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Township Council Public Meeting Minutes - March 25, 2008
The Regular Public Meeting of the Mount
Olive Township Council was called to Order at 10:16 pm by Council
President Perkins 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. Perkins, Mr. Roman, Mr. Tobey, Mrs. Labow,
Mr. Rattner, Mr. Tepper
Absent: none
Abstain: Mr. Greenbaum
Also Present: David Scapicchio, Mayor; Bill Sohl, Business Administrator;
Dominic DiYanni, Township Attorney; Lisa Lashway, Township Clerk
Questions on Bill List? – none
APPROVAL OF MINUTES OF PREVIOUS MEETINGS
President Perkins: That takes us to the approval of Minutes of
previous meetings. Mr. Greenbaum, do you want to move those Minutes,
please?
February 16, 2008 Budget Hearing
February 23, 2008 Budget Hearing
March 11, 2008 WS, PM & CS
Absent: Mr. Rattner
Mr. Greenbaum: I move them.
President Perkins: Thank you.
Mrs. Labow: Second.
President Perkins: Thank you. Roll Call, please.
Mrs. Lashway: Mr. Greenbaum?
Mr. Greenbaum: Here.
Mrs. Lashway: Yes, or no?
ROLL CALL – Mr. Perkins, Mr. Tobey, Mr. Tepper, Mrs. Labow
and Mr. Roman voted unanimously on all of the Minutes with the
exception Mr. Rattner abstained from the March 11th Minutes, and
Mr. Greenbaum voted “here.”
CORRESPONDENCE
LETTERS FROM RESIDENTS/ORGANIZATIONS
1. Nomination form received March 10, 2008, from New Jersey Planning
Officials, The Association of Planning Boards and Zoning Boards
of Adjustment, regarding the 2008 Achievement in Planning Awards.
2. Invitation received March 11, 2008, from the Mount Olive Area
Chamber of Commerce, regarding “Staying Young Your First
100 Years” with guest speaker Dr. Brenda L. Rooney.
3. Letter received March 19, 2008, from the Susan G. Komen Race
for the Cure regarding the First Annual Susan G. Komen North Jersey
Race for the Cure on Sunday May, 4, 2008.
4. Information received March 20, 2008, from Maraziti, Falcon
and Healey regarding NJ Redevelopment 2008 Seminar.
5. Letter received March 20, 2008, from Judy Rampone regarding
her support of sewers in Old Flanders.
RESOLUTIONS / ORDINANCES / CORRESPONDENCE OTHER TOWNS
6. Resolution received March 13, 2008, from the Borough of Point
Pleasant Beach, Ocean County, regarding the right to levy local
option taxes on the type of discretionary spending.
7. Resolution received March 13, 2008, from the Township of Chester
regarding opposition to the abolishment of the New Jersey Department
of Agriculture.
8. Resolution received March 19, 2008, from the Board of Chosen
Freeholders declaring a date for final consideration of the Sunset
Valley Golf Course, Bunkers, Irrigation Tees & Greens Improvements
(Phase 2), and Flanders Valley Golf Course/Pinch Brook Golf Course
Irrigation System Improvements.
9. Resolution received March 19, 2008, from the Board of Chosen
Freeholders regarding their opposition to Governor Corzine’s
proposed elimination of the Department of Agriculture.
DCA
10. E-mail received March 7, 2008, from the New Jersey Department
of Community Affairs, regarding Fiscal Briefings: Corrected Internet
Link.
DOT / DEP / LOI / HIGHLANDS
11. Letter received March 10, 2008, from the State of New Jersey
Department of Environmental Protection, Division of Land Use Regulation,
regarding an Approval of a Draft Conservation Restriction for Maroon
Abraham, Block 3001 Lot 2 (8 Third Street).
12. Letter received March 13, 2008, from New Jersey Transit regarding
the Supplemental Environmental Impact Statement (SDEIS) for the
Access to the Region’s Core (ARC) project.
13. Letter received March 13, 2008, from the State of New Jersey
Department of Environmental Protection, Bureau of Underground Storage
Tanks, regarding Potable Well Water Analyses in vicinity of BP
Service Station 611 site, Route 46 & Mt. Olive Road.
14. Letter received March 17, 2008, from the Community Homebuilders
Association (CBA) regarding a resolution prepared by the CBA’s
Highlands Committee for consideration by Mount Olive Township objecting
to the Highlands Final Draft Regional Master Plan.
15. Letter received March 18, 2008, from Maser Consulting, P.A.
regarding the Highlands Applicability Determination Application
for Block 7000, Lot 47 (407 Drakestown Rd).
16. Letter received March 19, 2008, from State of New Jersey,
Department of Environmental Protection regarding Grant RP05-081:
Budd Lake Watershed Restoration & Protection Plan.
UTILITIES
17. Letter received March 12, 2008, from Comcast regarding the
addition of the Special Events channel.
18. Letter received March 17, 2008, from Cozen & O’Connor
regarding a petition of New Jersey American Water Co., Inc. for
approval of increased tariff rates and charges for water and sewer
service, increased depreciation rates and other tariff revisions.
MORRIS COUNTY
19. Letter received March 10, 2008, from the County of Morris,
Department of Planning, Development, & Technology, Division
of Planning, regarding comments on N.J.A.C. 5:94, Proposal No.
PRD 2008-22 as published in the New Jersey Register, Volume 40,
Number 2, 1/22/2008.
LEAGUE OF MUNICIPALITIES
20. Letter received March 10, 2008, from the New Jersey State
League of Municipalities regarding an update on QPA, S-770.
21. Letter received March 11, 2008, from the New Jersey State
League of Municipalities regarding COAH 3rd Round Regulations.
LETTERS FROM LEGISLATIVE REPRESENTATIVES
22. E-mail received March 7, 2008, from Representative Rodney
P. Frelinghuysen regarding America more vulnerable, improving mental
health insurance coverage, Frelinghuysen calls space program essential,
supports New Jersey manufacturing, Frelinghuysen, New Jersey letter
carriers discuss issues, around New Jersey – Town Hall meetings,
and spread the 2-news.
23. E-mail received March 17, 2008, from Representative Rodney
P. Frelinghuysen regarding Frelinghuysen opposes “largest
tax increase in history,” FISA languishes, Frelinghuysen
backs border security effort, Frelinghuysen brings Titanic explorer
to New Jersey, and Spread the e-News.
President Perkins: That takes us to Correspondence of which we
have 23 pieces of Correspondence. Does anyone want to address any
piece of Correspondence on the Agenda? Seeing none, that moves
us to Ordinances for public hearing.
ORDINANCES FOR PUBLIC HEARING
President Perkins: I open the hearing to the public on:
Ord. #11-2008 An Ordinance to Amend and Supplement the Provisions
of the Township of Mount Olive’s Code Addressing Off Street
Parking and Loading. (Public Hearing date is 3/25/08)
President Perkins: Anyone from the public wish to be heard on
that ordinance? Seeing none, Mr. Tepper, would you move that please?
Mr. Tepper: Yes, Mr. President, I move for adoption and final
passage of Ord. #11-2008.
Mrs. Labow: Second.
President Perkins: Any Council comments? Seeing none, Roll Call,
please.
ROLL CALL – Passed Unanimously
President Perkins: I open the hearing to the public on Ord. #13-2008… Oh,
I’m sorry, Ord. #11-2008 has passed on second reading, and
I hereby direct the Clerk to forward a copy of same to the Mayor
and publish a notice of adoption as required by law. I open the
hearing to the public on Ord. #13-2008, entitled:
Ord.#13-2008 An Ordinance of the Township Council of the Township
of Mount Olive to Amend and
Supplement Article II 400-6 “Definitions” and Article
V “Design Guidelines and Technical Standards” of Section
400-34 Entitled “Apartments and Townhouses” of the
Code of the Township of Mount Olive Pursuant to N.J.S.A. 13:1E-99.13A
Regarding Recycling in MultiFamily Housing.
President Perkins: Anyone from the public wish to make a comment,
or be heard on that ordinance? Seeing none, I close it to the public.
Mr. Roman, can you move that, please?
Mr. Tepper: Excuse me, Mr. Council President?
President Perkins: Yes, Mr. Tepper?
Mr. Tepper: The Planning Board has reviewed this again and once
again asked that in Section G it be amended to read, “There
shall be included in any new or existing.” So, adding the
words “or existing.” They don’t want it just
to be new housing. They believe it should be applicable to all
multifamily housing.
Mr. Sohl: Yes, and Administration too. Mr. Quinn has checked and
we have no opposition to that. In fact, the model used is exactly
that, a model. It doesn’t have to be in absolute lockstep.
Mrs. Lashway: Okay, I sent this to Mr. Dorsey to ask him if this
was a substantial change and if it needed to Mrs. Lashway (Cont’d):
be reintroduced or re-advertised, and he said the ordinance does
not need to be changed. It includes, by reference, existing. He
wrote us a letter and we never got it, but he specifically said
to me tonight, and he also spoke to Mr. Russell about it, and he
says it is already… So we’re not doing anything not
in accord with what the Planning Board has recommended. It is already
incorporated in there in Mr. Dorsey’s opinion.
Mr. Tepper: That is a difference of opinion from the Planning
Board Attorney. So I just ask that it be readdressed or reassessed
because it specifically states “new,” and by saying “new” they’re
implying it excludes existing.
Mrs. Lashway: I think you should continue this to the next meeting
when at least we can either get Mr. Dorsey’s letter, or when
he’s here and he can address…
Mr. Greenbaum: I’m fine with that, but, I’m sorry…
President Perkins: No you’re not. Go ahead.
Mr. Greenbaum: To the extent that Mr. Dorsey believes that it
is already included, the additional language which Mr. Tepper is
requesting can simply be inserted because it’s not a substantial
change.
Mr. Rattner: That’s what I was going to say and I’ll
second that.
President Perkins: Exactly.
Mr. Tepper: That would be perfectly acceptable.
Mr. Greenbaum: But not withstanding that, we should get Mr. Dorsey
to give his opinion on that so that unless Dominic is prepared
to give us an opinion…
Mrs. Lashway: The one question is, is there a timeframe?
Mrs. Labow: Yes, April 1st.
Mrs. Lashway: April 1st, so we can’t continue it. We have
to do whatever we do tonight.
Mr. Sohl: April 10th I think.
Mrs. Labow: Where’s Tim? Oh, Tim, for this ordinance is
it April 1st or April 10th?
Mr. Tepper: April 10th.
Mrs. Labow: If you continue it.
Mr. Quinn: I’m sorry what…
Mrs. Labow: Ord. # 13-2008.
Mrs. Lashway: Recycling and multifamily.
Mrs. Labow: Can we table it?
Mr. Quinn: I believe we have until April 11th to get it back to
the County.
Mrs. Lashway: We have another meeting April 8th.
Mr. Quinn: I think it’s a little late but we’re somewhat
on track. We should be okay. I don’t think they’re
going to come and shoot me if we don’t have it by the 11th.
Mr. Sohl: It’s in the process. I don’t see an issue
with the County.
Mr. Quinn: As long as it’s on the Agenda and it’s
going through Council then we should be okay.
Mr. Tepper: …wouldn’t you just amend it next time?
Mr. Greenbaum: No, let’s put it off.
Mr. Tobey: Lisa, you’re correct, now.
Mr. Greenbaum: I make a motion to extend the public hearing on
this.
President Perkins: Do I have a second?
Mr. Rattner: And I second it.
President Perkins: All in favor?
AYE - Mr. Tobey was opposed
Mrs. Lashway: Extend the public hearing to April 8th.
Mr. Tobey: Lisa’s correct.
Mrs. Labow: So that should be okay, right, Tim?
Mr. Quinn: Yes, we’ll be fine. Yes, we’re in pretty
good shape.
Mrs. Labow: Okay.
Mr. Tepper: Sorry, Alex.
Mr. Roman: Don’t worry.
Mr. Tepper: I took away your easy one.
Mr. Roman: My spot in the limelight.
President Perkins: I open the hearing to the public on:
Ord. #16-2008 An Ordinance of the Township of Mount Olive Authorizing
the Sale of a Tract of Land Commonly Referred to as Charters Farm,
Lot 1 Block 900 and Lots 3 and 4 Block 8300 on the Mount Olive
Township Tax Assessment Map in Conjunction with the County of Morris
as Well as the Conveyance of all Non-Agricultural Development Rights
to the County of Morris and the Conveyance of a Twenty Foot Wide
Trail Easement, a/k/a Patriots Path to the County of Morris for
Park Purposes.
President Perkins: Does anyone from the public wish to be heard
on that ordinance? Seeing none, I close it to the public and I
would ask Mrs. Labow to move that, please.
Mrs. Labow: Thank you, Mr. President, and before I move that I
want to thank Mrs. Lashway for increasing the font on these papers
because I couldn’t read the other ones. I’d like to
say that I’d like to move for adoption and final passage
of Ord. #16-2008.
Mr. Tobey: Second.
President Perkins: Hold on a second. Any Council discussions?
Roll Call, please?
ROLL CALL – Passed Unanimously
President Perkins: I declare Ord. #16-2008 as passed on second
reading, and I hereby direct the Clerk to forward a copy of same
to the Mayor and publish a notice of adoption as required by law.
A point of order has been brought before me from the Township Clerk
on Ord. #13-2008. I’d like to get a Roll Call on carrying
that to the next meeting. Lisa, would you Call the Roll, please?
ROLL CALL – Passed with the exception Mr. Tobey voted no.
President Perkins: I open the hearing to the public on Ord. #17-2008,
An Ordinance of the Township Council of the Township of Mount Olive…
Mr. Sohl: I thought that was taken off.
Mr. Perkins: Excuse me?
Mr. DiYanni: It’s first reading.
Mr. Sohl: Oh, Gervic Street?
Mr. Tepper: It was carried.
Mr. Sohl: Oh, I’m on the wrong one. Sorry about that.
Mrs. Lashway: Ord. #17-2008, no, you’re right.
President Perkins: Yes, I’m on Ord. #17-2008.
Mr. Tepper: Keep going.
Mr. DiYanni: It’s been removed, no?
Mrs. Lashway: Well, you’re going to table it. You have to
take a Roll for public hearing.
Mr. DiYanni: Continue. I’m sorry.
President Perkins: Thank you.
Ord.#17-2008 An Ordinance of the Township Council of the Township
of Mount Olive Vacating a Portion of Gervic Street.
President Perkins: Anyone from the public? Seeing none, Mr. Rattner,
would you move that, please?
Mr. Rattner: I move for adoption and final passage…
Mr. Tepper: Didn’t we just do that?
Mr. Sohl: I thought that…
Mr. Tepper: That was the one we just carried, wasn’t it?
Mrs. Labow: That was the one we just carried.
Mr. Greenbaum: We just carried that.
Mrs. Lashway: No, that was Ord. #13-2008. This is Ord. #17-2008
that we’re on now.
Mr. Sohl: Oh, Gervic St…
Mr. Tepper: Sorry.
Mr. Rattner: It got introduced and then we have to continue it.
Mrs. Lashway: No, we’re going to table this one.
Mr. Sohl: Oh, okay.
Mr. Tobey: I thought Ord. #17-2008 was being removed.
Mrs. Lashway: We’re going to defeat it or table it. This
one’s…
President Perkins: It’s going to get tabled.
Mr. Greenbaum: It’s done?
Mrs. Lashway: Well, the property owner…
Mr. Greenbaum: Is it done, or is it being carried?
Mrs. Lashway: It’s going to be killed.
Mr. Greenbaum: So then move it and…
Mrs. Lashway: You have to have a public hearing…
Mr. Tepper: It’s done. Let’s vote it down.
Mr. Rattner: Okay, then we’ll vote no.
Mrs. Lashway: …and then we have to vote to either table
it, or…
Mr. Tepper: But didn’t we just read it?
Mrs. Labow: No, she was doing Ord. #13-2008 because we didn’t
carry Ord. #13-2008.
Mr. Rattner: We just did the public hearing on Ord. #17-2008.
Mr. Roman: We didn’t vote on Ord. #17-2008, yet.
Mrs. Lashway: No, we didn’t do a public hearing. Open up
the hearing on Ord. #17-2008.
Mr. Tepper: How did we do this one and not do Ord. #13-2008?
Mr. Roman: We did a point of order…
President Perkins: Mr. Rattner, would you please move Ord. #17-2008?
Mr. Rattner: That means you’ve already done the public hearing.
Okay, I’ll move it. I move for adoption and final passage
of Ord. #17-2008.
Mrs. Labow: Second.
President Perkins: Council discussion? Now…
Mrs. Lashway: Now, we’re voting to defeat this. Mr. Greenbaum?
President Perkins: This is for defeat.
Mr. Greenbaum: No. It’s been moved, correct?
Mrs. Labow: Yes, and seconded.
Mr. Greenbaum: Then I vote yes.
Mr. Tepper: Yes.
Mr. Tobey: Yes is to defeat?
Mr. Roman: Yes on defeating.
Mr. Tepper: That’s a no.
Mrs. Lashway: No, you have to say…
Mr. Rattner: They want to give these people the property whether
they want it or not.
Mrs. Labow: Now wait a minute…
Mr. Tepper: If you vote yes, you’re approving it and giving
the, if you vote no you’re defeating it.
Mrs. Labow: The people who want it don’t want…
Mr. Roman: No, I’ll be in…
Mr. Tobey: …don’t want it.
President Perkins: Exactly.
Mrs. Labow: The people who wanted it don’t want to vacate
it anymore.
Mr. Greenbaum: Vote no.
ROLL CALL – Defeated with Mr. Perkins, Mr. Tobey, Mr. Rattner,
and Mrs. Labow, Mr. Roman voting no
Mr. Tepper: We tried to give something away and we can’t.
Mr. Roman: You two confused me. I didn’t know what I was
supposed to do.
ORDINANCES FOR FIRST READING – (Public Hearing April 8,
2008)
President Perkins: That moves us on… It gets interesting
doesn’t it?
Mrs. Labow: Those two are trouble makers. Stay away from them.
President Perkins: That moves us on to ordinances for first reading,
with a public hearing for April 8th, 2008. The next item on the
Agenda for first reading is entitled:
Ord.#19–2008 An Ordinance of the Township Council of the
Township of Mount Olive Relating to the Issuance of a Demolition
Permit (Amending and Supplementing Section 400-10C of the Code
of the Township of Mount Olive).
President Perkins: Mr. Tobey?
Mr. Tobey: I move that Ord. #19-2008 be introduced by title and
passed on first reading and that a meeting be held on April 8th,
2008 at 7:30 p.m. at the Municipal Building, 204 Flanders-Drakestown
Road, Mount Olive, NJ for a public hearing consideration of said
reading and passage of said ordinance and that the Clerk be directed
to publish, post and make available such ordinance in accordance
with the requirements of law.
Mr. Rattner: Second.
President Perkins: Second, thank you. Any Council discussion?
Seeing none, Roll Call, please.
ROLL CALL - Passed Unanimously
President Perkins: The next item on the Agenda is entitled:
Ord.#20-2008 An Ordinance of the Township of Mount Olive Establishing
Recreation Fees for Various Township Sponsored Recreational Activities.
President Perkins: Mr. Greenbaum?
Mr. Greenbaum: Thank you.
Mrs. Labow: You’re welcome.
Mr. Greenbaum: I move that Ord. #20-2008 be introduced by title
and passed on first reading and that a meeting be held on April
8th, 2008 at 7:30 p.m. at the Municipal Building, 204 Flanders-Drakestown
Road, Mount Olive, NJ for a public hearing consideration of said
reading and passage of said ordinance and that the Clerk be directed
to publish, post and make available such ordinance in accordance
with the requirements of law.
Mr. Tepper: Second.
President Perkins: Any Council comments? Seeing none, Roll Call,
please.
ROLL CALL – Passed Unanimously
President Perkins: The next item on the Agenda for first reading
is entitled:
Ord.#21-2008 An Ordinance of the Township of Mount Olive Establishing
Salaries of Mayor, Council, Department Heads, Supervisory Personnel
and Employees of the Township Clerk’s Office for the Year
2008.
President Perkins: Mr. Tepper?
Mr. Tepper: Are we going to do this per what was discussed in
the Workshop, removing Section 5?
President Perkins: You’re going to have to introduce it
and then we can discuss it.
Mr. Tepper: Okay, I move that Ord. #21-2008 be introduced by title
and passed on first reading and that a meeting be held on April
8th, 2008 at 7:30 p.m. at the Municipal Building, 204 Flanders-Drakestown
Road, Mount Olive, NJ for a public hearing consideration of said
reading and passage of said ordinance and that the Clerk be directed
to publish, post and make available such ordinance in accordance
with the requirements of law.
Mrs. Labow: Second.
President Perkins: Thank you. Now, Council discussion.
Mrs. Lashway: Make a motion to amend.
Mr. Tepper: I will move that we…
President Perkins: Make a motion to amend.
Mr. Tepper: Motion to amend per discussion and Workshop to remove
Section 5.
Mr. Rattner: Second.
President Perkins: Second. We need a Roll Call on that, please.
Mr. Greenbaum: This is on to amend?
President Perkins: Yes, to remove Section 5 from the ordinance.
ROLL CALL – Amendment passed with the exception Mr. Greenbaum,
Mr. Tobey and Mr. Perkins voted no
Mrs. Lashway: Okay, the amendment passes. Roll Call on the ordinance
as amended.
President Perkins: Without Section 5. This is on the base salary
ordinance.
ROLL CALL – Passed with the exception Mr. Greenbaum voted
no
President Perkins: That takes us into Consent Resolutions Agenda…
Mr. Greenbaum: Ray, I’m sorry, on this issue I have another
ordinance that I’d like to have considered for first reading.
President Perkins: For this meeting, or next?
Mr. Greenbaum: For this meeting.
Mrs. Labow: Without being advertised?
Mr. Greenbaum: Nothing’s been advertised at this point,
so we can...
Mrs. Lashway: Nothing’s been advertised.
Mr. Greenbaum: And that’s why I’d like to have an
ordinance considered indicating:
Ord.#22-2008 The Mayor and Township Council recommend a one time
award of Administrative personnel based upon their responsibilities.
These awards will not be added to the base salary but rather
will be paid in one lump sum payment. The 2008 one time award
shall be as follows:
Business Administrator $500
Director of Finance/CFO/Treasurer $500
Chief of Police $500
Director of Public Works $500
Township Clerk $500
Director of Health/Health Officer $500
Construction Code Official $400
Court Administrator $400
Planning Administrator $400
Tax Assessor $400
Fire Marshall $400
Recreation Supervisor $400
Supervisor of Parks, Buildings and Grounds $400
Tax Collector $400
Deputy Township Clerk $400
Asst. to the Township Clerk (hired 6/15/07) $150
Fire Inspector $300
Chief Sanitarian $300
Senior Citizen Director $300
LAN Administrator $300
Grant Coordinator $300
Mr. Greenbaum: This ordinance shall take effect in accordance
with the law, and it shall be signed by Raymond T. Perkins, Council
President and I move that it be given the next ordinance number
which I assume is Ord. #22-2008. I move that Ord. #22-2008 be introduced
by title and passed on first reading and that a meeting be held
on April 8th, 2008 at 7:30 p.m. at the Municipal Building, 204
Flanders-Drakestown Road, Mount Olive, NJ for a public hearing
consideration of said reading and passage of said ordinance and
that the Clerk be directed to publish, post and make available
such ordinance in accordance with the requirements of law.
Mr. Tobey: Second.
President Perkins: Council discussion?
Mr. Tepper: I’d like to understand from the Administration
how they selected the amounts and differentiated between the different
levels as to what would be awarded.
Mayor Scapicchio: Bill?
Mr. Sohl: It was in the document I handed you two weeks ago. It
was broken down by three categories. Department Heads $500, those
individuals that have direct reports, or in other words they fulfill
a supervisory capacity, $400, and $300 for those few individuals
who have no direct reports but are otherwise exempt.
Mr. Tepper: So it has nothing to do with performance assessment.
You just made a decision that you want to give people a bonus.
Mr. Sohl: If you want to call it that.
Mr. Tepper: Well, I’d like to know what you’d call
it then.
Mr. Sohl: It’s performance in a sense that everybody that’s
being so treated has been satisfactory or above.
Mr. Tepper: Then why isn’t it included in salary?
Mr. Sohl: Because if you do that it bumps automatically on an
ongoing basis.
Mayor Scapicchio: What we tried to do here, Russ, is that we tried
to set a bar. Let’s back up a second. You know, let’s
all understand that these employees have not had an evaluation
done for as long as I can remember.
Mr. Tepper: I don’t disagree. We’ve raised this for
the two years that I’ve been on Council that they should
Mr. Tepper (Cont’d): have been done.
Mayor Scapicchio: There’s no doubt. Bill and I put a lot
of thought into the evaluation. Bill did all of the evaluations,
with the exception of his own, and the ones that…
Mr. Sohl: Well, the ones that don’t report directly.
Mayor Scapicchio: That’s correct. What we wanted to do is
we wanted to set the bar, and the bar is the stipends, the $500,
the $400, and the $300. Next year you might not see all of these
same individuals get the same stipend. We’re starting from
zero and we wanted to have a base to start from, and that’s
what we did here, you know. You can agree. You can disagree. That’s
our recommendation whether you accept it or not is up to you folks,
you know. Really what, I mean, I’ll speak for myself. I mean,
really what I’m asking these employees to do is to work a
little harder and do a little bit more with less people, and I
want to reward them for that. That’s my position.
Mrs. Labow: Ray?
President Perkins: Mrs. Labow.
Mrs. Labow: Mayor, I had a call from Megan from the Daily Record
today and she had asked the same question. She said, actually my
response to her actually was that we ask our employees to do a
lot with less and less all the time, and that I felt it was appropriate
to give, you know, this stipend or bonus, whatever you want to
call it. Her question to me, and I really had no idea what to answer,
she said, “It is it unusual to start a program and start
it out with a bonus? Why wouldn’t you have the evaluations
and then go forward from there?” But I do agree that the
staff or employees have gone through a lot in the past four or
five years. Every single time they have stepped up and filled in
all the gaps and done a really great job on everything everywhere,
every step of the way. Just to answer that question, I don’t
know if she, she said, I don’t know if she spoke to you…
Mayor Scapicchio: She didn’t call me and I would have responded,
but I’m not going to respond to a question from a reporter
who is not here at a public meeting on something that I’m
proposing. I mean if she wants to have that kind of input let her
run for office.
Mrs. Labow: No, I’m just saying it was an interesting question.
Mayor Scapicchio: I don’t think, I don’t find it…
Mrs. Labow: I told her I had no, I felt it was appropriate.
Mayor Scapicchio: I don’t find it to be an interesting question
quite frankly.
Mrs. Labow: I would disagree.
President Perkins: Any other Council comments? Roll Call, please.
ROLL CALL – Passed with the exception Mr. Tepper, Mr. Perkins
and Mr. Rattner voted no
Mr. Greenbaum: So it passed for first reading?
Mrs. Lashway: Yes.
President Perkins: It passed for first reading.
CONSENT RESOLUTIONS AGENDA:
Resolutions on the Consent Agenda List are considered to be routine
and non-controversial by the Township Council and will be approved
by one motion (one vote). There will be no separate discussion
or debate on each of these resolutions except for the possibility
of brief clarifying statements that may be offered. If one or more
Council member requests, any individual resolution on the Consent
Agenda may be removed from the Consent Agenda List and acted on
separately.
CONSENT RESOLUTIONS
1. Resolution of the Township Council of the Township of Mount
Olive Authorizing the Release of Cash Performance Bond and Surety
Bond in Connection with Woodfield at Mount Olive, Section III C.
2. Resolution of the Township Council of the Township of Mount
Olive Authorizing the Budd Lake First Aid & Rescue Squad to
Sell Excess Equipment.
3. Resolution of the Township Council of the Township of Mount
Olive Relative to the Mount Olive Memorial Day Parade on Monday,
May 26, 2008.
4. Resolution of the Township Council of the Township of Mount
Olive Celebrating the 30th Anniversary of the Mount Olive Child
Care and Learning Center.
5. Resolution of the Township Council of the Township of Mount
Olive Opposing the Abolishment of the New Jersey Department of
Agriculture.
6. Resolution of the Township Council of the Township of Mount
Olive Authorizing the Filing of a Grant Application to ANJEC and
Committing Matching Funds.
7. Resolution of the Township Council of the Township of Mount
Olive Amending the 2008 Temporary Budget for the Current Fund.
8. Resolution of the Township Council of the Township of Mount
Olive Authorizing a Grant Application to the Morris County Historic
Trust for 2008.
9. Resolution of the Township Council of the Township of Mount
Olive Authorizing the Cancellation of a General Capital Ordinance
Balance.
President Perkins: Does any Council member wish to have any of
the Consent resolutions removed and put on Non Consent.
Mrs. Labow: Four and five.
President Perkins: Anyone else? Mr. Roman, would you move Consent
resolutions 1, 2, 3 and 6 through 9, please?
Mr. Roman: I move Consent resolutions 1 through 3 and 6 through
9.
Mr. Tobey: Second.
President Perkins: Second, thank you. Roll Call, please.
Mrs. Lashway: You’re not going to open it up to the public?
PUBLIC PORTION ON CONSENT RESOLUTIONS
President Perkins: Oh, I’m sorry, anybody from the public
wish to comment on any of the Consent resolutions? Mr. Russell.
Nelson Russell, Budd Lake: I don’t have an Agenda so I don’t
know the number of this one but it’s the one opposing the
abolishment of the Department of Agriculture.
Mrs. Labow: That one I removed.
Mr. Tepper: It’s on Non Consent.
Mr. Russell: That’s Non Consent? Okay, I’ll come back
when that’s up.
President Perkins: Anyone else? Now what?
Mrs. Lashway: Council comments.
COUNCIL COMMENTS ON CONSENT RESOLUTIONS
President Perkins: Council comments on any of the Consent resolutions?
None, Roll Call.
ROLL CALL – Passed Unanimously
RESOLUTIONS NON CONSENT
President Perkins: That moves us to Resolution #4. Who wanted
that on?
Mrs. Lashway: Colleen.
President Perkins: Colleen, would you?
Mrs. Labow: Yes. I’d like to move Resolution #4 please.
4. Resolution of the Township Council of the Township of Mount
Olive Celebrating the 30th Anniversary of the Mount Olive Child
Care and Learning Center.
President Perkins: Do I have a second?
Mr. Roman: Second.
President Perkins: Any Comments from the public?
Mr. Russell: Is that the one on abolishment?
Mr. Greenbaum: No, we’ll tell you when it’s your turn.
President Perkins: Next one. Colleen?
Mrs. Labow: The reason I asked for it to be removed was because
the Mount Olive Child Care Center, where it says “Whereas,” they
want to have included in, “Whereas the MOCCLC has been recertified
by NAEYC of which less than 10% nationwide qualify.” They
want to have that added to that resolution so we can amend it.
Mrs. Lashway: Whereabouts do you want to put that?
Mrs. Labow: Anywhere, well, before the last paragraph obviously.
Mrs. Lashway: Okay.
Mrs. Labow: So, I’d like to make a motion to move it as
amended.
Mr. Perkins: Do I have a second?
Mr. Roman: Second.
Mrs. Lashway: Wait a minute, doesn’t it…
Mrs. Labow: It was moved and seconded, but then I amended it.
Mrs. Lashway: Okay.
Mr. Rattner: I’d like to get a ruling from the Township
Attorney. Everybody knows that I’m a Trustee of the Daycare
Center, however, since it’s not financial and it’s
just congratulations, am I able to vote, or should I recuse…?
Mr. DiYanni: Yes.
Mr. Rattner: Okay, it’s not a conflict?
Mr. DiYanni: No.
Mr. Rattner: Thank you.
Mr. Tepper: You can pat yourself on the back.
Mrs. Labow: Can I pat him harder?
Mr. Rattner: I don’t want to find it on the floor by the
time I get home.
Mrs. Lashway: Okay, this is a Roll Call on the amendment.
ROLL CALL – Passed Unanimously
Mr. Perkins: That brings us to…
Mrs. Labow: No, we have to vote on the, do we have to vote on
the resolution?
Mr. Tepper: We have to now vote on the amended resolution.
President Perkins: We just did.
Mrs. Labow: We voted on the amendment now we have to vote on the
resolution.
Mr. DiYanni: I think you moved it as amended.
President Perkins: Moved it as amended.
Mrs. Labow: I moved it as amended, so, okay, because Lisa said
we were voting on the amendment. We were actually voting on the
amended…
President Perkins: No, voted on the amended resolution.
Mrs. Labow: It’s late. We’re tired.
President Perkins: That brings us to Resolution #5. Mrs. Labow?
5. Resolution of the Township Council of the Township of Mount
Olive Opposing the Abolishment of the New Jersey Department of
Agriculture.
Mrs. Labow: Yes, I’d like to move Resolution #5.
President Perkins: Do I have a second?
Mr. Tepper: Second.
President Perkins: Thank you. From the public?
PUBLIC PORTION ON INDIVIDUAL RESOLUTIONS
Nelson Russell, Budd Lake: On the subject amendment, this second
whereas clause is interesting but not particularly germane.
Mrs. Lashway: My fault.
President Perkins: Chester?
Mr. Tepper: Actually that would be Mount Olive Township.
Mrs. Lashway: I will amend it.
Mr. Perkins: Well Chester’s been pretty proactive.
Mrs. Lashway: I just retyped it from Chester’s resolution.
Mr. Russell: Thank you.
Mr. Tepper: It should be Mount Olive.
President Perkins: Anyone else from the public? Seeing none, anyone
from the Council? Mr. Tepper.
COUNCIL COMMENTS ON INDIVIDUAL RESOLUTIONS
Mr. Tepper: I’ve been approached by the Ashley’s asking
that we recommend said resolution. They feel that any of the farmers
that would have to now deal with the DEP rather than with the Department
of Agriculture that the DEP is difficult enough to deal with now
with the Highlands, become more ensconced with additional work
that they would not be responsive at all. So they have asked that
we not only support it but encourage
Mr. Tepper (Cont’d): other Towns to do so as well.
Mrs. Labow: That was what I had asked.
President Perkins: Mr. Greenbaum?
Mr. Greenbaum: I would make a motion to amend this to instead
of opposing the abolishment of the Department of Agriculture, that
we send a resolution in favor of abolishing the government of the
State of New Jersey.
Mrs. Labow: Second, so moved.
Mr. Greenbaum: That was said tongue-in-cheek by the way.
President Perkins: Yes, thank you.
Mr. Tepper: The State Police will be at your house tomorrow.
President Perkins: Alright, Roll Call, Mrs. Lashway.
Mrs. Lashway: This is the Roll Call on the resolution not amended,
Mr. Greenbaum?
Mrs. Labow: No, amended for the Chester, though.
Mrs. Lashway: That’s a typo.
Mr. Greenbaum: I am going to vote no on this because I don’t
like these types of resolutions, number one. Number two, as I said
tongue-in-cheek, the smaller that government gets the better it
is for all of us.
Mr. Tepper: So we should eliminate the DEP and it would be a lot
more people.
Mr. Greenbaum: I agree.
ROLL CALL – Passed with the exception Mr. Greenbaum voted
no
Mr. Rattner: Mr. President?
President Perkins: Yes, Mr. Rattner.
Mr. Rattner: Before we go on there to the remainder of our Agenda
we got a memo, I guess forwarded to us by the Clerk, from the Administration
stating that an emergent situation came up where we’re not
going to be able to use Turkey Brook to provide water for the Goldmine
residents, the Goldmine water supply, and that they have to immediately
order the water tanker that they use for pressure, and there’s
no money in the budget. Do we have to pass something tonight so
that they have the ability to go out and get the…
Mr. Tepper: What happened? Why aren’t we allowed to connect?
Mrs. Labow: What happened?
Mr. Quinn: The tanker’s not needed immediately. This will
be once we get into the, closer to the summer season.
Mr. Rattner: You don’t have to order it right away?
Mr. Sohl: No.
Mr. Rattner: Okay, I just wanted to make sure because it sounded
like you said that you had to order it and I thought, you know…
Mr. Quinn: Yes, we got tied up with the permitting issues. Highlands
is a big part of this.
Mr. Rattner: No, I understand that part. I just want to make sure
the people up there had water.
Mr. Quinn: Yes, everything is operating fine up there at this
time. We’re concerned when we get into the drier summer seasons
where the water usage spikes, you know that.
Mr. Rattner: I told the Mayor I was going to bring it up just
to make sure that it didn’t need a resolution. I consider
it to be an emergent situation that we would address right away
if we had to.
Mr. Quinn: We’re in good shape right now. We want to just
have everything in order come summertime.
Mr. Rattner: Okay, thank you.
MOTIONS
President Perkins: Any comments or questions? That moves us to
the Bill List. Any questions on the Bill List? Mr. Russell. Didn’t
you go online?
Mr. Russell: I didn’t.
President Perkins: Oh, okay.
Mr. Tepper: It’s alright.
Mrs. Labow: Do you want mine, Nelson?
Mr. Roman: Mr. President, I have a question.
President Perkins: Yes.
Mr. Roman: Page 12, Penske Truck Leasing non contract repairs,
$9,438.16. What were they exactly for?
Mr. Quinn: I would have to go through all of the billings to give
you exactly what that whole charge is for. What I’m assuming
at this time, and I’ll confirm this for you, is the majority
of that is through the Road department snow removal equipment.
I don’t have the bills in front of me so I’m just guessing
that was the highest in February because of snowplow blade repairs,
the sanders, and the plows. So we did have a lot of out of contract…
Mr. Roman: So we haven’t had like an engine replacement
or a transmission replacement?
Mr. Quinn: Not in February. You will see an engine replacement
probably coming up in next month’s, in one of the Road department’s
pickup trucks.
Mr. Roman: Yes, if you could, I’d like to see what all that
was about because, yes, I see some other charges, but this one
stuck out like a sore thumb.
Mr. Quinn: Is that a single charge that you’re looking at,
or is that the total for the department?
Mr. Roman: One single payment for $9,438.16.
Mr. Quinn: I think that’s several added together because
I think Roads alone was $7,300 and then there were a couple smaller
departments that get billed out of the same, I think its category,
that were added to that to give you the $9,000, but for February
there were a lot of plow blade repairs, and repairs to sanders.
So that was the majority of that, not necessarily truck repairs,
and there was overtime for mechanics, overtime for snow situations.
Mr. Roman: Okay.
1. Bill List
President Perkins: Anyone else have any questions on the Bill
List? Seeing none, Mrs. Labow, would you move the Bill List, please?
Mrs. Labow: I’m so tired. I move the Bill List, please.
Mr. Rattner: Second.
President Perkins: Roll Call.
ROLL CALL – Passed with the exception Mr. Greenbaum and
Mrs. Labow voted no
ADMINISTRATIVE MATTERS
Mayor Scapicchio: Two matters, Ray, I don’t know if anybody
noticed but the fire damaged house on Route 206 has been demolished.
Also I want to just acknowledge that Mr. Dorsey has done an excellent
job with the Budd Lake Sewer assessment EDUs. I think he’s
settled all but one and that’s put a lot of money back into
the Budd Lake Sewer Utility.
President Perkins: Wasn’t that about $60,000, Mayor?
Mayor Scapicchio: I’m sorry.
President Perkins: Wasn’t that about $60,000?
Mr. Tepper: More than that.
Mr. Rattner: That was only one.
President Perkins: That was for the…
Mrs. Labow: There’s more than that.
Mr. Rattner: We got another one.
Mayor Scapicchio: That was only one. There’s been a few,
I mean, there was like seven and I think he settled six out of
the seven.
President Perkins: Six out of seven. Anything else from the Administration?
Mayor Scapicchio: Not from me.
OLD BUSINESS - none
NEW BUSINESS - none
LEGAL MATTERS
Mr. DiYanni: Just one thing for clarification. We had some struggles
with Ord. #17-2008, the vacation. For future reference also, as
a point of order, you may also motion to table it if you don’t
give a date specific. I may be telling you guys something you already
know, but if you motion to table something without a date specific,
it kills it as well. So, for future reference, instead of voting
no you also have the option of making a motion to table it without
a specific date to have it come back on the Agenda and that would
also kill the motion, kill the ordinance as well. Just as a point
of reference.
President Perkins: That’s it, Dominic?
Mr. DiYanni: Yes.
COUNCIL REPORTS
Recreation Liaison Report
Mr. Roman: Nothing of note to report.
Board of Health Report
Mrs. Labow: We met last week and had an excellent meeting. We
meet again next month. Nothing really outstanding to report other
than February 4th we had our final count for the Rabies Clinic
and it was 599 dogs that came through. That was a record.
Planning Board Report
Mr. Tepper: Just a note regarding the possible change in zoning
on the one lot associated with the Adult Center. It did have a
second hearing having to do with an office and warehouse being
established off of Goldmine Road where the Quarry was, and that
was approved.
Board of Adjustment Liaison Report
Mr. Roman: Nothing to report.
Open Space Committee Report
Mrs. Labow: I reported last time.
Legislative Committee Report
Mr. Rattner: Nothing to report.
Pride Committee Liaison Report
Mrs. Labow: I reported last time, last meeting.
President Perkins: Mr. Sohl, did you have at least a little bit
of good news?
Mr. Sohl: At the request of Council President Perkins and the
Pride Committee, I was asked to contact and see if we could renegotiate
with CBS Outdoor their agreement that they had with us for the
pair of billboards down on Route 206. One of those billboards,
the one facing north, they rent out. The one facing south we have
been using. Pride Committee has had a constant poster up there
overtime, changing it three or four times a year. It’s been
felt by the Pride Committee that ultimately we’d probably
be better off with a revenue source, and the initial offer on the
table from CBS was $3,000 for the first two years, moving up $500
a year over the course of the ten year lease, ending up at about
$5,000 for the ninth and tenth year. We went back to them and suggested
that’s fine, but we’d like a minimum percentage in
case you wind up leasing this thing out on a much more full time
basis. They said fine. So we’ve got either, for the first
year where we get $3,000 and then on the anniversary twelve months
from then we’ll look at either $3,000 or 25% of their revenue
after commission, whichever is greater. Then, likewise, it will
increase incrementally. So I sent that off and the lease was received
yesterday. We sent it off to John for review and hopefully we’ll
have it on a resolution next week, two weeks for now.
President Perkins: Perfect.
Mrs. Labow: Can I ask a question, Ray?
President Perkins: I just want to say for the record that Councilman
Greenbaum was instrumental as Council President last year in pushing
someone to try to get either the billboard changed or to lease
it out so that we could end up getting some revenue from it. Thank
you, Rob, for bringing that to our attention last year and it appears
that the Administration is coming up with an agreement that will
bring a revenue stream in to offset the costing for some of our
volunteer committees. Mrs. Labow?
Mrs. Labow: Bill, is the Pride Committee going to have the billboard
twice a year?
Mr. Sohl: No times a year.
Mrs. Labow: No times, okay.
Mr. Greenbaum: It was always my intent that that money be earmarked
for use by the Pride Committee.
Mr. Sohl: And that would be our recommendation from an Administrative
perspective, to use it for Pride or a combination of Pride and
Economic Development Committee, however the governing body chooses
to see that allocated.
President Perkins: Excellent. Good work, Bill, thank you.
Mrs. Labow: Very good, thank you.
Board of Education Liaison Report
Mr. Tobey: There was a meeting last evening. It was actually the
final budget hearing. I would say that the attendance was certainly
not as high as the previous meetings. The vote is April 15th. There
is a second question, which amounts to $848,000 and that encompasses
various programs, activities, and I believe some sporting teams.
There was a third question that was proposed with regards to the
new roof at Mountain View Mr. Tobey (Cont’d): School but
that was denied by the County. I guess we’ll see what happens.
Lake/Environment Issues Committee
Mr. Rattner: I wasn’t able to attend the last meeting due
to a conflict, but you heard that they were disappointed in the
vote on the Boathouse.
Safety Committee Liaison
Mr. Greenbaum: We were set to meet this month regarding the daytime
first aid squad but the meeting was cancelled primarily due to
the unavailability of the Budd Lake Rescue Squad to attend the
meeting. So it will have to be rescheduled.
Finance Committee Report
Mr. Rattner: Nothing to report, but I will tell you that Mr. Tepper
and I, and probably you, will meet before the next Council meeting
when we’re going to be discussing the budget. In that we’ll
include at least one meeting with the Administration so we can
try working out all the different issues before we get here.
President Perkins: And you’ll coordinate the scheduling?
Mr. Rattner: Yes.
President Perkins: Thank you.
Economic Development Committee Report
Mr. Rattner: We should be starting back up again as our chairman
comes back from his summer home.
President Perkins: Summer home?
Mr. Rattner: His winter home.
Solid Waste Advisory Committee Report
Mr. Labow: We meet next month, yes, April. We didn’t meet
in March.
Library Board Liaison
Mr. Tepper: Nothing to report.
PUBLIC PORTION
President Perkins: That takes us to the public portion again.
Anyone from the public? Anyone at all? Mr. Russell.
Nelson Russell, Budd Lake: Thank you, Mr. Chairman, Ord. #13-2008
having to do with recycling for multifamily housing units. Mr.
Dorsey pulled me out and explained a couple of things to me. One
is that there already is a recycling requirement for existing multifamily
housing. Two, we don’t have the power to go back and retroactively
require existing housing to provide the space. There was a letter
to that effect which is lost in his computer which he will be forwarding.
I suggested that he also send a copy to the Planning Board. Ord.
#19-2008, I’d like to wordsmith a little bit. “No demolition
permit for residential or non residential structure.” I think
just structure is appropriate. The two just, kind of, are all inclusive. “Shall
be issued by the Construction code official until same…” Are
we talking “same,” are we talking about the permit
or are we talking about the structure? I think the term “structure” should
be replaced for “same.” “It’s been reviewed
by the Fire Chief within whose jurisdiction the structure is located,
and his approval or recommendations are received by the Construction
Code official.”
Mr. Sohl: What’s the question?
Mr. Russell: Have been received by the Construction Code official.
Mr. Tepper: Is that a question, or…?
Mr. Russell: Just my suggestions.
President Perkins: Thank you, Mr. Russell. Anyone else from the
public? Alright, seeing none that takes us to Council comments.
COUNCIL COMMENTS
Mr. Greenbaum: Yes, I’d like to thank those members of the
Council that voted in favor of the ordinance for first reading
related to the salary. I’m going to call them adjustments.
The non-union staff has kept the Township afloat for, as Mrs. Labow
has said, probably the last four or five years. I don’t need
a review by the Administration to tell me that they are all doing
a great job on behalf of the Township. The amount of money which
we have allocated at least for discussion by way of public hearing
is de minimis in the scheme of the things that we do. These are
people who don’t get longevity, who don’t get many
of the benefits that the union employees get. They do get other
benefits in terms of many other benefits that the union employees
don’t have, which are non-monetary and which are commensurate
with their positions as supervisors, but I think it is a token
of appreciation that we have at least put on for discussion. I
would hope that all of you that voted no would change your mind
when this comes up on April 8th, and agree to the salary adjustments
as set forth in the proposed ordinance.
President Perkins: Thank you. Mr. Tepper?
Mr. Tepper: I don’t disagree with Mr. Greenbaum’s
point that the people are all doing an excellent job. I believe,
however, that if they are going to be recognized for it there’s
no reason that it shouldn’t be included in their salary as
such, and it shouldn’t be a one time thing. The people that
are doing the work should be recognized and rewarded in that fashion,
and providing one time events, you’re creating an expectation
for ongoing one time events. The moment we start giving people
different amounts we’re going to have issues that we haven’t
clarified what the basis is so I believe, since they are doing
the job, they should be recognized by having their salaries increased.
President Perkins: Thank you, Mr. Tepper. Mr. Roman?
Mr. Roman: No comment.
President Perkins: Mrs. Labow?
Mrs. Labow: No comment.
Mr. Rattner: No comment.
Mr. Tobey: No comment.
President Perkins: And I have no comment. With that, I’ll
take a motion for adjournment.
ADJOURNMENT
Motion was made and seconded, all in favor and none opposed, the
meeting was adjourned at 11:01 pm.
_________________________________
Raymond T. Perkins, Council President
I, LISA 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 April 08, 2008.
______________________________________
Lisa Lashway, Township Clerk
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