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Mt. Olive
Township Council Minutes
June 12, 2007
The Regular Public Meeting of the Mount Olive Township
Council was called to Order at 8:20 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. Tobey, Mr. Perkins, Mr. Greenbaum
Absent: None
Also Present: David Scapicchio, Mayor; William Sohl,
Business Administrator;
John Dorsey, Township Attorney; Lisa Lashway, Township Clerk; Sherry Jenkins,
CFO
Questions on Bill List?
President Greenbaum: Are there any questions on the Bill
List which have not been addressed?
Mr. Buell: Yes, I have two questions. I’m sorry
Sherry that I didn’t send you an e-mail on this 07-0348
and 07-1010, a barrier gate for $2,200.00.
Mrs. Jenkins: Do you actually have the page number, because
it’s hard for me to look it up. Do you have the page
number that it’s on?
Mr. Buell: No, this is from the invoices themselves.
Mrs. Jenkins: Okay. Can you tell me what they were then?
Because I can’t look it up that way on the Bill List.
Mr. Buell: Yes, the 34806 was an on line Cablevision line
from here to the Middle School.
Mrs. Jenkins: Yes.
Mr. Buell: And the 071010 was a barrier gate for $2,200.
I just wondered where that was and what that purpose was
for it.
Mrs. Labow: Isn’t that the gate… isn’t
that the one over by the apartments in that development
off of 206?
Mr. Buell: Well, that’s what I… no I remember
it’s…
Mrs. Jenkins: Tim actually has one.
Mr. Quinn: That is a gate replacement over on Flanders
Netcong Road, the dead end section going up by the transfer
station.
Mrs. Jenkins: Oh, okay.
Mr. Quinn: And we plan on, if this one works out well,
plan on getting a second one up over on the Gold Mine section
by Tanglewood.
Mr. Buell: Were people going around it, is that the problem?
Or going…?
Mr. Quinn: Cutting the locks, ramming the gates, you name
it, they’re getting through. I think in the past
two weeks I probably had about four locks cut off of it,
so we’re trying different locks, different cables.
When they can’t get through the cables and the locks
they’ll start ramming the gates. Now, the big wooden
gates that we used to have both the same things happened
and they finally just ran them over. So we’re doing
what we can to close it up, but still make it accessible
for emergency vehicles.
President Greenbaum: Thank you. Anything else, Mr. Buell?
Mr. Buell: No, those are the only two.
President Greenbaum: Any other questions on the Bill List?
Okay. We’re going to move on.
APPROVAL OF MINUTES OF PREVIOUS MEETINGS
President Greenbaum: There are no Minutes for approval
from previous meetings.
CORRESPONDENCE
LETTERS FROM RESIDENTS / ORGANIZATIONS
1. Spring 2007 Publication received May 22, 2007, from
the Morris Habitat for Humanity regarding Restore Grand
Opening, Denville Groundbreaking, Hopatcong Groundbreaking,
Bike and Hike/Car Show, Lawyer’s Breakfast, Jefferson
Groundbreaking and Mine Hill Office Open House.
2. Letter received May 24, 2007, from Ted and Kathy Deats,
Flanders regarding School House Lane Drainage.
3. Letter received May 29, 2007, from Paul Montabano for
IBEW Local 102 regarding 300 Continental Drive, Mount Olive,
Police Brutality, and Deprivation of Civil Rights.
4. Letter received May 30, 2007, from Cheryl and Peter
Goodwin regarding Shop Lane, raising of grade.
5. Information received June 8, 2007, from Mount Olive
Area Chamber of Commerce regarding the June business meeting.
6. Resolution received May 21, 2007, from the Borough
of Netcong regarding Overcrowding of Certain Dwelling Units.
7. Resolution received May 22, 2007, from the Borough
of Stanhope regarding the Master Plan Re- examination Report.
8. Resolution received May 22, 2007, from the Borough
of Kinnelon regarding the Support of S-2507 Reporting of
Lyme Disease and Supplementing Title 26 of the State Statutes.
9. Resolution received May 23, 2007, from the Township
of Parsippany – Troy Hills regarding Support of Senate
Bill 135/Assembly Bill 785 as they Pertain to Overcrowding
of Certain Dwelling Units.
10. Resolution received May 29, 2007, from the Township
of Monroe regarding Abbott-Burke Reform.
11. Resolution received June 5, 2007, from the Town of
Boonton regarding the Reporting of Lyme Disease and Supplementing
Title 26 of the State Statutes.
LEAGUE OF MUNICIPALITIES
12. Letter received May 23, 2007, from the New Jersey
State League of Municipalities regarding “High Performance
Redevelopment: A Conference on Brownfields Redevelopment
and Green Building, Energy and Affordable & Sustainable
Housing.”
13. Program Information received June 1, 2007, from the
Morris County League of Municipalities regarding “Morris
Tomorrow.”
MUA / MSA
14. 2006 Audit received June 8, 2007, from the Musconetcong
Sewerage Authority.
15. Minutes received June 8, 2007, from the Musconetcong
Sewerage Authority regarding the May 9, 2007 meeting.
DOT / DEP / LOI / HIGHLANDS
16. Letter received May 21, 2007, from the State of New
Jersey, Department of Environmental Protection, regarding
Extension of a Letter of Interpretation – Line Verification
Applicant: Toll Brothers, Inc. Block 4400, Lots 86 & 108
(39 Sovereign Drive & 152 Flanders – Netcong
Road).
17. Letter received May 25, 2007, from the State of New
Jersey, Department of Environmental Protection, regarding
Hackettstown Congregation of Jehovah’s Witness Block
8300, Lot 5.01 (11 Stephens Park Road) Agency Determination:
Highlands Act – Not Exempt, Water Quality Management
Plan – Consistent.
18. Letter received May 29, 2007, from the State of New
Jersey, Department of Environmental Protection, regarding
Treatment Works Approval No. 07-0138 – Sludge Thickening
System.
19. Letter received May 29, 2007, from Richard Johnson,
PE, CME regarding Stream Encroachment / Wetlands Application
Block 4600, Lot 29 (16 North Road).
20. Historic Preservation Bulletin received May 30, 2007,
from the New Jersey Department of Environmental Protection,
Historic Preservation Office, regarding the Past 40 years
of Historic Preservation by the State of new Jersey, New
Jersey’s “Road” to the ’66 Act,
and Policy and Historic Preservation: A Preliminary Research
Agenda.
21. Letter received May 31, 2007, from the State of New
Jersey, Department of Transportation, regarding FY 2008
Municipal Aid Program.
22. Letter received June 6, 2007, from the State of New
Jersey, Department of Environmental Protection, regarding
approval of extension for Remedial Investigation Report
for Koskulics Residence, 5 Summit Avenue, Mount Olive.
23. Letter received June 6, 2007, from Ecol Sciences,
Inc. regarding Survey Revisions for a Letter of Interpretation
for Block 102, Lot 1, Block 106, Lot 3 and Block 202, Lot
1 (250 & 30 Continental Drive, 2000 International Drive)
Applicant: The Rockefeller Group.
24. Letter received June 7, 2007, from Chester, Ploussas,
Lisowsky Partnership, LLP regarding Stream Encroachment
Permitting Application for 700 International Drive, Block
104, Lot 4.
25. Highlands Applicability and Water Quality Management
Plan, Consistency Determination Application Form (Highlands
Applicability Determination) received June 7, 2007, from
the New Jersey Department of Environmental Protection regarding
341 Route 46, renovation of existing gas station. Applicant:
Dr. Parminderjeet Sandhu.
26. Letter received June 8, 2007, from McConnell, Lenard & Campbell,
L.L.P regarding Highlands Exemption Application for Riad
Development Corp., LLC Block 6800, Lot 2 (286 Route 206).
UTILITIES
27. Program information received May 29, 2007, from the
South Branch Watershed Association regarding Stream Restoration
Dvoor Farm Rehabilitation.
28. Fax received June 7, 2007, from Comcast regarding
State Sales Tax.
MORRIS COUNTY
29. Minutes received May 22, 2007, from the Morris County
Planning Board regarding the April 19, 2007 meeting.
30. Annual Report received June 4, 2007, from the Morris
County Planning Board regarding “Development Activity
2006.”
31. Memo received June 7, 2007, from the County of Morris
regarding an iInvitation to submit proposals to provide
transportation services for senior and disabled residents
in Morris County.
MISC
32. Letter received May 29, 2007, from ANJEC regarding
reimbursement for Smart Growth Planning Grants Program
contribution toward the cost of developing a Natural Resource
Inventory.
COAH
33. Letter received May 30, 2007, from John A. Fenimore,
Esq. regarding COAH Contribution for Anthony Guidi, 80
Flanders Road, Block 7600, Lot 73.
LEGISLATIVE REPRESENTATIVES
34. E-mail received May 18, 2007, from Congressman Frelinghuysen
regarding Immigration: We are Nation of Laws, Frelinghuysen:
Budget Deal is Raw Deal, House Authorizes Department of
Defense Budget, and Bill Will Put More Police on the Street.
35. Letter received May 22, 2007, from Congressman Frelinghuysen
regarding election technology and practices.
TORT
36. Letter received May 29, 2007, regarding Tort Claim
Notice Pursuant to NJ Statue Annotated 5900:1- 1,et. Seq.,
IBEW Local 102 of 50 Parsippany Road, Parsippany, NJ.
President Greenbaum: There are 36 pieces of Correspondence
on the amended Agenda. Does anyone wish to discuss any
particular piece of Correspondence? Mr. Buell, then Mr.
Tepper.
Mr. Buell: Yes # 2, School House Lane drainage. I talked
to Bill Sohl about this and I also asked about it at the
Board of Education meeting last night. The residents of
10 School House Lane sent us a long letter with pictures
showing the drainage problems. I asked the School Board
specifically last night, what is the resolution of this?
They indicated that Turner Construction and Prisco have
now built the softball field which is the major problem
here, to specifications, and they say that they think the
drainage problem coming from the School through 10 School
House Lane has been corrected. They’re going to have
to wait until it rains to make that determination whether
or not that’s the case. Is it over? I don’t
know. The other comment that they made to me, after they
said that the drainage from the School has now been corrected,
is that this will now probably create a drainage problem
on 10 School House Lane. Their drainage, I think, from
their lot drained across the softball field previously,
and we now have got a situation where their drainage has
got to go some place. So we may or may not have fixed this
problem.
President Greenbaum: Is it on this issue Mr. Rattner?
Mr. Rattner: Yes.
President Greenbaum: Yes, go ahead.
Mr. Rattner: They suggest to the School Board, since they
have the $350,000 that’s left in the bond, that they
were looking at what’s the priority and what they
have to fix so that they don’t spend that until they
understand what the resolution is going to be, because…
Mr. Buell: They no longer have $350…
Mr. Rattner: Oh, they already spent it?
Mr. Buell: They had $271,000 and they’ve spent
about $100,000 so now they’ve got $171,000.
Mr. Rattner: Then let’s go there and at least if
nothing else, just in a Council, and remind them, because,
you know, this is not something that’s a surprise.
The residents have been putting up with it for a while.
I mean we’ve all taken pictures there, so we know
it’s an issue. If it wasn’t in the design,
if they can’t go back after somebody, whatever they
have to do to resolve the problem, I think for $100,000
or $170,000 they can do that and a lot more.
Mr. Buell: Yes.
President Greenbaum: Mr. Tepper?
Mr. Tepper: My question was to Mr. Rattner regarding if
they were draining their property on to the School all
these years, and the School has now built properly so that
their water doesn’t drain on the School property
but stays on their own, is the School responsible?
President Greenbaum: Not if there’s… it depends,
there are a number of different legal issues that would
be involved. Number one, is there an easement that would
allow for the drainage? Probably not. How long has it been
occurring for? Is there some kind of equitable…?
Mr. Tepper: It’s…
Mr. Rattner: No.
Mr. Tepper: It’s just a question that I asked. The
statement was made that they were draining on to that area
where the softball field was, so they were utilizing that
property. So I think the issue is larger than what the
residents think, whether it’s the cause of the School
or not.
President Greenbaum: Well, ultimately it may be the subject
of a lawsuit between the homeowner and the School Board
in terms of who is responsible.
Mr. Rattner: But there’s a certain amount, you know,
when you talk about water it’s first come first serve.
But the big thing is, though, it can be handled. All they
have to do is pipe it out into one of our storm drains
there, and as long as it’s piped, instead of going
overland they go under land. It’s only a matter of
cost. It has nothing to do, I mean it’s not that
hard, that part to resolve, because you can see where the
water is coming from. What you have to do is channel it
into a storm drain.
President Greenbaum: Yes.
Mr. Rattner: I mean the permitting may be a problem, but
the cost isn’t.
President Greenbaum: Not necessarily, it’s more
than taxes, it’s actually… Mr. Sohl did you
have something to say?
Mr. Sohl: Yes, just as a point of reference, the School
Board speaker did in fact issue a letter to the residents
that was sent out, where they basically totally owned up
to the problems being made. “They” being the
Board of Education.
Mr. Rattner: Well the Board did that a couple of months
ago…
Mr. Sohl: Well they did it again…
Mr. Rattner: …and they gave them until June 1st
to correct it.
Mr. Buell: And now they’ve corrected it, supposedly.
Mr. Sohl: Fifteen days ago.
President Greenbaum: Well, unfortunately it’s not
something that the Township, or fortunately it’s
not something that the Township caused. It’s a School
issue and it has to be resolved between the homeowner and
the School Board, and it sounds like it’s moving
that route.
Mr. Buell: Yes, it is, but ultimately Steve may be correct
because ultimately if they have to pipe it underneath,
or do something else with the drainage, the drainage is
going to come in to our storm drain.
Mr. Rattner: Yes, and that’s the acceptable way
of doing it.
Mr. Buell: That’s the way it should be.
President Greenbaum: Then it becomes a Township issue
at that point.
Mr. Buell: Yes.
Mr. Rattner: Yes.
President Greenbaum: Mr. Tepper, you have the floor.
Mr. Tepper: My question has to do under item #36 on Tort
regarding the court claim notice having to do with the
IBEW protest thing. I believe we had charged several people
with inciting a riot, and my question is, one, is there
an update on status on that? And two, are we allowed in
any way, shape, or form to recover for costs for bringing
in the other Towns and any overtime that was incurred by
having to deploy so many people under this riot?
Mr. Dorsey: No, I know of no way that you can get reimbursed.
Nothing further has occurred beyond the notice and tort
claim. No suit has been filed. You know, a lot of these
things in connection with these labor actions kind of fade
away after a while one way or another. There is no way
at this point that you can recoup whatever overtime you
had.
Mr. Tepper: It’s just the normal course.
Mr. Dorsey: It could be a different set of circumstances
if it had gone on and on, and there had been various orders
issued, which they violated, but it seemed to get straightened
out fairly quickly.
Mr. Tepper: Alright.
Mr. Dorsey: The Chief was in contact with me right away,
and I said you should turn over all of your responsibilities
to the Sheriff’s office. I think at first he thought
I was demeaning him, but then recognized the value of turning
it over to somebody else and did so forth with.
President Greenbaum: Just so you know there’s a
six month period prohibition against filing a lawsuit subsequent
to filing a notice of tort claim. So, they have to wait
six months. It’s an opportunity for the municipality
of public entity to do some discovery into the claims that
are asserted in the notice of tort.
Mr. Tepper: Thank you.
President Greenbaum: Mayor?
Mayor Scapicchio: This is information several days after
that incident occurred. Bill Sohl and myself were briefed
by the Chief and the Captain after they thoroughly reviewed
the video tape and audiotape, and they are confident that
they followed all of the appropriate procedures necessary,
so…
President Greenbaum: Notwithstanding that we may still
end up getting sued?
Mr. Buell: Yes.
Mayor Scapicchio: Absolutely.
President Greenbaum: Mr. Buell?
Mr. Buell: Yes, #3. Same question, except have they decided
where they’re going to have this labor protest?
Mayor Scapicchio: Not to my knowledge, not yet.
Mr. Sohl: We have received no specific request for parade
permits, or…
Mr. Buell: Do we have a parade permit?
Mrs. Lashway: No.
Mr. Sohl: Well, we don’t actually have a process
in place.
Mr. Buell: Do we have to? Should we put one in place?
Mr. Rattner: We don’t have the cause…
Mrs. Lashway: You would have to have an ordinance.
President Greenbaum: It’s not worth the trouble
at this point, I mean it’s, we really haven’t
had an issue. So why make a big deal out of it? Okay, any
other comments on Correspondence? Mr. Buell?
Mr. Buell: Number 8 and 9 is a resolution from Netcong
and from Kinnelon, or not Kinnelon but Parsippany, asking…
Mrs. Labow: We have that on the Agenda, right?
Mr. Buell: We have that already?
Mrs. Labow: I asked for that.
Mr. Buell: Okay, I was going to ask for a resolution to
be drawn. I’d also like to work with the School Board
on resolution number 10 regarding support of the Abbott-Burke
reform. I think we should do something with the school
board.
President Greenbaum: I’ll ask Mr. Dorsey to prepare
a Resolution similar to, I forget which Township sent us
the Resolution…
Mr. Rattner: Monroe.
President Greenbaum: …and we’ll have that
on for a Workshop.
Mr. Buell: Because I’d like that to be jointly with
the School Board, you know. Obviously they’re the
ones that… I don’t know how we would do that
jointly with the School Board.
Mr. Dorsey: I don’t know.
President Greenbaum: I don’t know, either.
Mrs. Labow: They’ll probably just do it and then
pass it on to them and ask them.
Mr. Dorsey: I’ll take care of it.
President Greenbaum: Thank you. Any other issues related
to Correspondence? Yes, I understand 8 and 9 are different.
There’s one on for Lymes disease tonight, there is
not one on for overcrowding.
Mrs. Lashway: Do you want the overcrowding for the next
meeting?
Mr. Buell: Yes.
President Greenbaum: Okay, any other comments on any particular
piece of Correspondence? Seeing none, we’ll move
on.
ORDINANCE FOR PUBLIC HEARING
President Greenbaum: We’re up to Ordinances for
Public Hearing. There is one Ordinance on this evening.
It’s Ordinance #24-2007 entitled:
Ord. #24-2007 An Ordinance Amending Chapter 400 Entitled “Land
Use” of the Municipal Code of the Township of Mount
Olive, County of Morris and State of New Jersey to Amend
and Supplement Article IX Entitled “Development Fee
and Affordable Housing Contribution.” (Continue to
June 26, 2007)
President Greenbaum: At this point in time I will open
it up to the public. Anyone who wishes to be heard on Ordinance
#24-2007? Seeing none, I will close it to the public. I’m
going to ask that the Public Portion be continued to June
26th. Mr. Tepper would you make such a motion?
Mr. Tepper: I move that Ordinance #24-2007 be continued
to June 26th.
Mr. Buell: Second.
President Greenbaum: Okay, we’re going to continue
the Public Portion on this particular ordinance. All those
in favor? Aye. All opposed? Okay, we will continue the
Public Portion for the 26th of June.
ROLL CALL VOTE:
ORDINANCES FOR FIRST READING – 2nd reading June
26, 2007
President Greenbaum: The first ordinance is Ordinance
#25-2007 entitled:
Ord. #25-2007 Bond Ordinance Providing for Various Water
Capital Improvements in and by the Township of Mount Olive,
in the County of Morris, New Jersey, Appropriating $774,000
Therefor and Authorizing the Issuance of $735,300 Bonds
or Notes of the Township to Finance Part of the Cost Thereof.
President Greenbaum: Mr. Buell, do you want to move that
please?
Mr. Buell: Yes, thank you. I move that Ordinance #25-2007
be introduced by title and passed on first reading and
the meeting be held on June 26th, 2007 at 7:30 p.m. at
the Municipal Building, 204 Flanders-Drakestown Road, Mount
Olive, NJ for a public hearing consideration of said reading
and passage of said ordinance that the Clerk be directed
to publish, post and make available such ordinance in accordance
with the requirements of law.
President Greenbaum: Is there a second?
Mrs. Labow: Second.
President Greenbaum: Moved and seconded. Any further discussion?
Roll Call please?
ROLL CALL: Passed unanimously.
President Greenbaum: Ordinance #26-2007 is the next ordinance
for first reading, entitled:
Ord. #26-2007 An Ordinance to Amend and Revise Certain
Standards as Set Forth in the R-6 Age-Restricted Residential
District in §400-100 of Chapter 400, Entitled “Land
Use” of the Code of the Township of Mount Olive Consistent
with the Affordable Housing Provisions as Set Forth in §400-85
of this Chapter.
President Greenbaum: Mr. Tobey can you please move that
for first reading?
Mr. Tobey: I move that Ordinance #26-2007 be introduced
by title, and passed on first reading and that a meeting
be held on June 26th, 2007 at 7:30 p.m. at the Municipal
Building, 204 Flanders-Drakestown Road, Mount Olive, NJ
for a public hearing and 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 law.
Mrs. Labow: Second.
President Greenbaum: Moved and seconded any discussion?
Mr. Tepper?
Mr. Tepper: On the buyer income eligibility I believe
it’s clause C, on page 7, should we not define when
we say, “percentage of median income,” what
that median income is? Whether it be the town’s,
the county’s or the states?
Mr. Dorsey: I think this is McGroarty?
Mr. Tepper: Yes.
Mr. Dorsey: I think the reference is to what the regulations
are by COAH, by reference in this ordinance.
Mr. Tepper: So by default it would be stated then?
Mr. Dorsey: Yes.
Mr. Sohl: Well whatever COAH specifies.
President Greenbaum: Yes. Does that answer your question
Mr. Tepper?
Mr. Tepper: If it is tied to that, it does answer my question.
President Greenbaum: Any other comments? Roll Call please?
ROLL CALL: Passed unanimously.
President Greenbaum: Next ordinance for first reading
is Ordinance #27-2007 entitled:
Ord. #27-2007 An Ordinance to Amend §400-85 of Chapter
400, Entitled “Land Use” of the Code of the
Township of Mount Olive in Order to Address the Requirements
of the NJ Council on Affordable Housing Related to the
Township’s Substantive Certification of its Housing
Plan Element and Fair Share Plan.
President Greenbaum: Mrs. Labow?
Mrs. Labow: Yes, thank you Mr. President. I move that
Ordinance #27-2007 be introduced by title, and passed on
first reading and that a meeting be held on June 26th,
2007 at 7:30 p.m. at the Municipal Building, 204 Flanders
Drakestown Road, Mount Olive, 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 law.
President Greenbaum: Is there a second?
Mr. Rattner: Second.
President Greenbaum: Moved and seconded. Is there any
discussion? Roll Call please?
ROLL CALL: Passed unanimously
President Greenbaum: Next ordinance for first reading
is Ordinance #28-2007 entitled:
Ord. #28-2007 An Ordinance of the Township of Mount Olive
to Amend and Supplement Chapter 4 Entitled Administrative
Code, Article VII Entitled Department of Budget and Financial
Operation and Article XI, Entitled Budget, Purchasing and
Expenditure Procedures.
President Greenbaum: Mr. Perkins?
Mr. Perkins: Thank you Mr. President. I move that Ordinance
#28-2007 be introduced by title, passed on first reading
and that a meeting be held on June 26th, 2007 at 7:30 p.m.
at the Municipal Building, 204 Flanders-Drakestown Road,
Mount Olive, NJ for public hearing and consideration of
second reading for passage of said ordinance, that the
clerk be directed to publish, post and make available said
ordinance in accordance with the requirements of law.
Mrs. Labow: Second.
President Greenbaum: Moved and seconded. Is there any
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
1. Resolution of the Township Council of the Township
of Mount Olive Authorizing the Renewal of Alcoholic Beverage
Licenses for the 2007-2008 Licensing Period.
2. Resolution of the Township Council of the Township
of Mount Olive Authorizing the Execution of a Developer’s
Agreement Based on Final Site Plan Approval Between the
Township of Mount Olive and Armstrong Sutton Plaza, LLC.
3. Resolution of the Township Council of the Township
of Mount Olive Relative to the Tax Appeal Filed by Atrium
Hospitality for the Years 2006 and 2007.
4. Resolution of the Township Council of the Township
of Mount Olive Authorizing the Cancellation of Sewer and
Water Capital Ordinance Balances.
5. Resolution of the Township Council of the Township
of Mount Olive Authorizing the Use of a State Purchasing
Contract.
6. Resolution of the Township Council of the Township
of Mount Olive Requesting Approval from the Director of
the Division of Local Government Services for Insertion
of a Specific Item of Revenue into the 2007 Municipal Budget
($4,000 for the Click it or Ticket Grant).
7. Resolution of the Township Council of the Township
of Mount Olive Authorizing the Mayor to Execute a Grant
Application for MOMAC for 2008.
10. Resolution of the Township Council of the Township
of Mount Olive Authorizing Change Order No. 1 in Connection
with the Sutton Tank Painting Project.
11. Resolution of the Township Council of the Township
of Mount Olive Rejecting All Bids for Cleaning Services
for the Municipal Building and Senior Center.
12. Resolution of the Township Council of the Township
of Mount Olive Awarding a Contract to Atlantic Tactical
of New Jersey for Police and Dispatcher Uniforms.
13. Resolution of the Township Council of the Township
of Mount Olive Authorizing Change Order No. 1 in Connection
with Route 46 Sidewalk Improvements.
President Greenbaum: I have already removed 8 and 9 and
moved them to the Non-Consent. Does anyone wish to have
any of the others removed? Seeing none, I’m going
to ask Mr. Rattner to move 1 through 7, and 10 through
13.
Mr. Rattner: So moved.
Mrs. Labow: Second.
President Greenbaum: Moved and seconded.
PUBLIC PORTION ON CONSENT RESOLUTIONS
COUNCIL COMMENTS ON CONSENT RESOLUTIONS
ROLL CALL: Passed unanimously.
RESOLUTIONS NON CONSENT
8. Resolution of the Township Council of the Township
of Mount Olive Requesting the MSA to Include Within its
Sewer Service Area Mount Olive Township Block 4100, Lot
10.
President Greenbaum: Okay, we’re up to Resolution
#8 which will be the first resolution on the Non Consent
Resolutions Agenda. Mr. Dorsey?
Mr. Dorsey: Well, the resolution we raised is going to
be amended, Lisa did a fine job this afternoon. The now
therefore be it resolved clause will read as follows:
NOW THEREFORE BE IT RESOLVED by the Township Council of
the Township of Mount Olive that it does hereby formally
request that the Musconetcong Sewerage Authority amend
its Wastewater Management Plan to provide sewer service
to Block 4100 Lot 10 within the Musconetcong Sewerage Authority
sewer service area, Lot 10 being compromised of 102 acres
and it is estimated that the necessary gallonage would
be 75,000 GPD for a minimum of 400,000 square feet of retail
and office space.
President Greenbaum: That is the amendment?
Mr. Dorsey: The amendment.
President Greenbaum: The amendment. Mr. Rattner, do you
want to move that please?
Mr. Rattner: So moved.
Mr. Perkins: Second.
President Greenbaum: Moved and seconded. Is there any
discussion from the public? Any Council discussion? Roll
Call please?
ROLL CALL: Passed unanimously.
President Greenbaum: We’re up to Resolution #9 which
is going to be amended by Mr. Dorsey.
9. Resolution of the Township Council of the Township
of Mount Olive Rejecting All Bids for the DPW Site Improvements.
Mr. Dorsey: It’s going to be amended so it will
now read:
NOW THEREFORE, BE IT RESOLVED by the Township Council
of the Township of Mount Olive, Morris County, that the
recommendation of Tim Quinn, DPW Director and Suburban
Engineering is hereby accepted, all bids for the DPW Site
Improvements are hereby rejected and the work shall be
done “in house.”
President Greenbaum: Mr. Perkins, do you want to move
that, please?
Mr. Perkins: So moved.
President Greenbaum: Is there a second?
Mrs. Labow: Second.
President Greenbaum: Moved and seconded. Does anyone from
the public wish to be heard? Seeing none, any Council comment?
Roll Call please?
ROLL CALL: Passed unanimously.
President Greenbaum: We’re up to Resolution #14
entitled:
14. Resolution of the Township Council of the Township
of Mount Olive, County of Morris, State of New Jersey in
Support of S-2507 Reporting of Lyme Disease and Supplementing
Title 26 of the State Statutes.
Mrs. Labow: Yes, 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. Is there anyone
from the public that wishes to be heard? Any Council comments?
Roll Call, please.
ROLL CALL: Passed unanimously.
MOTIONS
1. Bill List
President Greenbaum: We’re up to the Bill List.
Did we get any answers to Mr. Buell’s questions?
Mr. Buell: Didn’t get the answer to the Cablevision
line, between…
Mrs. Jenkins: The Cablevision is for the School Resource
Officers to be able to connect to the police server, both
at the High School and the Middle School.
Mr. Buell: So they will now have closed circuit to both
of these?
Mrs. Jenkins: Yes.
Mr. Buell: Where does that go to in the two Schools, do
you know?
Mrs. Jenkins: You mean is there… I thought they
had a separate office.
Mr. Buell: Is that all of the video inside both Schools?
Or just one hookup?
Mr. Sohl: I honestly don’t know, I mean we’d
have to bring Scott in.
President Greenbaum: Yes, why don’t you contact
Scott directly, and you can get the answer.
Mr. Buell: Yes I will.
President Greenbaum: Okay, thank you. Mr.Tepper, do you
want to move the Bill List, please?
Mr. Tepper: Yes, Mr. President. I move for approval of
the Bill List as presented.
Mr. Rattner: Second.
President Greenbaum: Moved and seconded. Is there any
discussion? Roll Call please?
ROLL CALL: Passed unanimously.
ADMINISTRATIVE MATTERS
President Greenbaum: Any administrative matters, Mayor?
Mr. Sohl?
Mayor Scapicchio: Nothing right now.
Mr. Sohl: None.
OLD BUSINESS
President Greenbaum: We had talked about vandalism at
Turkey Brook Park I think we were going to get an update
in terms of whether or not up there is a vandalism problem
going on up there, and what we’re going to do about
it.
Mr. Sohl: I spoke to the Mayor, not the Mayor, the Chief
and from his perspective he doesn’t see any difference
from anything that’s gone on in the past. Tim, do
you have any further update?
President Greenbaum: You have to come up. With regard
to vandalism at Turkey Brook Park, is there a problem?
Mr. Quinn: We have minor issues from time to time. I don’t
think that it’s something that’s totally out
of hand at this point.
President Greenbaum: Okay. Thank you.
Mr. Sohl: Thanks Tim.
President Greenbaum: We’d like to be updated if
that situation is to change, and perhaps you can look into
what it would cost to put cameras up there as a preventative
measure just so that we have some idea as to what it would
cost to move forward with that type of video surveillance.
NEW BUSINESS
LEGAL MATTERS
Mr. Dorsey: Yes a couple of things. Chairman, I know this
is getting to be rather routine. I’m pleased to turn
in to the Township a check for $10,287.50, which represents
reimbursement to the Township for legal fees paid by the
Township in connection with litigation referred to as AIG
vs. Vollers, in which AIG owes us a defense and indemnification
for the last six months. This is the third payment which
totals almost $30,000. Mr. Chairman, we agreed we’d
have a 5 or 10 minute Executive Session to go over a couple
of things, maybe that’s most convenient.
President Greenbaum: Yes we will at the end of the Council
Reports, we have the Executive Session.
Mr. Dorsey: Who brings money in except Dorsey?
Mrs. Labow: There you go. I need my boots.
COUNCIL REPORTS
Recreation Liaison Report
Mr. Tobey: We had our meeting last week and just one matter
to report on. Mr. Todd Novaky who is with us tonight, who
was there last week with regards to the signs on the field
fences at the Jack Kroft / Babe Ruth fields, he’s
going to be making a formal presentation with pictures
and specifics for the Committee to review in order to make
a recommendation to the Council.
President Greenbaum: That’s going to go to the Recreation
Committee?
Mr, Tobey: Yes.
Mr. Buell: Can I ask a question on that? I read the minutes
of that, and was there any discussion on the rest of the
fields? Because obviously once we put signs on one field,
we’re now going to end up with requests for all of
the fields.
Mr. Tobey: Yes, to answer your question. The discussion
started going in a couple of different directions, and
we decided to keep it to this one, and handle any future
topics on a case by case basis.
President Greenbaum: I don’t know that we can do
that as a Council.
Mrs. Labow: I don’t think so.
Mr. Buell: I don’t either.
President Greenbaum: But, notwithstanding that, the Recreation
Advisory Committee can handle that any way that they see
fit. Obviously we have a greater obligation in terms of
setting policy than the Recreation Advisory Committee,
in terms of the opinion that they authorize. I have a particular
problem with the way that the signs went up, and that,
it had been made very clear that signs were not permitted.
They went up almost in the middle of the night it seemed
like, they just appeared one day. Then there was some comment
that I had approved of the signs being put up by Mr. Masotti
and I’ve never spoken to Mr. Masotti. I don’t
think I have ever had a conversation with Mr. Masotti,
let alone having a conversation with him about signs. The
only discussion I’ve had with respect to the lighting
of the ball fields was with Buddy Shakespeare, and I indicated
to him that I didn’t think it was a Council issue.
I didn’t want it to come back to Council because
we had debated it ad nauseum, and had determined that we
were prepared to allow the putting up of the lights in
the event that we didn’t have a field more suitable.
It would be appropriate to put the lights up if and when
they had raised the money sufficient to put in the lights.
That’s what Council had approved. There was a Resolution
which was adopted to that effect. There was never any discussion
about signs in the Resolution, only at Council where Council
was inclined not to put up signs, and that’s where
it was left. And for baseball, for Jack Kroft to put up
the signs in clear violation of the discussion that we
had and then to say that I had approved it is extremely
troubling to me. Somebody out there is not telling the
truth, and is going about doing what they believe they
want to do irrespective of what the Council is telling
them they are allowed to do.
Mr. Tobey: From the Committee’s perspective, we
were all in agreement just to be receptive to a presentation.
President Greenbaum: I understand that, and I’m
not saying that by that comment that I’m not either
inclined or declined to allow signs. All I’m saying
is that we had had the discussion, it had not been approved
and they went up and put the signs anyway knowing that
it had not been approved, and then coming back and saying
that I had given permission. It’s just, it’s
a slap in the face. Anything else at the Recreation level?
Mr. Tobey: No, that’s it.
Board of Health Report
Mrs. Labow: We meet next week.
Planning Board Report
Mr. Tepper: It meets Thursday.
Board of Adjustment Liaison Report
Mr. Perkins: We’re meeting next week, Mr. President.
Open Space Committee Report
Mrs. Labow: We had to cancel the meeting Monday night
because we didn’t have enough people in attendance.
So it’s rescheduled for this coming Monday.
Legislative Committee Report
Mr. Buell: Yes, I attended a program titled “Cablevision:
The Landscape Changes in New Jersey.”
President Greenbaum: You have way too much free time on
your hands.
Mr. Buell: Mr. Perkins was originally scheduled to go
to this one.
President Greenbaum: I hope they served lunch.
Mr. Buell: No they didn’t (computer sounds).
President Greenbaum: Woah!
Mr. Buell: Whoa!
Mr. Rattner: I don’t think that it’s the batteries.
Mr. Tepper: That’s called power interruption.
Mr. Rattner: I think that computer is ready to blow and
take everybody with it.
Mr. Buell: This relates to Verizon applying for the new
state law, allowing for a statewide franchise of cable.
This is what, after listening to what’s happening
in the state, this is the way to screw all of the taxpayers
and all of the residents of New Jersey. Basically, Mount
Olive is one of the 340 towns in the state of New Jersey
which ultimately within the next three years, will be covered
by Verizon, and once Verizon has built up the 60% capacity
to cover our residents, all of the residents, instead of
the 2.5% tax on the basic charge for Cablevision, all the
residents will end up paying 3.5% of all charges for all
Cablevision, and Comcast. The other two cable operators
in the Township will also have to charge the 3.5%. The
only good thing about this is that it’s going to
double our revenue in the Township of Mount Olive because
that revenue comes to us. But listening to the towns where
this has already happened, initially there was some drop
in the cost of cable, but once the 3.5% became effective
all cost decreases ceased, and the cost of cable went up
for everybody. So, that will happen to us within the next
three years, and that’s one of the reasons I suspect
Cablevision has stopped negotiating with us because there’s
no incentive for them to negotiate any contract with any
town, any of the 340 towns for any of the cable services.
Pride Committee Liaison Report
Mr. Perkins: Thank you, Mr. President, we’re working
on the final decision on the billboard. That should be
redone this month. The Department of Public Works removed
the Mount Olive Jr. Baseball Association 12 U softball
signs which were unfortunately attached to the Welcome
to Mount Olive signs, which were paid for by private sponsorship,
as everyone’s aware. I did see the one at the Cloverhill
Treatment Plant that is now mounted on the boards just
to the left, and adjacent to the Welcome sign. I think
it’s a very prominent position. I don’t know
where we ended up with the one up on 206 south, but I did
want to make a special thank you to DPW for getting those
removed. Hopefully there was no damage to the 4x4 posts.
Thank you Mr. President.
Board of Education Liaison Report
Mr. Buell: Yes, they met last night. They honored, among
other things, the sports program. Mayor Scapicchio’s
daughter was one of the award winners for the softball.
They also awarded the Teachers of the Year, Anne Cassidy
at the High School, Tom De Voe at the Middle School,
John Fritzky at the CMS Elementary School, Jane Horn
at Mountain View School, Lisa Lamendola at Sandshore
School, and Karen Killian at Tinc Road School. That was
the first hour and a half, and then they went into the
Business Session and things got very interesting. First
of all the bus situation, the School Board is adding
eight drivers and they’re purchasing, lease purchasing,
four buses for four drivers that the School system is
going to hire there. They’re also going to outsource
four routes. So what has happened is that they have added
four drivers to their budget, and they credited a large
increase in the breakage based upon resignations and
retirements of some of the older teachers. In addition,
they’ve now increased the budget and added two
special needs teachers, and as I understand it four additional
teachers at Mountain View, and CMS, and one other school
based upon the fact they now have, or were anticipating
second grade enrollments of 28-29 students this year.
Now they’re reducing that by adding these teachers.
So in addition to the budget that they passed they have
now added nine additional positions.
Lake/Environment Issues Committee
Mr. Rattner: Nothing to report.
Safety Committee Liaison
Mr. Perkins: No meeting.
Finance Committee Report - none
Economic Development Committee Report
President Greenbaum: We already had a report.
Solid Waste Advisory Committee Report
Mrs. Labow: We meet tomorrow.
Library Board Liaison
Mr. Tepper: Meets tomorrow.
PUBLIC PORTION
President Greenbaum: Okay, we’re up to the Public
Portion. Is there anyone that wishes to be heard? Mr. Russell,
please state your name and address.
Nelson Russell, Budd Lake: Looking at tonight’s
Agenda, there seem to be two items that are in somewhat
conflict. One is Resolution #4, and as that pertains to
the Ordinance 25-2007. The Resolution is returning some
$84,000 to the Water Department and we’re turning
around and bonding $774,000.
President Greenbaum: What is your question? Why do we
do that? Why do we cancel out balances and then bond?
Mr. Russell: Yes.
President Greenbaum: Sherry?
Mrs. Jenkins: One really has nothing to do with the other.
Mr. Russell: That’s money that hasn’t been
spent, right? That’s coming back?
Mrs. Jenkins: It’s money that hasn’t been
spent that’s going into surplus that we can then
appropriate in next year’s budget.
Mr. Russell: Surplus rather than back to the water group?
The Water Department, right?
Mrs. Jenkins: Well, the surplus would go into the respective
utility. We’re canceling water and sewer balances
so part of it will go into the water, you know, for the
water projects and part of it will go into sewer for the
sewer projects.
Mr. Russell: Wouldn’t that reduce the amount we
have to bond?
Mrs. Jenkins: Well, these are new projects, they’re
unrelated to the projects that we’re canceling.
Mr. Russell: I understand that they’re unrelated
to the projects we’re canceling, but the money is
still allocated to the water utility.
Mrs. Jenkins: Exactly, it will go into surplus, and the
way that it works is that we will appropriate it in next
year’s budget to offset our costs for next year.
We’ve already appropriated down payment monies for
these projects in the 2007 budget.
Mr. Russell: Okay. We can’t use it for this year’s,
to reduce this year’s bond, huh?
Mrs. Jenkins: That’s typically not how we do it,
no.
Mr. Rattner: I think it’s a misconception, until
we actually, we’re not borrowing the money until
we actually need it. If we don’t need all the money,
we didn’t borrow it. This is part of a bond from
a prior year. We didn’t borrow that much money. See,
there are two different things that happened. On and on
going basis we borrow money, short term money, like you
go to the bank and ask for a short term loan for a year.
When we get to a certain amount and it makes sense, then
we go out and we get the formal financing. Right now we
only borrow the money that we need. So if some projects
don’t get completed, or we don’t buy a truck,
we never borrowed the money to begin with. So this money
really wasn’t borrowed.
Mr. Russell: Okay.
Mr. Rattner: At this point.
Nelson Russell, Budd Lake: That helps. Thank you.
President Greenbaum: Thank you.
Nelson Russell, Budd Lake: Correspondence item #3 was
missing from the packet there, I was just wondering why.
Mr. Rattner: We didn’t want you to see it.
Mr. Russell: That was the impression I got.
Mr. Dorsey: The Clerk could probably get you a copy of
that if it’s not there.
Mr. Russell: On the Bill List page 6, Sherry, what is
an “air card”? It goes to $154.99 a piece.
Mrs. Jenkins: You want to answer that, or do you want
me to?
Mr. Tepper: In their car it allows a laptop to access
the data network, a wireless data network.
Mrs. Jenkins: It’s for the mobile video then?
Mr. Tepper: It’s basically that you can dial in
on the internet by having this card in your computer.
Mr. Sohl: The police use it.
Mrs. Jenkins: It’s for the units they have in the
car.
Mr. Sohl: When they come in, they download all the video
automatically through that process.
Mr. Russell: And that’s a monthly charge?
Mrs. Jenkins: Yes.
Mr. Russell: I had another comment here, but I can’t
find where I…
President Greenbaum: Time’s up, thank you!
Mr. Russell: Northwestern University Alumni dues, for
$125. Why are we paying alumni dues to Northwestern University?
Mrs. Jenkins: I believe it’s leadership training
that the top level police have taken. It’s an organization
that they belong to and they pay annual dues in order to
be part of that.
Mr. Russell: Okay, it comes out of the departmental budget,
rather than individual.
Mrs. Jenkins: Yes, it comes out of the department budget.
Mr. Russell: Okay, I’m just trying to find some
way I can finance my alumni dues.
Mr. Buell: Don’t answer your phone.
Mr. Russell: On page 14, there are a lot of charges to
the, or payments made on behalf of the Recreation utility.
Do those ultimately get charged back to the Recreation
utility?
Mrs. Jenkins: Are you talking about for refunds?
Mr. Russell: Well, regular one day camp admission for
$20.
Mr. Sohl: That was a refund.
Mrs. Jenkins: Well, that one wasn’t a refund. That’s
actually for them to be able to go to Dorney Park. That’s
one of the programs that they’re running.
Mr. Russell: That should be paid. Is this being paid out
of the Recreation utility?
Mrs. Jenkins: If you look right up above it, it says “Checking
Account Recreational Utility.” So, all of those checks
are pertaining to that.
Mr. Russell: Okay, thank you.
President Greenbaum: Thank you very much. Todd, anything
this evening?
Mr. Novaky, Budd Lake: Yes.
President Greenbaum: Good because I have some questions
for you as well.
Mrs. Labow: Uh oh.
Mr. Novaky: What if I said no?
President Greenbaum: Then I wouldn’t have asked
the questions, I would have waited…
Mr. Novaky: First of all it’s good to be known on
a first name basis. My name’s Todd Novaky from Budd
Lake, and I’m here on behalf of Jack Kroft Baseball
Association. Before you ask me some questions, I would
like to apologize and to reiterate your outrage at the
signs going up without my knowledge, and without most of
the Committee’s knowledge. I cannot repeat what I
said to those people who live in the community that put
them up, but I told them that if they didn’t come
down right away, which by the time I found out, they were
down anyway, that I would not go in front of the Recreation
Advisory Board and embarrass us. So, that obviously was
something I didn’t know anything about.
President Greenbaum: I’m satisfied with that. It
sounds almost like an apology, so…
Mr. Novaky: I will make it an informal apology. I apologize
on behalf of Jack Kroft. It was outrageous that they would
do something dumb like that. So, I think that I got their
attention with my harsh words. I don’t think that
they’re going to do it again until we have formal
approval to do that, so. Basically, Phil was nice enough
to refer to our discussion from last week, and we submitted
today a proposal to Jill Daggen, that has our sign proposal
wrapped into it. I don’t know or care whether you
want to deal with it on a case by case, field by field
organization, by organization or change the whole Town
Ordinance. I don’t care, and I don’t think
our organization cares. What we’re looking to do
is to raise additional funds to make improvements to that
field, including the lighting packages and signage as our
fundraiser. That’s it. It’s a really cut and
dry approach.
Mrs. Labow: I saw your PowerPoint that you sent us.
Mr. Novaky: You did see it?
Mrs. Labow: Yes.
Mr. Novaky: Were you able to access the pictures?
Mrs. Labow: Yes, it was very easy.
Mr. Novaky: Good, because I couldn’t get them to
attach and send it.
Mrs. Labow: Tell Denise she did a good job.
Mr. Novaky: I will tell her that, thank you. So I’m
sure there are additional questions.
President Greenbaum: Not at this point. I think… I’ll
get to you Mr. Sohl. I think at this point Council wants
to wait until the recommendation of the Recreation Advisory
Committee, and then we’ll deal with it as a Council.
I think that there are a number of different issues that
the Council will see differently than the Recreation Advisory
Committee because it is not a field by field issue. Once
you allow signage to go up on the fields, I think it’s
extremely difficult for the Council to come back and say, “You
know what, it’s appropriate in Flanders Park for
Jack Kroft, but not appropriate for the baseball club up
at Turkey Brook. It’s not appropriate for soccer
up at Turkey Brook.” So I think that it is a complete
policy decision that needs to be addressed, and whether
appropriate or not appropriate is really the scope and
substance of the discussion that will ultimately occur.
There are other issues as well. Number one, you know, is
it something which the club should be allowed to participate
in if signs are going to be allowed? Or is it something
that the Township wants to get involved in? Revenue derived
from the signage in the park might be better used as a
Council decision in terms of field maintenance rather than
to be, to go toward lighting. Or it might be used in some
other fashion in terms of offsetting other costs that the
municipality has, in terms of providing appropriate recreational
needs for the kids in Mount Olive. So I think there is
a lot to be discussed, it’s not an open and shut
case. Phil, I would ask that you take that back to the
Recreation Advisory Committee as well, that, you know,
the Council had those concerns. Mr. Sohl, you had something?
Mr. Sohl: I just wanted to add, Mr. Novaky didn’t,
as he said, send the presentation. I think it was an 8
page PowerPoint, something to that type, that Jill forwarded
on to the Recreation Committee, and I was the recipient
of that also, and also sent it to every Council member,
Lisa, and the Mayor.
Mrs. Labow: I got it, yes.
Mr. Sohl: So you all should have that, I just forwarded
it about 7:00 tonight.
President Greenbaum: Thank you.
Mr. Sohl: You’re welcome.
Mr. Novaky: Can I make one comment about that?
President Greenbaum: Sure.
Mr. Novaky: What we’re trying to do is a very narrow
focused approach. What we’re trying to do is raise
the funds to finish this lighting project, and make the
improvements at Russ Nagle that need to be made. That’s
the purpose of our signs. I know other groups have other
purposes and the Town could have a purpose as well, but
what I’m asking is don’t throw another hurdle
in front of us while we’re trying to get this done.
Instead, if it’s possible to allow us to do it on
a trial basis, if it doesn’t work out, we said in
the Ordinance that’s the only year, boom, and you’re
done. But what I’m saying is don’t put more
hurdles in front because we have to address this gigantic
issue, when what we’re asking is a very narrow, specific
use.
President Greenbaum: See Todd, I don’t see it that
way. I, you know what, to me it is a fundamental issue
and it’s not, I don’t see how you can separate
out the lighting of Russ Nagle field as the important issue
here. The important issue here is a policy decision, more
so than, at least to me, than the lighting, than your effort
to get Russ Nagle Field lit. When we originally discussed
this issue in terms of whether we were going to allow lighting
on Township fields, when I say originally, it was probably
the sixth or seventh time that Jack Kroft had been back
to us to discuss the lighting issue, the Council, I think
it reluctantly agreed to allow the lighting of the field
at Flanders Park in the event that there was not a more
suitable field for lighting available to Jack Kroft. We
recognize the fact that, you know, there are problems with
playing baseball as the twilight comes. Not that those
problems couldn’t be surmounted by starting the games
earlier as other towns do that don’t have lighting.
Notwithstanding that fact, we were told that all that was
needed in order to raise the money to put up the lights
was the approval of Council to do it. We had a presentation
from various individuals from Jack Kroft as I recall, who
indicated that they could not raise the money until such
time as Council gave such approval. Council gave such approval.
The next thing I know, we have baseball, Jack Kroft, coming
back to us wanting to get this project completed prior
to raising the funds, and doing it by some way of financing,
which is not what was discussed originally before the Council,
and what was approved by the Council. The next thing I
know is that we have signs which are being placed on the
field, which is in direct, as I understand, that you understood
the issue, which was in direct contravention, contradiction
to exactly what had been discussed and what had been agreed
to by the Council. We were not prepared at that point in
time and I believe there was even a Recreation Advisory
opinion that signs should not be allowed for many of the
reasons that have been discussed. So I think that what
Jack Kroft should be doing is looking for ways to raise
the money to put the lights up, and it’s not something
that we’re going to do on a test basis. It’s
not something that at least I am personally prepared to
do on a financing basis. My suggestion is you raise the
funds, you put up the lights, and you get the games going
at night. Mr. Tepper?
Mr. Tepper: I respectively disagree about the financing.
If we sell something as a Town, and we sell somebody a
piece of property, whether they pay cash or finance it’s
irrelevant to the Town. If they have a commitment from
financing and have a legal note that someone is obligated
for, it would be paid for and it would be installed. So
the Township from that perspective would have the completed
project, and not have the financial liability. Our responsibility
would be to ensure that the company that was accepting
the financing was going to do the work, and accepted the
financing agreement, and that it was acceptable form. So
I would disagree from that perspective, and I will look
to the Recreation Advisory Committee to come back with
the recommendation on the signs before making any comment.
President Greenbaum: That’s fine.
Mrs. Labow: I have a question.
President Greenbaum: Mrs. Labow.
Mrs. Labow: Todd, how did your raffle go that you were
waiting for the…
Mr. Novaky: We’re right on target as far as the
fundraising goes, with the numbers I mentioned last time.
I can’t give you the exact dollar number I’m
sorry.
Mrs. Labow: I thought it was June 1st you had the drawing?
Mr. Novaky: Yes, the raffle went very well. We awarded
all the prizes, and we got roughly the revenue we were
looking for out of that.
Mrs. Labow: I was waiting for my T.V. to be delivered.
I bought like, twelve tickets.
Mr. Novaky: I was waiting for it too, Colleen. I was really
disappointed when they never called me.
Mr. Tepper: I beat you and I didn’t win either.
Mrs. Labow: I bought twelve of those tickets for that.
Todd Novaky: I bought 20, so…
Mrs. Labow: Oh that’s what I did wrong. I should
have bought 21.
Mr. Tepper: Todd didn’t win either.
President Greenbaum: I bought tickets as well.
Mr. Novaky: You know, I understand the grayer issues as
far as the differences and the understanding of how the
program was going to go and how the project was going to
go. I keep coming back to, you know, we’re trying
to make a valid approach here to try to raise the funds
so that the Town does not have to, so that the Town gets
a benefit out of it, and so that the kids can play baseball,
finish their games, and play ball at night. Maybe get the
High School on to that field in the spring time. I think
that these are things that are valid and that are worth
something, and so, I’m just asking for help to not
raise any more hurdles in front of us and allow us to proceed.
I mean, that’s really all I can say.
President Greenbaum: Thank you very much.
Mr. Novaky: Thank you.
Mrs. Labow: Thanks, Todd.
President Greenbaum: Anyone else from the public? Seeing
no one else, I’ll close it to the public. We are
going to go into an executive session to discuss two items.
Mr. Perkins, do you want to move us into executive session?
When we leave executive session, and we go back into Regular
Session we will have no further decisions. Mr. Sohl, did
you have something further?
Mr. Sohl: Just a quick question. One of the items I believe
is the Dattolo litigation?
President Greenbaum: Yes.
Mr. Sohl: Should DPW be here for that?
Mr. Dorsey: Yes.
Mr. Sohl: Tim, you stay!
Mr. Quinn: Thanks, Bill.
President Greenbaum: Go ahead Mr. Perkins, our resident
executive session motion mover.
Mr. Perkins: Thank you, Mr. President. According to Section
7 & 8 of the Open Public Meetings Act, I make a motion
that we move into executive session to discuss Dattolo,
Perkins, Best Western and Combe Fill.
Mrs. Lashway: No.
Mr. Dorsey: No. Dattolo, Toll and American Water and Combe
Fill North.
Mr. Perkins: No that’s not what’s on your
letter, but okay. What did Mr. Dorsey say?
Mrs. Lashway: American Water and Toll?
Mr. Dorsey: Yes, American Water Toll is one, Dattolo is
two, Combe Fill North is three. Okay, come up here Tim.
President Greenbaum: There’s been a motion. Is there
a second?
Mr. Tepper: Second.
President Greenbaum: All in favor?
AYE
ADJOURNMENT
President Greenbaum: Motion to adjourn. Is there a second?
Mr. Buell: Second.
Motion was made and seconded, all in favor and none opposed,
time meeting was adjourned at 9:59 p.m.
__________________________
Robert J. Greenbaum
Council President
I, HEREBY CERTIFY the foregoing to be a true copy of
a resolution adopted by the Mount Olive Township Council
at a duly convened meeting held on September 12, 2006.
_______________________
Lisa M. Lashway
Township Clerk
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