MOUNT OLIVE TOWNSHIP COUNCIL MINUTES - September 16, 2008

The Regular Public Meeting of the Mount Olive Township Council was called to Order at 9:20 pm by Council President Perkins with the Pledge of Allegiance.

PLEDGE OF ALLEGIANCE & MOMENT OF REFLECTION for all those who have and continue to protect our freedoms and our way of life.

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

ROLL CALL

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

Absent: none

Also Present: Mayor David Scapicchio, Sherry Jenkins, CFO; Dominic DiYanni, Township Attorney; Lisa Lashway, Township Clerk;

Certificate Presentation

1. Resolution of the Township Council of the Township of Mount Olive Commending the Mount Olive High School Percussion Ensemble on Its Achievements.

Questions on Bill List?

President Perkins: That takes us to questions on the Bill List. Does anyone have any questions on the Bill List? Mr. Russell, no word from you guy. Okay, that moves us forward. That takes us to the Approval of Minutes of the Previous Meetings. Mr. Tepper?

APPROVAL OF MINUTES OF PREVIOUS MEETINGS

Mr. Tepper: Yes, Mr. President, I move for approval of:

September 2, 2008 WS & PM – all present

Mrs. Labow: Second.

President Perkins: Thank you, Roll Call, please. Council discussion first, corrections? None, Roll Call.

ROLL CALL – Passed Unanimously

CORRESPONDENCE

LETTERS FROM RESIDENTS/ORGANIZATIONS

1. Letter received September 2, 2008, from the Morris County Green Table regarding Seeing the Path for the Trees: A County-Wide Trails Visions Workshop. PDF Correspondence

2. E-mail received September 4, 2008, from ICSC Alliance Program regarding “Social Goals Vs. Economic Realities – How Do we Develop Our Cities? PDF Correspondence

3. E-mail received September 5, 2008, from Dave Jones regarding Lake Lowering. PDF Correspondence

4. Publication received September 9, 2008, from ARC Morris regarding programs, services and supports available at the ARC/Morris for families of people with intellectual and related developmental disabilities. PDF Correspondence

5. Postcard received September 12, 2008, from the Mount Olive Area Chamber of Commerce regarding an Annual Awards Dinner with guest speaker Senator Oroho. PDF Correspondence

RESOLUTIONS / ORDINANCES / CORRESPONDENCE OTHER TOWNS

6. Letter received September 11, 2008, from the Township of East Hanover regarding the fourth Annual Morris County Columbus Day Parade sponsored by the East Hanover Italian American Club. PDF Correspondence

DOT / DEP / LOI / HIGHLANDS

7. Letter received September 2, 2008, from Clough Harbour & Associates, LLP regarding a site plan application for Picatinny Federal Credit Union. PDF Correspondence

8. Letter received September 2, 2008, from Ecol Sciences, Inc. regarding and Application for a Letter of Interpretation: Line Verification located on International Drive near the intersection with Clark Drive. PDF Correspondence

9. Letter received September 2, 2008, the State of New Jersey, Department of Environmental Protection regarding Whispering Woods and or Bennington Chase. PDF Correspondence

10. Letter received September 2, 2008, the State of New Jersey, Department of Environmental Protection regarding Bennington Chase at Mount Olive. PDF Correspondence

11. Letter received September 5, 2008, from Nusbaum, Stein, Goldstein, Bronstein & Kron regarding Muhammad & Rehana Akhtar, Block 2209, Lot 10 (15 Wilstow Road, Budd Lake) PDF Correspondence

12. Letter received September 8, 2008, from the State of New Jersey Department of Environmental Protection, Division of Watershed Management, Bureau of Watershed Regulation regarding the Demiglio Lala Single Family Home, Cheri Lane. PDF Correspondence

13. Letter received September 11, 2008, from the State of new Jersey Highlands Water Protection and Planning Council regarding the Highlands Regional Master Plan. PDF Correspondence

NJDOT

14. E-mail received September 5, 2008, from the New Jersey Department of Transportation regarding Cancellation Notice. PDF Correspondence

15. E-mail received September 9, 2008, from the Department of Transportation regarding Route 80 West Bound of Hope-Johnsonburg to Road to East of Ledgewood Avenue to 103. PDF Correspondence

DCA

16. E-mail received September 4, 2008, from the Department of Community Affairs regarding the 2008 Governor’s Conference on Housing and Community Development. PDF Correspondence

17. E-mail received September 4, 2008, from the Department of Community Affairs regarding the Extension of SFY 2009 Extraordinary Aid Application Deadline to 9/26/08. PDF Correspondence

MSA

18. Minutes received September 5, 2008, from the Musconetcong Sewerage Authority regarding the August 6, 2008 meeting. PDF Correspondence

MORRIS COUNTY

19. Letter received September 2, 2008, from the Morris County League of Municipalities regarding a presentation by National Hydropower, LLC. PDF Correspondence

LEAGUE OF MUNICIPALITIES

20. Letter received September 2, 2008, from the New Jersey State League of Municipalities regarding a League Delegates Luncheon. PDF Correspondence

21. E-mail received September 3, 2008, from the New Jersey State league of Municipalities regarding the Gulf States Emergency Order and Agenda for School Consolidation, Construction, Funding and Preschool Expansion. PDF Correspondence

22. E-mail received September 3, 2008, from the New Jersey State League of Municipalities regarding New Law Limits Power of Municipality to Impound Shopping Carts. PDF Correspondence

23. E-mail received September 8, 2008, from the New Jersey State League of Municipalities regarding Deadline for SFY Extraordinary Aid Applications Extended, General Election Training Guidelines for a Uniform Understanding, and New Jersey Prepares for Tropical Storm Hanna. PDF Correspondence

24. E-mail received September 9, 2008, from the New Jersey State League of Municipalities regarding Legislative Development, Important Conference Sessions – Land Use, and Michael Pane Memorial Award. PDF Correspondence

25. E-mail received September 9, 2008, from the New Jersey State League of Municipalities regarding Appellate Division Rules that Municipality Need Only Provide Curbside Trash Collection for Apartment Complex, and 2009 Pension Cost Budget Shock. PDF Correspondence

26. E-mail received September 9, 2008, from the New Jersey State League of Municipalities regarding Preservation New Jersey Gala. PDF Correspondence

27. E-mail received September 11, 2008, from the New Jersey State League of Municipalities regarding a Proclamation – October National Planning Month, and Final Announcement. PDF Correspondence

UTILITIES

28. Letter received September 11, 2008, from Comcast regarding Channel Changes. PDF Correspondence

President Perkins: That takes us to Correspondence. We have 28 pieces of Correspondence. Does anybody from the Council wish to discuss or review? Mr. Rattner.

Mr. Rattner: Yes, there’s a lot of interesting stuff but the only one I’ll discuss tonight is item 22 which has, we got from the League about the new law that limits the power of the municipality to impound shopping carts, but allows us, and we do have a certain amount of shopping carts that end up on our roads, especially around ITC South. So I’d like to investigate that because basically it says that we pick them up and then charge the company…

President Perkins: Company.

Mr. Rattner: …$50 to get them back.

Mr. Tepper: It says you have to notify them and give them three days if I remember correctly.

Mr. Rattner: Yes, but I mean, if it goes, just so they get cleaned up.

President Perkins: We just have to unload all of your…

Mr. Rattner: I just want to investigate whether it’s really a problem and whether we should do it.

President Perkins: Okay, anything else wish to be discussed? Seeing none, the Correspondence is complete. That takes us on to Ordinances for Public Hearing. There are no Ordinances for Public Hearing.

ORDINANCES FOR PUBLIC HEARING - none

ORDINANCES FOR FIRST READING

President Perkins: The Ordinance for First Reading is Ord. #49-2008, entitled:

Ord. #48-2008 An Ordinance of the Township of Mount Olive to Amend and Supplement Chapter 400 Entitled “Land Use”, Relative to Docks, Piers and Boathouses of the Code of the Township of Mount Olive (Postponed – Discuss @ 9/30/08 workshop)

Ord. #49-2008 An Ordinance to Amend and Supplement Various Articles of Chapter 400 Entitled “Land Use” to Implement a Recommendation of the Amendment to the Land Use Plan Element of the 2003 Master Plan to Create a New Zone District to be Known as the “R-7 - Active Adult / Inclusionary Housing”

President Perkins: Mrs. Labow, would you move that, please?

Mrs. Labow: I just have one question first, what’s the date for the…?

President Perkins: When is the second reading?

Mrs. Lashway: September 30th.

Mrs. Labow: Okay, thank you. I didn’t see it on here. I move that Ord. #49-2008 be introduced by title and passed on first reading and that a meeting be held on September 30th, 2008 at 7:30 pm at the Municipal Building, 204 Flanders-Drakestown Road, Budd Lake, New Jersey for a public hearing, consideration of second reading, and passage of said Ordinance and that the Clerk be directed to publish, post and make available said Ordinance in accordance with the requirements of the law.

President Perkins: Do I have a second?

Mr. Tepper: Second.

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

ROLL CALL – Passed Unanimously

President Perkins: Ord. #49-2008 has passed on first reading. That takes us now to the Consent Resolutions Agenda. Mr. Roman.

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

2. Resolution of the Township Council of the Township of Mount Olive Authorizing the Renewal of an Alcoholic Beverage License for the 2008-2009 Licensing Period. (Clover May Corporation/Village Bar & Liquors) PDF Resolution

3. Resolution of the Township Council of the Township of Mount Olive Authorizing the Renewal of an Alcoholic Beverage License For The 2008-2009 Licensing Period (Silver Spring Farms) PDF Resolution

4. Resolution of the Township Council of the Township of Mount Olive Authorizing the Return of the Sum of $1,600 in Connection with Block 4200, Lot 16.02 and $2,000 in Connection with Block 4200, Lot 16.03. PDF Resolution

5. Resolution of the Township Council of the Township of Mount Olive Requesting Approval from the Director of the Division of Local Government Services for Insertion of a Specific Item of Revenue into the 2008 Municipal Budget ($6,157 for the Public Health Priority Funding Grant). PDF Resolution

6. Resolution of the Township Council of the Township of Mount Olive Authorizing the Business Administrator to Request a Waiver from the New Jersey Council on Affordable Housing in Order to Provide Monies from the Township’s Affordable Housing Trust Fund to Newbridge Services inc. for the Development of Three Affordable Housing Units at 44 Gold Mine Road, Subject to COAH Approval ($164,114.00). PDF Resolution

7. Resolution of the Township Council of the Township of Mount Olive Authorizing the Omission from Tax Sale Certain Properties (Block 3201 Lot 43 & Block 3201 Lot 44). PDF Resolution

8. Resolution of the Township Council of the Township of Mount Olive Authorizing the Payment of $15,417.50 from the Open Space Trust Fund for Accuracy Electric PDF Resolution

9. Resolution of the Township Council of the Township of Mount Olive Authorizing Title Insurance for the Silver Spring Property. PDF Resolution

10. Resolution of the Township Council of the Township of Mount Olive Awarding a Contract to Garden State Laboratories Inc. for Water Testing Services. PDF Resolution (removed)

11. Resolution of the Township Council of the Township of Mount Olive Requesting Approval from the Director of the Division of Local Government Services for Insertion of a Specific Item of Revenue into the 2008 Municipal Budget ($20,724.38 for a Recycling Tonnage Grant). PDF Resolution

Mr. Roman: Number six.

President Perkins: Number six. Any other items?

Mrs. Lashway: And ten is off, Garden State Labs.

Mr. Rattner: And one we have to put on because we did it during Workshop.

President Perkins: Workshop, yes. One, two, five…

Mr. Rattner: I got it.

President Perkins: You got it, Mr. Rattner? Okay, Mr. Rattner, would you move those, please?

Mr. Rattner: Okay, I move Resolutions one through five, seven through nine and eleven.

Mr. Tobey: Second.

PUBLIC PORTION ON CONSENT RESOLUTIONS

President Perkins: Anybody from the public wish to discuss or be heard on any one of those Consent Resolutions, one through five, seven through nine, or eleven? Seeing none, I close it to the public. Any Council comments? Seeing none, Roll Call, please.

COUNCIL COMMENTS ON CONSENT RESOLUTIONS - none

ROLL CALL – Passed with the exception Mr. Tobey abstained from number 8

President Perkins: That takes us to number six, Mr. Roman.

COUNCIL COMMENTS ON INDIVIDUAL RESOLUTIONS

Mr. Roman: Yes, the reason I requested this to be removed is, one, personally I would like to see this resolution not be passed until I get a presentation from Newbridge Services. I very much would like to see exactly where all the monies are being spent and that we’re not just giving them taxpayer funds to renovate a project that may not need all that money to be used.

Mrs. Labow: I don’t think those are actually tax, I agree with you…

Mr. Rattner: It’s still our funds.

Mrs. Labow: …but it’s not tax, it’s our funds but not taxpayer funds, but I agree with you.

Mr. Roman: Any money that I believe are held by the Township…

Mr. Tepper: Are taxpayer money.

Mr. Roman: …are still the taxpayer’s money whether it’s, depending on what account it’s in, I still consider it taxpayer funds.

President Perkins: Alright, anybody else have any comments or questions on that? Roll Call.

Mrs. Lashway: Are we removing it or are we leaving it on?

President Perkins: I didn’t hear a recommendation to remove it.

Mrs. Labow: Yes, that was…

Mrs. Lashway: At the Workshop didn’t you say you wanted them to come in and…

President Perkins: We want them to come in but since we still had, this is all subject to COAH’s approval.

Mrs. Lashway: Okay.

President Perkins: So it still has to go down to COAH which is going to take the better part of two months. That gives us adequate time to have Newbridge come in and as Mr. Rattner has adequately said, we need to make sure that that 20% is maximum. 20%, that that’s all we’re doing. Would that be sufficient for you, Mr. Roman, to have them come in and make their presentation?

Mr. Roman: I mean, I don’t want to, I personally don’t want to ask for a waiver until I see the presentation so, you know, to jump ahead I will be voting no.

President Perkins: Okay.

Mr. Roman: I mean, later on if we could add this resolution at any other time, but at least until I see a presentation of what $800, what was it? $800,000 is being spent on.

Mrs. Labow: Yes, so your motion is actually to remove it then. Is that what you’re asking?

President Perkins: Alright, so we have a motion then, Mr. Greenbaum.

Mr. Greenbaum: I’ll move it.

President Perkins: It’s a motion to…

Mr. Greenbaum: Approve.

President Perkins: To approve?

Mr. Greenbaum: Yes, we’re just seeking a waiver at this point. We’re not spending the money.

President Perkins: Exactly.

Mr. Rattner: And I think COAH won’t consider it unless we send a waiver, the request from us.

President Perkins: That’s right.

Mr. Rattner: So I think we have to move on. We have to move forward.

Mr. Tepper: Second.

Mr. Greenbaum: You know what, I understand Alex’s concerns. I just think that they are concerns for another day at this point.

Mr. Rattner: And I think we have enough time to do something on it too.

Mr. Greenbaum: I’ll move its approval.

Mrs. Labow: Second.

President Perkins: Alright, there’s a second. Roll Call.

Mrs. Lashway: Mr. Greenbaum?

Mr. Greenbaum: Was this opened to the public?

President Perkins: Anybody from the public wish to be heard? Mr. Russell. Thank you, Mr. Greenbaum.

PUBLIC PORTION ON INDIVIDUAL RESOLUTIONS

Mr. Nelson Russell: What are we requesting a waiver from?

Mr. Roman: From what I understand is we don’t have our housing element plan submitted yet.

Mrs. Labow: Right.

Mr. Tepper: COAH has not approved our housing plan at this point in time. So in order to move forward with this we request a waiver.

Mr. Russell: Okay, thank you.

President Perkins: Anyone else? Closed to the public. Now, the Roll Call.

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

RESOLUTIONS NON CONSENT

President Perkins: That takes us on to Motions. Mr. Tobey, can you move the first set of applications.

Mr. Tepper: No, not quite, not quite. Number twelve is Non Consent.

President Perkins: Number twelve?

Mr. Roman: We don’t have a twelve.

Mrs. Labow: No, that was removed, wasn’t it? Oh, it was added.

Mr. Tepper: I have an amended here and it says added.

Mr. Rattner: No, it was added.

Mrs. Lashway: Twelve was added.

Mrs. Labow: We didn’t move that.

President Perkins: We didn’t even move that.

Mrs. Lashway: Because it’s under Non Consent.

Mrs. Labow: Non Consent. Okay.

Mr. Greenbaum: I’ll move number twelve.

Mrs. Labow: Second.

President Perkins: Thank you.

12. Resolution of the Township Council of the Township of Mount Olive Authorizing Pre-Construction and Construction Relative to Picatinny Federal Credit Union. (added)

PUBLIC PORTION ON INDIVIDUAL RESOLUTIONS - none

COUNCIL COMMENTS ON INDIVIDUAL RESOLUTIONS

President Perkins: Any Council Discussions? Anybody from the public wish to be heard on Non Consent Resolution number twelve? Seeing none, I close it to the public. Any Council discussion? I did have a, I’m assuming for whatever reason that we’re being indemnified. Ironically enough, I asked our Clerk today to pull out the notice of the application in the matter of New Jersey American Water Co. / ITC and I see that their allocation permit was received. It’s open for public comment. Comment portion ends on the 19th of this month at which time if there’s no hearing then they will make the determination on whether or not to issue the permit and any conditions. So I think these people are going to get their water and it appears that the DEP is going ahead and going to approve the increase in allocation. It was ironic they even admit here that it was applied for on January 13th, 2003.

Mr. Rattner: Of course there’s been a suspension of all approvals.

President Perkins: Oh yes, but when you’re looking at a five year…

Mr. Rattner: I don’t have as much confidence in the DEP as you do.

President Perkins: I don’t either. I’m just going on letter. Mrs. Labow?

Mrs. Labow: I just had a question on this resolution where it said they are going to drill a well until they get their approvals to be added to the water system. It doesn’t provide in there for anything as far as, are they going to cap the well off?

Mr. Tepper: Excuse me. I think that’s incorrect.

Mrs. Labow: Is it?

Mr. Tepper: I believe that they will do a well if they don’t get approval.

Mr. Rattner: Well, they’re going to apply. They’re going try. They don’t know if they can even…

Mrs. Lashway: They’re going, this allows them to start construction, to have pre-construction and start construction. If they don’t get the water and they want to go for a well, they have to go back to the Planning Board for an amended site plan. This is allowing them to move forward at this point and if they don’t ever get their water then they have to put the site back into the condition that it originally was.

Mr. Tepper: Pre-construction site approval.

Mrs. Labow: Alright, I just wanted to make sure. Thank you.

President Perkins: And if they do get public water and the well is drilled, and they hook up to what’s in the franchise area then, yes, they’d have to get a certified well guy out there to cap it. Our Health department would follow up on that.

Mrs. Labow: Okay, that’s what I just wanted to make sure of on the procedure of that.

Mrs. Lashway: Mr. Tepper, you moved it. Was there a second?

Mr. Tobey: Second.

Mrs. Labow: I seconded it.

President Perkins: That’s what I thought.

Mrs. Lashway: I didn’t hear it.

Mrs. Labow: Yes, I did earlier.

President Perkins: Call the Roll.

ROLL CALL – Passed Unanimously

MOTIONS

President Perkins: That takes us now to Motions. Mr. Tobey, would you move the approval of the applications?

Mr. Tobey: Yes, I move Motion #1 as presented.

1. Approval of Bingo Application #2266 and Raffle Application #2267 for the Budd Lake Vol. Fire Co. #1 and Raffle Application #2268 & Raffle Application #2269 for the PTA Mt. Olive.

President Perkins: Do I have a second?

Mr. Greenbaum: Second.

President Perkins: Thank you. Council discussion? Roll Call.

ROLL CALL – Passed Unanimously

President Perkins: Mr. Greenbaum, could you move the Bill List, please?

2. Bill List.

Mr. Greenbaum: I move the Bill List.

Mr. Tobey: Second.

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

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

ADMINISTRATIVE MATTERS

President Perkins: That takes us to Administrative Matters. Mr. Mayor, do you have anything for this evening?

Mayor Scapicchio: Just that, and I guess this could segway into Legal Matters, that Mr. Dorsey and Bill Sohl were in Manhattan today with the EPA and the Rock Group. You guys all saw that confidential memo that John produced. I spoke to both John and Bill after they got done with that meeting. It was a productive meeting and we continue to charge forward on that project. Mr. Dorsey has really been aggressive in continuing to pursue Rock Gold and moving forward with the approvals, and not allowing them to fall behind and lose any time. So I want to make sure that’s passed on.

President Perkins: Excellent. Mr. Rattner?

Mr. Rattner: I just want to bring something up on that too because every time they go to a meeting one of the things that’s discussed, and this is public information, is about the Musconetcong Sewerage Authority always being behind. I have the memo right here where the Musconetcong Sewerage Authority, in support of Mount Olive, spent over…

Mayor Scapicchio: No, I’m not…

Mr. Rattner: No, you’re not. No, I’m just saying what’s going there. I’m saying what the DEP…

Mayor Scapicchio: John’s not either, you know?

Mr. Rattner: No, DEP, no, I know.

Mayor Scapicchio: Okay.

Mr. Rattner: It’s representations made that the Musconetcong, and this is, we got the memo. It was on our list in our last meeting. I think it came in around August 26th where I responded where the Musconetcong actually updated before the law changed, and before we got all the Highlands stuff in just so they couldn’t say that. So it was delivered on time at a cost of almost $100,000 to get it updated just so that they could use that. We keep getting these letters and finally it’s been admitted that they haven’t been opening their mail for the last two or three months.

Mayor Scapicchio: Who is they when you “they?”

Mr. Rattner: The DEP, because they said they didn’t receive it, they said, because we got a letter in the end of July saying that it’s been refused because we don’t have a current wastewater management plan. It was submitted in May, a day before the agreed date that they said it would get in and would be considered. Roxbury, Mount Arlington, everybody else who has been putting in TWA’s have not, they don’t have enough people in their mailroom so it doesn’t get to the proper office. There is no delay in anything else and I’ll put that in writing, but we did have it on our Correspondence list at, I think, our last August meeting.

Mr. Greenbaum: I don’t believe it.

Mr. Rattner: Neither do they.

President Perkins: Anything else, Mayor?

Mayor Scapicchio: No, that’s it, thanks.

President Perkins: Thank you, sir. That will now move us to Old Business. Any other Old Business to bring up? New Business? Legal Matters?

OLD BUSINESS - none

NEW BUSINESS - none

LEGAL MATTERS

Mr. DiYanni: I was just going to bring to Council’s attention what the Mayor just brought to your attention about the meeting today, and if you hadn’t seen the memo, Mr. Dorsey wanted to let you know that he did get the memo out right away at 4:00 when he got back. So if you haven’t taken a look at it, that will provide all the details of the meeting.

President Perkins: Thank you, Dominic. That takes us down to Council Reports. Recreation Liaison, Mr. Roman?

COUNCIL REPORTS

Recreation Liaison Report

Mr. Roman: At the last Recreation meeting they discussed new fall programs that are going to be coming out. Suggestions were taken for any possible new programs that can be offered. We’re all looking forward to the final numbers on the carnival. That’s it.

President Perkins: Perfect. Board of Health report, Mrs. Labow?

Board of Health Report

Mrs. Labow: Board of Health meets tomorrow night.

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

Planning Board Report

Mr. Tepper: Nothing.

President Perkins: Board of Adjustment, Mr. Roman?

Board of Adjustment Liaison Report

Mr. Roman: There was a dispute over a pool, and a building on a substandard lot was continued.

Mrs. Labow: I have a question to ask Mr. Roman.

President Perkins: Sure, go ahead.

Mrs. Labow: I received a call from a resident on that area today and he was upset that no one from the Township has been getting back to him.

Mayor Scapicchio: What’s the resident’s name?

Mrs. Labow: I couldn’t understand his last name. His first name is Paul. It’s on Beekmeer.

Mayor Scapicchio: What’s the number?

Mrs. Labow: Seven, he’s been trying to reach you for four months he said.

Mayor Scapicchio: It’s a neighbor dispute. I know exactly what’s going on there and believe me, Colleen, we’ve been in contact with all parties and nothing we can do or say is going to make any one of those parties happy.

Mrs. Labow: Okay.

Mr. Rattner: They contacted…

Mayor Scapicchio: It’s a neighborhood dispute like…

Mr. Greenbaum: Hatfield’s and the McCoy’s.

Mayor Scapicchio: Hatfield’s and the McCoy’s.

Mr. Rattner: They contacted the County and they contacted the State and made those calls in the last couple of days.

Mrs. Labow: Yes, that’s what I got today. Thank you for the update.

President Perkins: So with that…?

Mrs. Labow: That’s...

Mr. Rattner: Mr. Buell will remember that one.

Mr. Greenbaum: Is it Mr. Buell and a neighbor of his?

Mr. Rattner: No, I dragged him along one day last year.

Mr. Greenbaum: Don’t you live on Beekmeer?

Mr. Buell: No.

Mr. Greenbaum: You didn’t move there?

Mr. Rattner: No, he lives on that one way street next to the School.

President Perkins: The one with the new parking.

Mr. Greenbaum: I remember Mr. Buell coming with his diagrams.

Mr. Rattner: And his flip charts.

Mr. Buell: I still have those.

President Perkins: Still have those, right? I bet.

Mr. Greenbaum: That’s not a surprise. I bet you probably still have the first suit that you bought for your child too.

Mr. Buell: True.

Mr. Greenbaum: And Judy could probably put her hands on it too.

Mr. Tepper: You’re on a roll tonight.

President Perkins: Mrs. Labow, could you give us the Open Space Committee report?

Open Space Committee Report

Mrs. Labow: We met two weeks ago and we’ll be going into executive session basically to discuss some issues this evening.

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

Legislative Committee Report – none

Pride Committee Liaison Report

Mrs. Labow: We had to postpone our meeting but I do have some questions from the ladies. They are concerned. Through grants we had purchased some banners and snowflakes and so on and so forth, and we have been, just recently I got an e-mail I was rather concerned about, as we were told that I guess Jim Lynch has decided to relocate where all of the banners and snowflakes are going to go. The purpose of putting the snowflakes along Route 46 along the Lake was so that all the residents driving by can enjoy them. So we are waiting to hear word back as to who made the decision to relocate where all the things were originally placed. They also, we’re understanding that for some reason it’s against, our insurance company will not approve putting up snowflakes and banners on the highway. The question from the rest of the members is why is it that every other Town can put these up on Route 46 and Route 206, yet we can’t.

Ms. Jenkins: That was my understanding, too, from Jim that it was an insurance issue.

Mrs. Labow: Yes, so we’re trying to get some clarification.

President Perkins: Mr. Tepper?

Mr. Tepper: I believe that the other Towns have actually contracted out in a lot of cases. Therefore, it is not covered under our workman’s compensation or the Township’s workman’s compensation, but individual corporations.

Mrs. Labow: That was the next question. Mayor Scapicchio had come to one of our meetings and had said that there was going to be money in the budget to either contract out or rent machinery to do it. That was the other question. I wanted to know if that was going to take place. I don’t know if that made it in the budget, or was it cut from the budget? I was asked today to clarify that tonight. Do you know, Sherry?

Mayor Scapicchio: We passed it on to Jim. We’re waiting for Jim to get back to us.

Mrs. Labow: Okay. Thank you.

President Perkins: I mean, obviously you can’t just move it from pole to pole. You’ve got to get permission from the utility to start with, get the permit.

Mrs. Labow: Oh, they did. That was all, oh, yes to move it, but we were told that there was going to be money in the budget to contract out.

Mayor Scapicchio: I think the issue…

President Perkins: That’s an option. I think Jim has to look at that.

Mr. Rattner: I think we cut it out.

Mrs. Labow: Did we cut it out? Okay, that’s what they want, a clarification.

Mayor Scapicchio: I don’t think you took it out. Did you?

Mr. Rattner: I don’t know.

President Perkins: No, we didn’t take it out. We actually…

Mayor Scapicchio: It’s a…

Mr. Rattner: I don’t remember.

Mrs. Labow: I don’t remember that’s...

Mayor Scapicchio: It’s a de minimis amount.

Mr. Tepper: Rob’s favorite word.

Mayor Scapicchio: I think the issue with Jim, and we’re waiting for Jim to get back to us because we did pass those questions on. Early in the year we certainly did come up with a schedule that Jim actually gave us. For some reason Jim has now changed that schedule and we’re trying to find out why.

Mrs. Labow: Yes, that’s what we wanted to know. Thank you. That’s what they’re concerned about. Who changed it and why.

President Perkins: Anything else with that, Mrs. Labow?

Mrs. Labow: No, that’s it. That’s what they asked me to find out.

President Perkins: Board of Education Liaison, Mr. Tobey?

Board of Education Liaison Report

Mr. Tobey: Nothing.

President Perkins: Lake Environmental Issues, Mr. Rattner?

Lake/Environment Issues Committee

Mr. Rattner: The only thing was the triathlon with the canoeing has been moved back to Budd Lake and it’s a week from this Saturday.

President Perkins: Excellent. Safety Committee, Mr. Greenbaum?

Safety Committee Liaison

Mr. Greenbaum: I got an e-mail from Fred Detoro indicating a reminder that the next Public Safety Meeting will be Wednesday night, September 17th at 7:00 pm in the café.

Mrs. Labow: The café?

Mr. Greenbaum: Yes, in the cafeteria. The meeting is 7:00 for anyone who is interested in attending related to privatization of ambulance services for day time. We’re seeing a presentation from, I think, either one or both of the private providers. 7:00 tomorrow.

President Perkins: 7:00?

Mr. Greenbaum: 7:00 tomorrow.

President Perkins: Excellent. Thank you, Mr. Greenbaum. Finance Committee, Mr. Rattner?

Finance Committee Report

Mr. Rattner: Nothing to report.

President Perkins: Economic Development, Mr. Rattner?

Economic Development Committee Report

Mr. Rattner: Nothing to report.

President Perkins: Solid…

Mayor Scapicchio: Don Hill and myself are meeting with the owners of the old BASF property tomorrow in terms of discussing potential users for a portion of that facility.

President Perkins: Oh, excellent. I heard Mayor Healey on the television today telling about all of the prime office space that he has available in Jersey City now.

Mayor Scapicchio: We’re in competition.

President Perkins: Oh, we most certainly are. Solid Waste, Mrs. Labow?

Solid Waste Advisory Committee Report

Mr. Labow: That meeting was cancelled. Tim had said that there was nothing of pressing issues to speak about so I believe we’ll be meeting next month.

President Perkins: Library Liaison, Mr. Tepper?

Library Board Liaison

Mr. Tepper: Nothing to report.

President Perkins: Thank you. That takes us to the second public portion. Does anyone from the audience wish to be heard on any matter? Seeing none, I close it to the public and I’ll take Council Comments. Mr. Rattner, Mr. Greenbaum?

PUBLIC PORTION - none

COUNCIL COMMENTS

Mr. Greenbaum: Is that a Freudian slip? Am I talking too much at the meetings that you’re starting to call me Mr. Rattner now?

President Perkins: Big difference.

Mr. Rattner: Maybe he’s getting old.

Mr. Greenbaum: Not that old. I do have a comment this evening. I’m working on, and I’ve spoken to several of you individually about the project that I’m currently working on, which will dynamically change the recreational facilities in Town if we’re successful. Anyone who has any interest in discussing with me on a private one on one basis, I’m more than happy to do so. It’s a very preliminary matter at this point, but exciting nonetheless, and if 100% successful, will be something that we’re all going to be very proud of.

President Perkins: Excellent. Mr. Tepper?

Mr. Tepper: I have no comment.

President Perkins: Mr. Roman.

Mr. Roman: No comments.

President Perkins: Mrs. Labow.

Mrs. Labow: No comment.

President Perkins: Mr. Rattner?

Mr. Rattner: No comment.

President Perkins: Mr. Tobey?

Mr. Tobey: Nothing.

President Perkins: And I have nothing for this evening. We will be moving into executive session and when we come back we will not be acting on any matter or issue. With that, I would ask Mrs. Labow if you would take us into executive session, please.

Mrs. Labow: In accordance with Sections 7 & 8 of the Open Public Meetings Act, we’re going to move into executive session to discuss Open Space Negotiations and the Boathouse Status.

ADJOURNMENT - Motion was made and seconded, all in favor and none opposed, the meeting went into executive session at 9:45 pm

Executive Session:
• Open Space Negotiations
• Boathouse Status

ADJOURNMENT - Motion was made and seconded, all in favor and none opposed, the meeting was adjourned at 10:18 pm.

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Raymond T. Perkins, Council President

I, LISA M. LASHWAY, Township Clerk of the Township of Mount Olive do hereby certify that the foregoing Minutes is a true and correct copy of the Minutes approved at a legally convened meeting of the Mount Olive Township Council duly held on September 30, 2008.

_________________________________
Lisa Lashway, Township Clerk
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