The Regular Public Meeting of the Mount Olive Township Council was called to Order at 7:31 pm by Council President Greenbaum with the Pledge of Allegiance.
PLEDGE OF ALLEGIANCE & MOMENT OF REFLECTION for all those who have and continue to protect our freedoms and our way of life.

OPEN PUBLIC MEETINGS ACT ANNOUNCEMENT
According to the Open Public Meetings Act, adequate notice of this meeting has been given to the Mount Olive Chronicle. Notice has been posted at the Municipal Building, 204 Flanders-Drakestown Road, Mount Olive Township, New Jersey and notices were sent to those requesting the same.

ROLL CALL Present: Mr. Tepper, Mr. Buell, Mr. Tobey, Mrs. Labow,
Mr. Perkins, Mr. Rattner, Mr. Greenbaum

Absent: None

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

President Greenbaum: We’re going to go slightly out of order this evening because the School Board is here.
We’re going to deal with the issues related to failed questions two and three. They’re resolutions on the
Non Consent Agenda.

RESOLUTIONS NON CONSENT

11. Resolution of the Township Council of the Township of Mount Olive Denying an Additional Spending Proposal Submitted by the Mount Olive Township Board of Education to the Voter’s Question No. 2, for $485,524.00 at the School Board Election

Mr. Buell: So moved.

Mr. Perkins: Second.

Mr. Greenbaum: It’s been moved and seconded. At this point I would ask, there are representatives here today from the Board of Education. Is there anyone who would like to speak on this issue? I don’t know if it’s going to be you Dr. Fair?

PUBLIC PORTION ON INDIVIDUAL RESOLUTIONS

Dr. Rick Fair: I believe it is.

Mr. Greenbaum: Okay, why don’t you come up. Please state your name and address, or name and position for the record.

Dr. Rick Fair: Hello, I am Dr. Rick Fair, Principal of Tinc Road School and also a Mount Olive resident.

Bonnie Fullam: I am Bonnie Fullam, the Principal of Sandshore School and also a Mount Olive resident.

Dr. Rick Fair: Dr. Lamonte asked me to come before Council tonight to share the rationale for the recommendation, quickly, of why Sandshore School was selected for the trailers to be moved. Twice in the last three years I’ve chaired a committee called the K Facilities Committee to show the growth of the population of students in our district. The first recommendation made several years ago, was about the trailers being moved to Tinc Road, the School where I am currently Principal. Last year we came back after looking at the demographic data in the Fall and recommended that the trailers from the High School, which were the ones subject to the election this year, be moved to Sandshore School. I am just simply here to tell you that the point of the committee was to recommend moving them because the School Board owns those trailers. They did not want to leave them at the High School and they wanted to move them to the location where they would have the potential to serve the greatest need which is why Sandshore School was selected. Tinc Road School, of course, already has trailers in the rear of the building, not to be confused with those on the front side which are older trailers used for maintenance issues. Also, they did not want to leave them at the High School. We selected Sandshore School because it was the most likely to add additional classrooms. It was also a place that would be subject to, most likely, any redistricting efforts which I think has been lost here a little bit. I’ve attended Council before where we discussed Morris Chase as a potential impact upon the student population. CMS is kind of starring down the barrel at that increase in student population. If that comes to fruition as it may or may not, I just was driving through there and saw one house that was built so far. CMS in time will probably not be able to handle the anticipated rise in their population; therefore, redistricting would be necessary. In doing so Dr. Fair (cont’d): we would most likely look at Sandshore School, once again reinforcing why that particular site was selected. Once again it’s a situation where we just wanted to head off the issue of growth and what we do with the growth of the student population. I can tell you that Sandshore School will be able to open next year without a problem. I can tell you that three years from now we might have a problem, or four. We’re not sure. It’s demographic study information. It’s just a matter of; we would have liked to have done it to be quite honest. That’s how I feel about it, having chaired the committee. Having trailers currently at Tinc Road School and seeing that we need, Tinc Road is a must situation! I don’t know if Sandshore is currently in the same situation. Mrs. Fullam will speak to that. I did want to answer…; I did have a chance to talk with President Greenbaum yesterday. We discussed a couple questions that I want to make sure that Council is clear on. The amount seems excessive, $485,524.00. This is information that I have received from Mrs. Decker, our Assistant Superintendent. It is about $200,000.00 more than the cost to place the trailers two years ago at Tinc Road School. The reason is, is the way they were going to set them up. I’m not sure if you are aware, so I thought I just might provide a little light on this. They’re actually going to build a make shift corridor from the trailers that attach to the building for security measures and greater comfort of use. Tinc Road doesn’t enjoy that. My students walk outside even though it’s under a “cabana” kind of thing and enter the building that way. There is access between the trailers and the actual doors to the building that we have to be concerned with security issues. We do have a monitor at the back door and of course we have to track students that way. This was slightly more expensive, or actually significantly more expensive due to safety. So I just want to make sure that you understood that. I can’t go into the details of all the specs, because I don’t know them. I know the amount for Tinc Road seemed excessive but the reality is, in the proposal, the architect’s estimate was really due to student safety issues and certainly convenience. The question came up about a second question. I believe that in my conversations with Mrs. Decker, that next year should we put the trailers once again to the second question; it would take a sixty percent super majority to pass. I believe that’s correct. Another thing that came out in the papers and this is from a personal point of view as well as an Administrator in our town; why they weren’t originally planned for under the general budget? I spoke with President Greenbaum yesterday, I think as a Principal we would have had to sacrifice too many teaching positions, quite honestly. I know that other people have their ideas how to cut money, but I can tell you right now, the sacrifices we had to make to bring this budget in under “cap” were pretty significant. So I can’t imagine what $485,000.00 more would have done. That’s it from me. I’m going to stand here. Mrs. Fullam will share with you what she would have done with the trailers. Then, of course I will take any questions that I can try and answer. I would like to recognize the fact that Dr. Lamonte just entered the room. So, she’s here as well if you need help.

Mrs. Fullam: Thank you, and good evening. I appreciate this opportunity to come before you, to share information with you. In the hopes that down the road, we will enjoy the support of all of the people in town. Mount Olive Township is certainly growing. I have had the privilege of being the Principal at Sandshore School for the past four years. I have seen that school grown in enrollment and we have utilized every creative way to house the students we currently have. Three years ago, Dr. Fair? When the trailers were moved to Tinc Road School, there was consideration at that tome to move them to Sandshore as well. However, the Board of Education, Dr. Lamonte and the Administration took the responsible route and we did in the budget what we absolutely needed to do at that time. And at that time, it was a fact that for a while, Sandshore could function in the current facility. We watched the enrollment grow and as of this date Sandshore School is beyond maxed out with regard to available space. Currently the following programs share available small group rooms. We have reading programs and ESL programs sharing the space. They are not permitted by law to be in that room at the same time, but when one is not in their, the other is. So, we are squeezing them in and making every available minute useful for teaching time. Our resource rooms for special education students and our occupational therapy and physical therapy also share the same space. Our G and T program, that’s out gifted and talented classes take place in the library when it is available. It takes place in various classrooms when students from those classrooms are also at their specials, art, music, library and so on, or in the cafeteria. The gifted and talented teacher has his instructional materials and files in the men’s room that we no longer use as a men’s room. However, next years Sandshore Principal is a man and that may have to change. When our preschool super start program runs for four weeks in May, some G and T classes spend a half hour in one classroom vacated for a special and then move to another classroom that has been vacated for a special. The super start program is a program that is sponsored by our parent group. It is certainly worthwhile in getting those preschool children acclimated to the concept of kindergarten and time spent at Sandshore School. Instrumental instruction and lessons are held in what was once a small girl’s locker room, off the gymnasium or on the stage in the cafeteria when it’s available. Every once in a while music lessons will take place in the Principals office which was the only space available at that time. A room once used as a conference room for the intervention referral service committee and the instructional educational plan committee and other asserted meetings, is now used for basic skills instruction and reading as well. There are times when the IEP meetings need to be held again, in the Principal’s office for lack of any other confidential space. Currently, the lack of space limits choice in activity. And we are in a position where we need to discriminate as to what we can or can not offer due to space limitations. We are hard pressed to find closet space, storage space, classroom space. And we are using every nook and cranny available. So we are certainly maximizing the use of our current facility. The trailers would have been a wonderful thing, because it would have certainly given us some of that breathing space and breathing room. I can honestly tell you this evening, if someone were to come to me tomorrow and say we have a group of children that need this specific instruction, where can we do this? My answer would be, Dr. Fair (cont’d): “we simply can’t.” There is no doubt in my mind that there will be a need, a critical need at Sandshore School specifically and certainly through out the district where we will have to find additional space to house children coming to our elementary schools. So the term is not “Should we move trailers?” The question is “When will we?” As Dr. Fair has stated, the longer we wait, the more expensive it will become. As a Township resident I know it’s coming, I know it’s necessary, and I have been in the position to operate in the school with a team of teachers where we are delivering educational instruction in tight as space as possible. Are we doing it? Yes. The reason for that is because we have a strong staff. However, it certainly is not as pleasant, as easy, as it could be and we are certainly not affording students opportunities that we might have had we had some breathing room. Thank you so very much for your time. Dr. Fair, do you want to wrap this?

Dr. Rick Fair: Are there any questions that we can answer?

President Greenbaum: Does anyone have any questions? Mr. Buell.

Mr. Buell: You’re indicating that this year there is no absolute need for additional classrooms for the K-5 programs. When will there, what year will there be an absolute need for additional classrooms? Is it 2008, 2009? I’m talking the total system, not just Sandshore.

Dr. Rick Fair: Right, unfortunately it’s kind of a year to year thing with the demographic study. My personal belief is two years max. That’s my personal belief based on the data that I’ve seen.

Mr. Buell: Is that the 2008 to the 2009 School year?

Dr. Rick Fair: Yes, sir. I think were going to be in the situation as Morris Chase comes to pass and CMS continues to grow. See, when we focus just on trailers and just on Sandshore…… even though I think Mr. Buell sees what I am saying, it’s a four building issue. It’s a K–5 issue.

Mr. Buell: Yes, that’s exactly what I am talking about.

Dr. Rick Fair: That’s where I foresee us running into some concern. I can give you the scenario currently at Tinc that’s tweaked things. We used to have about 21 children in a first grade classroom. That required five classrooms for current enrollment. Due to the need to come under cap and increasing first grade class size to twenty five, perhaps twenty six, now you only need four classrooms to house the same number of children. In effect, that solves your space issue temporarily, but it’s almost harmful to your educational issue, because first grade is the most demanding academic grade there is which is the one I always preach about. That’s taking place in all of our elementary schools. A second factor is a rising increase in our special education population. When someone says a classroom should hold 22, 23, 24 students and you have enough classrooms to do that, if you do the math; the math does not incorporate elements of program. A resource room for example, a special education class maxes out at eight children. So, they may be in a space suited for 25 but by law you can’t use it for 25. Those are issues. I was actually, two weeks ago, thinking I don’t know if I’ll only need one of my existing classrooms of the four that the trailers currently have. Well due to the special ed program alone and the need to find two more special ed teachers, I now need to find two more spaces. So now all of a sudden I’ll need three classrooms out there for some function. It’s not as cut and dry as people want to make it. There’s a thing called functional capacity, total capacity and some other questions that way. To answer your question, the way things were going when I spoke to the Council in the Fall, I was more nervous than I am right now because I’ve seen Morris Chase not take off as fast as we thought it would. We all realize the real estate market has kind of softened up. Maybe people aren’t coming in as quickly. I think in the future, as Mrs. Fullam said, we will relocate those trailers. The most likely site will be Sandshore and it will cost more money, that’s guaranteed.

Mr. Buell: So what you’re saying is that there is a good probability that not this year but in 2008, starting in September, you’re going to need at least one or two of those classrooms just to have adequate space within the district?

Dr. Fair: Based on the way things are going, yes sir.

Mr. Buell: The question is, and I understand at this point in time the School Board is prohibited from spending any money to move these trailers during the 2007 – 2008 calendar year. So, the first time that you could actually begin to move these trailers, if I’m right, would be to think about planning to move these trailers would probably be June of 2008.

Dr. Fair: We’re a full year away again from the discussion.

Mr. Buell: If you need those trailers in September of 2008, how are you going to get them up to Sandshore School from the High School through the planning process, the bidding out process and getting those trailers in place by September 1st or thereabout 2008?

Dr. Fair: Wow, you put yourself behind the eight ball. I think it can be done. Only because it was done at Tinc. They can move them fairly quick. The big difference is, and I have to yield to a little bit of ignorance because I don’t know, when we did it at Tinc, they did not come until August but because the only requirements, and we already had a spot where we had trailers previously before, was the building of some decking and a roof. When you talk about construction of a secure corridor, I think that takes it up quite a bit in terms of time and planning. So the issue of time becomes even more relevant because it requires more work. I do anticipate probably a year from now we’ll have that need. The reason why I mentioned the special education issues is because they are unforeseen. My special education population alone jumped about twenty students this school year. Well, in most program design that’s at least one classroom and perhaps two, although my overall student population didn’t increase.

Mr. Buell: Let me just cut to what I’m really dealing with. If you need those class rooms in 2008, September 1, based on the fact that by law the School Board is prohibited from spending any money; which means that you can’t even do the design, you can’t do the development of the bid specs, you can’t then advertise the bids, and you can’t get those out to bidders until after some how you have permission either from the voters and or from this Council to provide those dollars enough to allow you …even to begin the planning process. In all likelihood you would not have those trailers up at that school until mid January 2008 or 2009. Remember, you have to go out to bid, you have to develop the bid specs, you can’t do anything in terms of really truly architecturally, engineering, designing of these trailers until after you have some approval.

President Greenbaum: Is that a question Jim? Or is that a statement?

Mr. Buell: It’s a question and a statement all at the same time.

Dr. Fair: I’m fifty percent in agreement and fifty percent not sure in all honestly. I’ve seen it done at Tinc, but it was a smaller project. The problem is that we would be here even if it passed next year from right now, just going out to bid as Mr. Buell said, but we’re bidding a bigger project with more components. So it may take longer, so it may take an extra two months. Even with things in place at Tinc Road School two years ago, we did not have them fully up and operational until around the first of October. So when you talk about building a corridor and doing other site work, he could easily be right.

President Greenbaum: You know that I have to tell you that it always amazes me that whenever a decision is made monetarily, it always comes back to where we would have to cut too many teachers and it would affect the kids. That’s what the people out there are saying. A lot of them I don’t think really understand the issues except that it seems to be a lot of money to move these trailers, and it went down. I understand the issue, and I personally voted in favor of the question. Not withstanding that, and I have always maintained the position that it is the School Board’s sole discretion as to how to spend their dollars, once they get it approved. It’s not the Council’s. We sit here when the budget fails and we decide what the tax rate is going to be with respect to the School. What if I said to cut x, y, and z and they decide to cut a, b, and w, so be it. That’s what they’re elected to do and that’s within their discretion and I respect that. Now, last year we cut certain things out of the budget and they decided to move forward. One was the paving of the bus garage parking lot which probably was needed at the time or at least part of parking. You know what, maybe some forethought should have been given at that point in time. Maybe we can’t move forward with this paving and maybe we need to move the trailers, or maybe we have too many Administrators in one particular position. I don’t know. It’s not within the area of my specialty. It’s not within the area of what is delegated to me. That is within the School Board. Ultimately when the question was separated out of the school budget, a decision was made on priorities and there were other priorities which were more important this year then the moving of those trailers otherwise that would have been included. I understand as we discussed that it’s a big number. It’s easy to take a big number out than it is to take out a lot of small numbers, I understand that, but if it was so incredibly needed this year, then it would have been included in. The fact that it failed, it leaves us in a bad position to put it back in. I’ve expressed that from the beginning. I think I speak probably for the majority, if not the entirety of the Council sitting up here. We understand the issue; it’s just not something I think is going to happen this year. I can appreciate the fact that you’re here telling us what the problems are. I would hope that the residents of Mount Olive are listening and that next year when this is put out there again, that they will understand that there is an absolute need to pass it. Otherwise, there will be no space left for teaching the children in the schools. If we don’t move the trailers or find some other temporary solution, we are going to be building a new school at some point in time. I understand exactly what you’re saying. Each year that we put it off, it’s going to become more expensive to do and it’s going to become a bigger problem. Jim certainly pointed out some of the issues that we’re going to have to deal with now because it went down this year. The fact is that it did go down and I think that Council’s inclined not to put it back in. Any other questions or comments? Mr. Perkins.

Mr. Perkins: Thank you Mr. President. I just had a question on Sandshore School. Was it called special start for the pre-kindergarten…..?

Mrs. Fullam: The “Super Start Program.”

Mr. Perkins: Super Start, and that’s the parents group?

Mrs. Fullam: Our Sandshore Home and School Partnership collaborates with the school itself so that we can provide a four week opportunity for children that would be coming to Sandshore School next year or in the fall as kindergartners. It’s a program that has run for several years. Very successful, and it certainly helps those children transition to school next September.

Mr. Perkins: So, those children didn’t attend something like the Mount Olive Child Care and Learning Center, they…

Mrs. Fullman: They may or may not have. This is a program specifically to transition into the Sandshore School kindergarten environment. So these are children that are going to come to Sandshore as kindergarten students next year. It’s simply an opportunity in addition to or aside from whatever they might be doing now as preschoolers.

Mr. Perkins: Who pays for that?

Mrs. Fullman: Our Home and School Partnership takes care of all of that.

Mr. Perkins: So, how many children approximately?

Mrs. Fullman: Upwards of 70. It’s very well attended and it’s a credit to the SHSP. They’ve established a reputation on this style of a program. They work with us but they foot the bill for the materials, supplies, that kind of thing.

Mr. Perkins: Okay, thank you.

Mrs. Fullman: Thank you for asking.

President Greenbaum: Any other questions or comments? Anyone from the audience? Dr. Lamonte, if you would be so kind. You have to state your name and position for the record please.

Rosalie Lamonte, Superintendent of Schools, Mount Olive Township: I would really like to thank the Council for considering the two separate proposals. I know that it’s a very difficult discussion, but I would like to put one word in your minds and that is the word “proactive.” The School district is often criticized for not looking ahead and planning. We are trying very hard to be proactive in a Township that is growing before our very eyes. Moving the trailers to Sandshore is part of being proactive and looking ahead at the enrollment needs for the entire district. The two trailers that are currently at the High School will need to be moved off the High School. They are a solid asset, they are Board owned and obviously we would like to use them to their fullest capacity in educational ways. So obviously moving them to a place where they can be used for instructional space, a variety of kinds, is really the best use for them. So I would just like to leave that with you. I think we’ve responded to some questions you had about why the question was put out as a separate proposal. That was obviously because we needed to be under “CAP” and since this was not an immediate need we said, “okay” thinking about being proactive, let’s put it out as a second question. Hopefully we will be able to have people understand the need for it and the need to look ahead. We will absolutely have to do this project the following year. So, I just wanted to help you understand that a little bit more. I would be happy to answer any other questions you might have.

President Greenbaum: Thank you, I don’t know if anyone has any additional questions? Thank you, anyone else from the audience? We’ll start with the gentleman in the back. Please state your name and address for the record.

Doug Smith, Budd Lake Heights Road: Pursuant to a presentation that I was present at with Dr. Lamonte, I have a handout I’d like to have everybody give a quick look at if possible. It’s a future look at the advancement and growth of Sandshore. It’s pretty much, instead of utilizing the trailers which are storage trailers, converting them to a living space / classroom. I had given this information to Dr. Lamonte. I think the best course of action would be to obtain or rent a pre-made modular classroom that is already wired, air conditioned, set up, ready to go. It will be a one stop shop, plug and play. All the companies that are involved in this will set up foundations for the trailers. They will do the complete hookup, disassembly if they need to when the timeframe is over for the usage. Purchase of them are readily available, of course for bid, everything is out for bid. I think as a course of action for planning in the future, instead of doing a conversion of a trailer to a class room, I think the best course of action would be to obtain a classroom that is already made and just drop it in place. Three weeks, four weeks because the foundation would have to be poured and then a walk way would have to be made as opposed to going through subcontracting out the HVAC, the electrical, all the other stuff, the foundation work. You’re going to have a lot of administration business involved in one aspect when you can just go to one particular company, obtain everything there, tell them when you need it. Once you get a bid Smith (cont’d): approved, just go and tell them you need it now and with in three weeks it can be done. Instead of having to do the architectural process, bid out process for all the other aspects of it, one person happens to delay the other, then that snowballs the effect of the timeframe of completion. It’s all ready to go. This is more for the future planning to help out. I’m very much aware that there’s a need for the improvement because of the growth. I think an alternative plan of the transformation of the trailers is better suited by direct purchase of the preexisting system.

Mr. Greenbaum: Thank you very much. Mr. McDonnel, name and address please.

Ned McDonnel, Budd Lake: I think you all know my thoughts on this well but I’ll repeat some of my comments. The School Board certainly didn’t make a good case to the public for the need for these trailers. The residents wonder how it can cost that much to move two trailers and would that money be better spent on permanent construction. Well, all that aside as far as the cost, I think it’s a bit arrogant of the School Board to come up here and whine about how they need this money all of a sudden even though the voters, very clearly told them that they’re not going to approve it. I see no reason whatsoever that this Council should thwart the concerns of the voters who took the time to look at the issue and go up there and vote. I also heard people say, “Well not that many people in the Township vote in the School Board elections so it isn’t really that many people that would disapprove it.” Well, be that as it may, the people that did go to vote are the ones that should be listened to. If you don’t vote, you don’t have a good reason to discuss it. If it was so necessary, you should have put it in the regular budget and cut other things. You can’t have your cake and eat it too. You can’t have a budget and then a surcharge on top of the budget just because you want to get around the cap. I really strongly urge this Council to refuse to restore these funds, thank you.

President Greenbaum: Thank you, Mr. Russell? Name and address please.

Nelson Russell, Budd Lake: A question for the Board is, what happens to the trailers now if they have to be removed from the High School?

Dr. Lamonte: The trailers will remain on site at the High School and we will probably use them for custodial storage, currently. We have them as an asset, so we do want to use them. They will not be used for instructional space at the High School.

President Greenbaum: Anyone else from the public? Yes, name and address please.

Cindy Armstrong, Vasa Drive, Budd Lake: I’m also a bus driver in town. Part of our fears on putting this money back in is that you’re going to have to come up with $500,000.00 to cover it. Does that mean that the bus driver’s jobs are back on the chopping block?

President Greenbaum: No, if we put money back in it would simply change the tax rate that the tax payers of Mount Olive would have to foot. It would be an additional amount of dollars on top of the budget which was already approved and that’s why it was put out as a separate question to get beyond the cap that the State imposed. So, it wouldn’t necessarily, now I say this with the caveat that I said before, which is that the School Board has the right to decide how best to spend the money that’s been allocated.

Miss Armstrong: Okay.

President Greenbaum: So, once the School Budget passes and there is a pot of money which is now available for educating the children and providing all of the necessary services, it is within the School Board’s prerogative and right to determine how best to spend that money. So if they made the determination, which I understand they have not, to outsource busing, then they could do that irrespective of the amount of money that was provided. This really does not have an impact on their decision making process with that issue.

Miss Armstrong: Even though our numbers are in the budget for this coming school year?

President Greenbaum: Well, my understanding, Rosalie, is that this year you’re not looking to outsource the bus?

Mrs. Lamonte: No.

President Greenbaum: So it’s a non-issue as far as the bus drivers are concerned.

Miss Armstrong: Okay, because I can speak for all 56 of the drivers. This is offending everybody like nuts. So, on the other side it needs to be cleared up on that end too.

President Greenbaum: I think that the bus drivers have the misconception as to what is really happening here. I really didn’t understand that and I know that you guys were here last week and they were concerned about it. President Greenbaum (cont’d): This would be an additional pot of money solely for the moving and the refurbishing of the trailers if it were approved. It would not be putting it back in and taking away from some place else.

Miss Armstrong: Okay, then I can go to them tomorrow. Thank you very much.

President Greenbaum: Yes sir, Mr. Miller if you would be so kind to state your name and address for the record.

Stan Miller, 29 Deerpath Drive: If the additional half a million dollars is necessary to be drawn from the taxpayers of Mount Olive, what does it translate per home as far as additional cost? Have we ever done a factoring of a half million dollars per household?

President Greenbaum: I assume it’s two cents; it’s about two and a half cents?

Mr. Rattner: Two and a quarter.

President Greenbaum: Two and a quarter cents per hundred of assessed value. So the average home, what are we talking about, forty or fifty bucks on the average home? How was that Sherry?

Mr. Tepper: He’s getting good at it, isn’t he?

President Greenbaum: Mr. Ireland, please state your name and address.

Scott Ireland, 6 Eric Court, Flanders: Just out of curiosity, if the need is more acute in the out years, 2008, 2009 as we’ve heard, and the threshold goes up to sixty percent next year; what happens to that vote? Does it go back to fifty, or what happens then?

Mrs. Lamonte: Are you talking about…

Mr. Ireland: If you put this out next year, and you need a threshold of sixty percent to pass it…

President Greenbaum: The laws are changing, so it would be sixty percent on a going forward basis until the law changes again.

Mr. Ireland: You would always need sixty percent?

President Greenbaum: Yes, the State is changing what the School Boards can do. In other words, they are making it more difficult to get around the cap.

Mr. Ireland: You’re telling me they’re going to need sixty percent, thank you.

President Greenbaum: Go ahead; again just state your name.

Rosalie Lamonte, Flanders, NJ: I just want to give you an idea of the amount of money. The average household would have seen about a $27 increase for that trailer relocation. However, it is a one time assessment. That is not a repeated assessment year after year after year. So, I did want to clarify that for you.

President Greenbaum: Okay, I don’t know how you arrived at 27 because….

Mrs. Lamonte: That was our figure, 27.

President Greenbaum: Just the way that we figured, it’s a cent per two hundred thousand. So, you’re talking about two and a quarter cents per a hundred assessed value. Okay, anyone else from the public? Seeing no one else from the public, any other Council comments? Mr. Buell.

COUNCIL COMMENTS ON INDIVIDUAL RESOLUTIONS

Mr. Buell: Can I make a motion at this point in time?

President Greenbaum: You most certainly can.

Mr. Buell: Then I motion to amend the Resolution to add the words, “Except for to provide up to $25,000.00 for the Mount Olive School Board to consider other options to prepare the necessary engineering, architectural designs, estimates and to prepare site plans, bid specifications and put out to bid and bid the movement of the trailers to Sandshore School.”

President Greenbaum: That raises a legal issue. My understanding Jim was that we could do one of three things. We could add the money in, we could not add the money in, or we could add in a certain amount of money which could be used to fully complete part of the portion of the task which was voted on by the voters. I think that you subdivided it in such a way that you now are not completing the task which the voters voted on. In other words, in question number three there were five or six different options that were available. So you could say that were going to add in ten thousand dollars to hydroseed the Middle School athletic field. Here what you’re really doing is not completing the task. You’re kind of changing the question.

Mr. Buell: I’m completing part of the task that is necessary to do.

Mr. Dorsey: No, no, you can’t do that. It’s a whole different purpose.

President Greenbaum: The legal purpose is any restoration granted by the Municipality which is less than that contained in the original question must be sufficient to carry out the specific purpose or purposes as described in the separate question or questions. So the answer is you can’t do it. So the motion will die on its own. Any other Council comments? If not, were going to do a Roll Call. A vote to yes is to not restore. The motion which is on the floor is number eleven under non consent which is not to restore. So if we vote yes to eleven it will effectively kill twelve.

ROLL CALL: Passed Unanimously

President Greenbaum: Eleven passes which means there will be no restoration with respect to question number two. We’re going to pull number twelve which was the alternative that I had put in pending further discussion.

12. Resolution of the Township Council of the Township of Mount Olive Authorizing the Restoration of $485,524.00 to the Board of Education’s General Fund Pursuant to Question No. 2.

President Greenbaum: We’re up to number thirteen at this point.

13. Resolution of the Township Council of the Township of Mount Olive Denying an Additional Spending Proposal Submitted by Mount Olive Township Board of Education to the Voters Question # 3 at the School Board Election.

Mr. Tobey: I move Resolution #13.

Mr. Perkins: Second.

President Greenbaum: Moved and seconded any public discussion on question number three, thirteen. Seeing none, I close it to the public.

Mrs. Labow: Thirteen.

President Greenbaum: Question number three, Resolution number thirteen, thank you. Just so the record is clear. Any Council discussion? Roll call, please.

ROLL CALL: Passed Unanimously

President Greenbaum: Thank you, we are going to go back to our original Agenda at this point in time. I’m just going back to the beginning. I started with Resolutions. Why, do you have something different?

Mrs. Lashway: There are three Resolutions.

President Greenbaum: There are three Resolutions. There were two Resolutions denying and one approving because I didn’t know how people were going to vote on question number two.

Resident: Inaudible 8:16

President Greenbaum: That was the next Resolution, that was twelve.

Mr. Tepper: Once eleven passed, twelve was removed.

Mr. Rattner: We had both on the Agenda deciding which way we were going to go.

Resident: Okay, not knowing the order…
President Greenbaum: Yes, we denied the restoration, on both questions number two and question number three. It was a little confusing because I wanted to make sure that we had both on in case we had to deal with one or the other. There wasn’t a straw vote; no one was in favor of restoring on question number three. So it’s easy to put just one Resolution on for discussion. Question number two, Mr. Buell wanted some additional information and so I did it in an alternative fashion. Okay, moving on with the Agenda.

Questions on Bill List?

President Greenbaum: Does anyone have any questions which have not previously been submitted and answered? Seeing none, I move on to Approval of Minutes of Previous Meeting.

APPROVAL OF MINUTES OF PREVIOUS MEETINGS

April 24, 2007 PM
Present: Mr. Tepper, Mr. Buell, Mr. Rattner, Mrs. Labow, Mr. Tobey, Mr. Greenbaum
Absent: Mr. Perkins

May 1, 2007 CS
Present: Mr. Buell, Mrs. Labow, Mr. Greenbaum, Mr. Tobey, Mr. Tepper, Mr. Perkins
Absent: Mr. Rattner

President Greenbaum: Mr. Buell do you want to move those please?

Mr. Buell: I move the Minutes of April 24th and the Closed Session of May 1st.

Mr. Tepper: Second.

President Greenbaum: Any discussion, deletions, comments, revisions? Seeing none, Roll Call please.

ROLL CALL: Passed Unanimously with the exception, Mr. Perkins abstained on April 24, 2007, and Mr. Rattner abstained on May 1, 2007

CORRESPONDENCE

LETTERS FROM RESIDENTS / ORGANIZATIONS

1. Letter received April 30, 2007, from Richard Sweeney regarding zoning of property at Block 8200, Lot 5 (358 Route 46).

2. Letter received May 2, 2007, from Phyllis Shelton regarding the benefit of sewers to Flanders.

3. Information received May 4, 2007, from the Mount Olive Area Chamber of Commerce regarding the May business meeting.

RESOLUTIONS / ORDINANCES / CORRESPONDENCE OTHER TOWNS

4. Resolution received April 30, 2007, from the Township of Parsippany Troy Hills regarding support of the Cigarette Fire Safety and Firefighter Protection Act.

LEAGUE OF MUNICIPALITIES

5. Letter received May 3, 2007, from the New Jersey State League of Municipalities regarding the New League Pamphlet.

MUA / MSA

6. Letter received May 2, 2007, from Robert Beinfield regarding Application to the Local Finance Board relating to the financing of Authority Wastewater Treatment and Solid Waste Disposal Projects.

DOT / DEP / LOI / HIGHLANDS

7. Letter received April 26, 2007, from the State of New Jersey, Department of Environmental Protection regarding International Trade Center Active Adult Community Block 105, Lot 1; Block 105, Lot 3; Block 202, Lot 1 (250, 30 & 2000 Continental Drive) Sewer Extension.

UTILITIES

8. Letter received April 23, 2007, from Verizon regarding a “dedicated control line.”

9. Letter received May 3, 2007, from Comcast regarding TVG, HD PPV Additions.

MORRIS COUNTY

10. Letter received April 24, 2007, from the Morris County Community Development regarding funding for Budd Lake Drainage.

11. Minutes received April 25, 2007, from the Morris County Planning Board regarding March 15, 2007 Meeting.

LEGISLATIVE REPRESENTATIVES

12. E-mail received April 20, 2007, from Congressman Frelinghuysen regarding Flooding Strikes Northern New Jersey; Tragedy at Virginia Tech, Tax Day is Bittersweet, and Frelinghuysen Welcomes Astronaut to Northern New Jersey.

13. E-mail received April 27, 2007, from Congressman Frelinghuysen regarding Disaster Declaration for Morris County, Emergency Supplemental Conference Report, NASA Astronaut Visits 11th Congressional District, House passes Measures to Boost Math, Science and Engineering, League of Arab States/Darfur and House marks National Garden Month.

DCA

14. E-mail received April 23, 2007, from the Department of Community Affairs regarding State Emergency, Records Direct, OPRA seminar, Contracts Notice for Public Employers, COAH Outreach Sessions, Historic Preservation Seminar, Ethics Seminar, PAMS Newsletter, NJ 911 Commission (release of grant
applications), IRS Taxable Fringe Benefits guide, Sales Tax Collections, GIS Training, Guidance on GASB 45, and Senior Citizen Property Tax relief information.

MISC

15. E-mail received April 23, 2007, from the National League of Cities regarding Leadership Training Seminar.

16. Proclamation received April 24, 2007, from the State of New Jersey Executive Department, Office of the Governor regarding Municipal Clerks Week.

COAH

17. E-mail received April 20, 2007, from the Department of Community Affairs regarding COAH Outreach Sessions.

President Greenbaum: We’re up to Correspondence. There are seventeen pieces of Correspondence. Does anyone wish to discuss any particular piece of Correspondence? Mr. Buell.

Mr. Buell: Number two.

President Greenbaum: Go ahead.

Mr. Buell: A letter from Phyllis Shelton regarding the benefits of sewers in old Flanders. I can say personally, I’ve talked to many of the residents in old Flanders, not just on Park Avenue where she lives but on West Grover Street and Bent Street and all of those streets in that area including Main Street and they’ve all expressed very similar sentiments to Phyllis Shelton. I think at this point in time I think it’s almost impossible under current conditions to provide those sewers. I think we should respond to that letter in the same fashion.

President Greenbaum: I saw that there was a response from the Administration and from Tim Quinn. Mr. Sohl?

Mr. Sohl: Mr. Quinn spoke directly with Miss Shelton. I mean there’s no money on the table anywhere to do that, it’s as simple as that.

President Greenbaum: Is there available sewer capacity anywhere down in the old Flanders area, where even if we had the money it could be accommodated? You don’t know the answer to that question?

Mr. Sohl: I don’t have an answer.

Mr. Tepper: It would have to go all the way down to where Flanders Crossing is.

President Greenbaum: Tim, I understand there is a reserved amount of space for …Mr. Rattner?

Mr. Rattner: After Flanders Crossing was being built, the Township made sure that the stub for the sewer to sewer old Flanders came out of that emergency access road with that express purpose. Not that we were going to go in at the time, but we knew that in the future we’d have to plan it. It’s a high water table area with very old septics. We told the people that it would come some time. They got all excited when they heard about St. Elizabeth Seton hooking in, but that’s a pressurized system and they can’t hook into that. Normally the way the law works is if you have a sewer line pass in front of your house, you have an absolute right to hook in but a pressurized system is something else; that’s considered a main. When you start coming to the gallonage, the funds that it would come from would be from a special assessment. No different then what happened in Budd Lake when you come up with the pipe line. I know that’s something that the people have been waiting for and, in fact, that stub was a response. Chuck McGroarty made sure it was in the developer’s agreement from the residents of Flanders saying your building in my back yard, we need the sewers, it was never up here, now it’s getting closer and in the future we want to see some hope. So I think we do have to look at it, look at the feasibility, and look at if it makes sense from an environmental standpoint. We have that tributary, that the County is doing a nice job of building a brand new bridge. What we are going to have is failing systems in the future. We have fifty foot lots. None of those houses can put in a replacement septic system under today’s standards. So, that becomes a real serious problem for the people that live down there. The worst thing that can happen is that we force people out because they cannot live in a house with no septic system.

Mr. Buell: The people I’ve talked to Steve, realized that they would have to pay an assessment, similar to what they do at Budd Lake. The question is, does the capacity exist and can we get permission from the DEP to do it? I think there is every reason to do it.

President Greenbaum: I think it’s in the sewer service area and I think that the capacity does exist.

Mr. Rattner: I’m not sure if it’s in our sewer service area but we have to look at it and it would be a long process and then we’d have to get the funding. The thing is, how may units we could actually hook in? There’s a lot of properties down there, a couple of businesses and you really don’t know how much is there. You have the issue that just because you have capacity, when you hit 80% there are certain regulations from the DEP, at 90 you’re really supposed to stop until you come up with a plan because you have to go for the maximum. I think that we do owe it to those people to say that we’ll be looking at it. If capacity is there, the funding would be on the user, not anybody else. See what the implications are. If you can say it would solve a current or possible health situation, that’s the only time… even in the Highlands Preservation Zone there is a waiver for health purposes.

President Greenbaum: Okay, any other comments on Correspondence, Mrs. Labow?

Mrs. Labow: This whole thing, can we go a step further and start to just check it out and notify all of the residents instead of just the one who came forward? It’s seems to be a question that everybody has.

President Greenbaum: I think what you need to do is to determine whether or not it’s feasible. What would be involved if we were to move forward with that? I would leave that to the Administration. Would it require funding on our part which we don’t have currently and what would the steps be that would be necessary to get the ball rolling on this similar to the way it was done in Budd Lake?

Mayor Scapicchio: I think the first question that needs to be answered which we can find out in house is whether or not we have the capacity at the Clover Hill Plant. I believe that just based on past experience that with what is already allocated we were almost at capacity at that plant. So the first question that needs to be answered is “What is the capacity?” We can find that out, and then Council needs to give us a direction in terms of what you want us to do next.

President Greenbaum: Well, I think I’ve given you the direction. Which is what would be involved in terms of initiating that process? Mr. Rattner.

Mr. Rattner: I think our sewer utility is very healthy for doing the feasibility; the first step is there. I think before we go to the people, we have to look at what is practical. There may be some issues that make it very hard when you cross a stream or something like that, you may not get approval. Secondly, you get a rough estimate of what it would cost so you can tell the people, yes it is possible but it’s going to cost you $10,000.00, Mr. Rattner (cont’d): it’s going cost you $12,000.00 plus your hook up. So I think just going to them and saying we’re looking at it doesn’t say much. We’d have to say yes, we can look at it and this is what it’s going to cost you. Looking at what’s around, it could be anywhere probably from $5,000.00 to probably $15,000.00, $17,000.00 easy, as an assessment per EDU.

President Greenbaum: I think you need to put together the preliminary information so that we can decide whether or not it’s something we want to bring to that part of town.

Mrs. Labow: One other part to that question, I don’t know what Roxbury does in building streets, if they have septic or sewers there? I know in Hackettstown, Hackettstown residents are actually MSA…

Mr. Rattner: MUA (HMUA).

Mrs. Labow: MUA. Find out if we can’t have the capacity, maybe Roxbury would. So we could have two options, so we could take care of it all at once.

ORDINANCE FOR PUBLIC HEARING

President Greenbaum: Thank you, any other discussion? I’m going to move on to Ordinances for Public Hearing. The first Ordinance for Public Hearing is Ordinance #21-2007 entitled:

Ord. #21-2007 An Ordinance of the Township of Mount Olive to Amend and Supplement Chapter 400 Entitled “Land Use” Section 18 Entitled “Fees” of the Code of the Township of Mount Olive.

President Greenbaum: At this point in time I would open it up to anyone from the Public who wished to be heard on Ordinance #21-2007. Seeing none, I close it to the public. I would ask Mr. Tobey to please move Ordinance #21-2007.

Mr. Tepper: Weren’t we going to continue that?

Mrs. Lashway: Planning Board won’t meet until after…

President Greenbaum: Okay, we’re going to continue the Public Hearing on that until May 22, 2007.

Mr. Dorsey: Let Mr. Tobey make the motion to continue the Public Hearing until May 22, 2007.

President Greenbaum: Mr. Tobey, would you make such a motion please?

Mr. Tobey: I move to continue the Public Hearing on Ordinance #21-2007 to May 22, 2007.

Mr. Tepper: Second.

President Greenbaum: Any discussion? Roll Call please.

ROLL CALL: Passed Unanimously

President Greenbaum: The next Ordinance for Public Hearing is Ordinance #22-2007 entitled:

Ord. #22– 2007 An Ordinance of the Township of Mount Olive Establishing the Name of a Portion of that Which is Known as Madison Avenue Rather Then Elias Drive as Disclosed on Filed Subdivision Map No. 5794.

President Greenbaum: Anyone from the public? Seeing none, I close it to the public. I ask Mrs. Labow to move that for approval.

Mrs. Labow: I move Ordinance #22-2007 for approval.

Mr. Rattner: Second.

President Greenbaum: Moved and seconded. Any Council discussion? Roll Call please.

ROLL CALL: Passed Unanimously

President Greenbaum: Ordinance #22-2007 has passed on second reading and I hereby direct the Clerk to forward a copy of same to the Mayor and publish the notice of adoption as required by law. Next Ordinance for Public Hearing is Ordinance #23-2007 entitled:

Ord. #23-2007 Bond Ordinance Amending Bond Ordinance Numbered 34-2006 of the Township of Mount Olive, in the County of Morris, New Jersey in Order to Amend the Source of Funding of the Project (Mandelbaum).

President Greenbaum: Anyone from the public? Seeing none, I close it to the public. I would ask Mr. Perkins to please move that for approval.

Mr. Perkins: I move for adoption and final passage of Ordinance #23-2007.

Mr. Buell: Second.

President Greenbaum: Moved and seconded. Any Council discussion? Roll Call please.

ROLL CALL: Passed Unanimously

President Greenbaum: Ordinance #23-2007 has passed on second reading and I hereby direct the Clerk to forward a copy of same to the Mayor and publish the notice of adoption as required by law.

CONSENT RESOLUTIONS AGENDA:

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

CONSENT RESOLUTIONS

1. Resolution of the Township Council of the Township of Mount Olive Endorsing the Proposed Morris County Solid Waste Management Plan Modification Request by Veolia Environmental Services for l Eden Lane, Mount Olive.

2. Resolution Requesting Approval from the Director of the Division of Local Government Services for Insertion of a Specific Item of Revenue into the 2007 Municipal Budget ($6,049.00 for the Public Health Priority Funding Grant).

3. Resolution Requesting Approval from the Director of the Division of Local Government Services for Insertion of a Specific Item of Revenue into the 2007 Municipal Budget ($12,500.00 for a COPS Universal Hiring Grant).

4. Resolution of the Township Council of the Township of Mount Olive Awarding a Contract to OCS Printing and GraphiColor for Printing Services for 2007-2008.

5. Resolution Requesting Approval from the Director of the Division of Local Government Services for Insertion of a Specific Item of Revenue into the 2007 Municipal Budget ($16,207.37 for Drunk Driving Enforcement Fund)

6. Resolution of the Township Council of the Township of Mount Olive Authorizing Materials and Equipment for Emergency Stabilization of the Seward House.

7. Resolution of the Township Council of the Township of Mount Olive Authorizing Professional Services for the Environmental Assessment of the Exception Area of Blue Atlas, Block 4500 Lot 8.

8. Resolution of the Township Council of the Township of Mount Olive Authorizing Professional Services for the Environmental Assessment of Blue Atlas, Block 4500 Lot 8.

9. Resolution of the Township Council of the Township of Mount Olive Authorizing Professional Services for the Survey of Blue Atlas, Block 4500 Lot 8.

President Greenbaum: We’re going to take #10 and move it to Non Consent. Does anyone wish to have #1 through #9 removed? Seeing none, I would ask Mr. Tepper to move Resolutions #1through #9.

Mr. Tepper: Thank you Mr. President. I move Resolutions #1 through #9.

Mr. Buell: Second.

PUBLIC PORTION ON CONSENT RESOLUTIONS

COUNCIL COMMENTS ON CONSENT RESOLUTIONS

Mr. Rattner: I have a clarifying statement.

President Greenbaum: Yes.

Mr. Rattner: I will be voting affirmatively for Resolution #6. However, this is the last one of these that I will vote for. Last Fall we voted for an emergency so we could bypass the bidding laws to stabilize the Seward House and that we definitely wanted to do. Well, the work was not done before winter set in. The purpose of the emergency wasn’t satisfied. We were told it would do irreparable harm if it went through the winter without it being stabilized. Most of the work was done after the short winter we had. Now we’re adding another $10,000.00 and saying it’s an emergency. I’m really not sure what the issue is. If we’re in the middle of something, I don’t have a problem with it. Going forward I just want to let it be known, let’s do it the proper way. Let’s really go out and look around, get other bidders or that type of thing coming in. Thank you.

President Greenbaum: Thank you, any other comments? Roll Call please.

ROLL CALL: Passed Unanimously

RESOLUTIONS NON CONSENT

President Greenbaum: Okay, we’re up to Non Consent Resolutions. The first one is Resolution #10 which we just pulled.

10. Resolution of the Township Council of the Township of Mount Olive Awarding a Contract to Benkindorf of Mine Hill, New Jersey in the Amount of $79,975.00 for the Installation of Handicap Parking Spaces, Driveway Work at the Township Library.

President Greenbaum: Mr. Tepper, do you want to move that please?

Mr. Tepper: Yes, Mr. President I move Non Consent Resolution #10.

Mrs. Labow: Second.

President Greenbaum: It’s been moved and seconded. Is there anyone from the public who wishes to be heard? Seeing none, I close it to the public. Any Council comment, Mr. Rattner?

Mr. Rattner: If it was discussed last week, then I apologize and I’ll withdraw my questions. This was a late receipt. I don’t know what was actually agreed to. I know that the first bid we negotiated and now we’re down to $79,975.00 negotiated. The Resolution itself that we have in our packets, has the blanks. Saying this is what’s going to be done…

Mr. Dorsey: No, Lisa has the information to fill in the blanks. We just got those from Mr. Miller this evening. It specifies the plans and specifications.

Mr. Rattner: Wouldn’t it be good if we looked at it so I know what I’m voting on?

Mr. Dorsey: It’s right here.

Mrs. Lashway: You want to see the plans?

Mr. Rattner: Yes, you ask me to vote on something, I don’t know, maybe Stan if you could explain real quickly because I know there were a couple different things. I’m not sure what was finally decided. You want the plans to say what you’re doing?

President Greenbaum: They’re paving the parking spots with gold, Steve.

Mr. Rattner: Pretty close, it’s only two spots.

Stan Miller, 29 Deerpath Drive: Mr. Rattner, I’m not an architect.

Mr. Rattner: I know that, but what is it you agreed to do?

Mr. Miller: Essentially, there are the additional two handicapped parking spaces at the request of a couple of citizens in town. Two years ago…

Mr. Rattner: Where’s the spot going?

Mr. Miller: Closer to the building, to the immediate…

Mr. Rattner: Is it on the circle or is it adjacent to the building?

Mr. Miller: Ah, it’s off the circle itself.

Mr. Rattner: Okay, so you’re crossing it. So, you’re putting two spaces in?

Mr. Miller: Two spaces in.

Mr. Rattner: On the circle.

Mr. Miller: With an additional walkway and a step up from the lower portion of the driveway of the parking lot, up through to the new parking spots.

Mr. Perkins: It’s not by the front door Stan?

Mr. Miller: There’s an additional widening of the apron as well as two ramps that will be there as well sir.

Mr. Perkins: Right at the front door?

Mr. Miller: Correct, with a curb cut.

Mr. Rattner: Okay, so part of the reason why it’s expensive is you’re digging up some of the sidewalk plus going in and putting the base, putting the spots in the front.

Mr. Miller: That’s correct, any other questions?

Mayor Scapicchio: How many bids did we get? Do you have the information with you?

Mr. Miller: Yes sir I do.

Mayor Scapicchio: Mr. Rattner was absent at the last meeting, could you please share that.

Mr. Miller: Okay, I’ll run through it real quick. Mr. Rattner, back in June of 06 there were two companies that picked up bids.

Mr. Rattner: Oh, we got the paperwork on that. I have the history.

Mr. Miller: Oh you do?

Mr. Rattner: I just wanted to know what were finally doing, that’s all. I hadn’t seen it and then when I saw the blanks in the Resolution, I wanted to fill in the blanks at least in my own mind.

Mr. Miller: Put the blame on me.

Mr. Rattner: No, that has nothing to do with you. I just wanted to know what we will get.

Mr. Rattner: Actually there has been a set of plans that I left with DPW about three months ago. I had a copy of the plans made.

Mr. Rattner: We’re not going to micro manage but we just wanted to know basically, and I think we’re really happy after two years to finally get it done, so congratulations.

Mr. Miller: Thank you very much everyone.

Mrs. Labow: Thank you.

President Greenbaum: Mr. Tepper, I have the proposed amendment to this Resolution which fills in the blanks. And it’s in the

NOW, THEREFORE BE IT RESOLVED, by the Township Council of the Township of Mount Olive that it does hereby authorize a contract with Benkindorf of Mine Hill, New Jersey in the amount of $79,975.00 to provide additional handicap parking spaces as well as driveway work related to the parking spaces subject to the terms and conditions of the plans and specifications entitled “Proposed New Accessible Parking at the Mount Olive Township Public Library, Flanders-Drakestown Road, Flanders, NJ” prepared by Glenn W. Pellet, AIA, Schemata Architecture of Summit, NJ and dated October 17, 2005.
Mr. Perkins: So moved.

President Greenbaum: Is there a second?

Mrs. Labow: Second.

President Greenbaum: Anyone else wish to be heard on this particular Resolution? Roll Call please.

ROLL CALL: Passed Unanimously

President Greenbaum: Okay, were up to #14 on the Non Consent Resolution.

11. Resolution of the Township Council of the Township of Mount Olive Granting an Access Permit to AIG for Monitoring Wells.

President Greenbaum: Mr. Perkins, do you want to move that please?

Mr. Perkins: Yes, Mr. President I move the passage of Non Consent Resolution #14.

Mr. Rattner: Second.

President Greenbaum: Moved and Seconded, anyone from the public, Mr. Dorsey?

Mr. Dorsey: This cost the Township nothing. It’s part of the defense AIG is affording us, to put in some test wells, monitoring wells.

President Greenbaum: Okay.

Mr. Buell: What are the monitoring wells for?

Mr. Dorsey: To try and find out the level of the water table in that area. It has to do with the original specs.

President Greenbaum: Any further Council discussion? Roll Call please.

ROLL CALL: Passed Unanimously

MOTIONS

1. Bill List

President Greenbaum: First is the Bill List, Mr. Buell.

Mr. Buell: I move the Bill List.

Mr. Perkins: Second.

President Greenbaum: Any comments, questions? Roll Call.

ROLL CALL: Passed Unanimously

President Greenbaum: Approval of Raffle Application #2197.

2. Approval of Raffle Application #2197 for the Mount Olive Lions Club

Mr. Tepper: Yes Mr. President, I move for approval of Raffle Application #2197.

Mrs. Labow: Second.

President Greenbaum: Any discussion? Roll Call please.

ROLL CALL: Passed Unanimously

ADMINISTRATIVE MATTERS

President Greenbaum: Administrative matters Mr. Sohl, Mayor?

Mayor Scapicchio: None.

President Greenbaum: Do you have something?

Mr. Sohl: Yes, just briefly. I sent three notes to the Council through e-mail. One, on the River Road retaining wall, another on the dead trees along Route 46, and the Chester Cemetery water runoff. Additionally, just as a point of reference, we had a guest in town today who was a resident at the Seward House. Rose Marie Stracco, lived there from about 1941 until about 1945. She gave us some excellent information from her recollection as well as some pictures and we’re hoping to get additional photographs. One of the pictures that we did get today showed the missing cupola, which we have been unable to see. It’s not a very clear picture but it gives us more information than we definitely had before. It was a very productive day and we look forward to additional information coming.

Mrs. Labow: Very good.

OLD BUSINESS - None

NEW BUSINESS

Mr. Perkins: Thank you Mr. President. Back in the early part of this year, in speaking with the Mayor, we have been working on a Resolution for the Green Building model for the Township of Mount Olive. I’ve asked the Mayor, he has had some time I believe, to review some of this. We will be looking forward to where Mount Olive passes a Resolution endorsing the Green Building here in Mount Olive Township. It is something that I believe is necessary, to aid and protect the environment. It also helps to foster much better air quality, less admissions. So we will be bringing forward, we will be working with the office of the Mayor and we have been working together with our Planner on this. The Mayor was aware of that. We will also be looking at endorsing the U.S. Mayor’s climate protection agreement which is through the U.S. Congress of Mayor’s. That’s been something that’s ongoing. I know that Mayor Scapicchio is taking a look at that. He’s in favor. He wants to look at it a little more to make sure that Mount Olive addresses that appropriately. The Mayor has also asked me to take a look at the energy program. Some of the energy things that can be looked at by our average residents here. What they should be doing obviously is looking at the New Jersey Clean Energy Program which is an accessible web site. It’s very easy to get on to. It’s www.njcleanenergy.com. They do have for the average homeowner; they can do an energy audit of their own house to be able to save some money. It gives them some tips, it’s interactive so the average resident can go and use that, hopefully come up with some savings. In the jist of all of this, we are looking; I think folks are not aware that the building codes are being changed. They are becoming more strict and obviously the Mayor, Administration and I’m sure that the majority of all of us here on the Council will be looking proactively at this.

President Greenbaum: Bill, I’m going to list for 120 days, the discussion on the sewer issue in old Flanders. I think it’s an important issue. The majority of Council thinks it’s an important issue. So we’ll diary that at 120 days to take a look at the issue. It gives you four months to take a look at the issue. Not that we’re going to move it forward…

Mr. Sohl: We may have information quicker than that from Engineering.

President Greenbaum: If you can than, we’ll put it on sooner. I think there’s a lot of issues that have to be looked at before we take any position, one way or another as to whether or not the Township is in favor of pursuing something like that. The cost to the residents will be large to those residents who are ultimately going to get it I think we need to have all of our ducks in a row before we go public with something that we want to take a more serious look at. Mr. Perkins?

Mr. Perkins: Mr. President, would we be looking at the possibility at taking the funding out of the sewer utility for the analysis…

Mr. Sohl: That’s the only place it should come out of.

Mr. Perkins: With the water assessment evaluation, we would be doing an engineering study on the availability, do we have capacity, and what the anticipated cost would be.

President Greenbaum: At this point I would leave it to an in house. I think it should be done through an in house initially. If this is what we think, before we start spending money on the project.

Mr. Sohl: You’re going to need Engineering.

President Greenbaum: Not at this point in time. I think you need to speak to Tim and say “Tim, what’s your thought in terms of allocation?”

Mr. Sohl: Well, that part we could get.

President Greenbaum: What is necessary to be able to move the project forward? I’m not sure that you need to do an engineering study at this point in time. That would be the next step in the process. I think that you need to develop in house some of the original answers to questions that were going to need to have. Mr. Rattner?

Mr. Rattner: I think one thing though that just came to mind; I don’t know what the timetable is for St. Elizabeth Seton putting in their sewer. They are going to be digging up the road, putting in a pressurized line, which people can’t hook into. However, the most cost effective way of putting in a sewer line would be to put in a second line, which will be gravity. Once you dig up the road, why dig it up twice? I don’t know if it falls in, if there ready to go in a couple months we can’t do it.

President Greenbaum: It’s about a six month timeframe for St. Elizabeth.

Mr. Rattner: If they get everything. Do they have every permit they need?

Mrs. Lashway: They’re getting very close.

Mr. Rattner: Well very close, we know what that can be. It may not work but that’s one of the things we may want to look at. Even if it is putting a dry line down. If they’re going to be spending the money to put down a six inch, you’re probably talking six, maybe eight inch max, pipe along side it. Just like a dry line where you require every developer to hook in. It may make sense to put that in at that time so we can do it in the future without digging up the road again.

President Greenbaum: Mr. Rattner makes a very good point. I think that you need to find out from St. Elizabeth what their timeframe is and we need to act accordingly. If nothing else, then to just satisfy ourselves that we can or cannot move at the same timeframe with some initial things that might need to be done to bring sewer service to that area of town. It’s very complicated, because there are a lot of different factors that are happening at the same time. I’m not sure exactly what were going to be able to do on such a short timeframe. Any other new business?

LEGAL MATTERS

Mr. Dorsey: Not this evening.

COUNCIL REPORTS

Recreation Liaison Report

Mr. Tobey: Just two things to report. We had our meeting last week and the Mount Olive Carnival and Community Weekend plans are moving ahead. That’s scheduled for July 26th through the 29th and the concession stand at Turkey Brook Park should be complete within a couple of weeks, finally.

President Greenbaum: The concessions, you mean the Football and the Baseball?

Mr. Tobey: Yes.

President Greenbaum: Okay, Football and Baseball combined.

Board of Health Report

Mrs. Labow: We didn’t have a meeting recently. We have a meeting next week but I did want to announce some Board of Health issues. Tomorrow is Spring Cleaning for people to clean up. When cleaning out the medicine cabinets, dispose of all your old prescription medications. There’s been a rise in students, young people having prescription parties; where they gather up all the prescriptions that have been sitting in medicine cabinets, hall closets, gathering them all together and taking them and just having these parties. They just take handfuls of these medications. Tomorrow in Morristown on the lawn of the Court House, the Sheriff’s department is having a kick off to Spring Cleaning of your medicine cabinets. I would like everybody to please participate and get rid of all your old medications.

President Greenbaum: Thank you.

Planning Board Report

Mr. Tepper: Meets Thursday.

Board of Adjustment Liaison Report

Mr. Perkins: No meeting until the 21st.

Open Space Committee Report

Mrs. Labow: Meeting next week.

Legislative Committee Report

Mr. Perkins: Yes, Mr. President, we met briefly with Assemblyman Guy Gregg. I have a meeting already set up to speak with Sergeant VanNess. The continuation of the past Councilman John Biondi’s endeavors for Route 46 and Route 206. A little more emphasis on the Village Green intersection as well as Oakwood Village, exiting across there. So I will bring everybody up to date on that once I’m done. Also, I’m looking forward to June 1st. I will be going to a League Seminar on cable franchising.

Pride Committee Liaison Report

Mr. Perkins: The Memorial Day essay contest, they should be receiving the final essays and we’ll be making the subjective award. The billboard is scheduled for replacement in mid June and it is just standard decorations going on from there.

Board of Education Liaison Report

Mr. Buell: We met two weeks ago. We will meet next money. The only thing of note is that they’ve Reorganized. Mr. Robinson is the President and Mrs. Kathy Criscuolo is the Vice President.

Lake/Environment Issues Committee

Mr. Rattner: I’m going to ask the Clerk to give me the date, the Lake clean up, do you remember what day?

Mrs. Lashway: May 19th.

Mr. Rattner: May 19th, so anybody who wants to go down there…Its great visibility, you’re right on the highway cleaning up. We need all the volunteers we can get.

Safety Committee Liaison

Mr. Perkins: No meeting Mr. President.

Finance Committee Report

Mr. Rattner: Nothing to report.

Economic Development Committee Report

Mr. Rattner: The only thing I can say is that the committee, under the leadership right now of Mr. Hill, is aggressively going ahead. If you can believe it, he’s probably more aggressive than Brian Siegelwax was with the different contacts and what he’s trying to do. Mayor, have you appointed him formerly as a chairman?

Mayor Scapicchio: Yes.

Mr. Rattner: Okay, did we get confirmation of that, because I don’t remember seeing…

Mayor Scapicchio: Do we have to take any official action?

Mr. Rattner: No, you just notify us.

Mayor Scapicchio: I didn’t. I will officially notify you of that.

Mr. Rattner: He’s doing one heck of a job.

President Greenbaum: He participated at a meeting that I was at. He brought four or five different ideas to the table in terms of filling available commercial space in town. I was very impressed actually.

Mr. Rattner: Yes, that’s what I said.

Solid Waste Advisory Committee Report

Mrs. Labow: We meet next week, I mean tomorrow.

Library Board Liaison

Mr. Tepper: Tomorrow, meets tomorrow.

PUBLIC PORTION

Scott Ireland, 6 Eric Court, Flanders: Consent Resolution #4, about the printing services. It just reminded me of a conversation at the last Library Board meeting. They were talking about their copier and their copier services. They talked about shared services. They were under the impression that their contracts, your contracts for your copiers and the Schools contracts were all separate entities out there. Is there a venue to investigate consolidating all of those into a Mount Olive contract for copiers and printers?

President Greenbaum: I would imagine that there is. Not that there is one existing but I certainly think that it could be done. I think that’s an excellent point. I would ask the Administration to take a look at that issue in terms of not just copier contracts but maintenance contracts in general. If we can lower our cost by bringing a bigger party to the table, then it benefits everybody.

Mrs. Labow: Also, for even the paper supplies for the Library. We should do it together.

Mr. Ireland: There was a lot of speculation that there was a lot of different contracts for these common services that we’re all using and maybe one contract might save, realize some savings.

Mayor Scapicchio: Duly noted. Now that we have a Library Board we can work with, we can look at that.

Mrs. Labow: Absolutely, it could be a nice savings there. It could buy a few books, a few hundred books.

President Greenbaum: I think what we need to do is to establish an ongoing shared services subcommittee with one Council member, one member of the Administration, and one member of any entity in Mount Olive that spends money whether it is the Library Board or whether it be the Schools. I see Mr. Tobey raising his hand. It would also be beneficial of pushing the message of recycling. I’m not sure where you’re going but when I saw you raise your hand, we could actually jointly foster a lot of different efforts which would monetarily benefit all of us on a going forward basis. As Lisa pointed out to me, it may not work with copying machine maintenance based upon Lisa’s type of machine, but certainly in terms of ordering paper. I can only imagine how the Township might benefit if we do not already, through purchasing with the School Board. Which must purchase a hell of a lot more paper then we do as a Township. Do we already do that Sherry?

Mrs. Jenkins: No we don’t do that but I did change the office supply policy that we had before. We are now placing one order per month for all the departments. We are saving money, and we are also not processing three hundred purchase orders. So we are looking at those things.

President Greenbaum: I appreciate that, but imagine the amount of paper that the School system must purchase as compared to what we purchase. It must be substantially higher and we could certainly find out from them what their unit cost would be and if our purchasing would decrease their unit cost or if we could just simply decrease our unit cost. It’s a way to go. You know we don’t have a purchasing agent per se in the Town. I don’t know if you are the closest thing to a purchasing agent that we have because you control the purse strings. So Mayor, I’m going to suggest that we establish a subcommittee, a member from the School Board, a fixed meeting all the time to talk about shared type activities, purchasing in particular.

Mrs. Jenkins: Just to clarify, we do have a purchasing agent by Ordinance. Just so you…

President Greenbaum: By Ordinance, but not….

Mrs. Jenkins: By Ordinance, well technically…..

President Greenbaum: Who’s the purchasing agent?

Mrs. Jenkins: According to our Ordinance the purchasing agent is the Administrator but a lot of that function falls under my department. It just typically has.

President Greenbaum: I understand that normally the function of the Business Administrator, wears many hats. Mayor, how are we going to go about establishing this committee? What I would like to do is first ask Mr. Tobey. Do you want to serve on that committee?

Mr. Tobey: Well, you know what I was going to suggest? Maybe the Finance Committee can turn into that committee. The Finance Committee was meeting once a year with the Budget and I always thought that they should be a committee that was maybe ongoing. So that might be a good opportunity there.

Mrs. Jenkins: I agree with that.

Mr. Rattner: Okay.

Mayor Scapicchio: Excellent choice.

President Greenbaum: Okay, so then let’s handle it that way. Let’s start with the Finance Committee in terms of taking a look at shared purchasing throughout the Township and all the entities. Mr. Rattner, I ask that you convene within the next 30 days a meeting of the Finance Committee to take a look.

Mr. Rattner: How come Bill gets a 120?

President Greenbaum: Because I like Bill. Okay, anyone else from the public?

Nelson Russell, Budd Lake: I have a couple of questions on the Bill List. Page 14, right in the middle there’s…Township of Jefferson, electrical inspector reimbursement. You obviously use their electrical inspector?

President Greenbaum: It’s a shared services situation.

Mr. Russell: It is a shared services situation?

President Greenbaum: Yes.

Mr. Russell: Okay, I was just wondering. I thought we had our own.

Mrs. Labow: No.

President Greenbaum: When he left, we went into a shared services situation.

Mr. Russell: On page 19, the last item. Twenty-two thousand and change, Turkey Brook Well number two. What are we doing to Turkey Brook Well number two? I mean you can drill a well for $22,000.

Mr. Sohl: We’ll have to get back to you on it. I can’t answer specifically right now.

Mr. Russell: It says treatment well improvements. It seems awfully expensive just for well improvements.

President Greenbaum: No, I think that was something that was actually approved by Council sometime back to try and make that well potable, and to increase the flow from that well in light of the problem that we’ve had. It’s now connected to the Goldmine system. That was the attempt by the Township and I think it’s been successful. At least it will be successful in terms of improving the Goldmine water system. That’s something we specifically discussed at a prior meeting.

Mr. Rattner: That’s being funded through the water utility not through general taxation.

Mr. Russell: Did we drill some more on that well?

Mr. Rattner: No, we had a well but it wasn’t potable. We were using it for irrigation. This is to upgrade it so it can be used for drinking water basically.

President Greenbaum: Yes sir, you have to state your name and address please.

Jerry Corby, Summit Avenue, Budd Lake: I have a Resolution from the Council that schedules a property sale, auction for this evening. I understand it’s been delayed or postponed. I’m just curious as to why and what it would take to reschedule.

Mrs. Lashway: You were supposed to receive a letter from Kathy Murphy notifying you that the sale had been postponed.

Mr. Dorsey: I think the answer to your question is that there’s a second interested party who asked for a delay so that she might straighten out her title issues. I think she has been given either ninety days or 120 days. The sale will be rescheduled. You’ll have to check with Mrs. Murphy though. I’m not sure if she should have told you 90 or 120 days.

Mr. Corby: That was not included on the notice.

President Greenbaum: I’m told by the Clerk in between the coughing that it’s August 7th.

Mr. Corby: Thank you for your time.

President Greenbaum: Thank you. Anyone else from the public, Mr. Smith? Please state your name and address for the record.

Jim Smith, Kenmar Road, Budd Lake: Mayor, Council President, Council, Mr. Sohl, most of you are aware you have received by this point a letter that we had sent from the Environmental Commission to Congressman Pallone from the 6th district who has a record here in New Jersey in relation to the environmental issues. We’re hoping that by addressing it to him as well as to all of our other Federal legislators…We actually have also two individuals in D.C. that are pounding on the doors down there in relation to the sediment flowing into Budd Lake, primarily from Morris Chase, which I’m sure by this point most of you are aware. A couple of us have run into each other as we’ve been taking pictures. It’s been going on since last June with the start of the winter treatment plant and sewer treatment plant for the Morris Chase’s facility. The erosion has ended up in pools as well as the tributary for Budd Lake. We have come in starting in October, we had severe runoff, as much as when the ice had been on the Lake. We had a mud plume that has gone all the way down pass Vasa Park to the South Branch of the Raritan. At this point, the Environmental Commission, the Lake Beautification Committee, a variety of organizations, Bass Clubs and so on that use Budd Lake, we are up to over 400 individuals on a list that are interested in participating in one form or another, whether through a petition, whether through a possible class action suit that were looking at. What we have here, according to the Morris County Soil Conservation District, Toll Brothers, R & R Construction is the outfit that is actually doing the construction on the retention basin. They are meeting all of the requirements as far as the codes are concerned in relation to the site. So they are in the allowable level that they say, even though we have pictures of the sediment levels that are coming through the Lake, which is anything from staining, discoloration, light silt flow to the point where we had here just a couple of weeks ago through a failure of a retention basin behind the Budd Lake Post Office. We have had heavy mud flow coming into the stream that comes down along side the Country Store and the Pavilion. What we’re hoping to do here is to carry this a step beyond what the norm is and that’s one of the reasons I am here, to ask all of you for your support, however you can. Also, a letter (if possible) from the Council, from the Administration to the State Legislators. We are in the process right now of sending another letter next week. Again, to all these people who are also going to be e-mailed directly this week with the Commissioner and the Vice Commissioner from the Department of Environmental Protection. We have gotten to the point where we have had the enforcement division of the DEP come out. The gentleman has sat in Mr. Sohl’s office with myself. His feeling was that he could not write a summons on this issue because he could not support the data to his supervisor as to why a summons would be valid. We have had the director of the Morris County Soil Conservation District informed Toll Brothers. Mr. Rattner, you were their at the meeting. In very nice terms, this sounded to me almost threatening. If it ends up in a court room that Toll Brothers and R&R Construction can turn around say “hey look, we’ve done everything that’s been required, we’ve actually gone well beyond.” They have probably put as much as 300 to 400,000 dollars in man hours now since this project started, going beyond because of the problems with the sediment running into the Lake. The Director of the Soil Conservation District basically explained to them that even though you have done that and you can provide proof that you have met and gone beyond; but because of all the pictures that individuals have taken and Kathy Murphy is forming a file on this, quite an extensive file at this point, that from these pictures alone, they are probably very favorable in a court of law. So there is a possibility that this would be the only means that we will have to go in relation to this environmental mission. So what we are looking for, as I said before, from the Council is support as well as the Administration. If we could get a letter also directed to these Legislators, whatever we can get to give us in the interested groups as well as the Environmental Commission a little more backing from our Legislative as well as our Administrative fathers here in the Township.

President Greenbaum: I can’t speak for the Administration but I’m going to ask Mr. Rattner to write such a letter. I chose Mr. Rattner because of the fact that he was on top of the issue at the time. He has a little bit more information then the rest of us in terms of getting it together. I can tell you that I think I speak on behalf of the entire Council that we would all sign onto the letter because we think it’s an abomination. Especially with the documented proof, for Morris County Soil to come in and our own Engineer to say they are within limits. Then you know what, the limits have to be changed. It’s just absurdity.

Mr. Smith: This is what we are looking at because the Lake is New Jersey’s largest natural Lake. It’s our primo natural resource here in Mount Olive Township.

President Greenbaum: Now much of the hill is in the Lake, so…

Mr. Rattner: No, I will get a hold of you within the next couple days. I’ll write the letter, put it in for review and come up with one that we think hits all points.

President Greenbaum: You know what? We’ll ask the Administration to sign on to the same letter. There’s no reason to duplicate the effort. We’ll all sign on to it on behalf of the Township of Mount Olive. Colleen first, then Mr. Rattner.

Mrs. Labow: I just wanted to know if in addition to the letter, if we passed a Resolution, if that would put a little more teeth into it?

Mr. Dorsey: I would be happy to do it. Let Mr. Rattner draw the letter; let me see the letter first.

Mrs. Labow: Thank you.

Mr. Rattner: What you were saying about soil conservation, I met with a representative from the EPA District 4, I think, last Wednesday. I was at a water environmental conference. It sounds real good. I brought all of my stuff down because I knew that they were going to be there. After it was done, he said that’s what’s wrong with this agency because there’s not much they can do. It just gets totally absurd, you’re absolutely right. Largest Lake, we got fish to be stocked for the first time in a long time and the tributary…One of the issues that is going to hurt us later on is if you look at the tributary where it comes out into the Lake, underneath the bridge by the Pavilion, because of the Lake level that is where a lot of the silt is stopping. If you notice there, the bed of the stream is rising. At that rate, it’s not going to be to long until it hits the bottom of the bridge. It actually is filling up. It stops because you have the push back from the Lake. That’s where a lot of the solvents are dropping. The ones that don’t get all the way across to Vasa.

Mr. Perkins: Thank you Mr. President. I endorse the idea of protecting the Lake. I’ve been here long enough, I like the Lake, and I think it’s beautiful. I feel confident that my colleague will put together an excellent letter. However, there always has to be a “however.” I don’t want this to be a vendetta against Morris Chase because we ourselves…and Turkey Brook have been less than kind to the Lake, ourselves. So when we write this letter we need to remember not to throw too many stones at this glass house. I believe the regulation should be more strict. I think that the fine particles do make it through, and we’ve all seen some torrential rains and other Lakes and tributaries that have a lot. It’s not that I don’t care about them, I care about my Lake. If there’s something we can do, then I think we need to do it. We should not be pointing the finger at one single developer. Saying that here is a problem, when documented evidence from all of the agencies, good, bad or indifferent. The rules are what they are, and have shown that they are in compliance. That they have done everything over and above what was necessary. Same answers that we had every time we had a problem at Turkey Brook, when the mud sailed across to our clerk’s house. When we had the mud plumes coming down into the Lake and we sent our engineers out. We had the same problem with Lakeview Estates where we had a washout that came into the Lake. Unfortunately when you start preparing the land and you build, you know what happens. The mud runs off. Again, I endorse what we’re trying to do but I don’t think we need to be pointing fingers right now.

Mr. Smith: Mr. Perkins I would like to respond to that. I was involved with taking samples of the Lakeview runoff as well as Turkey Brook runoff. The amount of times that we had at Turkey Brook were a couple, very heavy times. Many have noticed the square acreage on the Lake that had been discolored. Two things, we never had the sediment or staining on Budd Lake from any other project that has gone on around the Lake, including the runoff from Route 46, the initial flush where we had an ice storm at the Lake this year. I have pictures showing the sediment that came off the highway. I don’t remember picking this particular project
Mr. Smith (cont’d): because of the particular company, or this particular development or whatever. It’s because of the extent of the runoff that they’ve had. This has gone down so far the South Branch of the Raritan that it has concerned the Raritan Association, as well as the responses coming in from Pennsylvania, New York State, South Jersey, from Bass Clubs that come in here and fish. The amount of times that this has gone on starting back with the small erosion problems last Summer, to where we got into the Fall and on, we’ve had thirteen major times. We never had that even with Turkey Brook which was probably the next major spill into the Lake. So I don’t think that we’re picking on this particular developer because the Planning Board had taken them to court, or try to stop the….. I don’t think it has anything to do with this. I think it’s just the volume of the silt that runs off. As the Director of the Morris County Soil Conservation District made a very specific statement. I think Mr. Rattner will bare me out on this.

Mr. Rattner: Mr. Sohl too.

Mr. Smith: He said you cannot make a profit off your neighbor’s backs. The “neighbors backs” being all the people that live in Budd Lake and utilize the Lake itself. I think this is where the problem is, and this is why I and many of my colleagues are so upset about this. This has not been just a couple of isolated instances. This continues every time we have a storm. Every time we have some sun come out, we’ve had melt. We had sun come out for about an hour and a half back in early March. That was about from 1:00 p.m. until 2:30 p.m. By 4:30 p.m. we were starting discoloration. By 6:30 p.m. we had a pretty good mud thaw. We’re not even talking about a rain storm, that’s just a melt. This is one development that has been so consistent, so severe and this is what everyone is talking about. We had these meetings which Mr. Rattner attended where we went before hand and tried to explain, look guys you’re talking about a four inch storm coming up, a seven inch rain storm coming up. What are you going