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Mt. Olive
Township Council Minutes
March 13, 2007
Regular Public Meeting of the Mount Olive Township Council
was called to Order at 7:32 pm by Council President Greenbaum
with the Pledge of Allegiance.
PLEDGE OF ALLEGIANCE & MOMENT OF REFLECTION for all
those who have and continue to protect our freedoms and
our way of life.
OPEN PUBLIC MEETINGS ACT ANNOUNCEMENT
According to the Open Public Meetings Act, adequate notice
of this meeting has been given to the Mount Olive Chronicle.
Notice has been posted at the Municipal Building, 204
Flanders-Drakestown Road, Mount Olive Township, New Jersey
and notices were sent to those requesting the same.
ROLL CALL Present: Mr. Buell, Mr. Rattner, Mrs. Labow,
Mr. Tepper, Mr. Perkins, Mr. Tobey,
Mr. Greenbaum
Absent: None
Also Present: David Scapicchio, Mayor; William Sohl,
Business Administrator;
John Dorsey, Township Attorney; Lisa Lashway, Township Clerk
President Greenbaum: This evening it’s the Council’s
proud duty with respect to:
1. Resolution of the Township Council of the Township
of Mount Olive Commemorating the 50th Anniversary of the
Mount Olive Junior Marauders.
President Greenbaum: Mr. Tobey, do you want to move that
for approval please? Just move it for approval.
Mr. Tobey: I move it.
President Greenbaum: Is there a second?
Mr. Buell: Second.
President Greenbaum: Is there anyone from the public who
wishes to be heard on this resolution? We will give you
an opportunity later, if there is anyone? Mr. Tobey, do
you want to go up to the podium?
Mr. Tobey: Absolutely.
President Greenbaum: I don’t know if Mr. Hall, Mr.
Weiss, or anyone else who wants to join them up there.
Mr. Tobey: Good evening everyone. Tonight we are commemorating
the 50th Anniversary of the Junior Marauders. Before I
read the resolution, as some of you know my son plays and
has played for the past three years and when I go to these
practices and see the kids lined up and the coaches, it’s
fantastic. Congratulations to everyone.
RESOLUTION OF THE TOWNSHIP COUNCIL
OF THE TOWNSHIP OF MOUNT OLIVE COMMEMORATING THE
50TH ANNIVERSARY OF THE MOUNT OLIVE JUNIOR MARAUDERS
WHEREAS, nearly fifty years ago a group of dedicated
citizens began a football club for the youth of Mount Olive,
which at that time was known as the Budd Lake Rams and
which competed against other towns in Morris County; and
WHEREAS, the team consisted of twenty five players and
four assistant coaches and the head coach was Red Van Demark;
and
WHEREAS, in 1974 with the opening of the Mount Olive
High School the club changed its name to the Mount Olive
Junior Marauders and the 2007 season represents the 50th
Anniversary of organized youth football in Mount Olive;
and
WHEREAS, the program has been so successful that the
Mount Olive Junior Marauders entered more than ten teams
in the Morris County football league every year and has
over 200 youthful players in its program; and
WHEREAS, today’s version of the Junior Maruaders
has close to 60 coaches that volunteer their time to help
provide a positive learning experience for young boys and
girls to play football.
NOW, THEREFORE, BE IT RESOLVED by the Township Council
of the Township of Mount Olive, that it wishes to commemorate
the 50th Anniversary of the Mount Olive Junior Marauders
and to thank those citizens who have acted as leaders,
assistant coaches and coaches over the past 50 years for
their dedicated service to the youth of Mount Olive.
Mr. Tobey: Congratulations.
President Greenbaum: Rob, before you speak. I was fortunate
enough to go to a lot of the varsity games this year because
my 13 year old daughter dragged me to the games, and before
that I have gone to a number of different games and I have
several comments about the program itself. First of all,
to the coaches, what a dedicated group of people who put
in incredible hours. I would say hours which compare to
the timeframe if not exceed the timeframe that we as Council
people put in on behalf of the Township and do it on behalf
of kids that range in age from the little kids who play
flag football through the eighth graders who then get turned
over to the High School program. To the kids it’s
incredible to watch as they develop from the youngest kids
in the flag program to see the speed at which the game
is played at the varsity level and then to watch them go
on to the High School level. I know I speak on behalf of
the entire Council in congratulating you, all of the people
who participate in the Marauder football program, whether
they are coaches or actual participants and also all those
who have participated in the past and have graduated from
the program. I have already spoken to Howie Weiss about
participating on behalf of the Council in commemorating
the 50th Anniversary as we move forward to try to raise
additional funds for the program to take it to the next
level. So anything that I can do and I know I speak on
behalf of the entire Town Council, as well as the Mayor
and the Administration, whatever we can do to help you
in your fundraising efforts to move the program to the
next level please do not hesitate. We will be more than
happy to help.
Mr. Hall: Thank you very much. On behalf of the Mount
Olive Junior Marauders, I want to say thank you to the
Town Council, to the Mayor and to the Administration for
helping us organize and celebrate our 50th Anniversary.
Junior Marauder history is Mount Olive history and we have
a unique opportunity to accomplish a couple of things.
One is to recognize and to be proud of the football playing
tradition that has been established in Mount Olive for
the last five decades. The other thing is to try to make
sure that the memory of an era is not lost and I have to
tell you on that note the publicity that we’ve had,
particularly about tonight, has generated several people
who have come to me and wanted to talk about their history,
about their stories. One gentleman in particular, Mr. Rick
Duda, who called me yesterday after he saw our article
in the paper on Sunday and explained to me that his brother,
Bob Duda, played on the first team in 1957. He was the
quarterback of the team. He went on to name every guy that
played on the team, every guy that coached on a team, where
they are now, what they did, how long they stayed in Mount
Olive. It was the kind of thing, I could have listened
to him talk all night. That kind of living history has
to be shared with as many people as we can, and that is
one of the things that we are going to try to do. So our
celebration is going to continue over the next couple of
months and once our season starts we are going to have
some special events commemorating it. The pinnacle, the
highlight of it will be at our annual pep rally on August
31st over at Turkey Brook Park where we are going to try
to have as many historical Junior Marauders take place
in the festivities that day. We are going to have them
come out on the field and introduce them and have them
throw out the ceremonial balls. So that is what we are
going to work towards as the pinnacle of our celebration.
One quick note of irony about that, our annual pep rally
proceeds our trophy game that we play every year against
the Lenape Patriots from Netcong and what Rick Duda told
me was that the first year in 1957 the Budd Lake Rams played
the Netcong Packard Giants, Netcong Giants for the championship
that year. So fifty years later, not just our town but
all around, yes things change but some things stay constant
and playing football has been one of them. Again, thank
you very much in helping us in recognizing and celebrating
this anniversary. What I am going to ask Howie Weiss to
do is we are going to unveil our special edition fifty
year logos that hopefully you will see from now until September
just about everywhere you go in Mount Olive. Drum roll?
President Greenbaum: I can bang the gavel if you want?
Mr. Tepper: Excellent.
President Greenbaum: Very nice, I would hang that in my
house.
Mr. Hall: Howie, can you raise the other one?
Mr. Rattner: I like it.
President Greenbaum: Those are beautiful.
Mr. Hall: Again, thank you very much in helping us memorialize
this.
Clapping…
President Greenbaum: At this point I would open it up
to anyone else from the audience who had anything they
wanted to say. If not, I will turn it over to the rest
of the Council for any comments. Seeing no one from the
audience. Anyone from Council?
Mr. Perkins: Thank you, Mr. President. My son was fortunate
enough to go through the program. Mr. Weiss was around.
God, I remember the years as I often joked around about
turning the headlights on so the kids could continue to
play a little bit longer. The uniforms that were handed
down year after year, Howie was able to secure better uniforms
for us over the years. It’s hard to imagine now that
my son is 18 and has been all the way through the program
as well as the High School. The dedication of the staff,
the coaches, you guys are really what helped these children
get to where they are. The representation of the Township
is phenomenal. What they bring to us is a sense of pride
that I could probably never bring to this Township. On
behalf of myself and my family, we want to thank you guys
for all your dedication. Thank you, Mr. President.
President Greenbaum: Thank you. Anyone else? Roll Call
please.
ROLL CALL: Passed Unanimously
President Greenbaum: We are going to take a five minute
recess. There are refreshments that the Football Club has
in the cafeteria. So we will take five minutes and then
we will reconvene at ten of eight.
Questions on Bill List?
President Greenbaum: Calling the meeting back to order.
Moving on with the Agenda. Does anyone have any questions
on the Bill List that they would like to raise at this
point in time?
Mr. Rattner: I just have one comment. I thought it was
interesting that our training for cops is being given by
Jerry Lewis.
President Greenbaum: Okay. Any other questions on the
Bill List? Moving on, Approval of Minutes of prior meetings.
APPROVAL OF MINUTES OF PREVIOUS MEETINGS
March 6, 2007 Special PM – All present
March 6, 2007 WS – All present
Mr. Buell: I move the Minutes for the March 6th Special
Meeting and the March 6th Workshop.
Mr. Perkins: Second.
President Greenbaum: Moved and seconded. Any corrections,
deletions, comments? Seeing none. Roll Call.
ROLL CALL: Passed Unanimously
CORRESPONDENCE
LETTERS FROM RESIDENTS / ORGANIZATIONS
1. Letter received February 26, 2007, from Kiwanis International
regarding Annual Egg Hunt.
2. Two E-mails received March 2, 2007, from Al Escudero,
regarding JCP & L – Planned Electrical Substation
in Mount Olive.
3. Letter received March 7, 2007, from Richard D. De La
Roche regarding Jeffrey Delvecchio v. Township of Mount
Olive, legal representation.
RESOLUTIONS / ORDINANCES / CORRESPONDENCE OTHER TOWNS
4. Resolution received March 5, 2007, from the Township
of Long Hill regarding Support of Renewal of Garden State
Preservation Trust.
5. Letter received March 5, 2007, from the Borough of
Chester regarding Highlands Regional Master Plan & Protection
Zone.
MISCELLANEOUS
6. Information received March 2, 2007, from New Jersey
Alliance for Action regarding 31st Annual Golf Classic.
7. Information received March 8, 2007, from Alliance for
Action regarding Building Better Hospitals and Assuring
a Healthier New Jersey.
DOT / DEP / LOI / HIGHLANDS
8. Letter received February 26, 2007, from the State of
New Jersey Department of Environmental Protection, regarding
Corrections to Individual Freshwater Wetlands Permit. Applicant:
AIG Baker Real Estate, LLC Block 4100 Lot 114; Block 4105
Lots 1,2, and 4; Block 4300 Lot 9; Block 4301 Lots 16 and
18. (19 Ringenbach Lane, 51-53 International Drive South,
10 Flanders-Netcong Road, 27 Flanders-Netcong Road, 147
Goldmine Road).
9. Letter received February 26, 2007, from the State of
New Jersey, Department of Environmental Protection, regarding
Applicant: Kevin Dorlon, Notice of Technical Incompleteness
for Block 8500, Lot 19 (103 Mine Hill Road).
10. Letter received February 26, 2007, from the State
of New Jersey, Department of Environmental Protection,
regarding an extension of time request, Morris Chase/Morris
Hunt Public Community Water System. Permit Application
No. WCP030003.
11. Letter received February 26, 2007, from the State
of New Jersey, Department of Environmental Protection,
regarding Permit to Construct for NJ Vasa Home Water System.
12. Letter received March 1, 2007, from the State of New
Jersey, Department of Environmental Protection, regarding
Ralph and Christina Fucci – Closeout Correspondence,
Enforcement Action Block 2300, Lot 1 (25 Stonehouse Road).
13. Letter received March 2, 2007, from the State of New
Jersey, Department of Environmental Protection, regarding
Lamtec Corp. Building Addition, Block 6800, Lot 10 (700
Bartley Chester Road).
14. Letter received March 5, 2007, from the State of New
Jersey, Department of Environmental Protection, regarding
entire site, Quest International Flavors and Fragrances,
Inc. – No Further Action and Covenant Not to Sue.
Block 103, Lot 2.04 (400 International Drive).
15. Letter received March 5, 2007, from Princeton Hydro
regarding Proposed Dam Removal – Gruendyke Mill
Dam Block 8500, Lot 21; Block 119, Lot 107 (2 Route 46).
16. Supplemental Data received March 5, 2007, from Malick & Scherer,
P.C. regarding JCP& L Construction of Drakestown Substation,
Revised NJDEP Freshwater Wetlands Permit Application Block
8400, Lot 3 (6 Naughright Road).
17. Information received March 7, 2007, from NJ DOT, NJ
Transit, Port Authority NY & NJ CTA regarding Transaction
2007, America’s Premier State Transportation Conference
and Expo.
18. Letter received March 8, 2007, from the State of New
Jersey, Department of Environmental Protection, regarding
Correction to Individual Freshwater Wetlands Permit. Applicant
Name: AIG Baker Real Estate, LLC Corrections to Individual
Freshwater Wetlands Permit. Applicant: AIG Baker Real Estate,
LLC Block 4100 Lot 114; Block 4105 Lots 1,2, and 4; Block
4300 Lot 9; Block 4301 Lots 16 and 18. (19 Ringenbach Lane,
51-53 International Drive South, 10 Flanders-Netcong Road,
27 Flanders-Netcong Road, 147 Goldmine Road).
19. Public Notice received March 9, 2007, from the State
of New Jersey, Highlands Water Protection and Planning
Council, regarding Public Hearing on the draft Regional
Master Plan.
LEAGUE OF MUNICIPALITIES
20. Letter received March 2, 2007, from the New Jersey
State League of Municipalities regarding Continuing Education
Seminar “Procurement – Moving into 2007.”
21. Letter received March 2, 2007, from the New Jersey
State League of Municipalities regarding Continuing Education
Seminar “Capital Financing and the Bonding Process.”
22. Letter received March 9, 2007, from the New Jersey
State League of Municipalities regarding League Seminar “How
to Handle a Defeated School Budget.”
UTILITIES
23. Fax received February 26, 2007, from Comcast regarding
March Channel Changes/TES HD.
24. Fax received February 28, 2007, from Comcast regarding
Rescheduling of Municipal Breakfast.
25. Letter received March 1, 2007, from Comcast regarding
Channel Changes and Payment increases.
26. Letter received March 5, 2007, from the State of New
Jersey, Board of Public Utilities regarding CSC TKR, Inc.
d/b/a Cablevision of Morris – Application for Renewal
of Municipal Consent Request for Interim Operating Authority.
MORRIS COUNTY
27. Information received February 28, 2007, from the Morris
County Municipal Economic Development Corporation regarding
Morris County Municipal Summit.
28. Information received March 5, 2007, from the Morris
County Chamber of Commerce regarding 4th Annual Morris
County Municipal Summit.
29. Final Equalization Table received March 5, 2007, from
the County of Morris for the year 2007.
30. Minutes of the January 18, 2007, meeting of the Morris
County Planning Board received March 8, 2007.
LEGISLATIVE REPRESENATIVES
31. E-mail received March 2, 2007, from Congressman Frelinghuysen
regarding Travel to Middle East, National Security First
Act Passes House, and House Passes Pell Grant Legislation.
32. E-mail received March 5, 2007, from Congressman Frelinghuysen
regarding Trip to Iraq.
President Greenbaum: There are 32 pieces of Correspondence
on the amended Agenda. Does anyone wish to discuss any
particular piece of Correspondence?
Mr. Buell: I would like to just…I really don’t
want to discuss them at this point in time. I would like
to list the March 5th memo from Bernd Hefele and Block
2000…
President Greenbaum: What number are you reading Jim?
Mr. Buell: Pardon?
President Greenbaum: What number off the list?
Mr. Buell: I am looking for it, I know it’s here.
All I wanted to do is list that for the next Workshop.
President Greenbaum: What does it relate to?
Mr. Buell: A discussion of Block 2307 Lot 1, triangular
lot on Manor House Road…
Mr. Rattner: The Rutledge property.
Mr. Buell: Yes. There is a deed restriction on it. I would
like to discuss that either in closed session or at the
next Workshop in open session.
President Greenbaum: Okay, that was the issue as to, it
was deed restricted some time ago and they are looking
to lift the deed restriction at this point in time. I don’t
know that that is something that we can do in closed session.
I don’t have a problem putting it on at our next
Workshop for further discussion.
Mr. Rattner: I think it should be open session. I don’t
think that there are a heck of a lot of points that we
have to consider.
President Greenbaum: We will put it on for open session.
Mr. Buell: Okay.
President Greenbaum: Okay, I will ask Lisa to put that
on.
Mr. Buell: I would also like to put on for the next Workshop
a letter from the Municipal Utilities Authority, Morris
County Solid Waste Management Plan modification request.
Basically, what they are planning to do or what they are
proposing to do is putting medical storage or medical waste
and disposal up at the… I think, the Comb Fill Transfer
Station. I would like the Administration to look into that
in terms of how large this is going to be. This is one
we just received today.
Mr. Sohl: This is the Veolia Environmental Services.
Mrs. Labow: That’s not what they want to do. That’s
totally opposite actually. Mr. Greenbaum, may I?
President Greenbaum: Sure.
Mrs. Labow: What they want to do, they already have permits
for hazardous waste. Now they just want to be able to accept
the medical waste too and transfer them out. It’s
nothing more than what they are already doing. They just
need a special license to do it.
Mr. Sohl: It’s a modification to the County level
plan. It’s not from my understanding, I briefly looked
it over, that it has anything to do with the Transfer Station
operation at all.
Mrs. Labow: No, nothing.
Mr. Buell: It has nothing to do with the Transfer Station?
Mrs. Labow: Absolutely nothing.
Mr. Sohl: That’s my understanding. Veolia is the
firm that I know… Colleen and I were up at…
President Greenbaum: You know what? We are going to put
it on for discussion at next week’s meeting because
the letter does request action from the Township in terms
of adopting a resolution. So I don’t see any need
to go into any discussion on it now and we will pick it
up next week.
Mr. Buell: That’s basically all that I wanted to
do.
President Greenbaum: Dave is your issue on this particular
subject?
Mayor Scapicchio: Just briefly Mr. President. What I did
is, I have the new Morris County Solid Waste Management
Plan and I passed that off to the Mount Olive SWAC Committee
today. So they should have a copy of that, hopefully, tomorrow
or the next day for their review and their comment back
to us.
President Greenbaum: Okay, good. We will put it on the
Agenda for discussion next Tuesday and we will see where
it goes from there. Mr. Perkins had something.
Mr. Perkins: Thank you, Mr. President. Item #3 under “Letters
from Residents” I would like to see that on next
week’s Workshop for discussion please.
President Greenbaum: I believe that’s an issue which
should generally be sent to Mr. Dorsey first with respect
to…John is that a JIF issue?
Mr. Dorsey: Is that in connection with the lawsuit of…
President Greenbaum: DelVecchio.
Mr. Dorsey: Then the answer is, the Township’s insurance
company will be providing the defense. Somehow I think
I’ve advised somebody to advise all of the defendants,
which is the former Mayor, former Administrators Casey
and Prill that they will all be getting a defense providing
they cooperate in terms of the defense.
President Greenbaum: I don’t think we need to take
any action on that whatsoever. It is simply handled through
the insurance company and however the defense is provided
it will be done through the JIF.
Mr. Rattner: I think we should send a letter back just
stating that so at least they know we did get the formal
letter.
Mr. Dorsey: Didn’t I send you a letter on that?
President Greenbaum: Bill, I think that you should send
out a letter indicating that it has been submitted to the
JIF and the JIF will be contacting everyone with regard
to the defense.
Mr. Sohl: Okay, I think the letter from De La Roche was
the one that was asking to hire his own attorney.
President Greenbaum: It has been submitted to the JIF
and the JIF will respond to it appropriately. The Council
is not taking issues…
Mr. Rattner: We should at least send a letter back saying
that.
Mr. Sohl: Again, it was kind of addressed to Council so
I …
President Greenbaum: The Administration should send back
a letter indicating that it has been submitted to our insurance
carrier and they will be contacted directly with regard
to…
Mr. Dorsey: Let me just add something. Bill, you already
know the attorney assigned, Eric Harrison. You have already
set up a meeting for next Thursday with Harrison, yourself,
Casey and Lindsay.
Mr. Sohl: Yes.
Mr. Dorsey: I know I wrote to you about this.
Mr. Sohl: You did.
Mr. Dorsey: I don’t want to be the one to write
to the former Mayor. I would appreciate it if you would
write to him and say yes, coverage will be granted to you
as will all the former Business Administrators, but you
must cooperate. If you fail to cooperate it will do you
no good.
President Greenbaum: Well, I think the letter is…I
don’t have a problem with that but the letter has
to be specific in terms of, he wants to hire his own attorney.
The letter should simply state back that the matter has
been submitted back to our insurance company and that Mr.
Harrison has been…
Mr. Dorsey: I will give you a draft.
Mr. Sohl: Okay, fine. Thank you.
Mr. Rattner: Since people are asking to put things on
the Agenda, you jogged my memory. Number fifteen. We got
a letter from Princeton Hydro regarding the dam removal
on Musconetcong next to the Pump House. They are pretty
close to raising enough funds. A few years ago they asked
us to contribute to try to get all parties, the two counties,
the towns and I believe that Morris County, the Freeholders
will put in a substantial amount of money if they see at
least a token amount from us. So I would like to put that
on the Agenda for next week to discuss it.
President Greenbaum: Okay, we will put that on also for
next week. Any other discussion on any particular piece
of correspondence? Seeing none, we are going to move on.
ORDINANCES FOR PUBLIC HEARING
President Greenbaum: We have a number of Ordinances for
Public Hearing. The first ordinance is Ordinance #9-2007
entitled:
Ord. # 9-2007 An Ordinance of the Township of Mount Olive,
County of Morris, and State of New Jersey to Supplement
Chapter 230, Taxation, With the Addition of Article III, “Payment
of Delinquent Property Taxes.
President Greenbaum: Is there anyone from the public who
wishes to be heard on this particular ordinance? Seeing
none, I close it to the public. I would ask Mr. Tepper
to please move this for approval.
Mr. Tepper: Yes, Mr. President. I move Ordinance #9-2007
for adoption and final passage.
Mr. Perkins: Second.
President Greenbaum: Moved and seconded. Any Council discussion?
Mrs. Labow: I have a couple of issues with this. I don’t
know if we should….
President Greenbaum: We have already discussed the fact
that this may actually have to be amended but because of
the importance of this particular ordinance, we felt that
it was important to move forward with it now and identify
any additional issues, such as the issuance of food permits
and the like that have been raised by the Health Department.
We will take a look at those issues through Mr. Dorsey’s
office at some later point and perhaps amend this ordinance.
It’s important to get it through now.
Mrs. Labow: Okay.
Mr. Tepper: That is correct.
President Greenbaum: Any other issues?
Mrs. Labow: Do you want to set it up for a future workshop
or….
President Greenbaum: I have already asked Lisa to send
a memo to Mr. Dorsey’s office to identify the issues.
If you have any input or if anyone has any input as to
the questions which may be raised by the ordinance itself
as it is currently situated, then you should get those
to Lisa immediately.
Mrs. Labow: Okay, sounds good.
President Greenbaum: Any other Council comment? Roll Call.
ROLL CALL: Passed Unanimously
President Greenbaum: Ordinance #9-2007 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 #10-2007 entitled:
Ord. #10-2007 An Ordinance of the Township of Mount Olive
to Amend and Supplement Section 400-10, Entitled “Building
Construction,” Subsection B Entitled “Fees” of
the Code of the Township of Mount Olive.
President Greenbaum: Does anyone from the public wish
to be heard? Seeing none, I close it to the public. I would
ask Mr. Tobey to please move that for approval.
Mr. Tobey: Let me see if I can get this right this time.
I move Ordinance #10-2007 for adoption and final passage.
Mr. Perkins: Second.
President Greenbaum: Moved and seconded. Very nice, it
took Colleen almost six months.
Mrs. Labow: I still hold the record at seven.
President Greenbaum: Is there any Council discussion?
Roll Call please.
ROLL CALL: Passed Unanimously
President Greenbaum: Ordinance #10-2007 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 #11-2007 entitled:
Ord. #11-2007 Bond Ordinance of the Township of Mount
Olive, in the County of Morris, New Jersey Amending Section
3(m) of Bond Ordinance #11-2001, as Supplemented by Bond
Ordinance #6-2002 and Providing a Supplemental Appropriation
of $150,000 Expected to be Received as a Grant from the
State of New Jersey Department of Transportation to Supplement
the $3,500,000 Appropriated by Bond Ordinance #11-2001
and the $1,608,000 Appropriated by Bond Ordinance #6-2002
of the Township.
President Greenbaum: Does anyone from the public wish
to be heard on Ordinance #11-2007? Seeing none, I close
it to the public. I would ask Mrs. Labow to please move
that for approval.
Mrs. Labow: I move for adoption and final passage of Ordinance
#11-2007.
Mr. Perkins: Second.
President Greenbaum: Moved and seconded. Any Council discussion?
Roll Call please.
ROLL CALL: Passed Unanimously
President Greenbaum: Ordinance #11-2007 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 #12-2007 entitled:
Ord. #12-2007 Ordinance of the Township of Mount Olive,
in the County of Morris, New Jersey Amending Bond Ordinances
#16-2000, #24-03, as Amended by Ordinance #18-2005, and
#23-2004, Respectively, in Order to Amend the Description
of the Projects Authorized Therein to Include the Construction
of the New Public Works Building.
President Greenbaum: Is there anyone from the public that
wishes to be heard on Ordinance #12-2007? Seeing none,
I close it to the public. I would ask Mr. Perkins to please
move that for approval.
Mr. Perkins: Yes, Mr. President. I move for adoption and
final passage of Ordinance #12-2007.
Mrs. Labow: Second.
President Greenbaum: Moved and seconded. Any Council discussion?
Roll Call please.
ROLL CALL: Passed Unanimously
President Greenbaum: Ordinance #12-2007 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 #13-2007 entitled:
Ord. #13-2007 Bond Ordinance Providing for the Resurfacing
of Various Roads in and by the Township of Mount Olive,
in the County of Morris, New Jersey, Appropriating $146,179
Therefor and Authorizing the Issuance of $138,870 Bonds
or Notes of the Township to Finance Part of the Cost Thereof.
President Greenbaum: Is there anyone from the public who
wishes to be heard on this particular Ordinance? Seeing
none, I close to the public. I would ask Mr. Rattner to
please move Ordinance #13-2007 for approval.
Mr. Rattner: Thank you, Mr. President. I move for adoption
and final passage of Ordinance #13-2007.
Mr. Perkins: Second.
President Greenbaum: Moved and seconded. Any discussion?
Roll Call please.
ROLL CALL: Passed Unanimously
President Greenbaum: Ordinance #13-2007 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 March
27, 2007
President Greenbaum: The first Ordinance for First Reading
is:
Ord. #14-2007 An Ordinance Amending and Supplementing
the Property Maintenance Code of the Township of Mount
Olive to Allow for Seasonal Parking of Recreational Vehicles
in Yards.
President Greenbaum: Mr. Tepper, do you want to move that
please?
Mr. Tepper: Yes, Mr. President. I move that Ordinance
#14-2007 be introduced by title and passed on first reading
and that a meeting be held on March 27, 2007, at 7:30 p.m.
at the Municipal Building, 204 Flanders-Drakestown Road,
Mount Olive, New Jersey, for public hearing, consideration
of second reading and passage of said ordinance and that
the Clerk be directed to publish, post and make available
said ordinance in accordance with the requirements of the
law.
Mr. Perkins: Second.
President Greenbaum: Moved and seconded. Any discussion?
Roll Call.
ROLL CALL: Passed Unanimously
President Greenbaum: Alright Phil, are you ready? This
is the big one now.
Ord. #15-2007 Township of Mount Olive, Morris County,
New Jersey Calendar Year 2007 Ordinance to Exceed the Municipal
Budget Cost of Living Allowance and to Establish a CAP
Bank. (N.J.S.A. 40A-4-45.14)
President Greenbaum: Mr. Tobey, do you want to move that
for First Reading please?
Mr. Tobey: I move that Ordinance #15-2007 be introduced
by title and passed on first reading and that a meeting
be held on March 27, 2007, at 7:30 p.m. at the Municipal
Building, 204 Flanders-Drakestown Road, Mount Olive, New
Jersey, for public hearing, consideration of second reading
and passage of said ordinance and that the Clerk be directed
to publish, post and make available said ordinance in accordance
with the requirements of the law.
Mr. Perkins: Second.
President Greenbaum: Moved and seconded. Any Council discussion?
Roll Call please.
ROLL CALL: Passed Unanimously
CONSENT RESOLUTIONS AGENDA:
Resolutions on the Consent Agenda List are considered
to be routine and non-controversial by the Township Council
and will be approved by one motion (one vote). There will
be no separate discussion or debate on each of these resolutions
except for the possibility of brief clarifying statements
that may be offered. If one or more Council member requests,
any individual resolution on the Consent Agenda may be
removed from the Consent Agenda List and acted on separately.
CONSENT RESOLUTIONS
2. Resolution to Introduce the 2007 Municipal Budget.
3. Resolution to Introduce the 2007 Solid Waste Collection
District Budget.
4. Resolution of the Township Council of the Township
of Mount Olive Authorizing the Execution of a Developer’s
Agreement with Parminderjeet Sandhu.
5. Resolution of the Township Council of the Township
of Mount Olive Authorizing Application for and Authorizing
the Mayor to Execute a “Click-It or Ticket” Grant
for 2007.
6. Resolution of the Township Council of the Township
of Mount Olive Authorizing William Sohl, Business Administrator
to Execute a TWA Application for St. Elizabeth Ann Seton
Parish Sewer Project.
7. Resolution of the Township Council of the Township
of Mount Olive Authorizing an Amendment to a License Agreement
Between Norfolk Southern Railway Company and the Township
of Mount Olive.
8. Resolution of the Township Council of the Township
of Mount Olive Authorizing an Escrow Agreement for the
Water Franchise Between Toll and the Township of Mount
Olive.
9. Resolution of the Township Council of the Township
of Mount Olive Authorizing a Professional Services Contract
with C. William Bowkley, Jr., Esq. of Bowkley and Zelante
for Legal Services to the Mount Olive Township Ethical
Standards Board.
10. Resolution of the Township Council of the Township
of Mount Olive RE: Temporary Capital Budget for Improvements
to Naughright Road.
11. Resolution of the Township Council of the Township
of Mount Olive RE: Temporary Capital Budget for Road Resurfacing.
12. Resolution of the Township Council of the Township
of Mount Olive Awarding a Contract to State Line Fire & Safety
for Various Rescue Tools for the Budd Lake Fire Department.
13. Resolution of the Township Council of the Township
of Mount Olive Authorizing a Professional Services Agreement
with Schoor DePalma for the Engineering Services Related
to the Potable Water Facilities Fixed Asset Valuation.
President Greenbaum: We are up to Consent Resolutions.
There are 13 Consent Resolutions. We already passed number
one which related to commemorating 50 years of the Marauders
Football program. The remaining 12 are #2-13. Does anyone
wish to have any of the remaining 12 resolutions removed
and put on the Non Consent Agenda?
Mr. Tepper: Thirteen.
President Greenbaum: Thirteen will be removed and put
on Non Consent. Any others?
Mr. Tepper: Number eight as well please.
President Greenbaum: Number eight. Anything else? Mr.
Buell, do you want to move #2-7 and 9-12 please?
Mr. Buell: I move Resolutions #2-7 and 9-12.
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 who wishes to be heard on any of the resolutions
on the Consent Resolutions Agenda? Seeing none.
COUNCIL COMMENTS ON CONSENT RESOLUTIONS
President Greenbaum: Is there anyone on Council who wishes
to make a brief clarifying statement as to the Resolutions
on the Consent Resolutions Agenda? Roll Call please.
ROLL CALL: Passed Unanimously
RESOLUTIONS NON CONSENT
President Greenbaum: Okay we are up to the Non Consent
Resolutions Agenda. We have #8, Mr. Tepper do you want
to move that?
8. Resolution of the Township Council of the Township
of Mount Olive Authorizing an Escrow Agreement for the
Water Franchise Between Toll and the Township of Mount
Olive.
Mr. Tepper: I move Resolution #8.
Mr. Perkins: Second.
PUBLIC PORTION ON INDIVIDUAL RESOLUTIONS
President Greenbaum: It has been moved and seconded. Does
anyone from the public have any discussion on Resolution
#8?
COUNCIL COMMENTS ON INDIVIDUAL RESOLUTIONS
Mr. Tepper: I would just like to understand, specifically,
how this impacts on Morris Chase. I assume that it is separate
from that? It says escrow agreement for the water franchise
and I wasn’t sure.
Mr. Dorsey: They are imposing upon the Township for a
special item, which is a franchise and the processing of
that franchise. The concern here is, there is a certain
expense involved to the Township. I mentioned it to Lisa
and she promptly picked up the phone and called Toll Brothers
and they said fine, how much should we come up with a check
for? Lisa is very good at collecting money. The purpose
of the escrow agreement is to defray the costs legal and
otherwise that you are going to be involved in here. So
you all understand the problem, the agreement specifically
provides that when the Township calls for the water system,
which I take it is a fairly massive water system, to be
turned over, they must turn it over. However, the continuing
advice by McGroarty and Buczynski is that the Township
not call for the water system to not be turned over until
it is fully built out so that all the wrinkles…is
that what you call them, in the water system have either
been recognized and or corrected. When we call for the
turnover, they must give us a one year warranty and a two
year maintenance bond. In return they need a franchise
in order to operate the system until such time as the Township
requires it to be turned over. My concern here is that
we don’t give them a franchise that in anyway backdoors
us so that we can’t demand that the system be turned
over when we want it and can’t get it at no cost
to the Township. Just being very careful about that and
I don’t think the Township should have to expend
the funds to deal with their franchise. I think they have
to escrow that money.
Mrs. Labow: Is the $10,000 going to be enough or…
Mr. Dorsey: It’s a good shot to start with.
Mr. Rattner: It’s a start.
Mrs. Labow: It’s a start and then they will add
more as needed?
Mr. Rattner: Or have some professional spend it.
Mr. Dorsey: I don’t know that it is going to cost
that much.
Mrs. Labow: Oh, it won’t?
Mr. Dorsey: I haven’t predetermined the fee yet.
Mayor Scapicchio: John, when you say fully built out,
what does that mean? Does that mean that every house is
connected?
Mr. Dorsey: The answer to the question is this. The agreement
permits the Township to call for the turnover of the system
at any time it sees fit. Buczynski has always recommended
that we not call for it until the system is built out.
I suppose the logic to that is, you don’t know the
system has been fully built and built properly until it
is fully built out but two years into the system the Township
calls for the system to be turned over, they are required
to turn it over. Mayor, are we together?
Mayor Scapicchio: Are you comfortable with the language
in the contract that we can take that system over at any
point in time we wish to take that system over?
Mr. Dorsey: I am confident that the language on that is
specific, and the language on that is specific that the
Township will not have to pay anything for the system.
What I am trying to guard against is this, when we give
them a franchise we don’t through some mechanism
that the BPU might impose find our position changed.
Mayor Scapicchio: That’s my question John. So you
don’t have a comfort level with that yet?
Mr. Dorsey: Not with the franchise ordinance. Not with
the ordinance that they have sent in…
President Greenbaum: This is a separate issue. This only
deals with the escrow and John is on top of the other issue.
Mayor Scapicchio: I am sure he is.
President Greenbaum: We just haven’t gotten to the
point where he is ready to sign off on this thing.
Mayor Scapicchio: Okay.
Mr. Rattner: I think one of the questions the Mayor had
is, built out meaning every connection. I don’t look
at that. It means the system has been built, if the houses
didn’t connect but I mean all the loops are in. You
can understand if you have pipes on three streets and you
still have to go three more streets, you probably don’t
want to do it because it’s not a complete system.
A complete system, at least the way I look at the definition,
means all the infrastructure is in. We don’t own
the laterals going to the house anyway. You know we are
only up to the curbstop.
Mayor Scapicchio: They can put the infrastructure in for
every house except for two and the system is not complete.
Mr. Dorsey: Oh no. The agreement, the Morris Chase agreement
which was signed March 18, 2004 does not say that they
can delay the turnover. The turnover is when the Township
says the turnover will occur.
President Greenbaum: In other words when our professionals
say you know what, it’s time to take it over, that’s
when we are taking it.
Mrs. Labow: Wasn’t there something in there that
said once they had at least 100 in, we could consider taking
it over at that point?
Mr. Dorsey: That was one of drafts.
Mr. Tepper: That was one of the minimums.
Mayor Scapicchio: Just so I understand this myself, John,
the governing body here are the only ones that can grant
the water franchise?
Mr. Dorsey: We must grant authorization for the BPU to
grant the franchise, yes.
Mayor Scapicchio: Are we in the position that we are in
because the Planning Board in the Developer’s Agreement
granted that, what I will call a temporary franchise, and
the Council, maybe not this Council but a Council, authorized
that Developer’s Agreement?
Mr. Dorsey: Yes.
President Greenbaum: The franchise is not troubling in
and of itself as long as it doesn’t impact our ability…
Mayor Scapicchio: I was just trying to understand it in
my own mind.
President Greenbaum: The fact that they are bringing in
a franchise to run their water system, it’s not of
any real concern to us so long as it doesn’t affect
our ability to take the system when we are prepared to
take it.
Mayor Scapicchio: Although, I don’t think we have
ever done this before.
Mr. Dorsey: No, as a matter of fact at Wyndham Point,
this is what they are guarding themselves against, at Wyndham
Point they had to give free water until the day we turned
it over.
Mayor Scapicchio: That’s correct.
Mr. Dorsey: Even Toll Brothers learned some things from
their mistakes. When they said hey, we are not going to
run this 400 home water system until you guys tell us to
turn it over, we want a franchise. There’s nothing
wrong with it. Frankly, I think everybody would agree we
wouldn’t want to take over the system too early until
everything is worked out. So it’s all fine as long
as we get the right wording in the ordinance that grants
the franchise.
Mr. Tobey: My question was, is this an isolated incident
but I think that was just somewhat asked by the Mayor and
just now answered.
Mr. Dorsey: This is the only time we have had to do it
this way. There have been other water systems turned over
to us, much smaller. This is a very large size…am
I right Mr. Perkins?
Mr. Perkins: Yes, oh yes.
Mr. Dorsey: It’s a large sized water system.
Mr. Perkins: As a matter of fact, we had Lakeview Estates
which was approximately 20 some odd customers on a tank
and a new well, which also helped to supplement our system
and they put in some new meters and pressure reducing valves
for us. That’s a small system. When you look at a
large system, obviously the first duty of any water purveyor
is to provide for the safe and adequate supply of potable
water to their customers within the development. I mean
that is what they have to design it for. Whatever is left
over comes out. From my standpoint speaking with our Director
of the Department of Public Works and the Township Engineer
as we have looked at the system you have to understand,
that we have a tank out there. That that tank needs to
cycle just like our tanks have to cycle every single day.
They deplete during the day and re-fill them at night.
Until you have an adequate number of customers online,
all of the well pumps won’t be running, all the hypo
chlorinators will not be running and your tank will not
start to move. As you begin to get more and more customers
on, you will see a steady usage on the system. Our DPW
Director feels that that would be the appropriate time,
we don’t know when that number might be, for them
to start getting involved, so he can start looking at manpower
issues, chemicals, electrical and the rest, and see how
the system runs. Hypothetically, if you say all 400 give
or take homes were built, they’re up, all the meters
are in, now get the deed signed over to us and we instantly
take it over and commence operations and billings. That
would be the preferable way to do it. We have a 15 percent
maintenance bond that’s up for… John, I think
in two years after this?
Mr. Dorsey: Yes.
Mr. Perkins: So we have two years that they’re still
responsible for anything that breaks but we would at least
be able to pick up revenue to run it.
President Greenbaum: Any other comments on this? Roll
Call.
ROLL CALL: Passed Unanimously
President Greenbaum: We are up to #13 entitled:
13. Resolution of the Township Council of the Township
of Mount Olive Authorizing a Professional Services Agreement
with Schoor DePalma for the Engineering Services Related
to the Potable Water Facilities Fixed Asset Valuation.
President Greenbaum: Mr. Tepper, do you want to move that
please?
Mr. Tepper: Yes, Mr. President. I move Non Consent Resolution
#13.
Mr. Perkins: Second.
PUBLIC PORTION ON INDIVIDUAL RESOLUTIONS
COUNCIL COMMENTS ON INDIVIDUAL RESOLUTIONS
President Greenbaum: Moved and seconded. Anyone from the
public?
Mr. Tepper: Since we just addressed #8, my question would
be does this include an estimation of the value of the
water system included in #8 as well or is it only our existing
ones?
President Greenbaum: Mr. Perkins, do you have an answer
to that?
Mr. Perkins: My answer was during my discussions with
Gene Buczynski that this…the Morris Chase/Morris
Hunt needs to be included in the asset evaluation because
inevitably it will be turned over to us. Whether he uses
that as a supplementary figure or as an asset down the
line, but all dry systems, all operable systems that are
presently in the ownership of the Township…
Mr. Tepper: I understood the present. I was just concerned
about the system that has not yet been built or turned
over.
President Greenbaum: I don’t think it’s in
the…it’s a good question but I don’t
think it really requires that much additional work on their
part to give an estimate because he is going to be familiar
with the system as is.
Mr. Tepper: I don’t disagree.
President Greenbaum: Any other questions on this? Roll
Call please.
ROLL CALL: Passed Unanimously
MOTIONS
President Greenbaum: The first motion is:
1. Appointment to the Board of Adjustment, Alternate II
for a 2 year unexpired term to expire 12/31/08 (resumes
received: Steven Bedell & Dawn Dodsworth – Matt
Guido, resume not received)
President Greenbaum: My understanding Jim, just from hearing,
is that you wanted to put up, at a minimum, Matt Guido.
Mr. Buell: Actually, Matt Guido is moving out of town
next month but I would like to put up Mr. Al Melveger.
President Greenbaum: Okay, does anyone second Mr. Melveger’s
nomination? I am going to open it up for all nominations.
I’ll second Mr. Melveger’s nomination, so that
he will be discussed. Does anyone else have any individuals
that they want to move for this position?
Mr. Tepper: I will move Dawn Dodsworth.
Mr. Perkins: Second.
President Greenbaum: Okay, so Dawn has been moved. Phil,
do you want to move Steve?
Mr. Tobey: I’ll move for Steve Bedell.
Mr. Buell: Second.
President Greenbaum: Okay. It has been seconded so there
are three. Are there any other people that we are going
to consider this evening? I guess what we will do is, we
will take a vote. If someone receives four votes then that
person will take the spot. Why don’t we start with…I
don’t know if anyone has anything that they wanted
to discuss on any of the three individuals. Let’s
take it that way. If not, we will just take it right to
a vote. Okay, let’s start with Dawn Dodsworth and
then we will go through a roll call.
ROLL CALL: Passed Unanimously with the exception, Mr.
Buell voted no.
President Greenbaum: Okay, so there is no reason to continue
we will take Dawn Dodsworth and congratulations to her
on the appointment to the Alternate II term on the Board
of Adjustment. We are up to Raffle Applications:
2. Approval of Raffle Application #2191 & #2192 for
the Scandinavian American Heritage Society.
President Greenbaum: Mr. Perkins do you want to move that?
Mr. Perkins: Yes, Mr. President. I move for approval of
Raffle Application #2191 & #2192 for the Scandinavian
American Heritage Society.
Mr. Buell: Second.
President Greenbaum: Moved and seconded. Any discussion?
Roll Call please.
ROLL CALL: Passed Unanimously
3. Bill List.
President Greenbaum: Bill List, Mr. Rattner.
Mr. Rattner: I move that we approve the Bill List as submitted
including the big one and the Jerry Lewis one.
Mr. Perkins: Second.
President Greenbaum: Moved and seconded. Any discussion?
Roll Call please.
ROLL CALL: Passed Unanimously
ADMINISTRATIVE MATTERS
Appointment of Laura Szwak to the Open Space Committee
for a 3 year unexpired term to expire 12/31/08.
President Greenbaum: Mayor, you are appointing Laura Szwak
to the Open Space Committee for a 3 year unexpired term
to expire 12/31/08?
Mayor Scapicchio: Yes, Mr. President. Lew Candura who
actually held two spots on the Open Space Committee, one
is the Mayor’s appointment and one is the Planning
Board Liaison. Once he was reappointed as the Planning
Board Liaison he resigned as the Mayor’s appointment.
My appointment to fulfill the balance of that term which
expires 12/31/08 is Laura Szwak.
President Greenbaum: I don’t believe that there
is any requirement that Council consent in that appointment.
I think it is a straight Mayoral appointment.
Mayor Scapicchio: Either way…
President Greenbaum: Okay, that is what I am being told.
Are there any other Administrative matters?
Mr. Sohl: Nothing.
OLD BUSINESS - None
NEW BUSINESS -None
LEGAL MATTERS - None
COUNCIL REPORTS
Recreation Liaison Report
President Greenbaum: The Recreation Liaison Report which
was being handled by Mr. Biondi, Mr. Tobey will become
the Council Liaison to the Recreation Advisory Committee.
There was a meeting in the interim between Mr. Biondi’s
resignation and the appointment of Mr. Tobey. I have a
packet of material which was given to us by Recreation.
I didn’t have it copied. If anyone would like to
either review it or get a copy, just contact Lisa. It is
a rather thick packet and any questions can be directed
to Jill for that particular meeting.
Mrs. Labow: Isn’t it the first Wednesday of the
month?
President Greenbaum: It may be a conflict in terms of …
Mrs. Labow: I was just going to say if we could change…
President Greenbaum: You guys can work that out.
Board of Health Report
Mrs. Labow: The next meeting is March 21st.
Planning Board Report
Mr. Tepper: The Planning Board met. They reviewed an application
for a company to finally move into the Ames building, a
Tractor Supply Company. There are a few minor issues remaining,
which I anticipate will be reviewed at the meeting this
week prior to the third round COAH obligations report being
presented to Planning Board, Councilmembers and all by
Mr. McGroarty.
President Greenbaum: Who represented the property owner?
Mr. Tepper: Glenn Geiger.
President Greenbaum: I am sorry?
Mr. Tepper: Glenn Geiger.
President Greenbaum: Oh, Glenn Geiger, okay. My understanding
is that they are going to be knocking down a good portion
of that building.
Mr. Tepper: If you look at the building from the front
where the metal overhang is, the far right section, the
brick section will probably be knocked down and made into
an open storage similar to what’s at Lowe’s,
with a fence around it. In order not to make it very unsightly,
there is a fabric that will be put inside that will prevent
view from seeing inside of it from the houses on the side
and the back.
President Greenbaum: What’s the nature, I know you
said tractor supply.
Mr. Tepper: Tractor Supply sells everything they are proud
to say but tractors. It was quite interesting.
President Greenbaum: I mean are they going to be selling
seed and fertilizer…
Mr. Tepper: It will be seed, fertilizers, lawn tractors,
lawn mowers, yard use and a lot of horse and farm supplies.
They feel there is a market for that based on their pre-survey
of the area. I am not sure necessarily where we concur.
There is also a clothing…something like Ramsey Mountain
Sports in terms of outdoor clothing, work clothing. They
seem quite optimistic about it, they have set up several
of them in the Sussex area and Hunterdon area and they
feel it would be successful here.
President Greenbaum: Are they also going to be selling
hardware, tools and…
Mr. Tepper: Some, they will definitely be selling tools.
They will sell automotive, automotive supplies, batteries,
oil and things of that nature. The other piece of the property
I don’t know if I brought it up? It’s not related
so much to Tractor Supply, they anticipate putting in a
branch office of the PNC Bank almost behind the Shell and
cattycorner to the Subway building.
President Greenbaum: What is the nature of the variances
which they are seeking?
Mr. Tepper: The primary one has to do with a side setback
because they are looking to expand the turnaround for the
trucks to actually make it safer. Whereas, right now it
is a very narrow road. When they knock the building down
and move out, they are going to move the driveway back
about six feet…I am sorry, the curb way back six
feet. So as to make it an easier turnaround going into
the back for the tractor trailers, that is principally
it.
President Greenbaum: Mayor, do you have something?
Mayor Scapicchio: Just this information. I got several
phone calls from an adjoining property owner and several
residents on Deerfield. Although they propose putting up
this black netting on this chain link fence to sort of
shield their storage. The adjoining property owners would
love to see some sort of landscape buffer. So that is for
informational purposes.
Mr. Tepper: That was addressed. The dentist who has the
commercial building next to it is actually here, I forget
his name right now.
Mr. Sohl: Art Nusbaum.
Mr. Tepper: Art… and he sat on the Planning Board
in Roxbury for many years so he presented very valid points,
very clearly stated having to do with the landscaping and
the buffer and Glenn and the client both indicated that
they would be willing to work with them to keep everyone
happy.
President Greenbaum: Okay. Did you have something Bill?
Mr. Sohl: Mr. Nusbaum did stop by the office the other
day and dropped off a written report or a set of information
to submit which we have passed onto the Planning Board.
President Greenbaum: When is it back on for discussion?
Mr. Tepper: It’s this Thursday. It will be on this
Thursday for the first hour and a half of the meeting.
Mr. Rattner: I thought it was interesting that, I believe,
Mr. Nusbaum was on the Roxbury Planning Board when Wal-Mart
went in and he was against any outside stuff. Tractor Supply… it’s
really, the first one moved into New Jersey about two years
ago. You can find it on Rt. 57 in Lopatcong on the way
to Phillipsburg. It is a store that you would think you
would probably find in the mid west. It is geared strictly
for the farmers. When you talk about tools and stuff, it’s
for irrigation, they have all the pumps. A quarter of the
store is different feed for everything from cows to sheep.
They have that down at the Lopatcong store. You will see
the industrial type of oil not the regular motor oil you
would use in your car. It is going to be interesting to
see how they do in the area if they keep the same product
line.
Mr. Tepper: I have a brochure I will be glad to bring
in for the rest of the Council to review where they listed
all of the items that they anticipate stocking and selling.
President Greenbaum: That’s where Mr. Rattner is
from now on going to be doing his food shopping.
Mr. Rattner: Well, they have bulk…
Mr. Tepper: If you consider that an appropriate place,
more power to you.
Mr. Rattner: Fifty to eighty pound feed bags.
President Greenbaum: Thank you.
Mr. Tepper: You’re welcome.
Board of Adjustment Liaison Report
Mr. Perkins: Yes, Mr. President. I was not in attendance,
however, I was updated by the secretary. The only item
being heard was the plan, the JCPL substation. It was quite
heavily attended, however, it is being carried because
they ran into a late hour.
Open Space Committee Report
Mrs. Labow: The Open Space Committee meeting was canceled
because Mrs. Murphy was going to be in Morristown making
a presentation. So it was canceled, we will pick it up
next month.
Legislative Committee Report
President Greenbaum: Okay. Legislative Committee is now
going to be handled by Mr. Perkins.
Pride Committee Liaison Report
Mr. Perkins: Thank you, Mr. President. Right now the new
billboard has been designed. We are just waiting to get
that up for the spring. The Chair has been in contact with
the Chair of the Economic Development Committee and the
two groups are going to start working jointly together
as they continue to bring hopefully some new businesses
into Mount Olive and Pride wants to be a bit more involved
then just some of the beautifications.
President Greenbaum: I saw the letter from Cody indicating
that 300 plus employees are going to be laid off.
Mr. Rattner: They are the final ones because they laid
some off before.
Mr. Tepper: If I could step back one moment. On the Planning
Board, we had a class on Saturday to fulfill the State
requirements and the New Jersey Planning official’s
requirements. One of the things that did come up was the
fact that there was a conflict of interest for any member
of the Economic Development Committee to be a member of
the Planning Board. So that presents a potential issue,
as I know at least one Planning Board/Zoning Board member,
at least one of the members is a member and they are going
to discuss it further with Roger about that but it is something
for us to consider for future appointments.
President Greenbaum: Okay.
Board of Education Liaison Report
Mr. Buell: Yes, two meetings. On March 6th, where they
actually provided a special meeting, they introduced the
next year’s School Budget. Just to recap that, it’s
a 7.6% increase. They cut about $500,000 from the total
budget and yet had the increase and it is going to equal
18.3 points, tax increases this year. They met last night
and they modified several things, some good and some bad.
The original proposal they made on March 6th was to have
the seniors pay $100.00 for parking. They have dropped
that proposal and the seniors will not pay and they have
found $20,000 outside of that area to cut in the budget.
In addition, they are going to have three, or at least
they are going to attempt to have three questions on the
ballot. The first one will be the budget itself. The second
one will be a capital appropriation of $485,000 to move
the two trailers that are currently at the High School
to Sand Shore School and to renovate them and to set them
up for classes. Otherwise, unless that passes they will
have two trailers that will be sitting out in the back
of the High School which won’t be used because they
have no use at that point in time. The third question is
for $150,000 basically to provide $30,000 for baseball
backstops, a visitor’s bleacher at the High School
stadium for $60,000 and bleachers for the new turf field
at $52,000 and $8,000 to reseed the Middle School. The
total cost of that question is $150,179.
President Greenbaum: What happened to the roof at Mountain
View?
Mr. Buell: I do not know.
Mr. Tepper: Why are they reseeding the field at the Middle
School?
Mr. Buell: Unfortunately, that to me is the most important
issue because it’s $8,000. Evidently the school fields
are in very poor shape at this point in time. All of the
schools are in poor shape. They have no money for maintenance
of any of the fields at any of the schools so therefore
the athletic facilities are going to be degrading. As I
said, my anticipation when I heard them March 6th was there
was going to be the Mountain View School roof and a lot
of field maintenance and now they showed up with as I said
about $90,000 or $100,000 in bleachers.
Mr. Tepper: They’ve got bleachers sitting in the
back of the field right now.
President Greenbaum: I don’t think we need to get
into their budget.
Mr. Tepper: Not yet.
President Greenbaum: Not yet. Just so everyone is aware
of the fact, I have written a letter in support of passing
the School Budget which I submitted to the Mount Olive
Chronicle. It should be coming out elsewhere because I
have looked at the budget and I don’t believe that
there is a … I think that they have presented a good
budget. They have dealt with a lot of difficulties which
are not of their own making, such as the loss in ratables,
being one. You know the same issue that we are all dealing
with because of the revaluation of commercial space. So
I publicly took a position on that. In any event, does
anyone else have any other comments on the school?
Mayor Scapicchio: Just a question for Mr. Buell. Jim,
is there any truth to the rumor that if that budget is
defeated they are going to privatize the bus service?
Mr. Buell: They have basically said that, in essence,
that if we cut the budget, the first place they are going
to be looking for additional dollars is the privatization
of the busing services.
Mayor Scapicchio: Have they already looked at the cost
analysis of having it done inhouse verses outsourcing?
Mr. Buell: They are in the process of doing that right
now. They are actually bidding out the privatization.
Mayor Scapicchio: So right now they don’t know whether
it’s going to be…
President Greenbaum: No, that’s not accurate. I
sat down with the Business Committee. Anyone who would
like to speak to me about the cost savings associated with
outsourcing of janitorial, food services and transportation
I am more than happy to have that discussion with anybody.
I sat down with the Business Committee of the School Board.
I have the pros and cons which they presented to me at
the time and I am more than happy to discuss that. I think,
Dave, the answer to your first question is that the School
Board doesn’t know what they are going to do at this
point if money is cut. It depends on how much is cut and
they will look at the different issues. Obviously, courtesy
busing is an issue. Obviously, afterschool activities are
an issue. I think anything that doesn’t deal directly
with the educational aspects of the inroom classroom teaching
will be on the table depending upon how much money is cut
out of their budget. So I think they will look at outsourcing.
I think they will look at outsourcing only on the transportation
side, not on the janitorial and not on the food service
based upon my discussion with the Business Committee and
for reasons which I am more than happy to discuss with
anybody who wants to contact me.
Lake/Environment Issues Committee
Mr. Rattner: Thank you, Mr. President. At the request
of the Clerk, I attended a site meeting at Morris Chase
last Thursday. Attended by, it seemed like a cast of thousands.
From the Township was myself, Gene Buczynski, Frank Dolan,
Ralph DeFranzo, Jim Smith and R&R was represented.
Toll Brothers led by Senior VP Peter Alles and Joe Dunn
and a person from his office from Morris County Soil Conservation.
The reason being is that there were numerous reports of
silt going back into the lake and among other areas around.
It started off everybody was very defensive. We are doing
everything the law requires and you can’t expect
perfection. After we got through that, Joe Dunn from Soil
Conservation did go through the plans and made sure that
the sequencing was proper. In other words, based on their
approvals, they can do certain things making sure they
weren’t getting ahead of themselves or if they disturbed
too much land for the size of the retention basins to handle.
He said they all looked to be in good shape. He then stated
based on the regulations and based on the amount of work
that they are doing, there is a sixteen week window where
there isn’t anything but God himself that can stop
them from damaging the lake because of the way the work
is done. If there is a major storm, there will be major
runoff and there will be major amounts of mud. There will
be major damage to the lake and that is acceptable. He
then went on to say different things. There is a big conflict
between what the EPA, which is a superior agency, allows
and what they can do. He also stated one of the things
and when I started putting numbers together it was very
disconcerting, that the regulations require that the developer
have storm structures up that will take 70% of the solids
out of any runoff. 70%, that means 30% goes through. Then
they mentioned for every acre that they disturb, that is
60 tons of soil. Now that is not 60 tons that go into…obviously
the runoff but when you look at one over the other. When
we went through everything, then they had…Joe Dunn
did a full inspection of the site, which all of us went
around and we walked the site and in general, I was surprised
to how many different things they put in, what they’ve
done. There were a number of issues that Joe Dunn picked
up on, stating certain things he didn’t think were
large enough. He also had suggestions. One of them, which
is a major item, is that a major part of the water that’s
running off the site right now is actually coming from
offsite. It is coming from Goldmine Estates and Turkey
Brook. The water is coming down. It has always gone into
the woods and it is being mixed in with what they are doing.
Mr. Rattner (Cont’d): What Soil Conservation suggested
they do, and they were agreeable to see how fast they could
get it done, is to try to pipe or to channel the water
that is coming onto their property, which wasn’t
theirs. So what they are calling is clean water so it doesn’t
get mixed in with the disturbance of the site. This way
it cuts down on a lot of the water coming through, hopefully
cuts down on a lot of the solids that come through that
way and that made a lot of sense. The big thing is that
when they start saying…when we see color in the lake,
it really isn’t that much silt, it’s just that
it is so fine that it goes in. So a lot goes in. You see
the color is like dye but there isn’t, if you go
by weight, there isn’t a lot there. We did talk about
different testing and they are looking at that, if they
can measure from the brook that goes along the Pavilion
and some of the other areas and if there is a way that
they could look at that. The real bad part is what Soil
Conservation said, is that this type of work will damage
the lake. It’s not the amount of silt that’s
going in, it’s the fine particles. The fine particles
are going to tag along the different pollutants, the different
phosphorus, the different things in the soil, the contaminants.
Also, it will effect because of the fineness of the silt,
it will get into the aquatic life and will actually cause
more of…you know a less healthy environment for anything.
Whether it’s a little thing that crawls along the
bottom, or the fish itself. He tried making a joke of it
that I really didn’t think was funny, was that he
said that it will have all the marine life, it will carry
down pollutants and nutrients and accelerate the ectro
purification and the lake will just speed it up to just
becoming a wetlands but that seems to be in vogue today,
so it wouldn’t be all bad. I think he was trying
to say it as a joke but what he is basically saying is
when you have a major construction project and you do everything
that’s possible and meet all the regulations, there
is still going to be situations…you know if we are
unlucky. With that sixteen week window, we are in the third
week of it, what he did recommend that he thought would
work, and Toll Brothers agreed, they have a grinder on
site chopping up all the trees and tree stumps and stuff
like that. He said take that material and start spreading
over all the disturbed areas of land. He said if the rain
doesn’t hit the soil it won’t pick it up and
put it in the tributary. So what he recommended is, don’t
cart the stuff out, just start shooting the stuff on top
of everything and that will go a long way into solving
it. I wasn’t happy with everything there. I get the
calls from a number of different people every time there
is something there. It does appear that they are doing
what they have to do. Soil Conservation is on top of it.
They did find some things and told them what they have
to improve and they said they would get on it right away
and they will just be watching it. We had our own inspectors
there. They know what it is and if the public sees anything
we will look at it and just identify it and try to nip
anything in the bud.
Safety Committee Liaison
Mr. Perkins: No meeting, Mr. President.
Finance Committee Report
Mr. Rattner: Nothing to report.
Economic Development Committee Report
Mr. Rattner: Nothing to report. We meet this weekend.
Solid Waste Advisory Committee Report
Mrs. Labow: We are meeting on April 4th.
Library Board Liaison
Mr. Tepper: Meets tomorrow night.
PUBLIC PORTION
President Greenbaum: Anyone from the public who wishes
to be heard this evening? Mr. Russell, if you would be
so kind as to go up to the Marauder podium. State your
name and address please.
Nelson Russell, Budd Lake: Steve, what is causing this
sixteen week window?
Mr. Rattner: It’s just that when you have that much
opened disturbed property, no matter what you do, if you
get an extraordinary storm, nothing is going to hold it
back. That is what they are saying.
Mr. Russell: What happens from thirteen weeks to stop
that?
Mr. Rattner: The disturbed area, the grass will start
growing and things will be stabilized. It takes a certain
amount of time for soil to be compacted to be stabilized,
that type of thing. When you are in the middle of doing
the work no matter how many things you put in, it can start
raining while you’re working on it and it’s
not done yet. They did show us what they were doing because
they had some structures left. When they hear a report
of rain, they spend the day before stabilizing what they
can, putting different berms in or just stone all over
that are just temporary, which they have to take up the
next time. That is what I was saying, I wasn’t real
happy with the end result but it does appear that they
are doing everything that is required. It’s just
that it’s not going to be 100% and their standards
don’t require 100%.
Mr. Russell: Okay, thank you. In Ordinance #14, which
is just first reading, it uses the term bituminous concrete.
Is that another word for asphalt? All driveways shall be
constructed with bituminous concrete or equivalent material.
Mr. Sohl: I know that’s the way it’s been
explained in the books. I think that is essentially…
Mr. Tepper: Asphalt.
Mrs. Labow: Yes, asphalt.
Mr. Russell: It’s saying asphalt, why don’t
we just say asphalt?
Mr. Tepper: It’s the technical definition.
Mr. Tobey: It is a scientific term.
Mr. Sohl: That is the verbiage that is there already but
that particular verbiage hasn’t changed.
Mr. Russell: Alright, I just wanted to know what it was.
A couple of things on the Bill List, on page #2, I am seeing
$63,202.00 for a multi purpose vehicle chassis. What are
we getting for $63,000?
Mr. Tepper: Isn’t that the rack body truck? I believe
it’s the rack body truck itself.
Mr. Russell: It’s rather expensive for a…
Mr. Tepper: That’s an airbrake CDL truck.
Mayor Scapicchio: We will get the information for you.
We don’t know offhand.
Mr. Russell: Okay, thank you. Also on page #10 there’s
$6,865.40 for the telecom audit service. What is the audit
service? There is also a long distance charge in that check.
Mrs. Jenkins: What page are you on?
President Greenbaum: Page#10.
Mr. Russell: Page #10. Do you want the check number?
Mrs. Jenkins: What’s happening with the phone service
is we have to give them a percentage of the projected savings
that we are going to get as a result of their service.
That is what this $6,865 is. That is the projected first
year savings, I believe, from their audit that they completed.
Mr. Russell: So we have to give them ten percent of it?
Mrs. Jenkins: No we give them…again, I don’t
remember the number of the percentage offhand. I know they
get something. I think it’s more than that.
Mr. Rattner: Mr. Russell, there are a number of companies
that do that. It started within the trucking industry when
they were looking at the tariffs. You have your bills,
these companies come in they don’t charge you any
fee. They say we can come in and let us audit your stuff.
We will show you where there are mistakes on your bills
and for the first year the money we save you, you split
with us 50/50. So they work on a commission. The idea is
that we weren’t saving the money to begin with. Number
two, once we get down to the right tariff rates and those
type of things and equipment that may have been taken out
that we are getting billed for it would continue in the
future.
Mr. Russell: So this is what the consulting company is
doing?
Mr. Rattner: This is what they are doing. This is strictly
on commission. That is why it is there. So if they didn’t
save us any money we wouldn’t pay them anything.
So it is 50/50 for the first year.
Mr. Russell: Thank you.
COUNCIL COMMENTS
President Greenbaum: Thank you. Is there anyone else from
the public who wishes to be heard? I will close it to the
public. There is no executive session this evening.
Mr. Rattner: Oh, darn!
President Greenbaum: We are up to final comments. I don’t
know if you have anything this evening, Sherry? I will
get to you Mayor, don’t worry… go right down
the line.
Mayor Scapicchio: It’s in reference to the executive
session.
President Greenbaum: It’s okay, we are still going
to do final comments and then you can…
Mayor Scapicchio: Okay.
President Greenbaum: Sherry?
Mrs. Jenkins: We have our Bond Sale this week actually.
So I will let everybody know how we do. It’s going
to be online, it’s pretty interesting actually.
Mr. Sohl: None.
Mayor Scapicchio: Just that in conversation with Mr. Dorsey
this morning the Business Administrator has prepared a
letter that he is going to sign and send out to ARD and
we would like to discuss that with Mr. Dorsey and Council
in executive session this evening before that goes out
tomorrow.
President Greenbaum: Then we will have an executive session
briefly to discuss ARD. That’s fine, any other final
comments? I will get to you Steve.
Mr. Rattner: Well, I don’t know I thought you said
everybody? I thought you opened it?
President Greenbaum: Do you want to go now? Then I will
let everyone go afterwards and they may bash you and you
won’t have an opportunity to respond.
Mr. Rattner: That’s okay.
President Greenbaum: Then you will wait your turn.
Mr. Tepper: No thank you.
Mr. Buell: None.
Mr. Tobey: No comments.
Mrs. Labow: No comment.
Mr. Perkins: Nothing.
President Greenbaum: Your turn big boy.
Mr. Rattner: This is just something that I think we have
to watch out for, it was disturbing to me. I was on a panel
about a week and a half ago and I was seated in between
Assemblyman Cryan and Assemblyman DeCroce and it came up,
they were talking about the budget and they were obviously
bartering back and forth. One of the things that came up
when they were talking about this new rebate program, that
the checks are a short term solution to get the money back
to the people. If the program continues, it is going to
be up to the local tax assessor to write on your tax bills,
to put the credit, rather than to send out the money.
Mr. Rattner (Cont’d): What Assemblyman DeCroce brought
up was stating that, to do that the State is going to have
to have separate files of everybody’s income tax
and then provide a data file to the local tax assessor
with every property owner in town, tax information… income
tax information because the rebate program is based on
income. Now he brought up the fact, was the State going
to sell that information like they sell your driver’s
license every time you buy a new car and you register it…you
know they sell that. That is why when you buy a new car
you get all those advertisers, that’s the State because
they make money. So that came up, I don’t know if
that is really a fact but they went back and forth and
they said that is how it is going to happen. We keep talking
about different things and personal information but now
personal income tax information is going to be going out.
I would imagine it would be needed even for renters because
renters get a certain amount based on their income too.
Now, I don’t think they figured that part out. There
isn’t money in the State Budget to even set that
up but that is something I think we really have to watch
out for. If you hear anything, we have to make sure that
everybody’s personal information is properly protected.
Mr. Russell: That would include the social security number
I would imagine.
President Greenbaum: I don’t know for sure. I don’t
know what it’s going to include.
Mr. Rattner: It’s just a scary thought.
President Greenbaum: Is that it Steve?
Mr. Rattner: Yes.
President Greenbaum: Anything Mr. Dorsey?
Mr. Dorsey: No.
President Greenbaum: I just want to congratulate the Administration
on giving us a budget this evening that we actually introduced
by way of resolution on the Consent Resolutions Agenda.
While it’s unfortunate that there is an increase
at all, I believe that being conservative in our judiciary
obligation required us to actually, to do what we did.
It was a great effort on behalf of both the Council, the
Budget Finance Committee and the Administration to get
the projected increase down to three and a half percent
which is certainly a reasonable number, better than when
we started and certainly better than in past years. Bill,
did you have something?
Mr. Sohl: Yes, actually you just took the words out of
my mouth. This whole budget process was a team effort from
the point where…the input from the employees and
the department heads to the CFO’s organization, the
messaging of it, the listening to the Mayor’s direction.
Ultimately coming to Council and working with Council to
make adjustments as necessary. I think the entire process
was probably one of the smoothest and well oiled efforts.
Again, a lot of cooperation and a lot of team effort.
President Greenbaum: I will get to you in a second… you
already had your turn. A special thank you to Sherry Jenkins
for her hard effort in bringing the budget to fruition.
I know that it would have been a much different process
without her involvement, if not impossible.
Mr. Rattner: I think the one real big difference this
year because we have had all the same players, all have
done it. I have been here twenty years doing this stuff.
The one big change, and it was a really was a big change
and that’s the Mayor. The Mayor basically this time
and it is the first time since I have been here, has basically
laid down very plain instructions, told them the direction
you are heading in and what he wanted instead of the Mayor
following the budget and hoping that the Council would
fix it and take the blame or whatever. He took the bull
by the horns, said this is the budget I want to present
and that’s the budget he presented to us. It’s
not perfect, obviously we all had different things in it
but it was a good solid budget. We got a quick consensus
and I think that was really the difference that has happened
and it’s the first time I have seen that in twenty
years.
Mayor Scapicchio: Thank you, Steve.
President Greenbaum: Okay. Hope you’re not to sore
tomorrow Dave, after that.
Mayor Scapicchio: I am not sore.
President Greenbaum: Ray, do you want to move us into
executive session?
Mr. Perkins: According to Sections 7&8 of the Open
Public Meeting Act I make a motion that we move into Executive
Session for discussion of ARD.
Mrs. Labow: Second.
President Greenbaum: Moved and seconded, all in favor?
AYE
Executive Session – ARD
ADJOURNMENT
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