Municipalities regarding the League Drive, Proposed Readoption with Amendments to Cable Television Rules, The Smart Housing Incentives Act, and Qualified Purchasing Agent. PDF Correspondence


30. Letter received May 13, 2009, from Public Service Electric and Gas Company (PSEG) regarding Overhead Electric Transmission Rights-Of-Way Maintenance Application for Re-Issuance of Statewide General Permit #1. PDF Correspondence

31. Letter received May 19, 2009, from Comcast regarding Channel Changes. PDF Correspondence


32. Notice of Filing and Public Hearing received May 22, 2009, from Cozen O’Connor regarding Petition of Applied Wastewater Management, Inc. for Approval of Municipal Consent Granted by the Township of Mount Olive, Morris County; and Extension of its Existing Water Tariff to the New Service Area. PDF Correspondence


33. E-mail received May 8, 2009, from the State of New Jersey Department of Community Affairs regarding South Jersey Energy Saving Resources Meeting – May 27th. PDF Correspondence


34. Email received May 8, 2009, from Congressman Rodney Frelinghuysen regarding the Week Just Past, The Bad Idea of the Week, Noted with Interest, Jobs for Veterans, New Horizons for Employment Horizons, Town Meetings Tomorrow, Spread the eNews, and Contact Rep. Frelinghuysen. PDF Correspondence

35. Email received May 15, 2009, from Congressman Rodney Frelinghuysen regarding the Week Just Past, The Bad Idea of the Week, Recommended Reading, House Supports Troops in Afghanistan and Iraq, Residents Attend Town Meetings, Spread the eNews, and Contact Rep. Frelinghuysen. PDF Correspondence


36. Letter received May 11, 2009, from the Morris County Department of Planning & Development, Division of Community Development regarding the Community Development Grant for Fencing at the municipal beach. PDF Correspondence

37. Letter received May 22, 2009, from the County of Morris, Department of Human Services, Division on Aging, Disabilities and Veterans regarding June and July Calendar of Events. PDF Correspondence


38. Letter received May 15, 2009 from the State of New Jersey Department of Labor regarding State Federal Extended Benefits (EB). PDF Correspondence


ORDINANCES FOR FIRST READING (second reading/public hearing – June 9, 2009)

President Tepper: There are 38 pieces of Correspondence. Does anyone have any comments or questions on any? Seeing none, we have Ordinances for First Reading. The next item on the Agenda for First Reading is Ord. #10-2009, entitled:

Ord.#10-2009 An Ordinance to Amend Chapter 400 Entitled “Land Use” to Modify §400-101 Entitled “Nonresidential Districts” to Permit Restaurants, Bars and Nightclubs as Permitted Principal Uses in the C-1 Commercial Zone District and to Revise the Schedule of Limitations for Nonresidential Districts to Implement a Minimum Lot Frontage Requirement.

President Tepper: Mr. Tobey, would you move that?

Mr. Tobey: Yes, I move that Ord. #10-2009 be introduced by title and passed on first reading and that a meeting be held on June 9th, 2009 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. Perkins: Second.

President Tepper: Any Council discussion? Seeing none, Roll Call, please.

ROLL CALL – Passed Unanimously

President Tepper: We’ll move to the next item on the Agenda for First Reading, Ord. #11-2009, entitled:

Ord.#11-2009 An Ordinance of the Township of Mount Olive to Amend and Supplement Section 196-28 Entitled “Payments; Penalties for Nonpayment,” Subsection B of the Code of the Township of Mount Olive.

President Tepper: Mr. Greenbaum, would you move that Ordinance?

Mr. Greenbaum: I move that Ord. #11-2009 be introduced by title and passed on first reading and that a meeting be held on June 9th, 2009 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.

Mr. Perkins: Second.

President Tepper: Alright, Mr. Perkins, that’s fine. Would you Call the Roll, please, on that.

ROLL CALL – Passed Unanimously


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.


1. Resolution of the Township Council of the Township of Mount Olive Authorizing the Mayor to Execute an Agreement with the County of Morris, Department of Public Works for Road Opening Purposes for 2009.

2. Resolution of the Township Council of the Township of Mount Olive Authorizing the Mayor to Execute an Application to NJDEP for the Water Main Extension at Mount Olive Mews (Block 4100, Lot 80)

3. Resolution of the Township Council of the Township of Mount Olive Supporting the Click it or Ticket Mobilization of May 18-31, 2009.

4. Resolution of the Township Council of the Township of Mount Olive Authorizing the Filing of a Grant Application to NJDOT for Obey the Signs or Pay the Fines 2009.

5. Resolution of the Township Council of the Township of Mount Olive Awarding a Contract to Accurate Waste Removal Services for Sewerage Sludge Pumping Services for the Years 2009-2011.

6. Resolution of the Township Council of the Township of Mount Olive Relative to the Budd Lake Beach Family Camp-Out Event.

7. Resolution of the Township Council of the Township of Mount Olive Relative to Mount Olive Carnival Week (7/15/09-7/19/09) and Mount Olive Community Week with Fireworks Scheduled for (7/18/09) and Rain Date (7/19/09).

8. Resolution of the Township Council of the Township of Mount Olive Relative to the Mount Olive Carnival (7/15/09-7/19/09) and Mount Olive Community Week (7/18/09) and Rain Date (7/19/09).

9. Resolution of the Township Council of the Township of Mount Olive Authorizing a Settlement of a Tax Appeal Filed by 500 FTZ Properties, LLC, Lot 2, Block 107.

10. Resolution of the Township Council of the Township of Mount Olive Authorizing the Donation of Police Vehicles Numbers 991 and 992 to the Flanders First Aid Squad.

11. Resolution of the Township Council of the Township of Mount Olive, Morris County, New Jersey Adopting the Multi-Jurisdictional Hazard Mitigation Plan.

President Tepper: We’re going to remove items number 2 and 5 per the discussion during the Workshop. Any others that anyone would like moved to Non Consent?

Mrs. Labow: Should we remove 9 just to clarify in the public…?

President Tepper: No, number 9 the only issue was changing the word “refund” to a “credit,” as amended to reflect “credit.”

Mrs. Labow: So we shouldn’t pull it just… Okay.

President Tepper: Alright, Mrs. Labow, would you move items 1, 3, 4, 6, 7, 8, 9, 10 and 11?

Mrs. Labow: I move 1, 3, 4, 6, 7, 8, 9 as amended, 10 and 11.

Mr. Roman: Second.


President Tepper: Roll Call? I’m sorry, public portion on Consent. Anyone have any, yes, if you would go up and give us your name and address, please?

Ned McDonnell, Budd Lake: This is number 4, the grant for Obey the Signs or Pay the Fines. What really is this? What do we get for this or what do we have to do for this?

President Tepper: Mr. Sohl?

Mr. Sohl: The specifics of…

Mr. McDonnell: What is this program? Does it entail some cost to the Township? I see it looks like there is a $4,000 funding but what does that fund need to be used for?

Mr. Sohl: I honestly don’t know the specifics…

Mrs. Maniscalco: Normally what happens with these types of grants is that we use the funding to offset the time that’s incurred to support the particular project. So in other words, Click It or Ticket, there’s time that’s associated with them going out and doing that work and that’s paid for by the grant. So I would imagine this is going to work the same way.

Mr. Sohl: During the course of the year, a variety of grants that become available for specific enforcement elements for the various Police Departments, they are made available by the State and sometimes by the Feds. It’s simply a matter of applying for it. If we get the grant then depending on the specifics as we’ve just discussed, the Click It or Ticket is a safety seat belt issue. This one is probably focused on obeying the signs. It might be a 35 mile per hour sign.

Mr. McDonnell: I imagine that there will be some signs placed around the Township in conjunction with this program, which I am opposed to. I went around the Township just in the normal course of business and there is a sign, “puppies for sale,” “cash for diamonds,” “home improvement,” “furniture closeouts,” “cheerleading contests,” “AT&T,” and a sign questioning, “Got Junk?” I really don’t think we need more signs placed up for things like Obey the Signs or Pay the Fines.

Mr. Sohl: They’re not doing that.

President Tepper: The signs are the speed signs.

Mr. Sohl: They’re the existing…

President Tepper: It’s the posted speed limits. It’s an enforcement of the current posted speed limits.

Mr. McDonnell: I understand that but I am assuming, I may be wrong, in conjunction with this program there will be a sign, probably at least one sign put up.

President Tepper: I would think maybe the mobile one on Route 46.

Mr. Sohl: That’s right. For example, they’ve had that mobile one. I think it’s been on 206…

President Tepper: It’s been moved around.

Mr. Sohl: …announcing the Click It or Ticket.

Mr. McDonnell: Okay, it’s just that we’ve got too many signs. Maybe the Zoning Officer should…

Mr. Sohl: They’re not putting up any manual signs otherwise.

Mr. McDonnell: We’re getting a rash of, with the good weather we’ve gotten a rash of these signs on the edge of the street where people have just stuck these things in the ground. It’s starting to look pretty bad around the Town with all these.

Mr. Sohl: We do every year. I know.

Mr. McDonnell: Garage sale signs I understand, or political signs. It’s these commercial signs for spacklers, home improvement, etc. that it just gets out of control. My other comment is that some people in the Administration seem to think that these are great when we receive these grants. It’s like it’s free money. Well, it isn’t free money. It’s our money and the more people take advantage of these grants, the more the State costs go up. This money comes right out of your pocket and mine sooner or later. I don’t think we should look at this as something that came down from heaven. We have to realize that every time we apply for a grant, somebody has to pay. I think if not just Mount Olive but a lot of municipalities around this State would think twice before they apply for these grants, maybe we could make some impact on the way our taxes take place in this State.

President Tepper: Presuming they have X amount of dollars to be allocated and they will fully allocate at a State level, if Mount Olive doesn’t take the grant it would be given to someone else and your tax dollars from the State perspective would not change. I don’t see anybody turning down anything that would fund their Police Departments or is theoretically being done to improve safety, as most of the time these are usually done before the Memorial Day weekend, the Fourth of July weekend where they’re trying to just keep people’s speed under control.

Mr. McDonnell: No, I understand that but it’s always that we can get a grant and it won’t cost us anything. Well, it does cost us.

President Tepper: On a local basis it doesn’t but on a State basis you’re right. Somebody’s paying. We are. Mr. Roman?


Mr. Roman: Ned, while I agree with your sentiment wholeheartedly, I believe a little earlier ago you were actually questioning whether we applied for stimulus funds which come about…

Mr. McDonnell: No I did not.

Mr. Greenbaum: That was Mr. Fleischner.

Mr. Roman: I apologize. You know what? I need glasses.

Mr. McDonnell: I am not a big fan of applying for funds.

President Tepper: He has hair.

Mr. Greenbaum: They are both very good looking gentlemen.

Mr. Roman: I apologize.

Mr. Sohl: A striking resemblance.

Mr. Perkins: They both wear glasses.

Mr. McDonnell: Thank you for listening to my comments.

Mr. Roman: I agree with you wholeheartedly.

President Tepper: Mr. Greenbaum?

Mr. Greenbaum: Mr. McDonnell raises a good point with respect to the signs that are proliferating through this Town, besides the election signs which obviously are a freedom of speech issue, and should be left in place and cleaned up immediately after the election.

President Tepper: Thank you.

Mr. Greenbaum: Not withstanding that, there are any number of signs, and we’ve had this problem in the past and it’s been raised. I would ask the Administration to start sending out the Zoning Officer. Let’s start cleaning up some of these signs which are for profit business purposes that shouldn’t be littering our Town. I think that’s something, that was an appropriate point made by Mr. McDonnell.

President Tepper: We could have the DPW simply pick them up.

Mrs. Labow: Most people get permits for them.

President Tepper: Excluding anybody who has a permit.

Mr. Sohl: Do you want us to pick up the tricky tray signs too?

Mr. Greenbaum: You know, I think some discretion has to be used in terms of the signs which are out there. In terms of signs which are for business purposes that shouldn’t be there, they should be picked up.

Mr. Roman: Well, don’t we require permits to be filed for tricky tray signs?

Mrs. Labow: Yes, for all of that and the Schools actually keep the application form.

Mr. Sohl: But nobody gets them.

Mrs. Labow: Yes, they do.

Mr. Rattner: I got one for the Easter bunny.

President Tepper: The fact is if they don’t have one, I think what Mr. Greenbaum is saying is if they’re not legitimate, legal and approved they be removed and/or fined.

Mr. Sohl: That’s fine. I’ll talk to…

Mr. Roman: I agree.

President Tepper: Any other questions or comments from the public? Seeing none, any further Council comments on the Consent Resolutions? Roll Call, please.

ROLL CALL – Passed with the exception Mr. Rattner voted no on number 3





President Tepper: Alright we now have some Motions. We have an approval of a bingo application. Mr. Rattner, would you move for approval of item number one?

Mr. Rattner: Sure, I move for approval of:

1. Approval of Bingo Application #2308 for K of C #6100 Fr. Joseph A. Cassidy Council.

Mr. Perkins: Second.

President Tepper: Roll Call.

ROLL CALL – Passed Unanimously

President Tepper: Mr. Perkins, would you move the Bill List, please?

Mr. Perkins: Yes, I move the 23 pages of the Bill List as submitted.

2. Bill List.

Mr. Roman: Second.

President Tepper: Roll Call.

ROLL CALL – Passed Unanimously


President Tepper: Administrative Matters, Mr. Sohl, any Administrative Matters?

Mr. Sohl: We had a fantastic Memorial Day parade and honoring the memory of those who made the ultimate sacrifice. I thank everybody that participated and/or was there as a spectator.

President Tepper: I would also like to acknowledge as the Mayor pointed out, that Mr. Sohl and his wife were recognized by the New Jersey Legislature, both the Senate and the Assembly, for their activities and their efforts in promoting this for many, many years now.

Mr. Sohl: Twenty-five I can’t believe it. It’s amazing.

President Tepper: Twenty-five years, but it was very well attended and it was quite pleasant to be there.

Mr. Greenbaum: It comes quick doesn’t it?

Mr. Sohl: Yes, too quick.

Mr. Rattner: The triumph was a new car.

Mr. Sohl: Pretty close.





President Tepper: Any Old Business? Seeing none, any New Business from Council? Legal Matters? No Legal Matters. Council Reports, Mr. Roman, Recreation.

Recreation Liaison Report

Mr. Roman: Nothing to report.

President Tepper: Mr. Perkins, Board of Health?

Board of Health Report

Mr. Perkins: Yes, thank you, Mr. President. The H1N1 Virus, there is still no major impact on Morris County which is a relief. Still standard precautions, you know, standard as flu and it will continue to be monitored on a weekly basis. Our Health department is quite happily involved with that and not our feline friends. To bring Council up to date, we’ve had at least one feral cat attack which happened in one of our neighboring facilities here, one of our residential developments. Thank goodness it proved to be non rabid although the three people that were bitten unfortunately had to start undergoing the rabies vaccination. We’ve had a few calls to remove what appears to possibly be rabid feral cats. They have been removed and were probably included in that report that Mrs. Labow so interestingly commented upon for the charges on the Bill List. Thank you, Mr. President.

President Tepper: Thank you. Planning Board, Mr. Greenbaum.

Planning Board Report

Mr. Greenbaum: I just wanted to comment on something I saw tonight. Ray, I saw a fox tonight in Town which isn’t that unusual, but I actually saw it during the day time which was a little alarming to me.

Mrs. Labow: They’re all over. It’s actually a coyote. It’s not a fox.

President Tepper: No.

Mr. Greenbaum: No, it was a fox.

President Tepper: I have two and several kids right on the side of my yard in the woods so they are there.

Mrs. Labow: There are coyotes on my street.

President Tepper: Mr. Greenbaum, Board of Adjustment.

Mr. Greenbaum: Well, I didn’t do Planning Board yet.

President Tepper: Well, I figured you were pausing to talk about foxes so there was nothing of importance.

Mr. Greenbaum: Planning Board, we had several discussion matters as I recall, and every time we have a discussion matter on the benefits of opting into the Highlands Master Plan, I ask the same question of Chuck McGroarty. I ask him to please explain to me what the benefits and detriments are to the Township of actually either adopting or not adopting the Master Plan, because as I sit here, and I’ve dealt with it, I still have no clue. So I expect that at some point we’re going to get some real good feeling from Chuck as to his thoughts as to what the benefits and detriments are. There was some discussion in terms of looking at it on a piece by piece basis within the Town, since most of the Town is already in the restricted areas. It’s not going to make a difference to those areas.

President Tepper: The Planning area.

Mr. Greenbaum: The Planning area, particular properties and how it would affect redevelopment issues on a going forward basis. So I think that’s the way that we’re going to attack that particular issue in terms of gaining an understanding of the benefits and detriments of opting into the Highlands. In terms of development matters, we had one application from Mr. Mortezai with respect to Deerfield Estates and a request for an extension. He was granted a one year extension of his approvals for reasons that were discussed at the Planning Board. There were no other matters that were discussed at the Planning Board. I believe at the next meeting there is actually an application coming and my recollection is that it may be CVS. Is that right, Joe? Was it CVS? CVS which is looking at Ace Hardware/Sandy’s Liquor which we’ve been told both of which are relocating. So that’s the application that’s coming and I expect that we’re going to be seeing an application. In fact, I know that we’re going to be seeing an application from Shop Rite who is going to come in and seek to amend their final site plan approval. They were granted, many years ago, an approval for five or six additional stores. They are now looking to combine that entire space, not to change the footprint of their building but to actually put a Gold’s Gym in that shopping center. So they need to come in to amend their final site plan as it will not be a divisible space, but rather a space that will be occupied by one tenant and the use slightly changes. Although I believe that it’s permitted in the zone. They don’t need any variances. I don’t expect that there’s going to be much testimony although one never knows what type of opposition A&P is likely to bring forward. I believe the next meeting is June 18. Planning Board at this point is basically meeting once a month because of the lack of any development matters that we’re seeing here in Town. I’m sure it’s the same throughout the Highlands areas and most of North Jersey based upon the economy. If I may just move into Board of Adjustment…

Board of Adjustment Liaison Report

President Tepper: Board of Adjustment, please.

Mr. Greenbaum: I’ve been told through my trusted confidant that there was one issue that was discussed at the Board of Adjustment. It dealt with the cell tower behind the old School building.

President Tepper: Omnipoint?

Mr. Greenbaum: Yes, Omnipoint, and that was the only issue that was addressed.

Mr. Perkins: Carried.

Mr. Greenbaum: It was carried. Yes, I’m not going to tell you who my confidant was but I’m told this evening that it was carried.

Open Space Committee Report

President Tepper: Okay, with that in mind, Open Space Committee, Mrs. Labow.

Mr. Labow: I reported for Open Space last time but I just wanted to update that we did have the gentleman from the County come out and start the flagging process for the trails on Sunday morning at 8 am. Some of the Girl Scouts joined and thanks to… Mrs. Escobar sent me an email letting me know exactly what was going on. There was one area of trail that seemed to be too difficult, so they’re going to kind of scope out another route. It is a very long process but I think it’s going to be well worth it in the end.

Legislative Committee Report

President Tepper: Thank you. Mr. Perkins, Legislative Committee.

Mr. Perkins: Nothing to report.

Pride Committee Report

President Tepper: Mrs. Labow, Pride Committee?

Mr. Labow: We meet tomorrow night.

Board of Education Liaison Report

President Tepper: Board of Education liaison, Mr. Roman?

Mr. Roman: The Board of Education met last Monday. They finalized the areas of which they’ll be cutting. I’d just like to take a moment to mention some of those cuts. There will be a reduction in courtesy bussing. A total of nine routes are going to be eliminated for High School students that live within the Route 206 and 46 corridor. Five additional bus routes are to be cut by way of triple stacking. The start times of the Schools have been adjusted to accommodate that triple stacking of bus routes. Late bus routes are going to be reduced to only two days. Certain clubs and activities will be moving around their schedules so they can accommodate on those busses. The elimination of proposed musical instrument leases, a reduction in technology expenditures, elimination of proposed special education teachers at the Middle School and the High School, cancellation of a plan to restore Middle School sports, elimination of a secretary position at the High School and termination of district funding for the School Resource Officer at the Middle School. While I don’t envy the job of the Board of Education, I would like to just read a statement that President Werner had at the end of his letter. That’s something I take a little bit of a problem with. “Because all future services to Mount Olive students are dependant on the Town’s willingness to lend financial support, all of us associated with the Mount Olive Public Schools will do our best to provide the very best education that we can with the resources you provide.” So I take a little bit of umbrage with that statement,

President Tepper: Well, comment was made to the President that like ourselves in their own negotiations, had they gone back and had the Unions agreed to a 1% reduction in their 4.5% increase and each Teacher, Administrator and/or support person contributed $100 a month to their health benefits, they would have received over $800,000 in additional revenue which would have eliminated any need for any cuts. However, the Board of Education basically stated that the Unions were not interested in doing so. So that did not occur. Mr. Tobey?

Mr. Tobey: What is the impact on our budget with regard to the SRO?

Mrs. Labow: That was going to be my question.

Mrs. Maniscalco: Nothing this year.

Mr. Roman: I believe they expect to be able to have enough funding through December of 2010.

President Tepper: Right now the way it’s set up, they’ve cancelled it from January through June with their logic that if they get additional breakage, if they find additional funds they reserve the right to reinstate it.

Mrs. Labow: I think they said for September…

Mr. Greenbaum: Nothing this year.

President Tepper: There’s nothing. It disappears unless they come up with additional breakage at the end of the year. It’s basically gone in January. Then they need to decide what they’re going to do with their budget. So what basically happens is that we need to decide from that perspective what we’re going to do.

Mr. Sohl: We fund 50% of it.

President Tepper: Pardon me?

Mr. Sohl: We fund 50%.

President Tepper: We fund 50 but if it goes away we end up funding 100% in January of 2010.

Mr. Sohl: I understand that.

Mr. Perkins: Or we have no SRO in the Middle School.

Mr. Roman: Right.

President Tepper: Or it is eliminated. Correct, it’s either funded or we have to make a decision of what we’re going to do.

Mr. Roman: And one of the items that I requested from the Board of Education is to make their Bill List public. I’m awaiting, they said they were going to discuss that at their Business Committee. So I’m awaiting the response from the Business Committee as to whether they are going to make their Bill List public much the way we do where it’s available online.

President Tepper: Well, by law it has to be made available. I think what you’re asking for has been asked previously to make it available to the public at the meeting before it’s voted on.

Mr. Roman: Not necessarily whether it’s before it’s voted on but at least it allows for some transparency where the public at any point in time can look as to what has been paid in past times, and with a budget as big as theirs, one of the problems I found difficult being on that Review Committee is that you could look at a line item, but you could never delve within that line item to see what’s actually being spent. By allowing the Bill List to be made public at least that kind of opens the shades a little.

President Tepper: Well, I will point out that they had a full page ad in the Star Ledger this week looking to hire for certain positions that I presume are not incremental to their current budget but are de facto positions. I don’t know whether that’s true or not, but they are certainly advertising two staff positions right now. Mr. Rattner, Lake Environmental Issues Committee.

Lake/Environment Issues Committee

Mr. Rattner: Thank you, Mr. President. A week and a half ago was the Spring cleanup on the Lake. Mr. Perkins did not get poison ivy. I did.

President Tepper: Congratulations.

Mr. Rattner: We were working it together. So he has better immunity, but seriously we filled up one of the dumpsters. We had a large amount of lumber that was piled on the side. We took out a lot of parts of docks from the Lake. The other part was wood that looked leftover from our ice fisherman. There was a certain amount of debris that you figure ice fisherman would be good stewards of the Lake, but they seem to leave their garbage on the Lake which then floats. Hopefully before it hits a boat it’s able to be taken out. Other than that it was a successful cleanup. Again, if we had to estimate we probably picked up about two tons. I mean one ton, 2,000 pounds.

President Tepper: Mr. Sohl?

Mr. Sohl: Yes, just as a follow up. We did get a letter from the Lake Committee with a list of certain items, or an email actually.

Mr. Rattner: Right.

Mr. Sohl: I think it was forwarded by Lisa.

Mr. Rattner: We’ve always had very good support from the Town. The only thing I would ask, too bad Tim left, one of the things was that we found a submerged boat. In the past I know from Frank Wilpert, Jr. who is our Code Enforcement Official, said that we don’t take them out. In the past they’ve used the garbage truck which has the wench to pull it out.

Mr. Sohl: I’ve already gone back to him and said this could be a safety issue if nothing else.

Mr. Rattner: A safety issue to take it out or leave it?

Mr. Sohl: A safety issue to other boats and stuff.

Mr. Rattner: Yes, we’ve done it before because they have a wench that they can actually pull it out and put it in the back of a packer.

Mrs. Labow: I just wanted to thank the Administration. Also, I noticed in that letter that I received from Mr. Tomb that they talked about three picnic tables that were in the water by the old Boathouse, and I drove by there the other day and all three of those tables were out and gone. So that was very quick work on that. Thank you.

President Tepper: Mr. Greenbaum.

Mr. Greenbaum: Yes, I drove by the Lake clean up and saw the people out there. My sincere gratitude should be given to those people for…

Mr. Rattner: No fat boy jokes.

Mr. Greenbaum: No, although I did think of a couple before I started talking.

Mr. Rattner: You told me that.

President Tepper: I think everybody is appreciative of the efforts of the Lake Committee to…

Mr. Greenbaum: There were a lot of people that were out there that were cleaning up. I kind of felt proud as I drove by.

Mrs. Labow: You should have stopped and helped.

President Tepper: I was waiting for that next time, but Mr. Rattner actually held himself back on that one I saw. He was afraid of the jokes.

Mr. Greenbaum: I’m sure I was doing something equally as important for the Town.

President Tepper: Mr. Perkins, Safety Committee.

Safety Committee Liaison

Mr. Perkins: Thank you. I’d just like to back up here for the Lake. Most of the folks that end up with the poison ivy, they don’t spend the $9.99 for that extended pickup piece so that you don’t have to stick your hands in the poison ivy. Other than that…

Mrs. Lashway: You’re supposed to wear the gloves.

Mr. Perkins: The gloves don’t help, not when you go down… It’s nice. It’s like one of those things that people use on the wheelchairs. They can reach up, $9. I would buy you one but you make more money than I do.

Mr. Greenbaum: I’m surprised Steve can even bend over that far.

President Tepper: Let’s move on to Safety.

Mr. Perkins: Alright, that will get us right into Safety Committee. There has not been any meeting yet. I do have a meeting. I’ll be sitting down with Fred Detoro tomorrow. I have talked to the ambulance squads. They’re getting ready for the hospital based service to begin on June 1st. So let’s pray that runs the way everybody hopes it does. Thank you, Mr. President.

President Tepper: Mr. Roman, you have a comment or question?

Mr. Roman: Ray, at the next meeting, also to the Administration, has there been any question as to whether we’re going to make that bypass in the Turkey Brook Park center parking lot?

Mr. Sohl: Yes, I spoke with Scot VanNess and the exit out of that one parking lot, once it’s improved to the point where it can be regularly used.

Mr. Roman: It will be permanent then?

Mr. Perkins: Yes.

President Tepper: Good. Economic Development Committee, Mr. Rattner?

Economic Development Committee Report

Mr. Rattner: Nothing to report.

President Tepper: Solid Waste Advisory, Mr. Perkins?

Solid Waste Advisory Committee Report

Mr. Perkins: Nothing.

President Tepper: Mr. Tobey, Library.

Library Board Liaison

Mr. Tobey: Nothing to report.

President Tepper: Mrs. Labow, Senior Citizens?

Senior Citizen Liaison

Mr. Labow: Nothing to report.

President Tepper: I open the meeting up to the public. Anyone from the public have anything they’d like to…

Mr. Roman: I think Ray had something.

President Tepper: Yes, sir. Sorry, Mr…

Mr. Perkins: That’s alright. Just before Mr. Fleischner gets up there, for anybody that doesn’t know, the Senior Citizens Board has been changed. I don’t have everybody’s breakdown, but Mr. Daniel Amianda is the President now. So that will be interesting. If I stop over and see him I’ll get a list of all of the officers or Mrs. Labow could pick that up on her next tour through.

President Tepper: Thank you.

Mr. Perkins: You’re welcome.

President Tepper: Name and address for the record, please.


Joe Fleischner, Karen Place, Budd Lake: One of the thoughts that I had at the last Board of Adjustment meeting, when the people from Omnipoint came in to get the appropriate variances for the cell tower. Do we have the utility commission that regulates all utilities, because that is a utility within the Township. I guess by the…

Mr. Greenbaum: We don’t.

Mr. Perkins: No.

President Tepper: No, we don’t.

Mr. Sohl: No, we don’t.

Mr. Fleischner: I really believe we should.

Mr. Sohl: When you say regulate, I’m not sure what you mean.

Mr. Fleischner: I think we have to have certain standard guidelines. I mean, and not to discuss, obviously, other than what’s been discussed in front of that Board already, which is public. We’re talking about a 120 foot tower, expandable up to 150 feet. There’s a lot of issues that surround it and I think that maybe we have different utilities. Maybe the time has come to just have one commission within the Township that looks, you know, kind of sets a standard. I don’t know what it is. I’m being honest with you there but I just think you really need to have something because the conversation, and again, they will be before the Board of Adjustment again. I just think we should have a utility commission for the Township. Again, it’s not a paid…

President Tepper: I think the Board of Adjustment is currently charged with determining the variances, and there are standards for towers that are identified within that as well as locations. So they are obviously asking for an exception, but I think creating another body to review and mitigate something, one, it’s difficult to find new volunteers for a lot of the different committees. I think creating something where it’s a different body that doesn’t necessarily have the zoning expertise, it would be difficult to have any consistency.

Mr. Fleischner: I have to disagree with you because I don’t think it’s necessarily just Zoning. I think when you have, you know, you’re all looking for different revenues, etc. Well, that particular cell tower is going to sit on School property.

President Tepper: And we just had one that was located up on the water tower.

Mr. Fleischner: And then you have the one that’s going to be down in Flanders on Township property. I think there needs to be a certain amount of uniformity on all these things. Maybe there is a fee that all the different utilities should be contributing to the Township rather than the School Board gets its money.

President Tepper: It’s public versus private property, Joe. I mean, if you have one that is granted on your yard if you had 40 acres, the money is yours. The ones that went to the Town, Mr. Sohl has negotiated funding for the Town. Now, the School Board is entitled to negotiate on behalf of themselves.

Mr. Sohl: Public bid also.

President Tepper: Public bid but they have to, you know, that’s not something we’re involved in.

Mr. Fleischner: And I understand that but I think you need to really think a little bit more about it. I think Mount Olive is a big Township and I just think it’s something that should be regulated in one place, or overseen in one place instead of it jumping all over.

President Tepper: Okay, thank you. Anyone else from the public? Seeing none, we’ll close it to the public. Council Comments, Mr. Greenbaum?


Mr. Greenbaum: None this evening.

President Tepper: Mr. Tobey?

Mr. Tobey: Nothing, thank you.

President Tepper: Mr. Perkins?

Mr. Perkins: Just a brief comment. Mr. Fleischner, I appreciate your comments about the Board of Health. The Board of Health decision was reached obviously by four professionals that are in the health field. I understand that you are a registered pharmacist so you understand the health field also. Based upon a four to one vote, the determination was made not to recommend reducing the licensing fee or the requirement with other requirements based on that. The Council President has seen fit to have the TNR presentation back here again on June 9th. I have a different viewpoint obviously. I think it could work, possibly, although I think most of the numbers are skewed. I don’t necessarily agree with them and if you’re a cat lover, I’ve had cats all my life. They’ve all been licensed. They’ve all had their shots. I keep them indoors. It’s when people stop doing what we’ve done for probably the past 50 years, and that’s every time they see a little kitty they put out a bowl of milk or a can of tuna fish out. Stop feeding the cats and they won’t come around. It’s a very easy thing to do. We live in the country. We have bears and other things that are out there which of course the Council will hopefully hear about in the quite voluminous pieces of testimony that will be presented, I’m sure. Let me just close by saying that if we had a place that was fenced in and you were going to treat them like the wild animals that they are, because they are considered wild animals, then we could all walk by and it would be like in a little zoo. That would be a good place for them. Until that they become a nuisance and can become a public health risk. Therefore, the Board of Health made that determination. That’s really all I can say about that.

President Tepper: Thank you. Mr. Roman?

Mr. Roman: Nothing to report.

President Tepper: Mr. Rattner?

Mr. Rattner: Nothing to report.

President Tepper: Mrs. Labow?

Mrs. Labow: I wanted to apologize to Mrs. Kennedy. When I ran the meeting two weeks ago, I did not see her raise her hand, and I want you to know I called and told her I would always call on anybody in the public and I just really didn’t see you.

Mr. Greenbaum: You told me you skipped her on purpose.

Mrs. Kennedy: Thank you, Colleen. It’s okay. I think it was your first meeting, right?

Mrs. Labow: No, it was a couple but it was a packed meeting. I do apologize and I do value everything that everyone from the public does come and share with us. So we get a lot of information and to me, all public opinion is very important and does help us make our decisions. So I just wanted to apologize publicly to you. Sorry.

President Tepper: My only comment is, again, to thank Mr. and Mrs. Sohl and everyone who attended and participated in the Memorial Day Parade as it was a great activity. There was a degree of dissension on the Council as to whether the TNR should be reconsidered, and as the majority of people who expressed an opinion said, they wanted to hear them present again to Council. We will hear them at our first public meeting in June. That’s all I have. I need a motion to adjourn.

Mrs. Labow: So moved.

Mr. Roman: Second.

President Tepper: All in favor?


Motion was made and seconded, all in favor and none opposed, the meeting was adjourned at 10:21 pm.

Russell J. Tepper, Council President

I, Lisa M. Lashway, Township Clerk of the Township of Mount Olive do hereby certify that the foregoing Minutes is a true and correct copy of the Minutes approved at a legally convened meeting of the Mount Olive Township Council duly held on June 9, 2009.

Lisa Lashway, Township Clerk



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