COUNCIL PUBLIC MEETING MINUTES - DECEMBER 9, 2008

TO SEE PDF COPIES OF CORRESPONDENCE, ORDINANCES & RESOLUTIONS, CLICK HERE: December 9, 2008

The Public Meeting of the Mount Olive Township Council was called to Order at 9:25 pm by President Perkins with the Pledge of Allegiance.

PLEDGE OF ALLEGIANCE & MOMENT OF REFLECTION

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, Mrs. Labow, Mr. Tepper, Mr. Greenbaum, Mr. Rattner, Mr. Perkins, Mr. Tobey

Absent: none

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

Questions on Bill List?

President Perkins: That takes us to questions on the Bill List. Anyone have any questions on the Bill List? Mr. Russell, do you have any questions on the Bill List?

Mr. Tepper: Being proactive.

APPROVAL OF MINUTES OF PREVIOUS MEETINGS

President Perkins: That takes us to the Approval of Minutes of Previous Meetings. Mr. Greenbaum.

Mr. Greenbaum: I move:

Nov. 24, 2008 CS, WS & PM – Mr. Tobey absent

Mr. Tepper: Second.

President Perkins: Council comments, discussions? Seeing none, Roll Call.

ROLL CALL – Passed with the exception Mr. Tobey abstained

CORRESPONDENCE

LETTERS FROM RESIDENTS/ORGANIZATIONS

1. Letter received December 3, 2008, from A&P regarding a Township Water Tower located at Bartley-Flanders Rd. & Route 206. PDF Correspondence

2. Letter received December 3, 2008, from Nusbaum, Stein, Goldstein, Bronstein & Kron regarding Lemar Road, Block 2000 Lot 23. PDF Correspondence

RESOLUTIONS / ORDINANCES / CORRESPONDENCE OTHER TOWNS

3. Letter received December 1, 2008, from the Byram Township Planning Board regarding a Public Hearing on the 2008 Amendment to the Housing Element and Fair Share Plan Element of the Master Plan of the Township of Byram, Sussex, County. PDF Correspondence

4. Letter received December 2, 2008, from the Town of Boonton regarding a Resolution Supporting Assembly No. A-2760a and Senate No. S-1785, Enhanced Security for Municipal Court Facilities. PDF Correspondence

5. Resolution received December 4, 2008, from Jefferson Township regarding the Retirement of Ilene St. John. PDF Correspondence

6. Resolution received December 5, 2008, from the Morris County Board of Chosen Freeholders regarding Pearl Harbor Day, Flags flown at Half Staff. PDF Correspondence

DOT / DEP / LOI / HIGHLANDS

7. Letter received November 24, 2008, from the State of New Jersey, Department of Environmental Protection regarding a No Further Action Letter and Covenant Not to Sue regarding #2 Heating Oil Underground Storage Tank for KH Advertising Property, 181 NJSH Route 206, Flanders. PDF Correspondence

8. Letter received December 1, 2008, from the State of New Jersey Highlands Water Protection and Planning Council regarding the Highlands Regional Master Plan. PDF Correspondence

9. Letter received December 1, 2008, from Thonet Associates, Inc. regarding NJ Highlands Plan Conformance. PDF Correspondence

10. Letter received December 1, 2008, from Redco Engineering & Construction Corp. regarding Bartley Chester Business Park, Inc, 704 Bartley Chester Road. PDF Correspondence

11. Letter received December 4, 2008, from Yannaccone, Villa & Aldrich, LLC regarding Wicklow & Laurano Properties, LLC, 362 Route 206. PDF Correspondence

MORRIS COUNTY

12. Letter received November 17, 2008, from the Morris County Board of Chosen Freeholders regarding an invitation to their Reorganization Meeting January 5, 2009. PDF Correspondence

13. Letter received November 21, 2008, from the Morris County Department of Planning, Development, & Technology, Division of Community Development regarding CDRS Appointments. PDF Correspondence

14. Letter received November 24, 2008, from the Morris County Department of Planning, Development, & Technology, Division of Planning regarding the Adoption of Morris County Master Plan Element. PDF Correspondence

15. Letter received December 4, 2008, from the Morris County Department of Planning, Development, & Technology, Division of Planning regarding the NJDEP Wastewater Management Plan for Morris County – Request for comments / offer to confer. PDF Correspondence

LEAGUE OF MUNICIPALITIES

16. Email received November 25, 2008, from the State of New Jersey League of Municipalities regarding Pension Payment Deferral Details, Governor’s Conference on Workforce and Economic Development, and Conference Handouts Posted Online. PDF Correspondence

17. Email received November 26, 2008, from the State of New Jersey League of Municipalities regarding an NJLM e-Bulletin. PDF Correspondence

18. Email received November 26, 2008, from the State of New Jersey League of Municipalities regarding COAH Third Round Regulations. PDF Correspondence

19. Email received December 3, 2008, from the State of New Jersey League of Municipalities regarding December Grant Page Posted, League Professional Development Seminar: Dealing with State Contracts and Laws Not within Local Public Contracts Law, League Professional Development Seminar: Labor and Employment – Year End Review (Legislative & Case Law), New Jersey Municipalities. PDF Correspondence
20. Email received December 4, 2008, from the State of New Jersey League of Municipalities regarding Invitation to Attend, 17th Annual Mayors' Legislative Day, Draft Flood Hazard Area Technical Manual Released with 30-Day Invitation for Comments, League Executive Board Adopts Resolution Supporting MAINSTREET Economic Stimulus Priorities, Important New Information from the Division of Local Government Services. PDF Correspondence

UTILITIES

21. Letter received November 24, 2008, from Comcast regarding a Channel Change. PDF Correspondence

22. Letter received December 1, 2008, from Comcast regarding the Digital Economy Tier. PDF Correspondence

23. Letter received December 1, 2008, from Jersey Central Power & Light regarding 2009 Vegetation and/or other routine maintenance activities. PDF Correspondence

24. Email received December 3, 2008, from Verizon regarding Important Required Annual Information. PDF Correspondence

DCA

25. Email received November 25, 2008, from the State of New Jersey Department of Community Affairs regarding COAH Resources Available. PDF Correspondence

26. Email received December 4, 2008, from the State of New Jersey Department of Community Affairs regarding two new local finance notices. PDF Correspondence

TORT

27. Civil action third party complaint received December 2, 2008, copied from the office of Dorsey & Semrau regarding the Blue Bird Inn, LLC vs. Township of Mount Olive. PDF Correspondence

President Perkins: That takes us to Correspondence of which we have 27 pieces of Correspondence. Any Councilmember wish to discuss any piece of Correspondence? Mr. Roman.

Mr. Roman: Regarding the letter from A&P for advertising on the water tower. As many of you know, I am a business owner. I am pro-business but I definitely would not like to see any advertising on the water tower, even if it would benefit the Township by some much needed revenue. I just would hate to set a precedent where we start advertising on every available piece of vertical place.

President Perkins: Any other comments? Mr. Tepper?

Mr. Tepper: My only comment to that is if we’re going to consider advertising, we ought to put it out to bid so that we can get the most amount of money. If I had my druthers we would not, but I certainly would think that if A&P is interested, so would Shop Rite.

President Perkins: That is true. Mr. Sohl.

Mr. Sohl: When that letter came in I just copied it over to Catherine Natafalusy to provide some feedback relative to what the implications are. I believe Mr. Tepper is correct that if we were to try to offer it on an exclusive basis that it would have to be prior bid.

Mr. Greenbaum: The ramifications are far greater than that, that you’re talking about every business owner in Town wanting a sky high sign similar to what Shop Rite in Flanders wanted originally, which was denied by the Planning Board for that very reason. It just is not something that, I think, a majority of the Township would be in favor of. In fact, I would very strenuously argue against allowing that type of signage that high in the air that would make Mount Olive a very undesirable place to live.

Mr. Tepper: Mr. Greenbaum, I believe right now, would we not have to amend the ordinance, because our Planning Board ordinances prohibit signs beyond a certain size as well as height.

Mrs. Labow: That’s right.

Mr. Rattner: And off-site.

Mrs. Labow: And off-site, true.

Mr. Sohl: What I’d like to suggest, I mean, if there’s a consensus of the Council right now to basically deep six that entire idea…

Mr. Tepper: Yes.

Mr. Sohl: …we simply respond and indicate that that’s been discussed at a meeting held tonight, and the governing body…

Mr. Tepper: We appreciate your interest but we’re not interested.

Mrs. Labow: So you want Mr. Perkins to take a vote?

Mr. Rattner: I don’t think you want a straw poll.

Mr. Sohl: I mean, Administratively, or not Administratively.

Mrs. Labow: I don’t think Ray heard the conversation.

President Perkins: Go ahead, Mrs. Labow.

Mrs. Labow: Bill was saying that if the Council is opposed to having any of the water towers, or any height type things used for commercial signage and advertising, should we just deep six that request right now?

Mr. Sohl: Perhaps…

Mr. Tepper: Well, our current ordinances prohibit it.

Mrs. Labow: It’s prohibited.

Mr. Tepper: So you would have to amend current ordinance.

Mr. Dorsey: You have to deep six it. There’s nothing you can do.

Mrs. Labow: I just wanted to…

President Perkins: I don’t think there’s enough Council members that are in favor of seeing Shop Rite, Pathmark, A&P or anything else on our water towers.

Mr. Roman: Or DTA.

Mr. Tepper: That was going to be Alex’s marketing.

Mrs. Labow: Or DTA. See, that’s where Alex wanted to have…

President Perkins: On the top of it a smiley face is okay.

Mr. Greenbaum: I think instead we should put up the Honorable David Scapicchio, Mayor, on the top of the water tower.

President Perkins: Just a picture of his face.

Mrs. Labow: Yes, that would be great.

Mayor Scapicchio: My name’s too long.

Mr. Tepper: It would wrap around.

Mr. Rattner: It’s a big water tower.

President Perkins: Anyone else have any other questions or comments on any other piece of Correspondence? Seeing none, I take a motion to accept the Correspondence.

Mr. Rattner: So moved.

Mrs. Labow: Second.

President Perkins: All in favor?

AYE

ORDINANCES FOR PUBLIC HEARING

President Perkins: That takes us now to Ordinances for Public Hearing. The next item, I open the hearing to the public on Ord. #52-2008, entitled:

Ord.#52-2008 An Ordinance of the Township of Mount Olive Accepting the Donation of Certain Lands from Silver Spring Manor, Inc.

President Perkins: Anyone from the audience wish to be heard on that ordinance? Seeing none, I’ll close it to the public. Mr. Tepper, would you move that?

Mr. Tepper: Yes, sir. I move Ord. #52-2008 for adoption and final passage.

Mr. Greenbaum: Second.

President Perkins: Any Council discussion? Roll Call.

ROLL CALL – Passed Unanimously

ORDINANCES FOR FIRST READING - None

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 Authorizing a Chapter 159 Budget Amendment in the 2008 budget for the Body Armor Replacement Fund for $5,232.45.

2. Resolution of the Township Council of the Township of Mount Olive Providing for the Transfer of 2008 Budget Appropriations for the Current Fund, Water and Sewer Utilities.

3. Resolution of the Township Council of the Township of Mount Olive Authorizing the Cancellation of Various Grant Balances.

4. Resolution of the Township Council of the Township of Mount Olive Authorizing the Hiring of AON Consulting to Perform the Necessary GASB 45 Calculations in Accordance with the Division of Local Government Services.

5. Resolution of the Township Council of the Township of Mount Olive Supporting Assembly No. A-2760 and Senate No. S-1785 as These Measures Seek to Provide Funding for Enhanced Security in and Around Municipal Court Facilities.

6. Resolution of the Township Council of the Township of Mount Olive Authorizing the Business Administrator and DPW Director to Sign and Submit an Application and Plans to New Jersey DEP to Construct an Interconnection Between the Goldmine Water System and the Morris Chase/Morris Hunt Water System.

7. Resolution of the Township Council of the Township of Mount Olive Awarding a Contract to Jet-Vac, Inc. for (1) Portable TV Inspection System with Multi-Conductor Cable for 8” to 36” Diameter Pipelines.

8. Resolution of the Township Council of the Township of Mount Olive Authorizing a Novation Agreement Between the Township and Applied Water Management Inc., for Continuation of Sludge Removal Services.

9. Resolution of the Township Council of the Township of Mount Olive Authorizing an Agreement with Saint Clare’s Hospital for Community Health Services.

10. Resolution of the Township Council of the Township of Mount Olive Authorizing an Inter-Local Health Services Agreement with the Borough of Mt. Arlington for the Provision of Health Services Pursuant to the Inter-local Services Act.

11. Resolution of the Township Council of the Township of Mount Olive Authorizing an Inter-Local Health Services Agreement with the Borough of Netcong for the Provision of Health Services Pursuant to the Inter-Local Services Act.

12. Resolution of the Township Council of the Township of Mount Olive Endorsing a Change in the Traffic Light Phasing at the Intersection to Route 206 and Main Street/Flanders-Netcong Road.

13. Resolution of the Township Council of the Township of Mount Olive Authorizing the Release of Performance Guarantees in Connection with Flanders Court Associates.

14. Resolution of the Township Council of the Township of Mount Olive Authorizing the Mayor Undertake an Energy Audit Through the NJ Clean Energy Program and Participate in the Countywide Renewable Energy Initiative The Morris County Improvement Authority and Morris County Freeholders.

15. Resolution of the Township Council of the Township of Mount Olive Establishing the Annual Reorganization Meeting for January 6, 2009.
President Perkins: Ord. #52-2008 has passed on second reading, and I hereby direct the Clerk to forward a copy of same to the Mayor and publish a notice of adoption as required by law. There are no Ordinances for First Reading. That takes us on to the Consent Resolutions Agenda. Any Councilmember may request any individual resolution on the Consent Agenda to be removed from the Consent Agenda List and be acted on separately.

Mrs. Labow: Five.

Mr. Tepper: Seven

Mr. Rattner: Seven I thought we were just taking off and putting on for two weeks.

President Perkins: That is.

Mr. Tepper: Is it removed?

President Perkins: Yes.

Mrs. Labow: It’s removed already? Is five removed, Ray?

Mr. Rattner: No.

President Perkins: No.

Mrs. Labow: We’re just going to vote no?

Mr. Rattner: We’re just going to vote no. We didn’t want to vote no on seven.

Mr. Roman: And I’d like to remove, put 14 on Non Consent.

PUBLIC PORTION ON CONSENT RESOLUTIONS

President Perkins: Okay, does anyone from the public wish to be heard on Consent Resolutions 1 through 4, 6, 8 through 13 and 15? Mr. Bonte.

Richard Bonte, Budd Lake: I just have a question on Resolution #2 on the Water Utility and Sewer Utility. Are those transfers within the utility budgets?

Mrs. Maniscalco: Yes.

Mr. Bonte: Okay, thank you.

Mr. Rattner: In fact, it should be over there so you can see it.

Mr. Bonte: I have it. I just wanted to clarify.

President Perkins: Anyone else from the public? Seeing none, I close it to the public. Mr. Roman, would you move those?

Mr. Roman: I move for approval of Consent Resolutions 1 through 4, 6, 8 through 13 and 15.

Mrs. Labow: Second.

COUNCIL COMMENTS ON CONSENT RESOLUTIONS - none

President Perkins: Comments from the Council? Roll Call.

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

RESOLUTIONS NON CONSENT

President Perkins: That takes us to Non Consent Resolution #5. Mrs. Labow, would you move that?

Mrs. Labow: I move Resolution #5. This is the one we spoke about to, I guess we just vote on it at this point?

5. Resolution of the Township Council of the Township of Mount Olive Supporting Assembly No. A-2760 and Senate No. S-1785 as These Measures Seek to Provide Funding for Enhanced Security in and Around Municipal Court Facilities.

President Perkins: Yes. Any other comments, questions on that one? We discussed at Workshop. None, Roll Call.

Mrs. Lashway: Was there a second?

Mrs. Labow: Do you have to…?

President Perkins: Can I have a second, please?

Mr. Roman: Second.

President Perkins: Call the Roll.

Mrs. Lashway: Mr. Greenbaum?

Mr. Greenbaum: I’m sorry, I was…

Mrs. Labow: Number 5, the one about the bill…

Mr. Greenbaum: Number 5? No.

ROLL CALL – Defeated Unanimously

President Perkins: Number 7 has already been removed for consideration. That takes us now to #14. Mr. Rattner, would you move that, please?

Mr. Rattner: I move Resolution #14.

14. Resolution of the Township Council of the Township of Mount Olive Authorizing the Mayor Undertake an Energy Audit Through the NJ Clean Energy Program and Participate in the Countywide Renewable Energy Initiative The Morris County Improvement Authority and Morris County Freeholders.

Mrs. Labow: Second.

PUBLIC PORTION ON INDIVIDUAL RESOLUTIONS

COUNCIL COMMENTS ON INDIVIDUAL RESOLUTIONS

President Perkins: Open for discussion. Mr. Roman.

Mr. Roman: The other reason I put this on Non Consent, and I just want to add to my previous comments that within that resolution, it is to participate in the Countywide Renewable Energy Initiative. I just have a problem with only focusing on the renewable energy. I would just like, you know, would like to see that all aspects of energy initiatives be reviewed, looked at, not just renewable. I believe renewable only includes solar and wind. That was my only comment on that.

Mrs. Labow: Actually, renewable…

President Perkins: Thank you. Any other comments?

Mr. Sohl: Yes, I think the resolution is multifaceted.

President Perkins: It is.

Mr. Sohl: It’s an energy audit in terms of non-renewable energy, savings in terms of use. It’s pointing to the fact of the County led effort for renewable energy, which is a meeting that the Mayor and I will be attending on Thursday night.

Mr. Roman: I mean, I’m all for an energy audit by all means. Audit, and we find, I just don’t want to concentrate…

Mr. Sohl: The resolution is not limiting in that sense.

Mr. Roman: I’m just basing it on the wording, “renewable energy initiative.” That’s all.

President Perkins: Okay, thank you. Any other comments? Roll Call, please.

ROLL CALL – Passed Unanimously

MOTIONS

President Perkins: That takes us to Motions. We have two Motions. Mrs. Labow, would you move Motion #1, please?

Mrs. Labow: Thank you, Mr. President. I move for approval of:

1. Approval of Raffle Application #2285, Bingo Application #2286 and Raffle Application #2287 for K of C #6100 Fr. Joseph A. Cassidy Council and Amendment to Raffle License #2276 for the Lions Club Mt. Olive.

Mr. Rattner: Second.

President Perkins: Thank you. Any Council comments? Roll Call, please.

ROLL CALL – Passed Unanimously

President Perkins: Bill List, Mr. Rattner.

Mr. Rattner: Thank you, Mr. President. I move the Bill List as presented.

2. Bill List. PDF Bill List

Mrs. Labow: Second.

President Perkins: Any other questions or comments? Seeing none, Roll Call.

ROLL CALL – Passed Unanimously

ADMINISTRATIVE MATTERS

President Perkins: That takes us to Administrative Matters. Mr. Sohl, anything else?

Mr. Sohl: Yes, two things. One, on your way out if you didn’t notice on your way in tonight, in the lobby area adjacent to the Police window, there’s a new, looks like a sign but it has got slots in it for official notifications. The intent being to obviously take the sticky tape off of the front doors, and there is a similar one on each of the other two entrances. That was a little project that Christie Stachnick in my office headed up with the buildings and grounds people. That was accomplished today.

Mrs. Labow: Very nice.

Mr. Sohl: And Sherry has a few words she’d like to add relative to tax collection rates, etc.

Mrs. Maniscalco: I just want to talk a little bit about the budget in terms of where we are, because I do have some good news. Our tax collection rate has now hit 98%. So despite all of the concerns about the economy and the recession and this and that, we’ve now hit 98%. We’ve realized $200,000 more than I thought we would as of September. That’s only through, actually that was through yesterday. So that’s really great news. I think it probably will come in a little bit lower than last year, but as I said it’s over 98%. So we’re doing really well with that right now. Also, in terms of budget cancellations I expect that we’re probably going to be double what I had originally thought in September. I said at least $125, but I think it’s going to be closer to $250. We did really well in areas. Vehicle fuel, we did really well in fleet maintenance. I don’t know that we’ll be able to cancel but we’re not going to go over there, which as you know, has been a concern in prior years. A number of different things. You’ll see the resolutions, obviously. I’ll put them on for the next meeting, the standard cancel this and cancel that. In terms of the budget, you’re probably all aware of the infamous pension deferral that’s going on. We’re still waiting for some more information on that. As it stands right now, in terms of our PFRS bill we were at about $1.3 million. The Director got back to me and cut that $200,000 because they over calculated as a result of a retro pay. I think I mentioned this to you before. So I’m waiting for more information on that. You know, obviously, whether we take advantage of that or whether they let us not take advantage of that is sort of up in the air at this point. There is a budget seminar at the beginning of January that I’m going to be going to that’s sort of going to talk about the pension issue. What are they going to do with the property tax levy cap? As you know that was implemented last year. There’s a number of things that are sort of up in the air. I do expect surplus is going to be higher than what I thought. I thought it would be about $3.5 million. I don’t have an exact figure. I’m not going to give that out, but I do expect that it’s going to be higher than that. Okay, so just some good news on the horizon.

President Perkins: Thank you. That is nice news. Mr. Roman?

Mr. Roman: Sherry, has there been any, with the recent decrease in fuel costs, have we been seeing any unexpected benefits in that area?

Mrs. Maniscalco: Yes, the vehicle fuel budget as you know, the utilities are the hardest thing to budget every year. Vehicle fuel, mostly. The phone, now that we finally have that straightened out isn’t really an issue. The vehicle fuel budget is tough because we just don’t know where it’s going to be. So we put in $375,000 and I’m thinking we’ll be about $70,000 less than that, but if you noticed tonight, I did a transfer out to cover some other things that we needed of about 26. I think that we’ll do really well there. We got lucky because fuel prices, as you know, just recently dropped. Had they continued to remain at the same level, obviously, we would have been much closer to what we budgeted.

Mr. Rattner: Alex, we budgeted three and a quarter this year and when she gave her estimate a couple of months ago, we were just wondering what we were going to be doing because we were at $350,000 at the time, but that was temporary. We started the year at probably the high two’s. Right now, I think the last bill I saw we’re paying $1.24. So we finally got a break on that. Now, if the weather cooperates because whatever we save on gas, you know, if we keep getting these storms, because we know how much it costs just to put down a layer of salt when we have it. We’ve already had, we had one major storm and one minor one already and it’s just the beginning of December. So that’s the scary thing.

Mrs. Maniscalco: We actually budgeted $375,000, is what we had in there.

Mr. Rattner: $3.75?

Mr. Roman: No, $375,000.

Mrs. Maniscalco: $375,000, Steve.

Mrs. Labow: You said three and a quarter.

Mr. Rattner: No, I said three and a quarter was the price per gallon. That’s the way people can relate.

Mrs. Maniscalco: Oh, per gallon. Okay, I got you.

Mr. Rattner: And we pay about forty cents less than what you see marked on the gas stations because we don’t pay taxes.

Mrs. Maniscalco: We’ll also be able to, legal fees, thank you, Mr. Dorsey. That’s not going to be fully spent so we have some monies we’ll be able to cancel there.

Mr. Dorsey: Oh, excuse me.

Mr. Rattner: You shouldn’t have told him until after the year.

Mrs. Maniscalco: I know, I shouldn’t have told you because you have one more month to bill now, right?

Mr. Dorsey: That voucher is coming.

Mr. Tepper: He’s got 22 more days.

Mrs. Maniscalco: I know. So, like I said, there’s some areas. Also, tax assessment, that was as big area. We put in a lot of money for appeals and have not spent it. I talked to Barry Krauser this week. So we’ll be able to cancel a good amount of money from that. So we’re doing very well, better than I had hoped.

President Perkins: Good. Mr. Roman, again.

Mr. Roman: Also, Sherry, I don’t know if you saw my email earlier this week regarding recycling.

Mrs. Maniscalco: Tim actually responded to that this morning. Did you see it?

Mr. Roman: Yes, I saw the response. That’s just something I’d like to make sure that we keep an eye on if recycling does become less profitable.

Mrs. Maniscalco: Profitable, okay.

Mr. Sohl: But the reality is recycling is mandated by law. County, State and Federal, or County and State and local.

Mrs. Maniscalco: Well, I think Tim’s point was sort of depending upon the market, you know, there may be some years where we’re making out and some years where we may not be.

Mr. Roman: Okay.

Mrs. Maniscalco: But we’ve been fortunate recently that we’ve been okay with it.

Mr. Roman: Hopefully we were able to recycle that girder from the buildings.

Mrs. Labow: From the other building.

Mr. Greenbaum: Did you have to bring that up again?

Mrs. Labow: Of course he did.

Mr. Rattner: At least if you made some money on it.

Mr. Roman: Three months ago it would have been worth a lot more money.

Mayor Scapicchio: The metal and concrete was all recycled, Alex. How’s that?

Mrs. Labow: Hopefully.

Mrs. Maniscalco: Also, just one last thing. The online payment thing has been a huge hit for us this year. People are loving it, don’t have to mail, don’t have to come in. It’s been a really great thing. I’m hoping to maybe expand that next year into some of the other departments if I can when I get a little bit of time. Final thing, I promise, Nick Parisi who has worked with me as my Payroll Supervisor for nine years is going to be retiring. Actually, Friday is his last day. I’m going to be doing a breakfast for him in the morning. I know they are doing something next week. If anybody is here and they want to stop by, feel free.

Mrs. Labow: This Friday?

Mrs. Maniscalco: This Friday.

Mrs. Labow: What time?

Mrs. Maniscalco: Like 8:30 or 9:00.

President Perkins: 6:00. Thank you, Sherry.

Mrs. Maniscalco: Thank you.

President Perkins: That takes us to Old Business. Does anybody have any Old Business to bring up? Seeing none, any Old Business to bring up? I would ask him, but he just walked out of the room, for Legal Matters. So we’ll push by that. We’ll go into Council Reports. Recreation Liaison, Mr. Roman.

OLD BUSINESS - none

NEW BUSINESS - none

COUNCIL REPORTS

Recreation Liaison Report

Mr. Roman: Yes, at the last Recreation meeting we discussed the programs and their revenue and their expenses. We’re looking at possibly limiting some programs that are costing the utility. Also, discussion again regarding charging sports association fees, there will be further developments on that.

President Perkins: Thank you. Let me go back to Mr. Dorsey. Do you have any Legal Matters, Mr. Dorsey?

LEGAL MATTERS

Mr. Dorsey: No, I see that you’ve listed the Foote Litigation in Executive Session. I’d like to hold that for two weeks because we’re hoping to get a final proposal from the plaintiff relative to the Township. So, if the Mayor agrees, we’ll hold it for two weeks to see if we can’t resolve it.

President Perkins: Thank you. That takes us to the Board of Health Report. Mrs. Labow?

Board of Health Report

Mrs. Labow: We meet next week.

President Perkins: Planning Board, Mr. Tepper.

Planning Board Report

Mr. Tepper: Planning Board meets Thursday. There was a meeting that the Administration and the Chairman of the Planning Board had with Mr. Simoff regarding the Tree Fund because they are removing a great many trees. An agreement was reached where not only would they provide funds to the Tree Fund, but would also provide four very low cost housing units to contribute towards our COAH obligation. That will be memorialized at Thursday’s meeting.

President Perkins: Nice. Thank you. Board of Adjustment, Mr. Roman.

Board of Adjustment Liaison Report

Mr. Roman: Nothing to report.

President Perkins: Open Space, Mrs. Labow.

Open Space Committee Report

Mrs. Labow: We met last night and basically it was a short meeting. We talked about moving forward so that the trail system, we’re waiting to hear what the results are after our last meeting, making the plans. Just sort of wrapping things up before the end of this year. Looking forward to next year.

President Perkins: Excellent. Thank you, Mrs. Labow. Mr. Rattner, Legislative Committee.

Legislative Committee Report

Mr. Rattner: Nothing to report.

President Perkins: Quickie, Steve. Anybody here going to be available or have any plans on going up to the Open House for the 24th Legislative District tomorrow, 4-6pm in Sparta?

Mr. Rattner: I might be depending on my schedule.

Mr. Greenbaum: Is there going to be free food, because if there is Mr. Rattner will be there.

Mrs. Labow: I thought you were going to run up if there’s free food.

Mr. Rattner: No, I even go for cheap food.

Mrs. Labow: He didn’t say good or expensive. He just said food.

Mr. Tepper: Do you know what Route 15 is like at 4:00?

Mr. Greenbaum: Cheap has two connotations. It’s both quality and price. He’s saying if it’s a discounted price, he’ll go.

President Perkins: Pride Committee Liaison, Mrs. Labow.

Pride Committee Liaison Report

Mrs. Labow: Yes, Pride Committee is very happy that we did enter into contract with a company, the American Flag Company, to come in and install our snowflakes and banners across the Town. We have a few issues that we’re kind of trying to iron out right now, not with the American Flag Company, just with where Mrs. Labow (cont’d): everything’s going to go. We meet next week so if there are any further details I’ll bring it up at the next meeting.

President Perkins: Thank you. Board of Education, Mr. Tobey.

Board of Education Liaison Report

Mr. Tobey: Nothing to report.

President Perkins: Lake/Environment, Mr. Rattner.

Lake/Environment Issues Committee

Mr. Rattner: Nothing to report.

President Perkins: Safety Committee, Mr. Greenbaum?

Safety Committee Liaison

Mr. Greenbaum: Nothing happening with the Safety Committee

President Perkins: Thank you. Finance Committee, Mr. Rattner.

Finance Committee Report

Mr. Rattner: Nothing to report.

President Perkins: Economic Development, Mr. Rattner.

Economic Development Committee Report

Mr. Rattner: Yes, the Freeholders had that meeting sponsored by the Mayor and his Economic Development Committee at the BPG building, formerly known as BASF. It wasn’t a real large turnout but people who did go seemed to be interested in what was going on. One of the things that may come out of it is that the County holds a municipal summit every year for the last five years. It’s been at the County College. I put the Executive Director of the Economic Development Committee, introduced him to Sam Buckley and suggested that maybe that would be a great location to have the Morris County Municipal Summit. They’re actually working on it. They thought it would be a good idea. BPG would be honored to host it. So there’s the possibility in March, I believe it’s March 18th that we’re in the running to host the Municipal Summit.

President Perkins: Wonderful. Excellent. Thank you. Solid Waste, Mrs. Labow.

Solid Waste Advisory Committee Report

Mrs. Labow: Well, Mr. Tobey is our Co-Chair. Mr. Quinn is our other Co-Chair. We haven’t had a meeting since March. I don’t know what the future is going to be of this Committee.

President Perkins: Okay, thank you. Library Board Liaison, Mr. Tepper.

Library Board Liaison

Mr. Tepper: Meets tomorrow.

President Perkins: Senior Citizen Liaison, Mrs. Labow.

Senior Citizen Liaison

Mrs. Labow: Yes, I spoke with Don Cartwright this afternoon, President of the Senior Citizens Club. They are extremely happy and he is actually going to come to our next meeting. He’d like to thank the Council and the Administration and Tim Quinn and our Buildings and Grounds crew for the excellent job they did in getting the senior citizen’s center updated with new carpet and paint. He said that the cushions on the chairs are going to be cleaned this Thursday. They just couldn’t be happier. They are absolutely thrilled. So I thank everyone and they are very, very happy.

President Perkins: I can echo that, Bill, now that my mom is a member. She was ecstatic. The place looks excellent.

Mr. Sohl: Thank you.

President Perkins: Did you have something, Mr. Tepper?

Mr. Tepper: Just the fact that you actually qualify to be a member based on age.

President Perkins: I know.

Mr. Tepper: Because I also qualify. So when you say your mom, I just thought I’d point out that it’s much lower than you realize.

President Perkins: Thank you.

Mrs. Labow: When are we joining?

President Perkins: That now opens us up to the second Public Portion. Does anyone from the audience wish to be heard on anything? Yes, sir. Name and address, Ned.

PUBLIC PORTION

Ned McDonnell, Budd Lake: I just want to know what the status of the Seward Mansion is right now. Is the planned work completed for the year? Is the place sealed against the elements?

Mr. Sohl: They’re finishing up the roof work.

Mr. McDonnell: I’m sorry?

Mr. Sohl: They’re finishing the roof work. There’s one quadrant that still needs shingles.

Mr. McDonnell: And that will do it? That will seal it against the elements for the winter?

Mr. Sohl: Yes.

Mr. McDonnell: When do you expect that to be done?

Mr. Sohl: This week probably. This week or early next week.

Mr. McDonnell: Okay, thank you.

President Perkins: Thank you. Anyone else from the audience wish to be heard on anything? Yes, sir.

Richard Bonte, Budd Lake: I have two items. First of all, the information I’ve gotten on both of these has been from the newspapers. So if something’s wrong please correct me.

President Perkins: Which newspaper?

Mr. Bonte: First has to do with this litigation between the Township and the Board of Education, because the newspapers keep talking about how this doesn’t make any difference. They’ve had a number of editorials regarding that it all comes out of the same pocket and why are we wasting all of this money. I’m not a user of any of the Township sewer systems, but if I was I would be outraged if I really knew what was going on here, and that is that only the people that utilize the Township utility services are actually paying for the Board of Educations sewer disposal. So it’s a very unfair thing that the Board of Education is asking. I don’t know if this is part of the Town’s planned approach, irrespective of the fact that it’s quite clear. I remember the discussion on the ordinances at the time back in the 90s that only were to exempt application fees and not operating fees. I’d just like to, if it hasn’t been considered, that this be considered part of the argument as to why it would be grossly unfair to the users of the sewer systems, both in Flanders and in Budd Lake, to be the only people that would be bearing the cost of the sewer system in Town.

Mr. Dorsey: Well, it would be totally unfair for the reasons that I think you’ve already stated, that under your form, you have a utility, and the ordinances also provide that the utilities are to be self sufficient, meaning that only those that use it will pay for it. General real estate taxes will not be used to pay for it, and therefore the services are provided to a relatively… I shouldn’t say relative, to a limited number of persons and the demand by the Board of Education is that those limited number of persons pick up their cost. Their cost, of course, involves people who are, in this instance, not children or students of those who are customers of the BLSSS.

Mr. Bonte: To further go on with that I don’t know if the School system, you know, remembers or recognizes the fact that the Township provides them free sanitation services, which when I was on the Solid Waste Committee back in the 90s we investigated this. It was determined at that time that it was costing the Township approximately $200,000 - $250,000 in labor and tipping fees to dispose of the School’s garbage which they are not paying for. I went to the Board of Education about this and their argument was at that time, well, if we had to pay it would still be the taxpayers. Again, we have a utility for sanitation purposes and this is another inequity that we are funding for the School system, because only approximately half of the students that go through the School system are users of the municipal sanitation services. Almost half of the students that are in the School system come from the apartment complexes which pay no money into the sanitation budget, and yet, we’re providing sanitation services for all of those children. So in addition to what’s happening here is that the School system should be reminded of, and maybe we should be charging them for this sanitation service that is also being grossly, unfairly burdened on the homeowner’s in Town, and not the entire population of Town and the businesses in Town being paid for. So I think we should look into that area also. They should certainly be reminded of the fact that they’re getting a service that they’ve never been charged for. The other thing I wanted to ask some questions about was the status of the Boathouse at the intersection of Netcong Road and Sandshore Road. That building has been vacant for quite a time now. I know that the liquor license has been sold. I remember earlier in the year…

Mrs. Lashway: No, the liquor license has not been sold.

Mr. Bonte: I thought that the liquor license was transferred to… No? He still has a liquor license for that?

Mrs. Lashway: Yes.

Mr. Bonte: What is, does anybody know what the present status of that building is?

Mr. Rattner: It’s vacant.

Mr. Bonte: It’s vacant. It’s a commercial, it’s a commercial structure? Is that correct?

Mr. Sohl: They’re paying taxes.

Mr. Bonte: Are they?

Mr. Sohl: As far as we know.

Mr. Greenbaum: The last time I spoke to Mr. Hashemi about that property he said he was looking to reopen it as a restaurant.

Mr. Bonte: Okay, because I think we, and again, I am going by what I read in the newspapers. I didn’t have an opportunity to get to the meetings back in the Spring. I think we dropped the ball on that. I think we had an opportunity to pick up something that even if we tore it down and turned it into a dock for Township resident’s and maybe charge a docking fee or whatever, because the taxes I would presume, with the fact that the building is vacant and having no income, Mr. Hashemi has probably gotten the assessment of that building very low.

Mr. Dorsey: That’s not true. There’s been no tax appeal lately on that property. There’s no tax appeal pending.

Mr. Bonte: No tax appeals?

Mr. Dorsey: Not pending.

Mr. Bonte: Because at the time that the property was assessed, it was not operating at that time. Is that correct?

Mrs. Labow: The reassessment, yes, that’s true.

Mr. Dorsey: It would have been last year when the revaluation was done.

Mr. Bonte: Right, so there may not have been a need for an appeal because the assessment may be quite low.

Mr. Dorsey: Well, I don’t know what the assessment is.

Mr. Bonte: So I don’t know that we’re, if we’re collecting a heck of a lot of money, or to justify that that was one of the reasons why we didn’t take over the property, because of the loss of taxes. I’m just commenting on something that I think we dropped the ball, on and was wondering where that stood, and whether we can get back into that again.

Mrs. Labow: He gave the money back.

President Perkins: Dead. It’s dead.

Mr. Bonte: That’s it.

President Perkins: Thank you, anyone else from the audience wish to be heard? Seeing none, I close it to the public and that takes us to Council Comments. Mr. Greenbaum?

COUNCIL COMMENTS

Mr. Greenbaum: I have none.

President Perkins: Mr. Tepper?

Mr. Tepper: I have none.

President Perkins: Mr. Roman?

Mr. Roman: None.

President Perkins: Mrs. Labow?

Mrs. Labow: None.

President Perkins: Mr. Rattner?

Mr. Rattner: None.

President Perkins: Mr. Tobey?

Mr. Tobey: Nothing, thank you.

President Perkins: I have none. I’ll take a motion to adjourn.

Mrs. Labow: So moved.

President Perkins: Second?

Mr. Tepper: Are we going to do Executive Session, or no?

Mrs. Labow: No, he said before he wants to wait two weeks.

President Perkins: Do I have a second?

Mr. Roman: Second.

President Perkins: All in favor?

AYE

ADJOURNMENT - Motion was made and seconded, all in favor and none opposed, the meeting was adjourned at 9:57 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 December 23, 2008.
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Lisa Lashway, Township Clerk
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