| Mt. Olive
Township Council Minutes
February 13, 2007
The Regular Public Meeting of the Mount Olive Township
Council was called to Order at 7:32 pm by Council President
Greenbaum with the Pledge of Allegiance.
PLEDGE OF ALLEGIANCE & MOMENT OF REFLECTION for all
those who have and continue to protect our freedoms and
our way of life.
OPEN PUBLIC MEETINGS ACT ANNOUNCEMENT
According to the Open Public Meetings Act, adequate notice
of this meeting has been given to the Mount Olive Chronicle.
Notice has been posted at the Municipal Building, 204
Flanders-Drakestown Road, Mount Olive Township, New Jersey
and notices were sent to those requesting the same.
ROLL CALL Present: Mr. Buell, Mr. Rattner, Mrs. Labow,
Mr. Tepper,
Mr. Biondi, Mr. Greenbaum
Absent: Mr. Perkins
Also Present: David Scapicchio, Mayor; William Sohl,
Business Administrator;
John Dorsey, Township Attorney; Michelle Masser, Deputy Clerk
President Greenbaum: This evening we have two Resolutions right at the top.
We are going to start with Resolution #2 which is:
2. Resolution of the Township Council of the Township
of Mount Olive Confirming the Mayor’s Appointment
of Mark Spitzer as Acting Chief.
President Greenbaum: Do you want to move that Mr. Biondi?
Mr. Biondi: Thank you, Mr. President. I would like to
move Resolution #2.
President Greenbaum: Is there a second?
Mr. Rattner: Second.
President Greenbaum: Moved and seconded. Is there anyone
from the public who wishes to be heard? Seeing none. Any
Council comment?
ROLL CALL: Passed Unanimously
1. Resolution of the Township Council of the Township
of Mount Olive Confirming the Appointment of Captain Mark
Spitzer as Chief of the Mount Olive Township Police Department
Effective May 1, 2007.
President Greenbaum: The next Resolution. I am going to
read it.
RESOLUTION OF THE TOWNSHIP COUNCIL OF THE
TOWNSHIP OF MOUNT OLIVE CONFIRMING THE APPOINTMENT OF CAPTAIN
MARK SPITZER AS CHIEF OF THE MOUNT OLIVE TOWNSHIP POLICE
DEPARTMENT EFFECTIVE MAY 1, 2007
WHEREAS, Chief Ed Katona gave notice some time ago that
he would be retiring with his last day as Chief being January
31, 2007, but with terminal leave available to him, would
remain an employee of the Township through May 1, 2007;
WHEAREAS, pursuant to the Code of the Township of Mount
Olive, the Mayor is authorized to select the next Chief
of Police; Mayor Scapicchio has interviewed all possible
candidates and has advised that Captain Mark Spitzer is
his nominee to serve as the next Chief of Police of the
Township of Mount Olive; and
WHEREAS, Chief Katona who is now on terminal leave has
designated Captain Mark Spitzer as Acting Chief of Police
in his absence and the Mayor wishes to confirm that Captain
Spitzer is his selection and his nominee for the next Chief
of Police of the Township of Mount Olive effective at the
end of Chief Katona’s terminal leave, i.e. May 1,
2007.
NOW, THEREFORE, BE IT RESOLVED by the Township Council
of the Township of Mount Olive, in the County of Morris,
State of New Jersey, that it does hereby concur and consent
in the Mayor’s nomination of Captain Mark Spitzer
as Chief of Police for the Township of Mount Olive effective
May 1, 2007.
President Greenbaum: Mr. Tepper, do you want to move that?
Mr. Tepper: Yes, Mr. President. It is my pleasure to move
the resolution of the Township Council of the Township
of Mount Olive confirming the appointment of Captain Mark
Spitzer as Chief of the Mount Olive Township Police Department
effective May 1, 2007.
President Greenbaum: Is there a second?
Mr. Buell: Second.
President Greenbaum: Moved and seconded. Anyone from the
public who wishes to be heard? Seeing none. Any Council
comment? Roll Call please.
ROLL CALL: Passed Unanimously
President Greenbaum: Yes, congratulations.
Clapping…
President Greenbaum: I wish you and the Police Department
the best of luck in the future.
President Greenbaum: With great pleasure we have the opportunity
this evening to swear in the officers of the Budd Lake…is
it both the Association and the Fire Company this evening?
If you would be so kind as to come up and be administered
the Oath of Office by our Deputy Clerk.
Mr. Rattner: You really clean up pretty good, you know
Willie.
Willie Cirone: Yeah, not bad huh.
Mr. Rattner: Yeah.
Mr. Cirone: It’s the only suit I own.
Swearing in of the Budd Lake Fire Department Officers
Clapping…
Mr. Tepper: Wow, she’s blushing.
Mrs. Labow: She sure is.
Mr. Tepper: What did you say to her Willie?
Mr. Cirone: May I kiss the Clerk?
President Greenbaum: I am glad you said that, rather than “Council
President.” Congratulations.
Mr. Tepper: Congratulations.
Mrs. Labow: Congratulations.
Mr. Buell: Congratulations.
Mr. Rattner: Congratulations.
President Greenbaum: You guys have a nice quiet night
tonight.
Mr. Biondi: Thanks guys.
Mr. Rattner: There goes the audience.
Mrs. Labow: Drive safe.
Mr. Rattner: Well Ned, thanks for coming. It looks like
your going to be the only one again.
Mr. Biondi: We have Tim here.
Questions on Bill List?
President Greenbaum: Okay, moving on with the Agenda.
We have questions on the Bill List. I saw a memorandum
from Mr. Rattner. Have you gotten answers to your questions.
Mr. Rattner: I got answers.
President Greenbaum: Okay. Are there any other questions
on the Bill List that need to be addressed by the Administration?
Are you going to address the issues later on or you have
answers that you are satisfied with?
Mr. Rattner: There’s nothing on the Bill List that
I have any problems with.
APPROVAL OF MINUTES OF PREVIOUS MEETINGS
Jan. 9, 2007 PM
Present: Mr. Buell, Mr. Perkins, Mr. Rattner, Mrs. Labow,
Mr. Tepper, Mr. Greenbaum
Absent: Mr. Biondi
Jan. 16, 2007 WS
Present: Mr. Buell, Mr. Perkins, Mr. Rattner, Mrs. Labow,
Mr. Tepper, Mr. Greenbaum, Mr. Biondi
Absent: None
Jan. 23, 2007 CS
Present: Mr. Buell, Mrs. Labow, Mr. Greenbaum, Mr. Rattner,
Mr. Biondi, Mr. Tepper
Absent: Mr. Perkins
Jan. 23, 2007 PM
Present: Mr. Buell, Mrs. Labow, Mr. Greenbaum, Mr. Rattner,
Mr. Biondi, Mr. Tepper
Absent: Mr. Perkins
Feb. 6, 2007 Special PM
Present: Mr. Buell, Mr. Perkins, Mr. Rattner, Mrs. Labow,
Mr. Tepper, Mr. Greenbaum, Mr. Biondi
Absent: None
Feb. 6, 2007 WS
Present: Mr. Buell, Mr. Perkins, Mr. Rattner, Mrs. Labow,
Mr. Tepper, Mr. Greenbaum, Mr. Biondi
Absent: None
President Greenbaum: We are up to approval of Minutes.
Mr. Buell, do you want to move the Minutes please?
Mr. Buell: Yes, I move the Minutes of January 9th, January
16th, January 23rd, CS, January 23rd regular session, February
6th Special Public Meeting and February 6, 2007.
President Greenbaum: Is there a second?
Mrs. Labow: Second.
President Greenbaum: Moved and seconded. Are there any
corrections, deletions or modifications? Seeing none. Roll
Call please.
ROLL CALL: Passed Unanimously with the exception, Mr.
Biondi abstained on January 9th.
CORRESPONDENCE
RESOLUTIONS / ORDINANCES / CORRESPONDENCE OTHER TOWNS
1. Four Ordinances received January 22, 2007, from Washington
Township regarding Land Use.
2. Resolution received January 26, 2007, from the Borough
of Florham Park regarding the elimination of Regional Contribution
as a tool to facilitate Municipal Compliance Agreements
with the Mount Laurel decisions.
3. Resolution received January 31, 2007, from the Township
of Pequannock regarding A-3857 Regional Contribution Agreements.
4. Resolution received January 31, 2007, from the Township
of Hanover supporting the renewal of the Garden State Preservation
Trust Fund.
5. Resolution received January 31, 2007, from the Township
of Pequannock regarding A-2575 Cigarette Fire Safety and
Firefighter Protection Act.
6. Resolution received February 1, 2007, from the Township
of Pequannock regarding a request for extension of time
for comments on the Highlands Master Plan.
MISCELLANEOUS
7. Letter received January 25, 2007, from Jack Soriano,
Esq. Re: Estate of Peter Scaduto – 65 Station Road,
Block 500, Lot 6, Mount Olive.
8. E-mail received January 30, 2007, from William Kearns
regarding Sex Offender Residency Ordinances.
9. Letter received February 6, 2007, from the Office of
the County Executive regarding GeesePeace 2007 Leadership
Series.
10. Letter received February 8, 2007, from the Mount Olive
Area Chamber of Commerce regarding the February Business
Meeting.
COAH
11. Letter received February 7, 2007, from Steven and
Deborah Duarte regarding COAH refund.
MUA / MSA
12. Minutes received February 9, 2007, from the Musconetcong
Sewerage Authority regarding the January 10, 2007 meeting.
DOT / DEP / LOI / HIGHLANDS
13. Letter received January 22, 2007, from the State of
New Jersey, Department of Environmental Protection, regarding
Year End Municipal Status Report.
14. Letter received January 22, 2007, from State of New
Jersey, Department of Environmental Protection, regarding
Clean Water Financing Public Notice.
15. Letter received January 24, 2007, from the State of
New Jersey, Department of Environmental Protection, regarding
Authorization for Freshwater Wetlands Statewide General
Permit No. 1 - Applicant: Township of Mount Olive Department
of Public Works.
16. Letter received January 24, 2007, from Day Pitney,
LLP regarding Eagle Custom Builders, Marveland Farms, Block
6000, Lots 5 and 6 (Pleasant Hill Road).
17. Letter received January 25, 2007, from the State of
New Jersey, Department of Environmental Protection, regarding
Letter of Interpretation – Line Verification Applicant:
Formosa International Corp. Block 4100, Lot 62 (135 Route
46).
18. Letter received January 26, 2007, from Glasson Environmental
Services, LLC regarding Mount Olive Township Highlands
Exemption, Lot 3 Block 5100 (43 Ramar Street).
19. Letter received January 31, 2007, from Ferriero Engineering,
Inc. regarding Highlands Applicability Determination – Application
for Exemption Letter Applicant: JCC Metrowest, Block 7600,
Lots 84 & 85 (206 Flanders Drakestown Road, Mount Olive).
20. Public Notice received February 5, 2007, from the
State of New Jersey, Department of Environmental Protection,
regarding a request for revaluation of the Raritan River
Basin System Safe Yield.
21. Letter received February 5, 2007, from the State of
New Jersey, Department of Environmental Protection, regarding
Application for Exemption from the Transition Area Requirements
of Freshwater Wetlands Protection Act. Applicant Re: Donald
Storms / Trestle Plaza US Route 206 at Barley Flanders
Road.
22. Letter received February 7, 2007, from Richard Burke
Esq. regarding Ziarnowski Variance Application Block 3103,
Lot 4 (87 Netcong Road).
23. Letter received February 8, 2007, from the State of
New Jersey, Department of Environmental Protection, regarding
Design Builders, Inc. – Gold Mine Estates, Minor
Subdivision Single Family Home Block 4400, Lot 15 (81 Clinton
Avenue) Agency Determination: Highlands Act – Exempt,
Water Quality Management Plan Consistent.
24. Letter received February 8, 2007, from the State of
New Jersey, Department of Environmental Protection, regarding
Design Builders, Inc. – Gold Mine Estates, Minor
Subdivision Single Family Home Block 4400, Lot 14 (83 Clinton
Avenue) Agency Determination: Highlands Act – Exempt,
Water Quality Management Plan Consistent.
25. Letter received February 8, 2007, from the State of
New Jersey, Department of Environmental Protection, regarding
Design Builders, Inc. – Gold Mine Estates, Minor
Subdivision Single Family Home Block 4400, Lot 21 (78 Woodbine
Avenue) Agency Determination: Highlands Act – Exempt,
Water Quality Management Plan Consistent.
26. Letter received February 8, 2007, from the State of
New Jersey, Department of Environmental Protection, regarding
Farooq Subdivision Block 2603, Lot 4 (4 Thirty First Street)
Agency Determination: Highlands Act – Not Exempt,
Water Quality Management Plan - Inconsistent.
27. Letter received February 8, 2007, from Larry Kron,
Esq. regarding Application for Highlands Applicability
and Water Quality Management Plan for George Blasko, Premises:
484 Route 46, Block 8301, Lots 11 and 12.
LEAGUE OF MUNICIPALITIES
28. Letter received January 26, 2007, from the New Jersey
State League of Municipalities regarding “The Fair
Labor Standards Act Including New White Collar Regulations” and “The
Family Medical Leave Act.”
29. Reservation form received January 31, 2007, from Morris
County League of Municipalities regarding their next luncheon
and “State to State.”
UTILITIES
30. Fax received January 29, 2007, from Comcast regarding
Fee Notice.
31. Notice of Public Hearing received January 29, 2007,
from Elizabeth Gas regarding petition on rates.
32. Letter received February 9, 2007, from New Jersey
Natural Gas regarding Notice of Amended Filing and Public
Hearing.
MORRIS COUNTY
33. Minutes received January 24, 2007, from Morris County
Planning Board regarding the December 7, 2007 meeting.
LEGISLATIVE REPRESENATIVES
34. E-mail received January 19, 2007, from Congressman
Frelinghuysen regarding Student Loan Rates Cut, House Honors
Martin Luther King Jr., Page Board Legislation Passes House.
35. E-mail received January 29, 2007, from Congressman
Frelinghuysen regarding State of the Union Received by
Congress, House Votes to Act on Convicted Law Breakers
and Delegate Voting Unconstitutional.
36. E-mail received February 9, 2007, from Congressman
Frelinghuysen regarding Presidents Proposed Budget Presented
to Congress, and Latest Indicators: Economy Remains Strong.
TORT
37. Notice of Claim received January 29, 2007, from Courter,
Kobert and Cohen regarding Marie Trinneer and Robert Trinneer
regarding injunctive relief requiring Marie Trinneer and
Ronald Trinneer to remediate environmental damages.
38. Amendment to Tort Claim received January 31, 2007,
from Glenn Montgomery regarding Marilyn Ryan v. Township
of Mount Olive.
DCA
39. E-mail received February 2, 2007, from the Department
of Community Affairs regarding Contractor’s Registration
Act.
40. E-mail received February 6, 2007, from the Department
of Community Affairs regarding 2007 Awards Application
Deadline Extension.
ORDINANCE FOR PUBLIC HEARING
President Greenbaum: There are 40 pieces of Correspondence.
Does anyone wish to discuss any particular piece of Correspondence?
Seeing none, we will move right to Ordinances for Public
Hearing. There are three Ordinances for Public Hearing.
The first Ordinance for Public Hearing is Ordinance #1-2007
entitled:
Ord. 1-2007 An Ordinance of the Township of Mount Olive
Establishing Salaries of Mayor, Council, Department Heads,
Supervisory Personnel and Employees of the Township Clerk’s
Office for the Year 2007.
President Greenbaum: Is there anyone from the public who
wishes to be heard on this particular Ordinance? Seeing
none, I close it to the public and I would ask Mr. Biondi
to please move Ordinance #1-2007.
Mr. Biondi: Thank you, Mr. President. I move Ordinance
#1-2007.
Mr. Rattner: Second.
President Greenbaum: Moved and seconded. Is there any
discussion at the Council level? Seeing none. Roll Call.
ROLL CALL: Passed Unanimously
President Greenbaum: Ordinance #1-2007 has passed on second
reading and I hereby direct the Clerk to forward a copy
of same to the Mayor and publish the notice of adoption
as required by law. The second Ordinance for Public Hearing
is Ordinance #2-2007 entitled:
Ord. #2-2007 Refunding Bond Ordinance Providing the Funding
of Tax Appeal Judgments Involving the BASF Corporation/MTO
Realty Holdings, LLC Property in and by the Township of
Mount Olive, in the County of Morris, New Jersey, Appropriating
$1,400,000 Therefore and Authorizing the Issuance of $1,400,000
Refunding Bonds or Notes of the Township for Financing
the Cost Thereof.
President Greenbaum: Is there anyone from the public who
wishes to be heard? Seeing none. I close it to the public.
I would ask, Mr. Tepper to please move that for approval.
Mr. Tepper: Yes, Mr. President. I move that Ordinance #2-2007
be moved for adoption and final passage.
Mrs. Labow: Second.
President Greenbaum: Moved and seconded. Any Council discussion?
Roll Call.
ROLL CALL: Passed Unanimously
President Greenbaum: Ordinance #2-2007 has passed on second
reading and I hereby direct the Clerk to forward a copy
of same to the Mayor and publish the notice of adoption
as required by law. The next Ordinance for Public Hearing
is Ordinance #3-2007 entitled:
Ord. #3-2007 An Ordinance to Amend and Supplement Ordinance
No. 5-90 (Ch. 10 of 1973 Code) (Section 18-2 Membership
of the Mount Olive Code) Establishing the Township of Mount
Olive Environmental Commission.
President Greenbaum: Is there anyone from the public who
wishes to be heard? Seeing none. I will ask Mr. Rattner
to please move Ordinance #3-2007 for approval.
Mr. Rattner: I move for passage and final adoption of
Ordinance #3-2007.
President Greenbaum: Is there a second?
Mr. Biondi: Second.
President Greenbaum: Moved and seconded. Any discussion?
Roll Call.
ROLL CALL: Passed Unanimously
President Greenbaum: Ordinance #3-2007 has passed on second
reading and I hereby direct the Clerk to forward a copy
of same to the Mayor and publish the notice of adoption
as required by law.
ORDINANCES FOR FIRST READING - 2nd reading February 27,
2007
President Greenbaum: The first ordinance is Ordinance
#4-2007 entitled:
Ord. #4-2007 An Ordinance of the Township Council of the
Township of Mount Olive to Amend the Salaries of Certain
Non-Union Personnel for the Year 2007.
President Greenbaum: Mr. Tepper, do you want to move that
please?
Mr. Tepper: Yes, Mr. President. I move that Ordinance
#4-2007 be introduced by title and passed on first reading
and that a meeting be held on February 27, 2007, at 7:30
p.m. at the Municipal Building, 204 Flanders-Drakestown
Road, Mount Olive, New Jersey, for 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 Greenbaum: Is there a second?
Mr. Buell: Second.
President Greenbaum: Moved and seconded. Any discussion?
ROLL CALL: Passed Unanimously
President Greenbaum: Ordinance #5-2007 entitled:
Ord. #5-2007 An Ordinance of the Township of Mount Olive
Rescinding Ordinance #36-2006 and Amending Section 4-06 “Meetings” Subsection
E “Conference Meetings.”
President Greenbaum: Mr. Buell, do you want to move that
please?
Mr. Buell: Yes, thank you. I move that Ordinance #5-2007
be introduced by title and passed on first reading and
that a meeting be held on February 27, 2007, at 7:30
p.m. at the Municipal Building, 204 Flanders-Drakestown
Road, Mount Olive, New Jersey, for 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.
Mrs. Labow: Second.
President Greenbaum: Moved and seconded. Any Council discussion?
Roll Call please.
ROLL CALL: Passed Unanimously
President Greenbaum: The next ordinance for first reading,
second reading being February 27, 2007 is Ordinance #6-2007
entitled:
Ord. #6-2007 Bond Ordinance of the Township of Mount Olive,
In the County of Morris, New Jersey Amending Section 3(h)
of Bond Ordinance Numbered #27-2005 Finally Adopted August
9, 2005 in Order to Amend the Description of the Project
Authorized Therein.
President Greenbaum: Mr. Biondi, do you want to move that
please?
Mr. Biondi: Yes, Mr. President. I move that Ordinance
#6-2007 be introduced by title and passed on first reading
and that a meeting be held on February 27, 2007, at 7:30
p.m. at the Municipal Building, 204 Flanders-Drakestown
Road, Mount Olive, New Jersey, for 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.
Mrs. Labow: Second.
President Greenbaum: Moved and seconded. Any discussion?
Roll Call….Mayor?
Mayor Scapicchio: We are on #7-2007 right?
President Greenbaum: Number 6-2007.
Mayor Scapicchio: I’m sorry. No comment.
President Greenbaum: Okay. Roll Call please.
ROLL CALL: Passed Unanimously
President Greenbaum: Ordinance #7-2007 entitled:
Ord. #7-2007 Bond Ordinance of the Township of Mount Olive,
In the County of Morris, New Jersey Amending Section 3(i)
of Bond Ordinance Numbered #37-2002 Finally Adopted September
24, 2002 in Order to Amend the Description of the Project
Authorized Therein.
President Greenbaum: Mrs. Labow, do you want to move that
please?
Mrs. Labow: Certainly, Mr. President. I move that Ordinance
#7-2007 be introduced by title and passed on first reading
and that a meeting be held on February 27, 2007, at 7:30
p.m. at the Municipal Building, 204 Flanders-Drakestown
Road, Mount Olive, New Jersey, for 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. Rattner: Second.
President Greenbaum: Moved and seconded. Any discussion?
You sure, this is the one?
Mayor Scapicchio: I am positive. The acquisition of this
new ambulance, I believe, is an ambulance that has already
been purchased and is two years old… am I correct?
Mr. Sohl: It’s a modification.
Mr. Tepper: It might actually be four years.
Mayor Scapicchio: This is a modification and I guess the
reason is it was actually a surprise to me because I said
to Bill, “Is this in addition to the proposed 2007
ambulance that I proposed?” Bill says that this is
really an amendment. I think we need to have Bond Counsel,
and it’s probably an Administrative function, to
really clarify what the amendments are when we amend these
ordinances so that we know what the changes are.
Mr. Buell: Agreed.
Mayor Scapicchio: Steve? You look a little confused.
Mr. Rattner: Yes, I have that. I am just wondering why
we got to this point because if I believe what it is, isn’t
this to do with the pole barn which is described in there.
They had enough money in there. We agreed because they
needed about $6,000-$7,000. So I don’t understand
what the issue is at this point?
Mayor Scapicchio: The ambulance, the only thing that came
to my mind.
Mr. Sohl: This has already been purchased.
Mr. Tepper: I think what he is saying, he would have preferred
it saying, an amendment to include…
Mr. Sohl: To now add…
Mr. Tepper: Rather than to include everything.
Mr. Rattner: Well, we are changing the word on…okay,
but we are changing the wording on the original thing that
says we have an ambulance and include the pole barn. We
can’t take out the ambulance because we already spent
the money.
President Greenbaum: We already purchased it.
Mr. Rattner: That’s okay.
President Greenbaum: Okay, any other discussion? Roll
Call please.
ROLL CALL: Passed Unanimously
President Greenbaum: Ordinance #8-2007 entitled:
Ord. #8-2007 Bond Ordinance Providing for the Acquisition
of Various Equipment of the Township of Mount Olive, in
the County of Morris, New Jersey, Appropriating the Aggregate
Amount of $122,000 Therefore and Authorizing the Issuance
of $115,900 Bonds or Notes of the Township to Finance Part
of the Cost Thereof.
President Greenbaum: Mr. Rattner, do you want to move
that please?
Mr. Rattner: Thank you, Mr. President. I move that Ordinance
#8-2007 be introduced by title and passed on first reading
and that a meeting be held on February 27, 2007, at 7:30
p.m. at the Municipal Building, 204 Flanders-Drakestown
Road, Mount Olive, New Jersey, for 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 Greenbaum: Is there a second?
Mr. Biondi: Second.
President Greenbaum: Moved and seconded. Any Council discussion?
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
3. Resolution of the Township Council of the Township
of Mount Olive Authorizing the Release of Performance Guarantees
Submitted by PNC Bank.
4. Resolution of the Township Council of the Township
of Mount Olive Supporting Renewal of the Garden State Preservation
Trust.
5. Resolution of the Township Council of the Township
of Mount Olive Authorizing the Acceptance of the List of
Eligible LOSAP Emergency Service Volunteers.
6. Resolution of the Township Council of the Township
of Mount Olive Authorizing the Use of Various Purchasing
Contracts (Atlantic Salt).
7. Resolution of the Township Council of the Township
of Mount Olive Authorizing the Use of Various Purchasing
Contracts (W.B. Mason & Premier Supply).
8. Resolution of the Township Council of the Township
of Mount Olive Authorizing a Settlement in the Tax Appeal
Re: Debeck Associates, LLC v. Mount Olive Township.
9. Resolution of the Township Council of the Township
of Mount Olive Amending the Agreement with Nadaskay Kopelson.
10. Resolution of the Township Council of the Township
of Mount Olive Awarding Contracts to Tatbit Company & Lamp
Post Electric for the Re-bid of NJ Licensed Electrician
Services.
President Greenbaum: We are up to the Consent Resolutions.
Since there is no one here I am not going to go through
the whole spiel.
Mr. Dorsey: Just one thing.
President Greenbaum: Yes.
Mr. Dorsey: Where is the resolution for Woodfield? Did
you take that off?
Mr. Sohl: It was never on.
Mr. Dorsey: Well, I forwarded you two resolutions. One
I made a correction… you just didn’t put it
on? You don’t have it on.
Mayor Scapicchio: No. If that correction was here, it
should have been put on John.
Mr. Dorsey: Well, it’s not on the Agenda. So if
you want to include it? You have to include it.
Mrs. Masser: I got it this afternoon, emailed over from
your office but I didn’t realize it was supposed
to be on for…
Mr. Dorsey: Well, they replaced an earlier one that included
a provision that the sign will be replaced where the Township…you
can put it on. I think we can get it done. Unless of course,
you don’t want to help him? I don’t know.
President Greenbaum: Mayor?
Mayor Scapicchio: We had forwarded it off to John’s
office. Some suggested language was in the revised resolution
and if that’s what’s proposed, that’s
what I will put on the table this evening.
Mr. Dorsey: Good. I mean you only sent it back to me this
afternoon. I immediately made the change.
President Greenbaum: Do we have the Resolution?
Mr. Dorsey: Yes.
Mayor Scapicchio: Rob, could you just give me one second?
I want to make sure I have the revised Resolution in front
of me.
Mr. Sohl: It is but it’s not revised the way we
asked.
President Greenbaum: Well, we are going to get to it afterwards.
We are going to put it on the Non-Consent for right now.
Mayor Scapicchio: Okay.
President Greenbaum: The resolutions which are on the
Consent Resolutions Agenda are #3 – 10. Does anyone
want to have one of them removed? Seeing none, we will
move the whole Consent Resolutions Agenda. Mr. Biondi,
do you want to just move them?
Mr. Biondi: Thank you, Mr. President. I would like to
move Consent Resolutions #3 - 10 inclusive.
Mr. Buell: Second.
President Greenbaum: Moved and seconded. Anyone from the
public who wishes to be heard?
PUBLIC PORTION ON CONSENT RESOLUTIONS
Ned McDonnell, Budd Lake: I am more confused about this
(A) category, Resolution #10 for Tatbit Electric. We have
a category (A) and a category (B) with quite a difference
in pricing. What is the mechanism that is going on here?
President Greenbaum: Bill.
Mr. Sohl: I am sorry, what was the question?
President Greenbaum: A question for the Administration
related to Resolution #10.
Mr. McDonnell: Resolution #10, Tabit Electric Company.
Mr. Sohl: Oh, okay.
Mr. McDonnell: There is a category (A) and a category
(B) with a lot of difference in pricing.
Mr. Sohl: Category (B), if I recall and Tim will keep
me honest here, is the water and sewer treatment plant.
Mr. Quinn: You are absolutely right. You need a minimum
of five years experience to work on utilities…
President Greenbaum: Tim, if you are going to speak, you
are going to have to come up to the podium and identify
who you are so that the record is clear. Ned, the difference
is that category (B) requires a different type of personnel
to accomplish the task as required by law.
Mr. McDonnell: This is what a State law or something like
that?
President Greenbaum: That is my understanding. Is that
true Tim?
Mr. Quinn: Basically, with our bid specs we require working
on our utilities that you have to have a minimum of five
years experience to work in that area.
President Greenbaum: Is it something that is required
by law or just required by the Town?
Mr. Quinn: It’s required by the Township and I would
have to check on the law part of that, I am not clear on
that.
President Greenbaum: Okay, so the answer is that it is
required by the Township because of the sensitive nature
of the electrical work that is being done.
Mr. Quinn: That’s correct.
Mr. McDonnell: So, is this a law or is this just a requirement
of the town?
President Greenbaum: The answer to that question as best
as I can give it you as we sit here right now is that it
is a requirement of the Town. I would assume that that
work is paid for out of the Sewer and Water Utilities.
Mr. McDonnell: It looks like there is a lot more money
being spent on…
President Greenbaum: Because of the nature of the work
that is involved I am sure that if we could get away with
the cheaper labor rate we would do that but because it
involves electrical work that surrounds water, it requires
somebody who has more experience.
Mr. McDonnell: What can we use the category (A) people
for then?
Mr. Sohl: This building…
Mr. Quinn: All other electrical…mostly building
and grounds, parks, areas like that…
President Greenbaum: General electric that doesn’t
have to do with sewer and water.
Mr. McDonnell: Will they preferentially be called for
the non critical work?
President Greenbaum: Yes, I would assume that category
(B) would only be called related to work which is sewer
and water related which is being billed out of the utilities
Mr. Quinn: That is correct, yes.
President Greenbaum: That there is no category (B) work
which is done which would go to the general fund.
Mr. Quinn: That’s correct. With the sensitive nature
of our pump stations and our well houses we specify more
experience in that field than we do in category (A).
Mr. McDonnell: It sounds like a good plan, thanks.
COUNCIL COMMENTS ON CONSENT RESOLUTIONS
President Greenbaum: That’s a good question. Any
other questions from the audience? Seeing none. Any questions
from Council? Roll Call please.
ROLL CALL: Passed Unanimously with the exception, Mr.
Rattner abstained from #9 due to his
association with the Day Care Center
RESOLUTIONS NON CONSENT
12. Resolution of the Township Council of the Township
of Mount Olive RE: Muehlhauer House.
President Greenbaum: We are up to the Non Consent Resolutions.
Mr. Tepper, do you want to move #12 please?
Mr. Tepper: Yes, Mr. President. I move Resolution #12
for approval.
Mr. Buell: Second.
President Greenbaum: Moved and seconded. Is there any
public discussion?
Mayor Scapicchio: I would like to make an amendment to
that that Mr. Dorsey will…
Mr. Dorsey: I am going to read it right now…
President Greenbaum: That’s… no.
Mayor Scapicchio: That’s a different one?
Mr. Dorsey: Not on that one yet.
President Greenbaum: The Muelbauer House.
Mayor Scapicchio: This is the resolution of the final…the
fourth of the fourth?
Mr. Dorsey: Yes this is the fourth of the fourth.
Mayor Scapicchio: Thank you.
President Greenbaum: By the way Mr. Dorsey, you did an
excellent job in terms of getting back money on behalf
of the Township.
Mr. Dorsey: Thank you.
Mr. Biondi: I have a comment. Once this is over and done
with, I want it made public in the Chronicle and every
other paper that we deal with. I want the general populous
to know that these kids, their parents had to pay. Maybe
we can not have this kind of stuff happen again.
President Greenbaum: I would say that you are more than
free to contact Phil Garber at the Chronicle. I don’t
think that the Township is going to spend money at this
point to further advertise that this has occurred, obviously
the…
Mr. Biondi: People have to know that they can be accountable
for what their children do.
President Greenbaum: Well, I think that might be best
served by you contacting Phil Garber and indicating that…
Mr. Biondi: Fine, I can do that.
President Greenbaum: Okay, any other comment? Roll Call
please.
ROLL CALL: Passed Unanimously
President Greenbaum: We are up to Non Consent Resolution
#13 which deals with the placement of a sign at Woodfield
Estates. Mr. Dorsey, if you would be so kind?
Mr. Dorsey: Yes, the Mayor wants the copy that you have
in the final paragraph, there are insertions here.
President Greenbaum: Could you read the entire thing because
I know that Ned doesn’t have a copy and no one else
sitting up here has a copy.
RESOLUTION OF THE TOWNSHIP COUNCIL OF THE
TOWNSHIP OF MOUNT OLIVE GRANTING THE USE OF A STRIP OF TOWNSHIP
LAND FOR AN ENTRANCE MONUMENT FOR WOODFIELD ESTATES
WHEREAS, Woodfield Estates and developer, Kaplan Companies,
have requested
the utilization of a small strip of land now owned by the Township to be used
for an entrance
monument announcing Woodfield Estates,
WHEREAS, the strip of land involved is a small V between
the entrance and exits of the
main entrance to Woodfield Estates, its location is shown on the attached sketch;
and
WHEREAS, the entrance monument is attractive and is shown
in the attached
schedule; and
WHEREAS, the area where it is desired to locate the entrance
monument was once
owned by the Kaplan Companies but now dedicated to the Township; and
WHEREAS, the proposed location is appropriate and desired
by the nearly 400
homeowners of Woodfield Estates.
NOW, THEREFORE, BE IT RESOLVED by the Township Council
of the Township
of Mount Olive, the County of Morris, State of New Jersey, that it does hereby
authorize the erection
of the entrance monument shown on the attached schedule at the location noted
for the benefit of the homeowners of Woodfield Estates and does further authorized
the issuance of any and all necessary
permits with the understanding that maintenance and replacement will be solely
the obligation of the Woodfield Homeowners Association and that the location
and related issue shall be approved by the Planning Board on an expedited basis.
Mayor Scapicchio: Thanks John.
President Greenbaum: Someone want to move that?
Mr. Biondi: So moved.
President Greenbaum: Is there a second?
Mr. Buell: Second.
PUBLIC PORTION ON INDIVIDUAL RESOLUTIONS
COUNCIL COMMENTS ON INDIVIDUAL RESOLUTIONS
President Greenbaum: Moved and seconded. Anyone from the
public? Seeing none. Roll Call…wait… Colleen?
Mrs. Labow: Mayor, did you happen to get it checked out
that there isn’t any sight distance or issues with
that for traffic and…
Mr. Dorsey: The Planning Board will take care of that.
Mayor Scapicchio: My understanding is that Catherine has
no issues with it. My only request was that it go before
the Planning Board because that’s where the original
approval was granted. I drove by there and I accept Mr.
Dorsey’s argument that it is…
Mr. Dorsey: It’s not an argument.
Mayor Scapicchio: A well fought out change and I, and
hopefully the Council, will endorse this proposal and ask
the Planning Board to expedite their approval. Catherine
tells me she will get it on the next Planning Board Agenda
and that the attorney for Woodfield Estates is in favor
of going in front of the Panning Board at their next available
meeting.
Mrs. Labow: So what we are doing is basically, just granting
them permission for it to be on there and it’s subject
to the…
Mayor Scapicchio: Its subject to, that’s correct.
Mr. Dorsey: It’s our piece of property.
President Greenbaum: Roll Call.
ROLL CALL: Passed Unanimously with the exception, Mr.
Tepper voted no.
Mr. Tepper: No, I believe this should have gone before
the Planning Board before it came to the Council so I will
vote no.
Mayor Scapicchio: Russ, the reason that it came here first.
Is because if we didn’t grant them approval to put
it on our Township right-of-way, they would not have invested
the time, the money or the effort in terms of going in
front of the Planning Board.
President Greenbaum: You know what, we are right in the
middle of Roll Call right now.
Mayor Scapicchio: I am sorry.
Mr. Tepper: I understand. I will still stay with no. It’s
the wrong way to do it.
Mr. Rattner: How big is the sign?
Mayor Scapicchio: Twenty-four square feet.
Mr. Rattner: Oh, okay and it is going to be relatively
low to the ground?
Mayor Scapicchio: Yes.
Mr. Rattner: Okay, that’s all I wanted to know.
Mayor Scapicchio: It makes a lot of sense Steve.
Mr. Rattner: I know but you’re going to have to…..
President Greenbaum: We are up to Motions at this point.
Mr. Sohl: I can show it to you.
MOTIONS
President Greenbaum: First motion is:
1. Approval of Raffle Application #2186 for the Mt. Olive
Child Care & Learning Center, Raffle Application #2187
for the Deer Path Montessori School and Raffle Application
#2188, #2189 and #2190 for the Mt. Olive HS Parents Club.
President Greenbaum: Boy I will tell you, Mount Olive
Parents Club does a lot of raffles.
Mrs. Labow: We’ve been busy.
President Greenbaum: Good for you and for the Mount Olive
High School Parents Club. We are going to have different
people voting on different things. Mr. Biondi, do you want
to move the whole package please?
Mr. Biondi: I will move Motion #1 in its entirety.
Mr. Rattner: Second.
President Greenbaum: It has been seconded by Mr. Rattner.
Is there a discussion? Roll Call please.
ROLL CALL: Passed Unanimously with the exception, Mrs.
Labow abstained on #2188, #2199 and #2190 and Mr. Rattner
abstained on #2186
2. Bill List
Mr. Greenbaum: Mrs. Labow, would you like to move the
Bill List?
Mrs. Labow: No… just kidding.
President Greenbaum: Okay, Mr. Buell, do you want to move
the Bill List?
Mr. Buell: I would like to move the Bill List.
Mr. Tepper: Second.
President Greenbaum: Moved and seconded. Any discussion?
Roll Call please.
ROLL CALL: Passed Unanimously
ADMINISTRATIVE MATTERS
President Greenbaum: Administrative Matters, Mr. Sohl?
Mr. Sohl: None.
Mayor Scapicchio: None.
OLD BUSINESS
NEW BUSINESS
President Greenbaum: Old Business, New Business?
LEGAL MATTERS
President Greenbaum: Any Legal Matters?
COUNCIL REPORTS
Recreation Liaison Report
Mr. Biondi: The only thing that we discussed at the last
recreation meeting was the Winter Festival/Winter
Carnival. They are still very intent on maintaining that.
Most of the discussion that night was about the Winter
Festival. We will see where it goes from there. They
thought it was pretty well attended, they had over 1,000
people and we’ll see.
President Greenbaum: I am sure the Administration will
review that and determine whether or not from their prospective
it was a success.
Mr. Biondi: They already have.
Board of Health Report
Mrs. Labow: Sorry, he forgot one thing for recreation.
Mr. Biondi: Excuse me?
Mrs. Labow: None
Mr. Biondi: Do your report. I’ll do my report, you
do yours.
Planning Board Report
Mr. Tepper: The issue of relevance to the Planning Board
is that we forwarded an application to the Environmental
Commission that we have an opportunity to submit for a
matching grant for up to $20,000 for marking of pathways
or building new pathways within Turkey Brook Park and encourage
the Town to proceed with that.
Mr. Dorsey: When is your next hearing on the Morris Chase
request for an extension?
Mr. Tepper: This Thursday.
Mr. Dorsey: Do you think it will be concluded in time?
Mr. Tepper: I don’t believe it will be concluded
based on the last discussion but it is the primary item
on the Agenda.
Board of Adjustment Liaison Report - None
Open Space Committee Report
Mrs. Labow: We met last night and most of what we talked
about I can’t discuss right now. It was a very good
meeting.
Legislative Committee Report
Mr. Biondi: No report.
Pride Committee Liaison Report – None
Board of Education Liaison Report
Mr. Buell: They met last night. They approved the 2008
calendar which was without comment, which was a first in
the 10 years they told me. The only other thing of note
is that they will make their budget presentation on March
5, 2007. They have invited us, the entire Council. I think
that Lisa was going to put that in the paper and notice
it so that we all can… they will be talking about
outsourcing of the cafeteria, or at least reporting back
on cafeteria, transportation, building maintenance, outsourcing
at the meeting as well as the rest of the School Board
Budget. A very important meeting, we are all invited and
I plan to be there.
Mr. Tepper: When is that?
Mr. Buell: March the 5th.
President Greenbaum: Is that it Mr. Buell?
Mr. Buell: That’s it.
Lake/Environment Issues Committee
Mr. Rattner: Nothing to report
Safety Committee Liaison -None
Finance Committee Report
Mr. Rattner: Nothing to report.
Economic Development Committee Report
Mr. Rattner: Nothing to report.
Solid Waste Advisory Committee Report
Mrs. Labow: We had our meeting last Wednesday and as Mr.
Sohl sent an email out, I spoke to Mr. Quinn the other
day, we were number one in the County for recycling efforts.
We received $23,800 plus and as always we want to encourage
our residents to continue to recycle. Anything that you
throw in the garbage that you could recycle you are actually
costing us money. It was an excellent meeting, I was very
happy to be there. I was happy that Mr. Tepper passed the
baton and it was a delightful group, a lot of energy, a
lot of enthusiasm.
Library Board Liaison
Mr. Tepper: Meets tomorrow.
President Greenbaum: Mr. Sohl, you had something?
Mr. Sohl: I was just going to add that the $22,000 for
the recycling money is about $4,000 to $5,000 more than
we got last year.
President Greenbaum: The Mayor is doing an excellent job
encouraging people to recycle their waste.
Mayor Scapicchio: Its Tim Quinn and Phil Tobey and the
Township residents who are recycling.
Mrs. Labow: We also get a lot more money for paper and
cardboard right now, so recycle away.
President Greenbaum: Library Board, Mr. Tepper. Did we
already do it and you said nothing?
Mr. Tepper: Meets tomorrow.
President Greenbaum: Oh, good.
Mr. Tepper: I will give you the same answer.
Mayor Scapicchio: I would just like to pick up on the
Economic Development Committee. Bill, myself and Brian
Siegelwax met yesterday with two representatives of the
County Economic Development Committee and I know the Mount
Olive Economic Development Committee has a meeting with
them on Saturday. Steve, they are proposing to do a business
fly survey for us at their expense, no expense to us, to
help us to develop and understand what the business community’s
needs are, what they like and dislike about Mount Olive
Township and I think that new committee headed by Brian
Siegelwax, together with the County, is going to be a real
benefit to help us to understand what we need to do as
a community to attract new commercial ratables and to retain
what we already have.
President Greenbaum: Good, very exciting.
PUBLIC PORTION
President Greenbaum: Is there anyone from the public who
wishes to be heard this evening?
COUNCIL COMMENTS
President Greenbaum: Any final comments from anyone on
Council this evening? We are going to do a very brief Executive
Session this evening with regard to Morris Chase, very
brief. After that we will come out of Executive Session
and take no action whatsoever. So you three are excused,
thank you.
Mr. Tepper: Pursuant to Section 7 & 8 of the Open
Public Meeting Act I move that we go in to Executive Session
to discuss Morris Chase.
Mrs. Labow: Second.
President Greenbaum: Moved and seconded. All in favor?
AYE
ADJOURNMENT
Motion was made and seconded, all in favor and none opposed,
the meeting was adjourned at 8:34 pm.
________________________________
Robert J. Greenbaum, 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 February 27, 2007.
_______________________________
Lisa M. Lashway, Township Clerk
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