TOWNSHIP COUNCIL PUBLIC MEETING MINUTES - April 13, 2010

The Public Meeting of the Mount Olive Township Council was called to Order at 9:28 (a ten minute break was taken – meeting started at 9:43) President Tobey: We will begin with the Open Public Meeting Announcement as the Pledge of Allegiance and moment of reflection was earlier.

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

ROLL CALL

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

Absent: None

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

APPROVAL OF MINUTES OF PREVIOUS MEETINGS

President Tobey: We’re up to approval of Minutes of the previous meetings. Mrs. Labow, would you please make a motion on those?

Mrs. Labow: So moved.

February 16, 2010 WS & PM (Mr. Mania – absent)
March 2, 2010 WS & PM (All present)
March 16, 2010 WS & CS (All present)

President Tobey: Thank you, I’ll second that. Does anybody have any corrections to the Minutes?

Mrs. Labow: Before we Roll Call I just want to comment real fast, when Mrs. Lashway was short staffed, I had asked if I could volunteer to help out. One of things I volunteered to do was transcribe Minutes. I want to say that I got as far as the Ordinances and it is an extremely hard job to do.

Mr. Roman: So then you should know to speak briefly.

Mrs. Labow: Yes, that is my next point Mr. Roman. I had to transcribe your verbiage over and over and over again. Just to say that this is a job that is extremely time consuming and yes we do need to speak briefly and my vote is yes.

ROLL CALL – Passed with the exception of Mr. Mania who abstained on February 16, 2010.

President Tobey: Moving on, we have 74 pieces of Correspondence. Does anyone on Council wish to discuss any?

Mr. Roman: I was kind of troubled by Mr. Aspinall. Unfortunately, I did not get an opportunity to read the e-mail that is in reference here on the Agenda. Those are some serious allegations that he is making. I am assuming that the Police Department and the Detective Bureau are looking into it?

Mayor Scapicchio: Alex, I got a phone call from him through my office. I returned the call. He has gone to the Prosecutor. I don’t think he believes that anybody up here was the one that distributed that to this mass e-mail. He did tell me the nature of the responses of the e-mail he received. He did get some threatening e-mails that upset him to the point where he went to the Police Department and the Prosecutor’s office. I understand that they are now looking into that.

Mr. Roman: I for one want to make sure that this matter gets checked into extensively. The last thing I want is for the public not to feel that they can’t e-mail us either individually or as a whole for fear of repercussions. I’ve been the recipient of not so much threatening e-mails but some that weren’t too pleasant. Not once did they write to the level where I felt fear for my safety but if there is a resident out there, even if it is just one, that is just one too many. I would like to see a progress report on it or if there are any reports once the investigation is complete.

Mayor Scapicchio: Alex, were not going to give you a report. I mean it’s not in our hands. It’s in the Prosecutor’s hands. Mr. Roman, if that report is disseminated to the Administration, then I would like to see that report.

Mayor Scapicchio: Whatever we get, we will give it to you.

Mr. Sohl: We don’t tend to get that stuff at all. It’s a matter of Police, a privacy issue.

Mrs. Labow: Alex, I can meet with you and share a few more details.

Mr. Greenbaum: I can tell you that I never got the e-mail. I never saw it. Don’t know what it is. Did everyone else get it and read it?

Mrs. Labow: Yes.

Mr. Walsh: It was the first time I was made aware of this and it was extremely disturbing.

CORRESPONDENCE

LETTERS FROM RESIDENTS/ORGANIZATIONS

1. Email received March 12, 2010, from Anwar Aftab regarding After-School Programs. PDF Correspondence

2. Email received March 25, 2010, from Out to Bid regarding information about their services. PDF Correspondence.

3. Email received March 31, 2010, from North Jersey Resource Conservation and Development regarding volunteer opportunities and riparian plantings. PDF Correspondence

4. Email received April 5, 2010, from Mr. J.W. Brochu, regarding pending staff reductions and budget cuts. PDF Correspondence

5. E-mail received April 5, 2010, from Joseph Aspinall regarding the letter referring to the EMS Services sent to residents from the Mayor. PDF Correspondence

6. Petition received April 9, 2010, from the Senior Citizens of Mt. Olive Township regarding the termination of Diann Brochu. PDF Correspondence

RESOLUTIONS / ORDINANCES / CORRESPONDENCE OTHER TOWNS

7. Notice of public hearing received March 15, 2010, from the Town of Hackettstown regarding Master Plan Reexamination Report Hearing. PDF Correspondence

8. Resolution received March 17, 2010, from the Township of Hanover regarding a Resolution urging the Enactment of Legislation to reform the Police and Fire Fighters Binding Arbitration Process. PDF Correspondence

9. Notice of public hearing received March 29, 2010, from the Township of Washington regarding the Black Oak Golf Club, LLC. PDF Correspondence

10. Notice of public hearing received March 29, 2010, from the Township of Mount Olive regarding Metropcs New York, LLC Application No. B10-02. PDF Correspondence

11. Resolution received March 29, 2010, from the Township of Montville regarding a Resolution urging Conditional Veto of S-82. PDF Correspondence

12. Notice received March 30, 2010, from the Mount Olive Township Planning Board regarding a public hearing for Parminderjeet Sandhu, BL 7704, Lot 44 (341 Route 46.) PDF Correspondence

DOT / DEP / LOI / HIGHLANDS

13. Letter received March 15, 2010, from Kleinfelder East, Inc., regarding Public Notification of commencement of remedial investigative activities to property located at Exxon Service Station #230606, 114 Route 206, Flanders, NJ. PDF Correspondence

14. Letter received March 19, 2010, from the State of New Jersey, Department of Environmental Protection regarding No Further Action Letter, Shell Service Station, 35 Route 46 East, Budd Lake, NJ. PDF Correspondence

15. Letter received March 22, 2010, from JM Sorge, Inc. regarding Public Notification of environmental investigation located at Budd Lake General Store, 207 Route 46, Budd Lake. PDF Correspondence

16. Email received March 29, 2010, from the Morris County Department of Planning & Development-Division of Transportation regarding NJ Transit Proposed Service Cuts and Fare Increases. PDF Correspondence.

17. Letter received March 29, 2010, from the State of New Jersey, Department of Environmental Protection regarding a Deficiency Letter for Letter of Interpretation – Line Verification for Mt. Olive MC, LLC, BL 6000, Lots 5 & 6. (70 and 90 Pleasant Hill Road)

18. Letter received March 31, 2010, from the State of New Jersey, Department of Environmental Protection regarding a request for a one-year extension of time, treatment works Approval No. 07-0023, Active Adult Community, Mount Olive Twp. PDF Correspondence

19. Letter received March 31, 2010, from the State of New Jersey, Department of Environmental Protection regarding a Deficiency Letter of Interpretation-Line Verification for David Norrie, Esq., Block: 1201, Lot: 7. PDF Correspondence

20. Letter received April 1, 2010, from PCI, Professional Consulting Inc., regarding the Highlands Applicability Determination on behalf of the Indian Springs Well House, Block 2100, Lot 33, Mt. Olive Twp. PDF Correspondence

21. Letter received by fax April 7, 2010, from the State of New Jersey, Department of Environmental Protection regarding Jet Mountain Development, Notice of Violation for 438 & 440 Sand Shore Road, BL 8300, Lots 11 & 11.01. PRD Correspondence

LEAGUE OF MUNICIPALITIES

22. E-mail received March 12, 2010, from the New Jersey State League of Municipalities regarding Two Mayors Letters. (Red Tape Review & Initiation to Canada Day in Trenton. PDF Correspondence

23. E-mail received March 12, 2010, from the New Jersey State League of Municipalities regarding Three Issues. PDF Correspondence

24. E-mail received March 13, 2010, from the New Jersey State League of Municipalities regarding Survey on Municipal Budget Cuts and Cost Efficiencies. PDF Correspondence

25. E-mail received March 15, 2010, from the New Jersey State League of Municipalities regarding Time of Decision & S-1. PDF Correspondence

26. Email received March 15, 2010, from the New Jersey State League of Municipalities regarding Two Mayors Letters. (2010 Census Update – What you can do & Repeal of Licensing Requirement for Junkyards.) PDF Correspondence

27. Email received March 16, 2010, from the New Jersey State League of Municipalities regarding Three Issues. PDF Correspondence

28. Registration form received March 17, 2010, from the Morris County League of Municipalities regarding a tour of the Morris County Correctional Facility. PDF Correspondence

29. E-mail received March 17, 2010, from the New Jersey State League of Municipalities regarding FY2011 Budget Information and Storm Damage Assessment. PDF Correspondence

30. E-mail received March 17, 2010, from the New Jersey State League of Municipalities regarding Mayors Letters. PDF Correspondence
31. E-mail received March 17, 2010, from the New Jersey State League of Municipalities regarding Mayors Letters on Budget. PDF Correspondence

32. E-mail received March 18, 2010, from the New Jersey State League of Municipalities regarding recent Supreme Court Case on Tax Assessments. PDF Correspondence

33. E-mail received March 19, 2010, from the New Jersey State League of Municipalities regarding CY 2010 Property Tax Relief Certification. PDF Correspondence

34. E-mail received March 19, 2010, from the New Jersey State League of Municipalities regarding Three Upcoming League Seminars. PDF Correspondence

35. E-mail received March 19, 2010, from the New Jersey State League of Municipalities regarding Two Mayors Letters. PDF Correspondence

36. E-mail received March 22, 2010, from the New Jersey State League of Municipalities regarding Two Issues. PDF Correspondence

37. E-mail received March 23, 2010, from the New Jersey State League of Municipalities regarding Two Issues. PDF Correspondence

38. Email received March 23, 2010, from the New Jersey State League of Municipalities regarding a Housing Update. PDF Correspondence

39. E-mail received March 29, 2010, from the New Jersey State League of Municipalities regarding Mayors Letters on Pension Reform. PDF Correspondence

40. Legislative Bulletin received March 29, 2010, from the New Jersey State League of Municipalities regarding Bills that were enacted as Public Laws of 2009. PDF Correspondence

41. E-mail received March 29, 2010, from the New Jersey State League of Municipalities regarding Two Issues. PDF Correspondence

42. E-mail received March 29, 2010, from the New Jersey State League of Municipalities regarding Seminar Information. PDF Correspondence

43. E-mail received April 1, 2010, from the New Jersey State League of Municipalities regarding several issues. PDF Correspondence

44. E-mail received April 1, 2010, from the New Jersey State League of Municipalities regarding the Mayors April Newsline. PDF Correspondence

45. E-mail received April 2, 2010, from the New Jersey State League of Municipalities regarding the Mayors Newsline-Corrected Links for April 28 and May 6 Seminars. PDF Correspondence

46. E-mail received April 5, 2010, from the New Jersey State League of Municipalities regarding FY 2011 State Budget Testimony. PDF Correspondence

47. E-mail received April 5, 2010, from the New Jersey State League of Municipalities regarding 2010 Census lags behind in New Jersey. PDF Correspondence

48. E-mail received April 6, 2010, from the New Jersey State League of Municipalities regarding Family Preparedness for Floods and Flash Floods and Flood Assistance from FEMA, the IRS, and the SBA. PDF Correspondence

49. E-mail received April 6, 2010, from the New Jersey State League of Municipalities regarding Division of Pension & Benefits Guidance on Pension Reforms. PDF Correspondence

50. E-mail received April 7, 2010, from the New Jersey State League of Municipalities regarding the league providing municipal perspective on privatization practice, pitfalls, impediments and possibilities.

51. E-mail received April 9, 2010, from the New Jersey State League of Municipalities regarding Two Issues. PDF Correspondence

LETTER FROM LEGISLATIVE REPRESENTATIVES

52. E-mail received March 12, 2010, from Congressman Rodney Frelinghuysen regarding e-Newsletter. PDF Correspondence.

53. E-mail received March 16, 2010, from Congressman Rodney Frelinghuysen regarding e-Newsletter. PDF Correspondence.

54. E-mail received March 19, 2010, from Congressman Rodney Frelinghuysen regarding e-Newsletter. PDF Correspondence

55. E-mail received March 20, 2010, from Congressman Rodney Frelinghuysen regarding Action Alert: Health Care Taxes! PDF Correspondence

56. E-mail received March 21, 2010, from Congressman Rodney Frelinghuysen regarding e-Newsletter. PDF Correspondence

57. E-mail received March 26, 2010, from Congressman Rodney Frelinghuysen regarding e-Newsletter. PDF Correspondence

58. E-mail received April 2, 2010, from Congressman Rodney Frelinghuysen regarding e-Newsletter. PDF Correspondence

UTILITIES

59. E-mail received March 15, 2010, from Verizon regarding FIOS TV programming. PDF Correspondence

60. E-mail received March 19, 2010, from Verizon regarding FIOS TV rate notice. PDF Correspondence

61. Fax received March 29, 2010, from Comcast regarding free preview of Masters Golf Tournament programming in 3D. PDF Correspondence

62. E-mail received April 6, 2010, from Verizon regarding the Community Update. PDF Correspondence.

DCA

63. E-mail received March 15, 2010, from the State of New Jersey, Department of Community Affairs regarding the 17th Annual History Issue Convention. PDF Correspondence

64. E-mail received March 16, 2010, from the State of New Jersey, Department of Community Affairs regarding Downtown New Jersey General Board Meeting and Issues Forum. PDF Correspondence

65. E-mail received March 16, 2010, from the State of New Jersey, Department of Community Affairs regarding GovConnect Update. PDF Correspondence

66. Local Finance Notice received March 18, 2010, regarding CY 2010 State Aid Certification. PDF Correspondence

67. E-mail received March 30, 2010, from the State of New Jersey, Department of Community Affairs regarding GovConnect Update. PDF Correspondence

68. E-mail received April 5, 2010, from the State of New Jersey, Department of Community Affairs regarding an invitation from Downtown New Jersey to speak with Acting Commissioner of Community Affairs, Lori Grifa. PDF Correspondence

69. E-mail received April 7, 2010, from Downtown New Jersey, Inc. regarding News and Updates. PDF Correspondence

70. E-mail received April 7, 2010, from the Department of Community Affairs regarding a Warehouse Safety Course. PDF Correspondence

MORRIS COUNTY

71. E-mail received March 17, 2010, from the Morris County Prosecutor’s Office, Community Affairs Unit, regarding an invitation to attend the 2nd Annual Irish Heritage Month Celebration. PDF Correspondence

72. E-mail received March 25, 2010, from the Housing Partnership for Morris County, Home Ownership Center, regarding a free Home Buyers Expo. PDF Correspondence

MSA

73. List of allocations received April 5, 2010, from the Musconetcong Sewerage Authority regarding participating municipalities in the 4.31 MGD Water Pollution Control Plant and community usage for the 1st quarter of 2010. PDF Correspondence

74. Email received April 9, 2010 from the Musconetcong Sewerage Authority containing Minutes from the March 3, 2010 meeting. PDF Correspondence

ORDINANCES FOR PUBLIC HEARING - None

President Tobey: Moving on, Ordinances for public hearing, we have none.

ORDINANCES FOR FIRST READING – (2nd reading 4/27/2010)

President Tobey: Okay, the next item on the Agenda for First Reading is Ord. #9-2010, entitled:

Ord. #9-2010 Bond Ordinance Providing for the Resurfacing of Wolfe Road in and by the Township of Mount Olive, in the County of Morris, New Jersey, Appropriating $400,000 Therefor and Authorizing the Issuance of $150,000 Bonds or Notes of the Township to Finance Part of the Cost Thereof.

President Tobey: Mr. Walsh, would you please move that?

Mr. Walsh: I move Ord. #9-2010 to be introduced by title and passed on first reading and that a meeting be held on April 27, 2010 at 7:00 p.m. at the Municipal Building, 204 Flanders-Drakestown Road, Budd Lake, NJ 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 Tobey: Thank you, I’ll second that. Any Council discussion? Seeing none, Roll Call, please.

ROLL CALL – Passed Unanimously

President Tobey: Okay, the next item on the Agenda for First Reading is Ord. #10-2010, entitled:

Ord. #10-2010 An Ordinance of the Township Council of the Township of Mount Olive Prohibiting the Acceptance of Health Benefits for a Cash Buy-Out to Waive Same by Elected Officials.

President Tobey: Mr. Mania, would you please?

Mr. Mania: I move Ord. #10-2010 to be introduced by title and passed on first reading and that a meeting be held on April 27, 2010 at 7:00 p.m. at the Municipal Building, 204 Flanders-Drakestown Road, Budd Lake, NJ 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.

Mr. Greenbaum: Second.

President Tobey: Thank you, it has been moved and seconded. Any Council discussion? Seeing none, Roll Call please.

ROLL CALL – Passed Unanimously

President Tobey: Okay, the next item on the Agenda for First Reading is Ord. #11-2010, entitled:

Ord. #11-2010 An Ordinance of the Township Council of the Township of Mount Olive Regarding Private Storm Drain Inlet Retrofitting.
President Tobey: Mr. Roman would you please move that?

Mr. Roman: I move Ord. #11-2010 to be introduced by title and passed on first reading and that a meeting be held on April 27, 2010 at 7:00 p.m. at the Municipal Building, 204 Flanders-Drakestown Road, Budd Lake, NJ 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 Tobey: Thank you, I’ll second that. Any Council discussion? Seeing none, Roll Call please.

ROLL CALL – Passed Unanimously

President Tobey: The next item on the Agenda for First Reading is Ord. #12-2010, entitled:

Ord.#12-2010 Township of Mount Olive Morris County, New Jersey Calendar Year 2010 Ordinance to Exceed the Municipal Budget Cost of Living Allowance and to Establish a CAP Bank (N.J.S.A. 40A-4-45.14)

President Tobey: Mr. Greenbaum?

Mr. Greenbaum: I move Ord. #12-2010 to be introduced by title and passed on first reading and that a meeting be held on April 27, 2010 at 7:00 p.m. at the Municipal Building, 204 Flanders-Drakestown Road, Budd Lake, NJ 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 Tobey: Thank you, is there a second?

Mr. Mania: I’ll second it.

President Tobey: Any Council discussion? Mrs. Labow?

Mrs. Labow: I just wanted some clarification from Sherry on this, exactly what this means.

Mrs. Maniscalco: Basically, what happens is the Division establishes a rate that your budget can go up every year, Colleen. This year the rate was zero. We are allowed to by Ordinance to basically bank up to three and a half percent of our appropriations and that is what this is doing. It’s banking the difference between what we could have used and what we did use because we may need it in future years and there are times when we have.

Mrs. Labow: I understand but we have a couple of new Council people and this is the first time they’re coming into this and I just wanted to have a little extra. John, Pat, are you familiar with that? Okay, thank you, thank you Sherry.

Mrs. Maniscalco: You’re welcome.

President Tobey: Thank you, Roll Call please.

ROLL CALL – Passed Unanimously

CONSENT RESOLUTIONS AGENDA:

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

CONSENT RESOLUTIONS

1. Resolution of the Township Council of the Township of Mount Olive RE: Temporary Capital Budget.

2. Resolution of the Township Council of the Township of Mount Olive Authorizing the Omission from Tax Sale Certain Properties (Block 3700 Lot 63).
3. Resolution of the Township Council of the Township of Mount Olive Authorizing the Withholding from Tax Sale of Special Assessment Installments Not Yet Due.

4. Resolution of the Township Council of the Township of Mount Olive Authorizing the Submission of A Tonnage Grant Application To the State of New Jersey.

5. Resolution of the Township Council of the Township of Mount Olive Authorizing the Mayor to Execute a
Professional Services Contract with Van Cleef Engineering Associates for Engineering Services.

6. Resolution of the Township Council of the Township of Mount Olive Authorizing the Extension of a Contract with A qua Protech Labs for Water Testing Services.

7. Resolution of the Township Council of the Township of Mount Olive Authorizing a Contract for the Donation of Property to the Township of Block 400 Lot 10.

8. Resolution of the Township Council of the Township of Mount Olive Authorizing the Mayor and/or Business Administrator to Approve New Agreement for Engineering Projects Previously Contracted to CMX.

9. A Resolution of the Township Mount Olive, County of Morris and State of New Jersey Urging Governor Christie to Veto S-82/A-437 Regarding the Time of Decision Rule.

President Tobey: Moving on we are up to Consent Resolutions. We have nine listed as Consent. Does anyone on Council wish to move any to Non Consent? Seeing none, Mr. Roman will you please move them?

Mr. Roman: I move for approval of Consent Resolutions one through nine.

Mr. Mania: Second.

President Tobey: Thank you. It’s been moved and seconded. Anyone from the public wish to be heard on Resolutions one through nine? Does Anyone on Council wish to be heard?

PUBLIC PORTION ON CONSENT RESOLUTIONS - None

COUNCIL COMMENTS ON CONSENT RESOLUTIONS

Mrs. Labow: I just want to say really quickly, on Resolution Number eight, actually the Resolutions that deal with Gene Buczynski and moving to a new company, I just want to say that we are going to still have Gene Buczynski as our Township Engineer. Thank you very much Mayor and Administration for making that happen. Gene, welcome aboard, again.

President Tobey: Roll Call please.

ROLL CALL – Passed Unanimously

RESOLUTIONS NON-CONSENT

10. Resolution to Introduce the 2010 Municipal Budget.

President Tobey: We are up to Non Consent Resolution Number 10. Mr. Greenbaum, would you please move that?

Mr. Greenbaum: I’ll move it for approval.

President Tobey: I’ll second that. Does anyone from the public wish to be heard on Number 10? Anyone on Council, Mrs. Labow?

COUNCIL COMMENTS ON INDIVIDUAL RESOLUTIONS

Mrs. Labow: Mr. Tobey, as we all saw during the workshop sessions, some questions came about in terms of the budget that’s being proposed to be introduced this evening. One of the things that I wanted to have clarified that Judge Levine had mentioned, about the extra protection for the employee in the Court Clerk’s office. Exactly what does that mean? Is that a position that cannot be… do we need to get special permission from the Court?

Mr. Greenbaum: No, my understanding is that there is an obligation on the Court staff, and Mr. DiYanni can correct me if I’m wrong, that there is an understanding that the Court has that they need to notify the Superior Court that there is a potential of a loss of an individual in the office. It does not in any way preclude us from moving forward.

Mrs. Labow: Okay, in terms of all the other positions, I don’t know if this is something we really want to do in terms of eliminating positions at this time.

Mr. Roman: What time would you suggest?

Mrs. Labow: I wouldn’t suggest any time this year at this point, to tell you the truth.

Mr. Greenbaum: I would agree with you Colleen to a certain extent that there needs to be further discussion with respect to the budget. However, based upon the recommendation of the CFO and our Auditor in terms of the potential for a loss in State revenue if we don’t introduce at this particular meeting. I know that Mr. Tobey in having the budget prepared in the fashion that it was, was to comply with the recommendations of the Auditor. I would like to get a position from the Council President as to when the certain amendments to the budget can be discussed so that we have a firm date and that we move forward with the introduction of the budget as it is right now based upon the recommendations of both the Auditor and the CFO in light of the information which has been passed on. I don’t know whether or not Phil you have a date?

President Tobey: I believe that we can start to discuss and make any amendments at the next Council meeting. Is that correct?

Mrs. Lashway: I’m looking at Sherry. I think you can have workshops and discuss it but I think we have to have the public hearing on May 11, 2010. Then you can introduce amendments on May 11th.

Mrs. Maniscalco: I just want to remind everybody that we can’t do anything with this budget right now. We have to wait for the finalization of some of the tax appeals. Remember, we need to keep the budget open for the tax appeals. So resolve the issues you need to before then.

Mr. Greenbaum: We’re going to keep the budget open but I would still like to have a specific date where we can talk about two issues; personnel in terms of positions that were identified tonight and EMS. I would like to have a specific date where both of those can be identified in between the introduction of the budget, which we need to do and the passage of the budget, which we will do at some point that’s appropriate. If we could pick a meeting now, where we can discuss those items, so that at least the public that’s here, will know that’s the particular night that we’re going to be addressing the issues and whether or not…

Mrs. Labow: I have a question; do we have to have the final by May 11th?

Mrs. Maniscalco: No.

Mr. Greenbaum: As Sherry said early on, that’s not the exact date and also if there is tax appeal issues left open, we can’t finalize.

Mrs. Labow: Okay, good.

Mrs. Lashway: We’re advertising the public hearing on the budget on May 11th. After the public hearing, you can continue. You don’t have to adopt that night. You can introduce amendments or you can continue to another date in the future until you’re ready to adopt.

President Tobey: So in answering Rob’s question, we can go with April 27th, 2010 for the Workshop, correct?

Mrs. Lashway: Yes.

Mr. Greenbaum: Then we can just take straw polls in terms of each of the proposed cuts and also deal with the EMS issue.

Mrs. Maniscalco: Can I just say, on the 27th we have the Library coming in, we have DPW, we have Police and now we have EMS. I just want to put that out there.

Mayor Scapicchio: Were just going to have to work later.

Mrs. Maniscalco: Yes, I was going to say, bring your pillow and blanket or something because you’re going to be here for a while if you want to put personnel on too. I’m not looking to push it off; I’m just simply telling you. You know DPW and Police are going to be taking close to two hours just for them.

Mrs. Labow: Could we start earlier to accommodate? No, no one else can come early?

President Tobey: I think seven o’clock is a good time so let’s leave it at that. If we have to continue later, so be it.

Mr. Greenbaum: You see how many people had trouble getting to the meeting tonight.

Mrs. Labow: I know I hit traffic tonight. Mr. Tobey, if the Council wants to move forward with voting to approve this introduction to the budget, I would just really like for the Council President, or the Mayor, to make sure that our staff knows that just the introduction of this budget does not mean that their jobs are definitely eliminated. It just means that we’re going to try and comply with a requirement from the State so we don’t risk losing a percentage of our State funding. It’s still open for discussion. This is not a finalization here.

President Tobey: I’m going to ask the Mayor to comment on that. Before he does, while we are still going to have discussions, let’s not be mistaken, we’re talking about serious decisions to be made here so I don’t think it’s appropriate to give the inclination that this is a bluff call. These are serious topics and a serious vote to be forthcoming. How the Administration handles it, Mayor, Mr. Sohl…

Mr. Sohl: Just by way of information, to that point, we had discussed this pretty thoroughly with our Labor Attorney. We will have to, as we most recently understand it, do a certain amount of notification predicated on the probability or possibility. You’re right, it’s not a 100% definite because you can change your mind and you can do things with a vote.

Mr. Greenbaum: We haven’t made a decision at all! I heard a lot of people and get up and talk about that we should reconsider our decision in terms of layoffs. Position eliminations, let’s call it that, we haven’t voted on it. There’s no Council member…all were doing right now is passing an introduction of the budget which doesn’t include funding for those positions but we as a Council, as a Governing Body made a decision, one way or the other with respect to positions.

Mr. Sohl: I understand that but from a legal position as explained by our Labor Attorney who has an obligation of notification, even on the possibility.

Mr. Greenbaum: It doesn’t change my comment.

Mr. Sohl: Okay, in the context of how you phrase it, I understand what you’re saying.

President Tobey: Mrs. Labow?

Mrs. Labow: I do agree with you, we don’t want to give anybody false hope but I also don’t want people to think this means a finalization either. It’s just so people know, like Mr. Greenbaum said, this is simply an introduction so we can move for future discussions on the budget and not risk the five percent penalty on our State funding.

President Tobey: That is correct, it is on the table for discussion and we’re going to proceed from there. Thank you, any other Council comments? Seeing none, Roll Call please.

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

11. Resolution to Introduce the 2010 Solid Waste Collection District Budget.

President Tobey: We are up to Non Consent Resolution Number 11. Mrs. Labow, will you please…?

Mrs. Labow: I move Resolution Number 11. A Resolution to introduce the 2010 Solid Waste Collection District Budget.

President Tobey: Thank you, I’ll second that. Does anyone from the public wish to be heard? Seeing none, any Council comments? Seeing none, Roll Call please.

ROLL CALL – Passed Unanimously

12. Resolution of the Township Council of the Township of Mount Olive Approving an Emergency Purchase in the Amount of $30,200.00 Due to State Required 72 Hour Constant Rate Flow Test For Turkey Brook Well #2

President Tobey: Were up to non consent Resolution Number 12.

Mr. Walsh: I move Non Consent Resolution Number 12.

President Tobey: Thank you, is there a second?

Mr. Greenbaum: Second.

President Tobey: It’s been moved and seconded. Anyone from the public wish to be heard on Number 12? Seeing none, any Council discussion? Seeing none, Roll Call please.

ROLL CALL – Passed Unanimously

President Tobey: Moving on, we’re up to Motions. Mr. Mania, would you please move Motions one, two and three?

Mr. Mania: Thank you Mr. President. I move the approval of:

1. Raffle Application #2356 for District Lodge #6, Vasa Order of America; Raffle Application #2357 & #2358 for PTSA Lenape Valley; and Raffle Application #2359 for the Scandinavian American Heritage Society.
2. Appointment of Lou Nisivoccia and Donna Pilone to the Economic Development Committee for 3 year unexpired terms to expire 12/31/2010 and Paul Stefiniw to the Ethics Board for a 5 year unexpired term to expire 12/31/2013 and Carol Zazeski to the Pride Committee for a 3 year unexpired term to expire 12/31/2011.
3. Bill List.

President Tobey: Thank you, it’s been moved and seconded. Does anyone from the public wish to be heard on any of the Motions? Any Council comments?

Mr. Mania: Just a comment that I think Paul Stefiniw will make a good edition to the Ethics Board.

President Tobey: Yes, Mr. Stefiniw, if I miss pronounce it, I’m sorry. You’re here this evening, thank you for your willingness to serve the community. Is Miss Pilone here and Mr. Nisivoccia?

Mr. Mania: Lou is not here.

President Tobey: Well, thank you to them also. Any Council discussion? Seeing none, Roll Call.

ROLL CALL – Passed Unanimously with the exception of Mrs. Labow who voted no on the Bill List, and Mr. Roman abstained on the Bill List.

ADMINISTRATIVE REPORTS - none

OLD BUSINESS - none

NEW BUSINESS - none

LEGAL MATTERS - none

COUNCIL REPORTS

Recreation Liaison Report
Mr. Roman: On Recreation, I’m sure you guys are aware opening day ceremony is this Saturday. Opening day for Baseball and Softball started today. I look forward to finding out how my son’s team did. Once again we have the parade. It starts at 9:00 a.m. at Chester M. Stephens Middle School. I hope Colleen your arm…

Mrs. Labow: Unfortunately, I’m going to be at Rutgers University Saturday morning with my son, visiting the campus. It’s the first one I’ve missed so…

Mr. Roman: I look forward to not only excellent weather but the start of another excellent recreation baseball and softball season.

Board of Education Liaison Report
Mr. Roman: On the Board of Education there’s really not much for me to report. Dr. Reynolds pretty much summed up what’s going on but a reminder to the remaining people in the audience, and if we were live streaming to those out there; don’t forget to vote next Tuesday for the School Board. Not only for the budget but for the positions that are open.

Mrs. Labow: Tomorrows is the “Teach for a Day” for the public that Pat Walsh and I will be teaching. I have to report to homeroom at 7:10 a.m.

Mr. Greenbaum: What subject are you teaching?

Mrs. Labow: I’m teaching English.

Mr. Greenbaum: Home Ec…

Mr. Mania: Your teaching politics, right?

Mrs. Labow: Oh Rob, that’s a sexist comment. Pat’s got Gym and I have English.

Mr. Greenbaum: That’s not a sexist comment. My son came home and made couscous yesterday.

Mrs. Labow: Very good, excellent. My son loves to cook as well.

Mr. Greenbaum: He takes Home Ec. So I think that your comment, that my comment was sexist, was sexist.

Mrs. Labow: I apologize then, I apologize. My son enjoys cooking as well. We’ll be going over the Crucible and expository writing so it’s going to be a real good day.

Planning Board Report
Mr. Mania: Planning Board met at a Special Meeting on Monday evening. The Agenda was Marveland Farms which is an age restricted community on Pleasant Hill Road across from the Flanders Golf Course. There will be a few more meetings forthcoming before any decision will be made.

Senior Citizen Liaison
Mr. Mania: I am the liaison. Next Tuesday, for all the seniors that might be here, they have a meeting and I intend to be at that meeting myself with Council President Tobey, and Councilman Roman to insure the seniors that we will not abandon you. I too am a senior.

Library Board Liaison
Mr. Greenbaum: Anyone who is interested, I have the minutes from the prior meeting. It will be in my mailbox. It’s basically, business as usual. The next Library Board meeting is April the 20th if anyone wanted to attend. Just so you’re aware John, I just recently got my AARP application in the mail.

Mr. Mania: Congratulations Rob.

Mrs. Labow: Yes, It’s a momentous day. I noticed the extra grays in your beard there, Rob too.

Economic Development Committee Report
Mr. Walsh: Just one more real quick. I’d like to say the Economic Development Committee is up and running again. We had our first meeting and it went very well and there will be more to report in the future.

Board of Health Report – none
Open Space Committee Report – none
Legislative Committee Report – none
Pride Committee Report – none
Lake/Environment Issues Committee – none
Safety Committee Liaison – none
Community Development Revenue Sharing – none

President Tobey: Any other Council reports? Seeing none, we are up to the second public portion. Does anyone from the public wish to be heard?

PUBLIC PORTION

Amy Ingrassia, Budd Lake: I actually have a question about how a road is determined to be resurfaced. How does Wolfe Road, which is not really in bad shape get priority over another road? I’m just curious.

President Tobey: That is a great question.

Mr. Sohl: I cannot specifically answer that, other than to say that Wolfe Road is a major artery to the school system. That was probably a consideration.

Mrs. Ingrassia: I realize that. I drive it every day.

President Tobey: To answer the question, excuse me Mr. Sohl, is it Mr. Quinn the DPW Director that actually identifies?

Mr. Sohl: Yes, a recommendation came from there and we put in for a grant. Of that $400,000.00 allocated, there was $250,000.00 as a DOT Grant.

Mrs. Ingrassia: I was just curious because like I said, I drive it every day and considering some of the other roads that I drive in Town, that is not in bad shape, but anyway…okay. My other question is on budget revenue for recreation. You have these fees for new programs, additional new programs, program fees, new programs, and new programs. That means nothing to me as a resident what these revenues are from. I was just curious as to what they would be from.

Mr. Sohl: I don’t understand the question. Is that a question?

Mrs. Ingrassia: It’s a question because to me it says other revenues.

Mr. Greenbaum: The Recreation Department basically is self funded. So what she does for instance is she will run a Broadway show night and she’ll collect revenues related to the Broadway show event that she runs. We don’t generally fund the Recreation Department. It is done as a utility at this point. I understand that in the Budget that you have it doesn’t identify what programs she’s actually running. I suggest that you contact Jill. It’s not coming out of the general taxation fund.

Mrs. Ingrassia: It should be listed as a public item you know because it has 2009 on it too. You should be able to see where that money came from. It’s too broad of a description just to say programs or new programs. I mean, you have two things that say new programs and one that says additional new programs. It’s just an observation.

Mr. Walsh: That’s a good point. So you’re saying you would rather see a little more explanation.

Mrs. Ingrassia: Yes, I realize what your saying is that yes, I look at the budget for recreation and the revenues far exceed what the budget is but most people don’t realize that. So if they could see the breakdown a little bit better, it might help.

Mr. Mania: I think you’re going to get your answer.

Mrs. Maniscalco: Well, only part of it. The reason why the budget is set up that way in terms of the revenue categories, and bear with me because I’m going to try to make it as less technical as I can, okay? We can’t realize more than we anticipated or collected in revenue in the year before, so basically every time Jill wants to increase her program budget we have to create a new line that says programs and additional new programs okay. That’s why it’s there. It’s not a typo, that’s just how we have to do it.

Mrs. Ingrassia: I realize it’s not a typo. It just seems weird when you just see programs and new programs. It’s like okay, where did it come from? Did it come from softball, did it come from something, you know, where did it come from?

Mrs. Maniscalco: Sure.

Mrs. Ingrassia: Okay, thank you.

President Tobey: Thank you, Mr. Roman?

Mr. Roman: Sherry, I’m assuming that along with our budget, Jill’s budget and all the other utilities, they are available on line in a more detailed fashion?

Mrs. Maniscalco: Yes, I believe that Scott has them online and I don’t know…I think the one we have up there Alex is the Mayor’s proposed budget because really up until this point that’s all that we had. I’ll make sure that the budget we are introducing tonight gets put up there tomorrow.

Mr. Roman: I would also request that it’s put online but the possibility of what the tax increase would be if that proposed budget…

Mrs. Maniscalco: That’s all on there. My whole budget program is literally on there. They can make no changes but they can look all they want.

President Tobey: Thank you, does anyone from the public wish to be heard on any other items?

Lisa Kennedy, Stedwick Village: Is there any way you could put on the spreadsheet a little section where you could pop in your household assessment in and it calculates out? Because every time I try to do it, it comes up wrong.

Mrs. Labow: Sherry?

Mrs. Maniscalco: Which spreadsheet are you talking about?

Mrs. Kennedy: On the budget spreadsheet. I think you have some numbers where it calculates out what the potential tax was going to be. For those of us who actually have to budget for the full year out of our paychecks…

Mrs. Maniscalco: What I do on my tax rate sheet is there is no place for me to populate it. What it does is it takes… I’ll look at the average assessment because obviously I can’t put in everybody’s assessment so if you want to calculate it all you really need to do is take your assessment and multiply it by the tax rate and your good to go.

Mrs. Kennedy: Oh, okay…I didn’t understand that. We spent a lot of time…

Mrs. Maniscalco: When you look it up tomorrow, you will see if you go to my tax rate sheet, you’ll actually be able to see what the municipal tax rate is and then if you just multiply that by your assessment, you’ll see what your municipal portion is.

Mr. Roman: And that’s only for municipal?

Mrs. Maniscalco: I also have estimates in there for just really everything so I’m usually pretty close. You could actually look at my overall tax rate that I have in there and come up to where I think we’re going to be overall. Okay, so you just take your assessment times the total and you’re good to go.

President Tobey: Anyone else from the public? Seeing none, Council comments?

COUNCIL COMMENTS

Mrs. Labow: I would like to just say that I was very dismayed to see the mailer that Phil Tobey and Mayor Scapicchio sent out to all of the residents in Town. It was just a one sided view of the EMS situation. I believe there’s a lot of misinformation in there. Also, the fact that it named all the Council people, kind of implied that all the Council people were on board with that. I think it would have been nice before this went out that the Council members were made aware of this mailer instead of all this… or some of us, depending on who got it. I started getting these phone calls from people and they were rather irate. I also believe that… I heard a lot of comments about the grammatical and spelling errors and everything else that it contained and the fact that at least $3,000.00, I think it’s about $3,000.00 was spent in mailing this out. I think, at least put more views in there if taxpayer’s dollars were going to be spent. I was extremely upset with that use of taxpayer’s money.

President Tobey: Thank you, Mr. Walsh?

Mr. Walsh: First of all I wanted to publicly apologize to Mrs. Kennedy. I am sorry I get a little touchy sometimes. I take a lot a pride in the fact that I am doing this, for what I hope is all the right reasons and you’re absolutely correct if we do not do what the public wants, then you should vote the people out. I’m sorry if I get a little huffy.

Mrs. Kennedy: Thank you.

Mr. Walsh: You’re welcome and thank you. And that’s it.

Mr. Mania: I guess I would be remiss if I didn’t expound on the tough decisions that this Council is faced with. I was elected last November to auger growing disenchantment with Mount Olive’s propensity to over tax our residents because they had acquired a habit of overspending. There must come a time where government is held accountable for their actions and that time is now. During my campaign I vowed to restore the peoples’ trust in government and take bold action towards reducing municipal costs. This evening I am fulfilling my promise. Budgets are a serious business and should not be taken lightly. Decision making can be hard and almost any decision involves some conflicts or dissatisfaction. The difficult part is to pick one solution or the positive outcome can outweigh possible losses. The decisions made this evening have been tough; however I sincerely believe that a smaller government that lives within its means is the only responsible solution to our Town’s debt challenges. I also believe that the decision made this evening will not affect the services rendered to our residents one iota. I commend Council President Tobey for taking on the daunting task of gathering budgetary information, identifying the excess spending, evaluating the overall consequences, and an outcome of downsizing government and having the courage to put his recommendation into action. He has proven that government can be physically responsible and I support the direction he’s proposing. Thank you.

President Tobey: Thank you, Mr. Roman?

Mr. Roman: I would like to expand on something Mr. Walsh said earlier today. I’m commending the response from the senior citizen community in support of Mrs. Brochu. The comments that were demonstrated by the residents were not only eloquent but they were also in a manner which is befitting a public venue as this. I also would like to commend President Tobey for identifying cuts. It’s never easy to propose anybody’s job to be eliminated. It’s easy to cut paperclips; it’s easy to say cut office equipment. It’s not easy to terminate somebody’s position. Being a business owner, I have had to terminate people in the past. Half the time it was easy the other half, it was not easy at all. Rest assured that any decision that is made by myself and I’m sure the rest of the Council is not done whole heartedly but it’s done in the best interest of not only a segment of the population but all the residents as a whole. Mrs. Labow, to expand what you said earlier where you took issue with the Mayor and Mr. Tobey’s mailer and that they only presented one side of an issue… I generally expect that when somebody sends out a piece of information, they are sending it out within their perspective in mind and to give information that they wish to be placed out there. I don’t ever expect if some other person puts out any information that they would argue both sides of the issue with gusto. I do take issue to some of your comments that you made in the public and on the internet. One, referring to what the Mayor and Mr. President Tobey have done and referred to them as Joseph Goebbels. I think that comment was a little over the top in comparing him to a Nazi propagandist. While you may disagree with either what they have to say as far as opinion and maybe the facts that they choose to reiterate, I don’t think it rises to the level of Nazi and a reference to the Holocaust.

Mrs. Labow: I’m not saying that there Nazi’s, it’s the big lies…

Mr. Roman: I think you could have picked some other person in history, or not even make a comparison to Joseph Goebbels.

Mrs. Labow: Read the definition Alex. You’ll see it fits perfectly.

Mr. Greenbaum: Is it my turn now?

President Tobey: Thank you, Mr. Greenbaum?

Mr. Greenbaum: I have no comment.

President Tobey: Thank you, just a couple of comments on my part. When I took an Oath of Office, I took it to impartially serve the community and serve my position as a Council member. I believe I’ve done that. I believe that the mailer was factual. I put recommendations on the table for discussion in order to bring the Mayor’s proposed budget in at a more conservative figure. I’m okay with people that don’t agree with that because I’ve always said that’s what makes this system work, when people disagree and we debate so I’m okay with that. I take my position very seriously and I’m very much aware of the impact that my decisions have both on employees and the residents of this community. Thank you.

Mr. Greenbaum: Motion to adjourn.

President Tobey: I’ll accept the Motion to adjourn.

Mr. Mania: So moved.

Mrs. Labow: Second.

AYE

ADJOURNMENT

Motion was made and seconded, all in favor and none opposed, the meeting was adjourned at 10:23pm.

_________________________________
Phil Tobey, 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 April 27,2010.

_________________________________
Lisa Lashway, Township Clerk

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