Mount Olive Township Council Meetings

Council Public Meeting - June 26, 2007

The Regular Public Meeting of the Mount Olive Township Council was called to Order at 7:29 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

TransOptions 2007 Grant presentation

President Greenbaum: First item of business is the TransOptions 2007 Grant presentation. Is that going to be done by you Mr. Sohl?

Mr. Sohl: That is correct and owing to the somewhat smaller size audience we have, rather than going to the podium I’ll stay right here. I had the pleasure of attending a breakfast hosted by TransOptions, which is short for Transportation Options, and those folks are looking at all kinds of ways to alter the mindset and the actual way we transport and use transportation. This year they began with a series of four grants, which they had not done before. Mount Olive is one of the first of four recipients, and at this point we have a check for $3,000 and I want to present that to the Mayor.

Mayor Scapicchio: Photo-op.

Mrs. Labow: There you go.

Mr. Sohl: And that is focused on the grant that was applied for which was for bicycle paths, signage and bicycle racks.

President Greenbaum: Excellent, congratulations. Very good job.

Mr. Sohl: Thank you.

President Greenbaum: Is that it?

Mr. Sohl: That is it.

Mrs. Labow: Do we all have to endorse it?

Questions on Bill List?

President Greenbaum: Anyone have any questions on the Bill List that haven’t already been presented to the Administration? Nelson, did you have a chance to review the Bill List? Did you have questions?

Mr. Nelson Russell, Budd Lake: Yes. $83,000 has been spent for…

President Greenbaum: $83,000.

Mr. Russell: …to Garden State Engineering for the Lake, I was just wondering what that was for?

President Greenbaum: Okay, do you have an answer to that already Mr. Sohl?

Mr. Sohl: Yes, this is money owed to Garden State Engineering. They have been working without being paid. This is a grant that goes through us to pay them, and NJ DEP had thrown no end of roadblocks, most of which made no sense. We got a rather pleasant letter from them recently indicating they were releasing the funds, based upon the representations that have been made and elements of problems that we pointed out to them where they were essentially putting up roadblocks after the fact. So the $83 is really a float, $83,000 is a float for work that’s already accomplished over seven quarters.

Mr. Russell: Over what period of time?

Mr. Sohl: What was that?

President Greenbaum: “Over what period of time?”

Mr. Sohl: I believe it goes back to 2005.

President Greenbaum: And that relates to work that was done on the Lake?

Mr. Sohl: It’s a study being done on the Lake, relative to the Lake water quality to benchmark the Lake.

President Greenbaum: I remember when we retained Garden State and it was many years ago.

Mr. Sohl: It seems like that.

Mrs. Jenkins: There’s still a big part of the grant that’s left, this is just a portion of it.

Mrs. Labow: And that was the one…

President Greenbaum: Right. So it’s grant money.

Mrs. Jenkins: Yes, we got in almost $84,000. We’re paying them what we can.

President Greenbaum: It’s grant money, it’s not coming out of the general revenue.

Mrs. Labow: Mr. Greenbaum?

President Greenbaum: Yes?

Mrs. Labow: On that subject, I think we had heard several months ago that they had to start all over because they weren’t able to finish some of the testing, and they were going to start it up again.

Mr. Sohl: Well the DEP basically changed horses midstream and changed what they were asking for. Without going into a lot of gory detail, I mean, in terms of who’s on first, bottom line is we broke the log jam and they finally let loose the money.

Mrs. Labow: And they’re going to start the study again?

Mr. Sohl: Well it’s been ongoing but GSE had in fact stopped doing physical work, but that shouldn’t…

Mrs. Labow: Okay, so it’s back up and running?

Mr. Sohl: We’re beyond that now.

Mrs. Labow: Okay good. Then good news.

President Greenbaum: Anyone else?

APPROVAL OF MINUTES OF PREVIOUS MEETINGS

May 8, 2007 PM– All present

May 22, 2007 PM– All present

June 12, 2007 WS – All present

June 12, 2007 CS – All present

June 19, 2007 WS – All present

June 19, 2007 CS – All present

Mrs. Lashway: I have to interrupt here. May 8th has not been submitted to you for approval, so you’ve got to remove that. They are not finished.

President Greenbaum: Amend the motion to remove May 8th.

Mrs. Labow: So amended and so moved.

Mr. Perkins: Second.

President Greenbaum: Any questions, deletions or comments?

ROLL CALL: Passed Unanimously

CORRESPONDENCE

RESOLUTIONS / ORDINANCES / CORRESPONDENCE OTHER TOWNS

1. Ordinance received June 11, 2007, from the Township of Byram regarding Land Use.

2. Resolution received June 15, 2007, from the Township of Galloway regarding Financial Responsibility for the Cost of a State Wide Gypsy Moth Control Program.

3. Resolution received June 15, 2007, from the Township of East Hanover regarding Abbott - Burke Funding.

4. Resolution received June 22, 2007, from the Borough of Rockaway regarding Abbott – Burke Funding.

LEAGUE OF MUNICIPALITIES

5. Legislative Bulletin received June 14, 2007, from the New Jersey State League of Municipalities regarding Bills that were enacted as Public Laws of 2006-2007.

6. Letter received June 20, 2007, from the New Jersey State League of Municipalities regarding the 10th Annual Elected Officials Hall of Fame.

MUA / MSA

7. Letter received June 11, 2007, from the Musconetcong Sewerage Authority regarding Amendment to the MSA Wastewater Management Plan.

DOT / DEP / LOI / HIGHLANDS

8. Letter received June 11, 2007, from the State of New Jersey, Highlands Water Protection and Planning Council regarding Comments on the Highlands Draft Regional Master Plan.

9. Highlands Applicability Determination Application received June 11, 2007, from Abdel Riad regarding property at Block 6800, Lot 2 (286 U.S. Highway route 206, Mount Olive).

10. Notice received June 15, 2007, from NJ Transit regarding Public Hearing.

11. Letter received June 15, 2007, from the State of New Jersey, Department of Environmental Protection regarding Treatment Works Approval No. 07-0275, International Trade Center West Block 1036, Lot 2.05 (International Drive).

12. Letter received June 20, 2007, from the State of New Jersey, Department of Transportation regarding Traffic near 181 Route 206 South, Flanders.

13. Letter received June 21, 2007, from the State of New Jersey, Department of Environmental Protection regarding No further action letter and covenant not to sue for Block 7702, Lot 31 (8 Wildwood Avenue).

UTILITIES

14. Letter received April 2, 2007, from Jersey Central Power and Light regarding over-billing of electric meter.

15. Letter received June 11, 2007, from Kelly & Ward, LLC regarding United Telephone Company of New Jersey, Inc. – Petition to continue to use public rights-of-way.

MISC

16. E-mail received June 13, 2007, from the National League of Cities regarding 2007 City Showcase Application Deadline.

17. E-mail received June 14, 2007, from the National League of Cities regarding the 15th Annual Leadership Summit in Chicago on September 27 though the 29th.

18. E-mail received June 15, 2007, from Susan Pinto regarding PARIS funding.

COAH

19. Letter received June 14, 2007, from the State of New Jersey, Department of Environmental Protection regarding Appellate Division’s decision affected COAH’s Third Round rules and Methodology.

LEGISLATIVE REPRESENTATIVES

20. E-mail received June 8, 2007, from Congressman Frelinghuysen regarding Meth Workshop, Picatinny Change of Command, Passport Regulations Temporarily Eased, Study: Scores Improved Since 21, Enactment of No Child Left Behind, House Approves Scholarship Database, Afghanistan Freedom and Security Support Act of 2007, and Congress to China: Condemn Darfur Atrocities.

21. E-mail received June 15, 2007, from Congressman Frelinghuysen regarding Military Construction / Quality of Life Funding Passes House, Homeland Security Funding Approved by House, House votes to Prevent Caller ID Spoofing, and Frelinghuysen Welcomes School Groups.

DCA

22. E-mail received June 8, 2007, from the Department of Community Affairs regarding Symposium: “Investing in Our Cultural Treasures and Destinations.

TORT

23. Notice of Motion received June 11, 2007, from Richard Koff, Jr. regarding ARD Mount Olive Associates v. Township of Mount Olive – Docket No. 006518-2006.

President Greenbaum: There are 23 pieces of Correspondence on the amended Agenda. Does anyone wish to discuss any particular piece of Correspondence? Seeing none, we will move on to Ordinances for Public Hearing.

ORDINANCE FOR PUBLIC HEARING

President Greenbaum: The first Ordinance for Public Hearing is 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.”

President Greenbaum: Does anyone from the public wish to be heard? Seeing none, I close it to the public,
and I ask Mr. Tepper to please move that for approval.

Mr. Tepper: It’s not going to be continued to… oh, it’s continued to today.
President Greenbaum: Yes it’s continued to today.

Mr. Tepper: Alright. I move that Ordinance #24-2007 be introduced by title and passed on first reading…

President Greenbaum: No, it’s a Public Hearing. It’s just moving it for approval and final passage.

Mr. Tepper: That’s the second one? That’s easy. I move that Ordinance #24-2007 to be approved.

Mrs. Labow: Second.

President Greenbaum: Moved and seconded. Any Council discussion? Roll Call please.

ROLL CALL: Passed unanimously

President Greenbaum: Ordinance #24-2007 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 #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: Does anyone from the public wish to be heard on this particular ordinance? Seeing
none, I close it to the public, and I ask Mr. Buell to please move this for adoption.

Mr. Buell: Thank you. I move Ordinance #25-2007.

Mrs. Labow: Second.

President Greenbaum: Moved and seconded. Any Council discussion? Roll Call please.

ROLL CALL: Passed unanimously

President Greenbaum: Ordinance #25-2007 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 going to be amended, it’s not amended, but it has been clarified, Mr. Dorsey?

Mr. Dorsey: Yes, Mr. McGroarty advised that COAH wanted him to add one word in there. I don’t think it substantially changes the meaning of the Ordinance, and therefore we can proceed.

President Greenbaum: Okay, it doesn’t need to be re-noticed?

Mr. Dorsey: No.

President Greenbaum: So the next Ordinance for Public Hearing is Ordinance #26-2007 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: Does anyone from the public wish to be heard? Seeing none, I close it to the public,
and I ask Mr. Tobey to please move Ordinance #26-2007 for adoption.

Mr. Tobey: I move Ordinance #26-2007.

Mrs. Labow: Second.

President Greenbaum: Moved and seconded. Any Council discussion? Roll Call please.

ROLL CALL: Passed unanimously

President Greenbaum: Ordinance #26-2007 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 #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: Does anyone from the public wish to be heard? Seeing none, I close it to the public,
and I ask Mr. Perkins to please move Ordinance #27-2007 for adoption.

Mr. Perkins: Mr. President I move for adoption and final passage of Ordinance #27-2007.

President Greenbaum: Is there a second?

Mrs. Labow: Second.

President Greenbaum: Moved and seconded. Any Council discussion? Mr. Rattner.

Mr. Rattner: Yes just a question. This all has to do with certification for round three which we don’t have yet.
Since we don’t have it, does that mean we can’t… We don’t have certification for round three, round two expired, so are we charging time, let’s say like Chuck McGroarty? Where are we charging that? Because up to
this point, under the former, under the other two rounds we were allowed to charge up to 20% of, we could use
20% of our fund for administrative costs, including labor, professionals and that type of thing.

Mr. Dorsey: I don’t think it’s changed.

Mr. Rattner: So, but without having certification we’re still charging them?

Mr. Dorsey: We’re doing all of this…

Mr. Tepper: It’s proceeding for certification, still.

Mr. Rattner: But, when we were certified, we could actually charge this time. Can we, I’m just asking, are we
not charging this time now because we don’t have a current certification?

Mrs. Jenkins: We haven’t charged anything right now to the Affordable Housing Trust for that type of work, at this point we haven’t. My understanding is that there has to be a spending plan in place before anything can be charged there.

Mr. Rattner: Didn’t we have a spending plan for round two?

Mrs. Jenkins: I don’t believe so.

Mr. Tepper: Yes.

President Greenbaum: Yes we did.

Mrs. Jenkins: Did we have one?

Mr. Tepper: For number two we did, for three we had submitted two weeks before they…

Mr. Rattner: I know what happened there that’s why I’m just asking that if we were charging against it so that it wasn’t coming out of our budget through round two… The question is now that we’re in this limbo, does that mean that we have no place to charge it because we don’t have certification? And I think I heard the answer is, “yes” we are not charging it because we don’t have certification.

Mr. Tepper: I would argue that we do have it because we’ve submitted and it’s up to the State which is on hold because of the court case. Right now, there is no one that has approved these three other than the two towns that had submitted prior to the deadline.

Mr. Rattner: That’s what I’m asking, I just want to know whether we’re charging them into our budget, or we’re charging it against the COAH fund.

President Greenbaum: I don’t think that anyone has the answer that’s sitting here tonight, and it’s not relevant to passing... I’m not saying it’s not relevant, I’m saying it’s not relevant to…

Mr. Rattner: Well it was included in this Ordinance, that says that we can charge 20%, up to 20% of the account.

Mrs. Jenkins: We haven’t charged anything to date. I know that Catherine is keeping track of those expenses. She was waiting for something in order for us to be able to transfer the money over.

Mr. Rattner: Yes I would think that we have to get approval, and I was just curious whether now it’s eating up our general fund, that’s all.

President Greenbaum: Any other questions or comments? Roll Call please.

ROLL CALL: Passed Unanimously

President Greenbaum: Ordinance #27-2007 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 #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: Does anyone from the public wish to be heard on this particular ordinance? Seeing none, I close it to the public. I ask Mr. Rattner to please move this ordinance.

Mr. Rattner: Thank you Mr. President. I move for adoption and final passage of Ordinance #28-2007.

President Greenbaum: Is there a second?

Mrs. Labow: Second.

President Greenbaum: Moved and seconded. Any Council discussion? Roll Call.

ROLL CALL: Passed Unanimously

President Greenbaum: Ordinance #28-2007 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 July 10, 2007

President Greenbaum: The first ordinance for first reading, second reading to be July 10th, 2007 is Ordinance #29-2007 entitled:

Ord. #29-2007 An Ordinance of the Township of Mount Olive to Repeal Section 196-73 Entitled “Charges” Subsection B and Correct a Type in “Note” in Subsection As.

President Greenbaum: Mr. Rattner, do you want to move that please?

Mr. Rattner: Thank you very much Mr. President. I move that Ordinance #29-2007 be introduced by title and
passed on first reading and that a meeting be held on July 10th, 2007, at 7:30 p.m. at the Municipal Building,
204 Flanders-Drakestown Road, Budd Lake, 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. 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 Closing Bridle Lane on July 28,
2007, 1 P.M. Until 11 P.M., Center Street between Spring Street and Sandshore Road on July 14, 2007
with a raindate of July 28, 2007 from 1 P.M. TO 12 A.M. and Hillery Drive between Devonshire Terrace and Harwich Street on July 4, 2007, from noon to 9 P.M. for the purpose of Holding Block Parties.

2. Resolution of the Township Council of the Township of Mount Olive in Support of Senate Bill 135/Assembly Bill 785 as they Pertain to Overcrowding of Certain Dwelling Units.

3. Resolution of the Township Council of the Township of Mount Olive in Support of State Legislation to Amend the Abbott-Burke Funding to Streamline Administration of a More Thorough and Efficient Education Throughout the State of New Jersey.

4. Resolution of the Township Council of the Township of Mount Olive Authorizing Payment in Connection with the Water Franchise Escrow Agreement.

5. Resolution of the Township Council of the Township of Mount Olive Acknowledging and Approving a Start-up Fee Contract Element as Part of the Overall Fleet Maintenance Contract with Penske.

President Greenbaum: Does anyone wish to have any of the five removed and put on Non Consent? Mr. Buell?

Mr. Buell: Number 1.

President Greenbaum: Mr. Tepper?

Mr. Tepper: No I’m fine.

President Greenbaum: Any others? Okay, Mr. Tepper do you want to move two through five, please?

Mr. Tepper: I move Consent Resolutions two through five for approval.

President Greenbaum: Is there a second?

Mrs. Labow: Second.

PUBLIC PORTION ON CONSENT RESOLUTIONS

President Greenbaum: Moved and seconded. Is there anyone from the public that wishes to be heard on Consent Resolutions two through five?

COUNCIL COMMENTS ON CONSENT RESOLUTIONS

President Greenbaum: Seeing none, is there any Council comment? Roll Call please.

ROLL CALL

RESOLUTIONS NON CONSENT

President Greenbaum: We’re up to the Non Consent Resolutions Agenda…

Mrs. Labow: No.

President Greenbaum: What’s that?

Mrs. Labow: Wrong number one. Oh, you’re going to put it over…

President Greenbaum: Yes, it’s Non Consent.

Mrs. Labow: Alright, I’m sorry.

President Greenbaum: Did I screw up? Or did you screw up?

Mrs. Labow: I screwed up I apologize.

President Greenbaum: We’re up to the Non Consent Resolutions agenda. The first Resolution to be discussed is Resolution #1.

Mrs. Labow: You did that well. Good job.

President Greenbaum: Thank you.

Mr. Buell: I move Resolution #1.

Mrs. Labow: Second.

President Greenbaum: Moved and seconded. Anyone from the public who wishes to be heard? Seeing none, I close it to the public. Mr. Buell the floor is yours.

Mr. Buell: Yes, maybe just a clarification, closure of Hillary Drive on July 4th. Hillary Drive extends from Route 206 all the way up through Clover Hill. I think closing that first 100 yards of it connects Alden Terrace and Glendale, may cause a problem. It’s only 100 yards, is that included in the closure of Hillary Drive on that day?

Mrs. Lashway: That’s specifically what Sergeant Van Ness gave to me.

Mrs. Labow: The whole entire road?

Mr. Sohl: They added two more?

Mayor Scapicchio: Yes, they added two more.

Mr. Sohl: Oh, okay.

Mr. Buell: Yes, they added Center Street and as I said, Hillary Drive…

President Greenbaum: Hillery runs between 206 and Harwich.

Mr. Buell: It’s the one at the light.

President Greenbaum: It runs between 206 and Harwich and you know, the Police Department are obviously familiar with the road, and have given the approval in terms of its closure. While I understand there may be some inconvenience to people in terms of having to go around…

Mr. Buell: But it’s also the street at the light to get people on to Route 206.

President Greenbaum: Yes, except there are alternate ways to get to 206 besides using Hillary. I mean you can go out to Flanders Bartley Road, you can take Clover Hill all the way to the bottom part on the Chester side. President Greenbaum (cont’d): So the Police Department has obviously considered that in terms of the recommendation to allow the closure of the street. Mayor?

Mayor Scapicchio: Well, this is actually something that has been going on for about the past 15 years.

Mr. Tepper: But they’ve asked for permission this time.

Mr. Buell: I think they always have.

Mayor Scapicchio: They’ve always asked for it and always been granted permission.

Mr. Buell: Well as I said, closing off that last 100 yards, not even 100 yards, it’s three houses.

President Greenbaum: I’m not going to substitute my judgment for that of the Police Department which have worked and approved this particular closure. If you feel that that is inappropriate then your vote should be “no” on the Resolution. Colleen?

Mrs. Labow: Should we add also in this to include the noise ordinance since it goes past the noise time?

Mrs. Lashway: They didn’t ask for a waiver.

President Greenbaum: They didn’t ask for a waiver.

Mrs. Labow: Well it seems, if we’re closing the roads past our noise, and we know it’s going to be noisy, it just seems…

President Greenbaum: Not necessarily, I don’t imagine that it’s really going to be an issue.

Mrs. Labow: I don’t think so either.

President Greenbaum: I think that I would leave it as is.

Mrs. Labow: Yes, okay.

President Greenbaum: Jim, anything further?

Mr. Buell: That’s, you know, I would like to offer an amendment. Close Hillary Drive for the balance of it, except for that distance between 206 and Glendale Avenue.

President Greenbaum: Well I assume that’s in the form of a motion, so we’ll look for a second to that. Anyone want to offer a second to the motion to amend? The motion dies without a second. Mr. Tepper, you had something?

Mr. Tepper: Minor semantics. On the revised Ordinance changed from purpose of “a” Block Parties to purpose of holding Block Parties, just change “a” to “holding.”

President Greenbaum: That’s fine. I assume that Mr. Buell, you have no problem with that amendment?

Mr. Buell: No.

President Greenbaum: And who seconded the Resolution? Colleen?

Mrs. Labow: Yes, no problem

President Greenbaum: Everyone, I assume, all in favor of the amendment.

AYE

President Greenbaum: All opposed? So the amendment carries, now we have the amended Resolution on the floor. Any other comment? Roll Call.

ROLL CALL: Mr. Tepper, Mr. Tobey, Mrs. Labow, Mr. Perkins, Mr. Rattner, Mr. Greenbaum voted yes and Mr. Buell voted no.

6. Resolution of the Mayor and the Township Council of the Township of Mount Olive Commending Sharon Popelka on 26 Years of Dedicated Service to the Township of Mount Olive.

Mr. Rattner: Well what we normally do on that is read the whole thing, so I will do that.

WHEREAS, Sharon Popelka was initially employed by the Township of Mount Olive on October 8, 1981 as a clerk typist working in the Police Detective Bureau; and,

WHEREAS, on or about June 26, 1985, Sharon Popelka moved to the position of the secretary to the Chief of Police, a position in which she has now served over a long period of time with success;

WHEREAS, in addition to serving as secretary to the Chief of Police, she attended the Police Academy and became a Certified Police Matron; and

WHEREAS, the Township is always pleased and honored that it has employees who have served the Township continuously over a very long period of time, bringing both experience and knowledge and skill to their positions; and

WHEREAS, Sharon Popelka has provided the Township with outstanding service; loyal and dedicated service for the last 26 years and now wishes to retire to enjoy her three granddaughters;

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Township Council of the Township of Mount Olive that it wishes to compliment and to thank Sharon Popelka for her dedicated service to the Township for the past 26 years; to thank her for her dedicated service and her skill in fulfilling the position of secretary to the Chief of Police and wish her well in her retirement.

President Greenbaum: Is there a second?

Mr. Perkins: Second.

President Greenbaum: Anyone from the public? Seeing none, I will close it to the public. Any further Council discussion? Roll Call please.

ROLL CALL: Passed Unanimously

7. Resolution of the Township Council of the Township of Mount Olive Authorizing the Renewal of Alcoholic Beverage Licenses for the 2007-2008 Licensing Period.

President Greenbaum: Mr. Tobey, do you want to move that please?

Mr. Tobey: I move Non Consent Resolution #7 as amended.

President Greenbaum: Is there a second?

Mr. Buell: Second.

President Greenbaum: Moved and seconded. Is there anyone from the public? Any Council Comment? Roll Call please.

ROLL CALL: Passed Unanimously

8. Resolution of the Township Council of the Township of Mount Olive Approving and Authorizing an Agreement with the Township of Washington for the Joint Purchase and Use of an Asphalt Zipper.

President Greenbaum: Next Resolution is #8. I am going to pull #8 and put it on for the next Public Meeting that we have because of issues raised by Mr. Rattner in a two page memo that was circulating today. I appreciate you taking such a close look at the memo. I discussed with Mr. Rattner why it was submitted late in the day. He was actually out of town for the last few days and didn’t have an opportunity to get it to the Administration sooner, but I think many of those issues need to be addressed. We’ll pick it up again at the next Public Meeting. The next Resolution for discussion this evening is #9 entitled:

9. Resolution of the Township Council of the Township of Mount Olive Directing the Administration to Correct EDU Undercounts and Collect Arrearages Within the B.L.S.S.S.

Mr. Rattner: Mr. President? I think that Resolution, I’ve heard some comments, we have to pass a Resolution on this in some regard, but I don’t think it’s ready for discussion at that time and I would ask that that be pulled at this time.

President Greenbaum: Okay, we’ll carry that to the next Public Meeting as well. Resolution #10 entitled:

10. Resolution of the Township Council of the Township of Mount Olive Authorizing a Settlement in the Matter Entitled Oakwood Garden Associates, LLC v. Township of Mount Olive Docket No. MRS-C-000099-06.

President Greenbaum: Mrs. Labow, do you want to move that?

Mrs. Labow: Yes, Mr. President I would like to move Resolution #10.

Ray Perkins: Second.

PUBLIC PORTION ON INDIVIDUAL RESOLUTIONS

President Greenbaum: Moved and seconded. Anyone from the public that wishes to be heard? Seeing none, Mr. Dorsey?

COUNCIL COMMENTS ON INDIVIDUAL RESOLUTIONS

Mr. Dorsey: Well, just so you all know, this resolution resolves our ongoing battle with and Oakwood Gardens, which there was some angst when I took the position that we shouldn’t just refund, we shouldn’t just give them the quit claim deed for $50,000. This week they settled at the number $47,000. This Resolution authorizes the Mayor and Clerk to sign the necessary quit claim deed, myself to sign the stipulation of settlement, and requires it all to be accomplished within one month, so we should have the check within 30 days.

President Greenbaum: Excellent job Mr. Dorsey.

Mr. Mr. Perkins: Good job, John.

Mrs. Labow: So we’re not going to be landlords?

Mr. Dorsey: Well I told them that they had to settle by tonight’s meeting, because Mr. Rattner would direct us to make a petition in court to partition the property. So we divided up the buildings, and they weren’t anxious to see that happen.

President Greenbaum: Roll Call please.

ROLL CALL: Passed Unanimously

MOTIONS

1. Bill List

President Greenbaum: Mr. Perkins, do you want to move the Bill List please?

Mr. Perkins: Yes, Mr. President. I move for adoption of the Bill List.

Mr. Buell: Second.

President Greenbaum: Moved and seconded. Any discussion? Roll Call.

ROLL CALL: Passed Unanimously

ADMINISTRATIVE MATTERS

Mr. Sohl: I’ll let the Mayor go first, and then I’ve got a couple.

Stop Sign Exiting Turkey Brook Park

Mayor Scapicchio: Just to update Council on a couple of things. At the June 19th meeting, the request was to have some stop signs put over at Turkey Brook Park. If anybody has driven through there over the last couple of days, those stop signs are up. You also asked about an “X” walk path…

Mr. Sohl: Cross walk.

Mayor Scapicchio: …cross walk at the pathway crossing Turkey Brook to that residential neighborhood, that is in place. On Friday June 22nd myself, Bill Sohl and several key people from the Administration participated in a breakfast, actually sponsored by the Morris County Economic Development Committee. They had, funded fully by them but on behalf of the Township, put out a survey to all businesses within the community that have, that do employ ten or more people, asking them what they liked about Mount Olive Township, what they disliked about Mount Olive Township, what we could do to make Mount Olive Township a little more business friendly. If they expanded, would they expand here? Those sorts of questions. We had that breakfast with them, which went over well on July 16th or 17th. Chris Marra, the Chairman of the Morris County Economic Development Committee and Bill Sohl and I will have a meeting. He will give us the total results of the input that we got back from those businesses. That should help us and Mount Olive’s Economic Development Committee in terms of what we may or may not need to do to help the business community out here in Mount Olive.

President Greenbaum: Okay.

Mr. Sohl: And just following up on a couple more things, several of the Council people tonight attended a session at the Seward House and I know Colleen and Russ you were unable to attend.

Mrs. Labow: I was still working.

Mr. Sohl: Kathy asked me to ask you guys if you would be interested in doing it on Saturday, this Saturday. If so, just give her a call.

Mrs. Labow: Oh yes, that would be great.

Mr. Tepper: I will be available on Saturday. Excellent. Thank you.

Mr. Sohl: Also at the last meeting there was brief mention of whether or not the Township would pursue getting involved with what is known as Warren - Morris Council of Governments, which is in essence a shared services entity that seems to be focused more on the Western part of Morris County into the Warren County area. I’ve been in touch with those folks. They’d be more than happy to have us join. There’s no cost to join. I will be putting a Resolution before you at the July 10th meeting to codify that. Lastly, Happy Fourth of July everybody next week.

Mr. Buell: Oh that’s right.

President Greenbaum: Thank you. Were you wishing me a Happy Birthday as well?

Mrs. Labow: Yes, Happy Birthday.

Mr. Tepper: Fireworks?

Mr. Sohl: No fireworks.

President Greenbaum: No fireworks, I’ll be out of town.

Mrs. Labow: You’re going out of town for your birthday this year?

Mr. Rattner: For his fireworks.

President Greenbaum: I’ll be in Las Vegas.

Mr. Sohl: Go to Pennsylvania.

Mrs. Labow: Oh, you’re going to do fireworks at…

Mr. Tepper: You can buy them there but you just can’t bring them back over to the state.

Mr. Sohl: Yeah well you go shoot them off in Pennsylvania.

Mr. Rattner: They’re illegal in PA. They’re only legal to buy, but for out-of-staters.

President Greenbaum: Okay, let’s move on with the meeting.

Mr. Sohl: That’s all I have.

OLD BUSINESS

Vandalism at Turkey Brook Park

President Greenbaum: First item is vandalism at Turkey Brook Park. Bill, have you had an opportunity to speak to Jim and to Chief Spitzer regarding vandalism at the Park?

Mr. Sohl: Yes, the feedback that I am getting is that essentially it’s no worse than any time before. Is it free of vandalism? No it’s not, but there is no sudden flare up or a sense that there’s anything worse than what we’ve seen before.

President Greenbaum: Okay, we were still going to look into putting in some video cameras up there.

Mr. Sohl: Yes, that’s…I’m not sure.

President Greenbaum: Are we going to get a presentation on that at some point in time?

Mr. Sohl: We’ll look into that, I haven’t talked to Scott yet about that.

President Greenbaum: I’m going to list it again for thirty days. Mrs. Labow, then Mr. Rattner.

Mrs. Labow: Bill, over at the B&H property next to Morris Chase, Eagle Scout Nicholas Cleirbaut had built trails over there. He had put up five trail head signs, put an extensive amount of work into this, and the first thing that had happened was Toll Brothers had crossed through the path and ripped it up to put in some lines. They were told that they were going to fix it, and that never happened yet. Then in the meantime some vandals had destroyed the other signs, and about a month ago Toll Brothers had actually knocked over the last one. So there is vandalism going on over there.

Mr. Sohl: That’s not vandalism, that’s just…

Mrs. Labow: Some of the signs were vandals. Some of the kids had ripped up, had destroyed the signs.

Mr. Sohl: That’s part of it, but the Toll Brothers is just obviously being careless.

Mrs. Labow: Exactly, so is there any way that we can have that taken care of? The signs?

Mr. Sohl: Give me a description in an e-mail so I know, rather that trying to capture it all on notes.

Mrs. Labow: Okay, I’ll send it to you.

Mr. Sohl: Thank you.

Mrs. Labow: Thank you.

President Greenbaum: Thank you. Okay I’m going to list thirty days for cameras up at Turkey Brook. Mr. Rattner?

Mr. Rattner: Yes, I keep hearing, and I understand what you’re saying about, you know, the vandalism might not be that bad, but I know that the dispatch system that we have in the Police Department we can get something for the last year, all the calls for vandalism at our Parks. Can we get a report on it? Just so we can see what kind of vandalism we’re talking about.

Mr. Sohl: I mean, I asked the Chief, it wasn’t just…

Mr. Rattner: Yes. No…

President Greenbaum: It’s not that. Mr. Rattner’s making a specific request that Council be updated in terms of any acts of vandalism at Turkey Brook or Flanders Park.

Mr. Sohl: Okay, fair enough.

Mr. Rattner: Well, we also have this system that we’re paying for we might as well see if it works.

Mayor Scapicchio: What period of time would you like that?

President Greenbaum: As an ongoing…

Mr. Sohl: Going forward? Or in the past?

Mr. Rattner: No, I’d like to go backwards at least to find out. Some people say we have a lot …

President Greenbaum: What period of time Steve do you want?

Mr. Rattner: Let’s just say twelve months, it’s probably not hard.

Mayor Scapicchio: The last twelve months?

Mr. Rattner: Yes.

Mayor Scapicchio: Okay.

Mrs. Labow: But do we want to stop at just those two Parks? Or do we want to just…?

Mr. Rattner: All the Parks. We can say all the Parks.

Mrs. Labow: All the public property.

Mr. Sohl: Vandalism on…

Mr. Rattner: On public property.

Mrs. Labow: On public property.

Mr. Tobey: I thought the focus was on Turkey Brook though.

Mr. Sohl: Yes, so did I.

Mrs. Labow: Yes, but there’s other…

President Greenbaum: Yes, well I don’t think that there’s very much to report on, on the other properties.

Mr. Rattner: Yes, if it’s pressing a couple buttons.

Mr. Sohl: I’m not sure it’s that easy.

Mrs. Labow: Okay.

Mr. Rattner: If it isn’t then we’ll come back to it because I don’t want him to spend a lot of time.

Mrs. Labow: Only if it’s easy.

Mr. Sohl: Okay, we don’t need them listening to tapes over the last…

Green Model

Mr. Tobey: Yes, I came across an article on this topic, and I know it’s something that we had discussed at a previous meeting. It’s something that I think we should consider, and support by Resolution. It’s good for the community, it’s good for the Township, it’s good for the environment and quite frankly, it’s something that I tied in directly to what we’ve accomplished on the Solid Waste Advisory Committee with our recycling efforts and all. I think it goes hand in hand to some extent.

President Greenbaum: I would ask that you contact Mr. Dorsey to get the appropriate Resolution drafted.

Mrs. Labow: Is that the same Resolution that Ray wanted?

President Greenbaum: Different.

Mrs. Labow: It’s a different kind?

President Greenbaum: Slightly, it’s the same, it goes along the same lines.

Mrs. Labow: Same concept but a little bit…

President Greenbaum: Ray’s dealt mostly with new construction, building.

Mrs. Labow: New construction, yes.

President Greenbaum: This is a more general proposition.

Mrs. Labow: The whole Green thing, yes.

President Greenbaum: Alright, Phil. You’ll follow up with Mr. Dorsey?

Mr. Tobey: Yes.

President Greenbaum: The best time to reach Mr. Dorsey is at 7:00 in the morning.

Mr. Tobey: He’s usually not up then.

Mr. Rattner: When he was younger it was 6:00 in the morning.

President Greenbaum: Yes that was a couple years ago. Alright, any other Old Business? Any New Business?

NEW BUSINESS

LEGAL MATTERS

Mr. Dorsey: Yes, let me cover a couple of things. At the last meeting we discussed the fact that we seemed to all want a meeting with the BPU relative to the issue of a franchise with Applied Water, and I had Walter Reinhard set that up. It’s set for July 10th at 10:00 a.m. at the BPU Headquarters at, what is it, Gateway II in Newark. It’s going to be with the head of the Water Division, and her Chief Counsel, a fellow by the name of Joe Korilos who has been very helpful. So, Mr. Perkins and I and Mr. Reinhart are listed. If there is anybody else who wants to go and wants to be there, let me know and we’ll get you listed for that field trip. Earlier this week the ARD / Toll Brothers tax appeal came on before the County Board. I was a little surprised but Peter Ablis, is it Ablis?

Mrs. Lashway: Pete Alles.

Mr. Dorsey: Alles, from Toll Brothers came to testify on behalf of ARD and to attempt to supply information to undercut our appraisals, but we had their appeal dismissed. I supposed that ARD is simply going to appeal this dismissal as well as any other tax matter that’s pending. I have to tell you that Mr. Rattner did a very good job at the Dattolo deposition. I couldn’t believe this, but after six hours of answering questions even Mr. Rattner got tired. We’ve always assumed he could go on until midnight, but about 4:00 he really started to get tongue-tied. He did a great job and he’s got another day to go so he gets another chance. Lisa has been absolutely great in this extended litigation. She’s managed to…well it’s kind of amusing. Mr. Rattner has put in front of him a form that shows we’re disposing files and he has Lisa disposing all kinds of litigation files. Of course it’s not true, but they’re going to have to wait until tomorrow to find that out when they take Lisa’s deposition. Lisa’s been great in terms of research and Mr. Rattner was really good and very, very helpful. Of course on Oakwood Garden I got your $47,000 but Mr. Rattner denied me a contingency fee. He just keeps on needling me no matter what I do for the Township, but you know, such is life. We’ll go on and make it up some other day. Okay, I think that’s it. So if anyone else wants to go, anybody else on the Council or the Mayor wants to go on the 10th let me know so we can have the right body count.

President Greenbaum: Thank you. Council Reports?

COUNCIL REPORTS

Recreation Liaison Report

Mr. Tobey: The Recreation Committee, the boiled down responses, they are in favor of the signs and they have asked for the Council to consider it further. That’s the boiled down situation.

President Greenbaum: Okay, Mr. Dorsey we’re going to need a Resolution from you.

Mrs. Labow: What format of signs, though? What did they decide on?

Mr. Tobey: They’re just recommending it to us to continue considering it.

Mrs. Labow: Oh.

Mr. Buell: But where? One of my concerns is that we are talking Turkey Brook, Flanders, Dan Jordan, Russ Nagle.

Mr. Tobey: The discussion was simply on Russ Nagle, and that’s what we were waiting on a recommendation from them, and they provided the recommendation.

President Greenbaum: I think that I’m going to ask Mr. Dorsey to prepare a Resolution that will allow for signs to be placed on all fields, because you cannot just put them on one field. So, all fields to be approved prior to placement, prior to, by buildings and grounds in terms of conformity with…I don’t know what. I’ll ask Mr. Dorsey to prepare something so that the signs are of uniform size and color.

Mr. Tepper: There was a proposal put together two years back to the Recreation Committee that recommended the dimensions and what they would look like.

President Greenbaum: Can you get that to Mr. Dorsey?

Mr. Tepper: We’ll find out.

Mr. Tobey: Excuse me, that was recently distributed. It was brought back and I believe everybody, correct me if I’m wrong, got copies of that e-mail where it was sent out. It was specific dimensions, it was controlled so to speak and that’s why the Committee said, you know what, there’s some safeguards to it. We recommend it, and consider it further.

President Greenbaum: Well, we’re going to do it for all of the different facilities, sporting facilities that we have and it’s going to be on for Workshop.

Mr. Sohl: Phil would you provide a copy to John?

Mr. Tobey: Sure.

President Greenbaum: Just get it to John. I don’t think we need further discussion on this because we’re not by any means approving this, except to put it on for further discussion at the next Workshop. Mr. Rattner?

Mr. Rattner: I think the Administration has to talk to some of their department heads because looking at the different fields, I believe the baseball fields at Turkey Brook have windscreens which would make it impossible, or would damage it to try to put signs on the fence because of the way they’re put on. So I think part of what they have to do is sit down with their buildings and grounds and whoever has to and see what is workable. There are probably inappropriate places to put signs, let’s say on the soccer fields, where it would block the view of the field from the road, because then there’s security. You know, there’s a lot of different things like that and I think that probably the different departments and the people doing the maintenance would have quite a bit of input.

President Greenbaum: Well I think it would have to, any sign that’s being put up would have to be approved by buildings and grounds in terms of safety, and appropriateness in light of the facility in which it’s being sought to be placed.

Mr. Sohl: I’ll have, if this is going to be scheduled for the July 10th thing…

President Greenbaum: Is July 10th a Workshop?

Mrs. Lashway: Yes, Workshop and Public Meeting.

President Greenbaum: Yes, July 10th.

Mr. Sohl: Then I’ll have Jim Lynch here.

Mr. Rattner: Well I think to have the recommendation, you can answer the questions but I think when we sit down we should already have the recommendation…

Mr. Sohl: Well you’ve got the recommendation from the Baseball Association.

Mr. Rattner: No, it’s from the Administration, that’s the Advisory.

President Greenbaum: No, it is going to be a Resolution and it’s going to be on the Workshop so we can, I agree that Mr. Lynch should be here so that we can get all of the questions on the floor so that we can get a Resolution in place that covers all of the issues that are going to be identified. We can act on it if that’s what Council wants to do at the Public Meeting on the 17th.

Mr. Sohl: The 10th.

President Greenbaum: No, the 10th is a Workshop.

Mr. Sohl: The 10th is a Public Meeting too.

Mrs. Lashway: No, the 10th is a Workshop and Public Meeting.

President Greenbaum: Oh, we’re not going to be adopting it on the 17th, on the 10th.

Mr. Sohl: That’s fine.

President Greenbaum: We will discuss it at the Work Shop on the 10th, and we will place it on the next Public Meeting subsequent to the 10th…

Mr. Sohl: Which would be the 24th.

President Greenbaum: …in the form where the issues have been identified because it has not been flushed out enough at this point to discuss it on the 10th and adopt it on the 10th. Alright.

Mr. Sohl: No problem.

Mrs. Labow: We’re on summer schedule then too, right?

President Greenbaum: Whenever it is, I mean, there’s not a rush. You’re talking about a policy decision here and we’re moving it along in due course. We’ll discuss it on the 10th, and get it in a form that we can vote on it so that everyone has had a chance to identify the issues, and resolve all the issues. If, in fact, all the issues have not been resolved in the meeting, the Public Meeting following the 10th, then we’ll carry it to the next Public Meeting until we get it in a form that we’re happy with. We only meet once a week, so that’s the only opportunity we have to flush out the issues. Colleen?

Mrs. Labow: I just want to ask Mr. Tobey did they discuss who would get the revenues for the signs?

Mr. Tobey: Well that’s one of the things. The revenue should be directed to the Town, and hopefully the Recreation Department is going to be the recipient of that, and it’s going to be additional funds to go out to the various organizations, so that’s one of the reasons…

President Greenbaum: So rather than to the sporting organizations, it’s going to go to the Township to be distributed, to be set aside for use by the Recreation Department?

Mr. Tobey: If that’s…

President Greenbaum: That’s the recommendation? Are we going to get something in writing from the Recreation Committee?

Mr. Tepper: I’d like to see that, because that was not conveyed necessarily by the sporting associations that that was their logic.

President Greenbaum: Okay, well I’d like to get something from the Recreation.

Mrs. Labow: Now the next question is does it go into the Recreation Utility, or to the Recreation Department?

President Greenbaum: Well, it wouldn’t go into the Recreation Utility because it’s not a, the Recreation Utility is a collection of fees to be used as against expenses. It’s not really, we’re not collecting fees that are directly related to a particular activity. In other words, it’s not like the ski trip. It should go to the general budget to be earmarked toward the Recreation for Recreation use. Mr. Sohl?

Mr. Sohl: Yes, I just ask also if there’s any legal constraints relative to the signage. What might be allowed to be on the signs? What might not be allowed on the signs?

President Greenbaum: That’s a whole separate issue.

Mr. Buell: It’s a big issue.

President Greenbaum: It’s going to have to be discussed at the Work Shop.

Mr. Sohl: Well I agree, but I just wanted to pose that as an issue that perhaps Mr. Dorsey…

President Greenbaum: I think that once you allow the signs you’re going down that slippery slope that, you know, who makes the decision as to what’s offensive? The Recreation Department?

Mr. Tobey: That’s the purpose of the Work Shop. There’s a lot of issues that go along with that.

President Greenbaum: I agree. We’ll pick it up on the 10th. Anything else out of the Recreation Committee?

Mr. Tobey: That’s all.

Board of Health Report

Mrs. Labow: We met on Wednesday and it was a rather regular, normal meeting. The only issue of concern that did come up was having trouble getting Oakwood Village to pay us. We were discussing our options at that point and hopefully within the next week or so they will have paid for all of their inspections. That was it.

Mr. Dorsey: Just send it over to me for collection.

Mrs. Labow: Okay, any percentage we have to pay for collection?

Mr. Dorsey: It helps. The recovery would have been $100,000 if Mr. Rattner hadn’t denied me my contingency.

President Greenbaum: Planning Board please.

Mr. Rattner: But what will we net after your fees?

President Greenbaum: Planning Board. We’re still in the negative, Steve.

Planning Board Report

Mr. Tepper: There were two items that were discussed. One of which we received the cover sheet to the amendment to the land use plan elements 2003 Master Plan was presented to all the members for review. The second was that the Ordinance Committee presented a proposed Ordinance for the docks, and that will be forwarded to Council with a recommendation for approval.

President Greenbaum: Thank you. Board of Adjustment, Mr. Perkins?

Board of Adjustment Liaison Report

Mr. Perkins: Thank you Mr. President. Business as usual. Mr. Hashemi for the Meineke was carried until the 20th of August.

Open Space Committee Report

Mrs. Labow: We had discussed three possibilities to submit to the County for our costs for our grants this year. At the meeting, we did come up with three properties that we were very happy with and hopefully we can move forward. There was some research that Kathy Murphy was going to do before we move forward. Our deadline, I think it’s the end of, coming up either the beginning of July or the end of July, so we’re trying to move forward with that and get that in place. That was about it.

Legislative Committee Report

Mr. Buell: No report.

Pride Committee Liaison Report

Mr. Perkins: No report Mr. President.

Board of Education Liaison Report

Mr. Buell: It met last night and the only thing really of major interest to us was that they had the School Resource Officers’ report at the Board of Education meeting. They also presented a partial listing of a questionnaire that was circulated among the teachers at both the High School and the Middle School requesting their input as to the value of the program. The teachers found almost unanimously that the program was a very beneficial program and they wanted it to continue. One of the interesting things that our Police Department is talking about with the Board of Education, is moving on, is a four hour driver training program called Live to be 25. Basically they’re thinking about tying that to the privilege of parking in the parking lot. It’ll be a four hour program for the kids, and one hour for parents. Unless they have completed that they won’t be able to be lotteried in. Other than that the Board of Education is still looking to measure this program, measure the value of the program. I think at some point in time we should also add the report from the Resource Officers in terms of the program.

President Greenbaum: We did have a report from them several weeks back.

Mr. Sohl: Yes we did.

President Greenbaum: And you know what, we’re not really in a position other than through, we’re not there on a daily basis to evaluate the significance of the program. It really is a School Board issue, other than to get the word from the Police Officers who are employees of the Township. Mr. Sohl?

Mr. Sohl: Yes and today I forwarded to you several e-mails in a single e-mail with laudatory comments relative to, from several of the Board of Education members.

President Greenbaum: Yes, but again they’re not there on a daily basis either. I think that the real…

Mr. Sohl: No, but they’re closest to the feedback.

President Greenbaum: Yes, but the proof is really what the teachers are seeing from my perspective. What the teachers and the janitors are seeing.

Mrs. Labow: And the students.

President Greenbaum: And if the feedback from the teachers is that they are seeing some, the real value of the program it’s hard to pick a contrary position. Lake Committee, Mr. Rattner?

Lake/Environment Issues Committee

Mr. Rattner: In relation to the Lake Committee, my frustrations with the degradation of the Lake both from natural and unnatural means got the best of me and I made an appointment with Rodney Frelinghuysen’s legislative office in Washington trying to get meetings with the EPA. I went down last Thursday and they’ve agreed that they need a certain amount of information. His Chief of Staff will bring what I can put together to the EPA for two things. One, if there is any damage from silt, runoff or anything else that the parties responsible Mr. Rattner (cont’d): pay for reclamation. Secondly is to see if there are any other areas because most of the areas we used in the past, the funding is not available since the Raritan River is such an important water source for both drinking water, trout production, and so on, and with the Lake being the headwaters of it. So I don’t know where it’s going, but when I try something I usually do a shotgun approach so I figured I’d go drive down there and try to go to the source. They did spend quite a bit of time, the better part of the day with me, so they are taking it seriously. So hopefully that will be another avenue which we’ll be investigating.

President Greenbaum: Thank you Mr. Rattner. Safety Committee Mr. Perkins.

Safety Committee Liaison

Mr. Perkins: Yes Mr. President we had a brief meeting last night. It was only attended by both Flanders and Budd Lake Fire. The foam is working out well, they’ve had some experimentation with Type A and Type B foams just to make sure that they’re coordinated between the two Squads. I asked about the working relationship with the Budd Lake First Aid and Rescue Squad, they’re having some ICS, some Instrument Command Training going on with Budd Lake Fire as well as Budd Lake Rescue and First Aid. Other than that the calls have all been answered without any headaches. That’s it.

Finance Committee Report

Mr. Rattner: Nothing to report.

President Greenbaum: Are you going to follow up on that issue that was assigned to the Finance Committee which was the central purchasing issue?

Mr. Rattner: Yes. Central, or was it also Joint Services?

President Greenbaum: It’s both.

Mr. Rattner: Yes.

Economic Development Committee Report

Mr. Rattner: The meeting was moved to last Saturday. I was not in town on Saturday and I have not gotten a report from the Committee. I know they did meet, so I’ll report on that at the next meeting.

President Greenbaum: Okay, thank you.

Solid Waste Advisory Committee Report

Mrs. Labow: We had to cancel our meeting because Tim Quinn, last minute, was not available due to family obligations. We chose to cancel it because he was the key person we needed to ask questions of, so we’ll be meeting next month.

Library Board Liaison

Mr. Tepper: Nothing of significance to report.

PUBLIC PORTION

President Greenbaum: Anyone from the public who wishes to be heard? Do you want to come up to the podium? Again you just have to state your name and address.

Cheryl Goodwin, 368 Drakestown Road: I read definitions in the Code prior to last week’s meeting on basements and cellars which in every other source I’ve read are considered synonymous terms. The Code definitions in Mount Olive Code were written in the 1978 Code, and I would just like to confirm that it was the intention of the Council to write the definitions in such a way that both the basements and cellars are mutually exclusive.

President Greenbaum: I don’t understand your questions.

Mrs. Goodwin: Well, I presumed… I read the definition from Webster’s…

President Greenbaum: Right.

Mrs. Goodwin: …a basement as being partly or wholly underground. I did, I believe, I alluded to the definition in the Code of cellar because I believed that there was a typo and an error in the Code that does date to 1978. I don’t think that any storey of a home can be both at least half above ground, and at least half below ground. I don’t think that’s possible. I don’t think the ceiling can be more than four feet six inches above grade and more than, and less than four feet six inches. I mean these are literally, because of a difference of one or two words, these definitions that I have, in one place it’s quoted, “Basement – a storey before which is below grade, the ceiling of which is not less than four feet six inches, not less than above grade.” And the cellar is in the same thing defined, “a storey of the floor which is below grade, and the ceiling of which is less than four feet six inches above grade.” So in one, cellar is defined as being four feet, less than four, a ceiling less than four feet six inches above grade, and in another place, and basement is defined as being the ceiling not less than four feet.

President Greenbaum: Yes.

Mrs. Goodwin: I would like to know if in 1978 in fact, which is when this came from, as I said when I read them I presumed there was a typo here and that Mount Olive was not in some sort of vanguard of, defining them as different things, and defining them in a mutually exclusive fashion.

President Greenbaum: Are you asking us whether in 1978, when this was adopted, whether or not it was the intent of the Council to define the terms?

Mrs. Goodwin: Well I’m asking if it’s the intent now, because…

President Greenbaum: We don’t… the Ordinance is what the Ordinance is. Mr. Tepper?

Mr. Tepper: This was discussed at the Planning Board meeting and I know there was some great discussion with Gene as to what the definitions were, and what the Code was and I believe that he presented some documents. I would recommend that if there is any issue, and clarification be required, that we ask Gene to work through the Planning Board, and clearly define, and if need be provide a recommendation to adjust the Code to ensure that we have a clear understanding. Gene’s opinion was that the Code was met. I know that you did not necessarily agree with that, but his recommendation at the Planning Board meeting was that Code had been met. So I think clarification is necessary in order to make sure that we all have the same understanding of what words mean and definitions, but I believe that that is best done through our Planning Official. So I’d ask, Gene is already working right now. He’s been told to work through and look at the Ordinance and make a recommendation whether we need to have it revised.

President Greenbaum: Does anyone from Council have anything else to offer on this issue? Mrs. Goodwin we’re going to ask that this issue be looked at through Gene Buczynski and the Planning Board. Mr. Tepper, you’ll raise the distinction that Mrs. Goodwin has brought to our attention, and to determine whether or not a recommendation needs to be made to Council to amend the definition included in the Ordinance.

Mrs. Goodwin: In fact, I think it makes a difference between whether the homes being constructed next to my property would have, might have required a variance or not. That’s a pretty big difference.

President Greenbaum: Can you have someone from the Planning Board alert Mrs. Goodwin as to when this issue is going to be addressed at the Planning Board?

Mr. Tepper: Yes. We’ll have Catherine contact her.

President Greenbaum: Thank you.

Mrs. Goodwin: The other issue is that most towns address maximum number of stories, and Mount Olive has only…

Mr. Tepper: We have 35 feet as the height.

Mrs. Goodwin: Yes, and most towns define a maximum height and a maximum number of stories is my understanding. The only allusion to number of stories here is garden apartments can be a maximum of two stories, and in commercial zones there’s a reference to buildings of no more than two stories. I think it would help if Mount Olive followed this and did, again it makes a difference in terms of the issue of the homes being put next to us. The only difference between them being three storey homes and the two storey homes is one cinderblock wall in the front, and dirt that has been trucked in from other sites because nothing was excavated Mrs. Goodwin (cont’d): so none of the dirt is indigenous to that site. So the only difference is that one cinderblock wall and dirt brought in from elsewhere, and you know, that doesn’t…

Mr. Tepper: I believe the discussion that Gene had on that, disagreed with that. He stated that the grade had not been changed, and the fact that the front wall is, it goes back to your definition issue, but if the basement is
partially underground it doesn’t count as a storey from the back, and your issue is that if it doesn’t count from the back it changes the whole thing. It has to do with the definition and our Planning Official has told us that it is compliant with the Ordinance as it stands now.

President Greenbaum: Well, that’s not what Mrs. Goodwin’s point is though. Mrs. Goodwin’s point is whether or not it complies with the Ordinance as now comprised. Does the Ordinance need to be changed so that this type of situation doesn’t occur again?

Mr. Tepper: That part I’ll agree with, but I think what Mrs. Goodwin is asking is would it not have required a variance? We have asked that it be looked at so as to prevent this from repeating itself, but it is not going to resolve the situation of the construction right now, and prevent construction of those homes.

President Greenbaum: No, I think Mrs. Goodwin has already come to the conclusion that those houses are being built. When Mrs. Goodwin first came to us she said I have identified a problem based upon my own personal experiences, and I’d like to see, and I’m a realist and understand…

Mr. Tepper: Agreed.

President Greenbaum: …that under the circumstances those houses are getting built but I’m not happy about it and I’ve been damaged by it. Nonetheless, let’s take a look and see whether or not the Ordinances need to be changed. She is now proposing…

Mr. Tepper: That 35 foot was addressed as part of the same discussion as to how it was defined in the stories as to being measured.

President Greenbaum: Well, the discussion now has turned to, do we need to revise the Ordinance to take out the 35 feet and to include, to take it out or to modify it to include an additional provision which discusses the amount of stories which can be built on a residential dwelling? And how do you define stories? That’s the issue that Mrs. Goodwin is adding at this point.

Mr. Tepper: I understand that. That was also discussed extensively, and the same issue. Does the definition need to be clarified to include the number of stories in addition to the 35 feet? Gene was going to come back with a recommendation on that as well.

President Greenbaum: Okay.

Mr. Tepper: But I will note that as well.

President Greenbaum: Thank you.

Mrs. Goodwin: You are correct and thank you for clarifying, but the definitions of basement and cellar really upset me because I really don’t think Mount Olive intended for it to be a basement at least half above ground, and it really does make a difference in this case. Another topic, there’s two things that I’d like to say. One is with respect to your change in recycling rules, that with the paper recycling and being able to mix them that I think that was a great move. We recycle more than we put out in garbage, and that actually simplifies life. I’d also like to say that, at least, I’m not sure why, with respect to the Engineer, I don’t seem to get clear answers to whatever, it seems to go off in other directions. I have to say that everyone else in this town, the Township Clerk, the Road Department with the issue at the bottom of our driveway, the Planning and Zoning Board secretaries and Catherine have all been extremely helpful and extremely courteous and more than pleasant and I’d say congratulations to the Township on having a lot of really excellent workers.

President Greenbaum: Thank you, and I’ll make sure that you’re alerted as to when this discussion comes up before the Planning Board. Thank you. Anyone else from the public who wishes to be heard? Seeing, none I close it to the public. We’re going to do final Comments, and then we’re going to go into Executive Session to discuss the Foote Litigation. Not right now, we’re going to do final Comments first. Anything tonight, Mrs. CFO?

COUNCIL COMMENTS

Mrs. Jenkins: No.

President Greenbaum: Nothing from Mrs. Jenkins. Mr. Sohl?

Mr. Sohl: No.

President Greenbaum: Mayor?

Mayor Scapicchio: Just one point. At the Dare graduation that Mr. Perkins and I attended on Saturday morning.

President Greenbaum: Eagle Scout presentations?

Mrs. Labow: Eagle Scout.

Mayor Scapicchio: Eagle Scout, I’m sorry. We spoke to one of the Mount Olive Police Officers that was there, who informed us that there are more SLAP workers than SLAP programs, in terms of workload. They’re actually looking for projects to work on. First thing that came to my mind, and I spoke to Bill, was the cleaning up of that Lake. All we need to do is supply supervision for the day, and the Sheriff’s Department will supply the workers.

President Greenbaum: Good deal.

Mayor Scapicchio: So Bill is going to look into that and try to set that up, probably through the Lake Committee once he gets back from vacation.

President Greenbaum: Good deal. Mr. Tepper?

Mr. Tepper: My only comment would be to congratulate Mr. Dorsey on resolving Oakwood Village and collecting $47,000.

Mr. Dorsey: Thank you.

President Greenbaum: Mr. Buell? Despite Mr. Rattner.

Mr. Tepper: In spite of Steve.

Mr. Buell: None tonight.

Mr. Tobey: I’d like to wish everyone an enjoyable and safe upcoming holiday.

President Greenbaum: Mrs. Labow?

Mrs. Labow: I just want to wish everybody a safe and Happy Fourth of July and wish Council President Greenbaum a very Happy Birthday, and I’m glad you’re taking your fireworks out of town this year.

President Greenbaum: Mr. Perkins?

Mr. Perkins: Thank you Mr. President. I’d like to congratulate the Mayor for being proactive and looking at the SLAP to help, hopefully somewhat alleviate the potencies problem with weeds down at the Lake. It is something that’s free to us, and the Mayor has seen fit to take advantage of that. I’d like to congratulate him on that, and wish everybody a healthy and Happy Fourth of July.

President Greenbaum: Mr. Rattner.

Mr. Rattner: I stopped by the beach yesterday, it opened last weekend. It’s in exceptional shape. It looks better every year, and this year it looks better than it did last year. So that is in tremendous shape and which is a credit to the staff. The tour of the Seward House today, there aren’t too many government projects that you can say, “Gee that looks better than I expected,” and we got more value than we expected, than what I expected to see. The amount of work, both with the people that we had a contract with and our own people, I think is extraordinary. The House just looks so different. It now looks like it’s something that can be accomplished, where I think last year when people saw the condition of the House, they were saying, “This thing looks like it could come down at any second.” I think that’s really through the Administration with the Historic Society, Kathy Murphy, they are really doing a phenomenal job on something that could be a gem in the future.

President Greenbaum: Thank you. Mr. Dorsey, anything?

Mr. Dorsey: No, I wish everyone a Happy Fourth of July.

President Greenbaum: Mrs. Lashway?

Mrs. Lashway: Happy Fourth of July.
President Greenbaum: Okay, I don’t have anything this evening. I’m going to ask Mr. Perkins to please make a motion to go into executive session to discuss the Foote Litigation.

Mr. Perkins: According to Sections 7 & 8 of the Open Public Meetings Act, I make a motion that we move into Executive Session for the purpose of discussing Foote Litigation

President Greenbaum: Is there a second?

Mr. Rattner: Second.

AYE

Executive Session – Foote Litigation

ADJOURNMENT

Motion was made and seconded, all in favor and none opposed, the meeting was adjourned at 7:59 pm.

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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 August 7, 2007.

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Lisa M. Lashway, Township Clerk