MOUNT OLIVE TOWNSHIP COUNCIL MINUTES - MAY 20, 2008

The Regular Public Meeting of the Mount Olive Township Council was called to Order at 8:44 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, Mr. Greenbaum

Absent: none

Also Present: David Scapicchio, Mayor; Bill Sohl, Business Administrator; Sherry Jenkins, CFO; John Dorsey, Township Attorney; Lisa Lashway, Township Clerk

Questions on Bill List?

President Perkins: That brings us to questions on the Bill List. Anyone else from the Council have any questions on the Bill List? Anyone else from the public? Seeing none, thank you. That takes us to Approval of Minutes of Previous Meetings. Mr. Tepper, would you introduce them, please?

APPROVAL OF MINUTES OF PREVIOUS MEETINGS

Mr. Tepper: Yes, Mr. President, I move for approval of meeting Minutes for, if I could find it here I will read it.

Mrs. Labow: May 6th.

Mr. Tepper: Hang on guys, and I’ll get to the right page.

May 6, 2008 WS, CS & PM
All present

Mrs. Labow: Second.

President Perkins: Roll Call, please. Discussion on the Minutes? Seeing none, Roll Call, please.

ROLL CALL – Passed Unanimously

CORRESPONDENCE

LETTERS FROM RESIDENTS / ORGANIZATIONS

1. Information received May 5, 2008, from the Mount Olive Area Chamber of Commerce regarding the May Business Meeting regarding “Time Management.” PDF Correspondence

2. Letter received May 5, 2008, from the North Jersey Transportation Planning Authority, Inc. regarding the Northwest New Jersey Bus Study Local Stakeholder Groups. PDF Correspondence

3. Letter received May 7, 2008, from Linda and Bill Sohl regarding the purchase of a 10’ x 10’ gazebo in memory of Charlie Johnson.

4. Letter received May 14, 2008, from Joseph Funari regarding hauling of water. PDF Correspondence

RESOLUTIONS / ORDINANCES / CORRESPONDENCE OTHER TOWNS

5. Notice received May 5, 2008, from Washington Township regarding Public Hearing on the Master Plan – Land Use Element. PDF Correspondence

6. Notice received May 12, 2008, from Chester Township regarding a Public Hearing on Land Use Ordinances 2008-8 and 2008-9. PDF Correspondence

7. Letter received May 12, 2008, from Randolph Township regarding the State Budget shifting costs, COAH obligations. PDF Correspondence

MUA / MSA

8. Minutes received May 9, 2008, from the Musconetcong Sewerage Authority regarding the April 2, 2008 meeting. PDF Correspondence

DOT / DEP / LOI / HIGHLANDS

9. Letter received May 5, 2008, from the State of New Jersey, Department of Environmental Protection regarding No Further Action Letter and Covenant Not to Sue, for Little Learner Academy Block 4100, Lot 118 (30 Old Budd Lake Road) PDF Correspondence

10. Letter received May 5, 2008, from the State of New Jersey Department of Environmental Protection, Bureau of Coastal and Land Use Compliance and Enforcement, Highlands Office regarding Robert Laferrara Farm Property Case Closeout. PDF Correspondence

11. Letter received May 5, 2008, from Sevee & Maher Engineers, Inc. regarding Application for Highlands Applicability Determination for NJAW West Jersey System Academy Lane Station – Well No. 3 and Pine Grove Road Station – Well No. 5 in Mt. Olive Township, New Jersey. PDF Correspondence

12. Notice received May 12, 2008, from New Jersey Transit Corporations (NJ TRANSIT) regarding public hearings to be held on the Senior Citizen and Disabled Resident Transportation Assistance Act (SCDRTAP). PDF Correspondence

13. Letter received May 15, 2008, from the State of New Jersey, Department of Environmental Protection regarding Mount Olive W.D. Goldmine, Permit Application WCP080003. PDF Correspondence

MORRIS COUNTY

13.14. Letter received May 5, 2008, from the Office of the Morris County Counsel regarding Public Notice concerning Park Improvement Trust Allocation expenditures. PDF Correspondence

15. Letter received May 14, 2008, from Morris County Community Development regarding Morris County Community Development and Home Program Federal Fiscal Years 2009, 2010, and 2011. PDF Correspondence

DCA

14.16. E-mail received May 9, 2008, from the Department of Community Affairs regarding State Budget Forum. PDF Correspondence

LEAGUE OF MUNICIPALITIES

15.17. E-mail received May 5, 2008, from the New Jersey League of Municipalities regarding State Budget Summit. PDF Correspondence

16.18. E-mail received May 5, 2008, from the New Jersey League of Municipalities regarding Information from the Director of the Division of Local Government Services, Paid Family Leave and Follow Up on the Childcare Survey. PDF Correspondence

17.19. E-mail received May 6, 2008, from the New Jersey League of Municipalities regarding Water Utility Rates Legislative Hearings Soon, A-500 Affordable Housing, Pay to Play and Ethics Regulations, and Local Unit Alignment, Reorganization and Consolidation Commission (LUARCC) News. PDF Correspondence

18.20. E-mail received May 8, 2008, from the New Jersey League of Municipalities regarding COAH Regulations, Affordable Housing, Problem-Solving Negotiation: A Skill Development Seminar, Federal Update from Washington, D.C. – Priority Housing Bills Head to the House Floor – Vote Yes! and New Office of the State Comptroller – Statutory Reporting Requirements. PDF Correspondence

19.21. E-mail received May 9, 2008, from the New Jersey State League of Municipalities regarding State Budget Summit – A Must Attend Event! PDF Correspondence

20.22. E-mail received May 12, 2008, from the New Jersey State League of Municipalities regarding an Issues Brief. PDF Correspondence

21.23. E-mail received May 13, 2008, from the New Jersey State League of Municipalities regarding S-986/A-2178, as amended Private Collection of Property Taxes, Final Reminder: State Budget Summit – Must Attend Event, and Federal Update for Period Ending May 9, 2008. PDF Correspondence

22.24. E-mail received May 13, 2008, from the New Jersey State League of Municipalities regarding State Budget Summit with Press Release and S-1137, Expands Scope of Negotiation. PDF Correspondence

23.25. E-mail received May 14, 2008, from the New Jersey State League of Municipalities regarding the 2008 Municipal Directory. PDF Correspondence

24.26. E-mail received May 15, 2008, from the New Jersey State League of Municipalities regarding State Revenue Estimates Revised, S-1137 and S-1783. PDF Correspondence

UTILITIES

25.27. Letter received May 12, 2008, from Comcast regarding Channel Changes. PDF Correspondence

26.28. Letter received May 15, 2008, from Comcast regarding Channel Changes. PDF Correspondence

TORT

27.29. Notice of Tort Claim received May 13, 2008, from Thomas A. McCarter on behalf of Narciso Montero and Haydee Montero. PDF Correspondence

LETTERS FROM LEGISLATIVE REPRESENATIVES

30. E-mail received May 4, 2008, from Congressman Rodney Frelinghuysen regarding It has now been 76 days since the Protect America Act expired, Frelinghuysen hails Pentagon decision on mental health, Assuring access to college, House passes historic ban on genetic discrimination, Frelinghuysen opens new Picatinny Emergency Operation Center, Stimulus rebate payments begin, beware of tax rebate scams, Frelinghuysen briefs Somerset business partnership, and Spread the E-news! PDF Correspondence

28.31. E-mail received May 9, 2008, from Congressman Rodney Frelinghuysen regarding Pushing bi-partisan energy solutions, Don’t play politics with funding for our troops, 83 days later and the Senate-passed FISA has not been considered in the House, Frelinghuysen co-sponsors bills designed to boost housing, New Protections for America’s “intellectual property,” 10 new Officers in the United Sates Army, and Spread the E-News! PDF Correspondence

President Perkins: We have 31 pieces of Correspondence. Does any member of the Council wish to discuss any individual piece or any of those pieces of Correspondence? Seeing none, we will move on. That takes us to Ordinances for Public Hearing. I open the hearing to the public on Ord. #26-2008, entitled:

ORDINANCES FOR PUBLIC HEARING

Ord. #26-2008 Bond Ordinance Providing for the Addition of a Filtration System for Flanders Well #2 in and by the Township of Mount Olive, in the County of Morris, New Jersey, Appropriating $1,000,000 Therefor and Authorizing the Issuance of $1,000,000 Bonds or Notes of the Township for Financing the Cost Thereof.

President Perkins: Anyone from the public wish to be heard on that ordinance? Seeing none, I close it to the public. Mr. Roman?

Mr. Roman: I move for adoption and final passage of Ord. #26-2008.

Mrs. Labow: Second.

President Perkins: Any Council discussion? Seeing none, Roll Call.

ROLL CALL – Passed Unanimously

ORDINANCES FOR FIRST READING – (Public Hearing June 10, 2008)

President Perkins: That takes us to Ordinances for First Reading with a Public hearing scheduled for June 10, 2008. The next item on the Agenda for First Reading is Ord. #27-2008, entitled:

Ord.#27-2008 An Ordinance Granting Permission and Consent to Applied Wastewater Management, Inc. to Construct, Install and Operate Equipment, Wells, Pipes and Mains for a Water Supply System Within Certain Designated Areas of the Township of Mount Olive Commonly Known as “Morris Chase” and “Morris Hunt.”

President Perkins: Mrs. Labow would you move that, please?

Mrs. Labow: Thank you, Mr. President. I move that Ord. #27-2008 be introduced by title and passed on first reading and that a meeting be held on June 10, 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.

President Perkins: Council discussions?

Mr. Tepper: Mr. President, this is the one that makes it temporary?

Mr. Dorsey: Yes, this is the one that makes it temporary, unfortunately, as I explained. Somehow the indemnification agreement with Toll to guarantee the turnover just didn’t get it done.

Mr. Tepper: But is forthcoming.

Mrs. Labow: John?

Mr. Dorsey: I have it.

Mr. Tepper: Okay, thank you.

Mrs. Labow: John, it’s in our Workshop section. It was in there, the indemnification section in our Workshop portion of our folder.

Mr. Dorsey: Well, let me see.

Mrs. Labow: 26… Oh, wait, is it 26? Maybe it’s 27.

Mrs. Lashway: No, we don’t have an indemnification in here.

Mrs. Labow: Okay, I’m sorry, it was number 27. It was 27-2008. Sorry.

Mr. Dorsey: I physically have the indemnification agreement that was sent to me by Joel Kolbert.

Mr. Tepper: Alright.

Mrs. Labow: And this is for the temporary.

President Perkins: Temporary.

Mrs. Labow: Temporary water franchise.

President Perkins: No Council discussion? Lisa, would you Call the Roll, please?

ROLL CALL – Passed with the exception Mrs. Labow voted no

President Perkins: The next item on the Agenda for First Reading is Ord. #28-2008, entitled:

Ord. #28-2008 An Ordinance of the Township of Mount Olive Granting Permission to Applied Wastewater Management, Inc. to Construct, Install and Operate Equipment, Pipes and Mains for the Operation of a Wastewater Collection and Treatment System Within Certain Designated Areas of the Township of Mount Olive Commonly Referred to as “Morris Chase.”

President Perkins: Mr. Rattner, would you move that, please?

Mr. Rattner: Thank you, Mr. President. I move that Ord. #28-2008 be introduced by title and passed on first reading and that a meeting be held on June 10, 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.

President Perkins: Do I have a second?

Mr. Roman: Second.

President Perkins: Thank you. Any Council discussions? Seeing none, Roll Call, please?

ROLL CALL – Passed with the exception Mrs. Labow voted no

President Perkins: The next item on the Agenda for First Reading is Ord. #29-2008, entitled:

Ord.#29-2008 An Ordinance of the Township of Mount Olive Granting Permission and Consent to Applied Wastewater Management, Inc. (AWWM) to Construct, Install and Operate Equipment, Wells, Pipes and Mains for a Water Supply System Within the Township of Mount Olive in the Development Commonly Referred to as “Morris Chase” and “Morris Hunt” and Rescinding the Obligation of Toll Brothers, Inc. (TOLL) to Convey to the Township the Water System Being Developed by AWWM.

President Perkins: Mr. Tobey, would you move that?

Mr. Tobey: Yes, I move that Ord. #29-2008 be introduced by title and passed on first reading and that a meeting be held on June 10, 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. Council discussion?

Mrs. Labow: I just wanted to say one thing. “Water” is spelled with one “e” in the title. “Wastewateer” is it, or “water”? Not that it’s that important.

President Perkins: No.

Mr. Tepper: It’s like Target.

Mrs. Labow: Yes, there you go.

President Perkins: What’s wrong with Target?

Mr. Rattner: I guess Dan Quayle wrote it.

Mr. Dorsey: Shut up. What are you talking about?

Mrs. Lashway: On the Agenda or on the actual…?

Mrs. Labow: On the actual ordinance, “wastewater” is spelled “teer.” The fifth line down.

President Perkins: Mayor?

Mayor Scapicchio: Ray, would this be an appropriate time for the Administration to state their concerns and their position with regard to this ordinance?

President Perkins: Sure.

Mayor Scapicchio: Tim?

Mr. Dorsey: Well, maybe it would be more appropriate to have the public hearing.

President Perkins: Yes, that’s what I would have voted with.

Mr. Dorsey: Don’t you think that it would be more important, more appropriate at the Public Hearing?

Mayor Scapicchio: We can do that. That’s why I asked the question. We can defer.

Mr. Dorsey: Well, the Council President would never stop you from speaking.

Mayor Scapicchio: No, we can defer.

Mr. Dorsey: You ask me and I’ll tell you it’s more appropriate in public.

Mr. Rattner: Boy, that’s real nice of you.

Mr. Dorsey: What are they talking about over there?

President Perkins: This ordinance originally… Excuse me?

Mr. Tepper: Are we having discussion or are we voting?

President Perkins: Yes, we’re on discussion right now.

Mr. Rattner: Mr. Dorsey’s still trying to find the extra “e.”

Mr. Dorsey: I don’t know what he’s talking about. I’m sorry.

President Perkins: I will defray to the public portion any comment on this. I will be voting no for this ordinance. I don’t know, we seem to have gotten to a very bad place. It’s a once in a lifetime opportunity. I don’t see where it’s going to pass, and I do not want to belabor the turning over of an appropriate franchise temporary or otherwise. So with that, Lisa, would you Call the Roll, please?

ROLL CALL – Defeated with Mr. Tepper, Mr. Roman, Mr. Tobey, and President Perkins voting no. Mr. Greenbaum, Mrs. Labow, Mr. Rattner, voted yes.

Mr. Tepper: You tried, Rob.

Mr. Dorsey: Well, if we have that count correctly, this ordinance is not introduced.

President Perkins: That is correct. The next item on the Agenda for First Reading is Ord. #30-2008, entitled:

Ord. #30-2008 An Ordinance of the Township of Mount Olive Authorizing Four Speed Humps on Tinc Road Pursuant to N.J.S.A. 39:4-8.10.

President Perkins: Mr. Greenbaum, would you move that, please?

Mr. Greenbaum: Certainly, I move that Ord. #30-2008 be introduced by title and passed on first reading and that a meeting be held on…

President Perkins: June 10th.

Mrs. Labow: June 10th.

Mr. Greenbaum: June 10, 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.

President Perkins: Do I have a second?

Mr. Rattner: Second.

President Perkins: Thank you. Any Council discussion? Seeing none, Roll Call, please.

ROLL CALL – Passed Unanimously

CONSENT RESOLUTIONS AGENDA:

Resolutions on the Consent Agenda List are considered to be routine and non-controversial by the Township Council and will be approved by one motion (one vote). There will be no separate discussion or debate on each of these resolutions except for the possibility of brief clarifying statements that may be offered. If one or more Council member requests, any individual resolution on the Consent Agenda may be removed from the Consent Agenda List and acted on separately.

CONSENT RESOLUTIONS

1. Resolution of the Township Council of the Township of Mount Olive Authorizing a Reduction in the Performance Guarantees Submitted by Kaplan Companies for Woodfield @ Mount Olive Section IIIB. PDF Resolution

2. Resolution of the Township Council of the Township of Mount Olive Authorizing the Release of Performance Guarantees in Connection with Smith & Dellamo (Callaremi Lincoln Mercury, Inc.). PDF Resolution

3. Resolution of the Township Council of the Township of Mount Olive Amending a Contract with Realty Appraisal Co. for the Preparation and Execution of a Complete Program of Revaluation. PDF Resolution

4. Resolution of the Township Council of the Township of Mount Olive Authorizing the Administration to Pursue Avenue to Develop Public Water Systems for Residential Areas Within the Township. PDF Resolution

5. Resolution of the Township Council of the Township of Mount Olive Amending the 2008 Temporary Budget for the Current Fund. PDF Resolution

President Perkins: Any Council member wish to have any one of the Consent Resolutions moved to Non Consent? Seeing none, thank you. Mr. Tepper, would you move the Consent Resolutions one through five, please?

Mr. Tepper: Yes, Mr. President. I move for approval of Consent Resolutions one through five.

President Perkins: Can I have a second, please?

Mr. Roman: Second.

PUBLIC PORTION ON CONSENT RESOLUTIONS - none

COUNCIL COMMENTS ON CONSENT RESOLUTIONS

President Perkins: Council discussion? Brief Clarifying statements? No, Roll Call, please?

ROLL CALL – Passed Unanimously

RESOLUTIONS NON CONSENT

President Perkins: That takes us to Non Consent Resolution number six. Mr. Greenbaum, would you move Non Consent Resolution number six, please?

6. Resolution of the Township Council of the Township of Mount Olive in Observance of Annual Emergency Medical Services Week, May 18 Through May 24, 2008.

Mr. Greenbaum: I move it.

Mr. Tepper: Second.

PUBLIC PORTION ON INDIVIDUAL RESOLUTIONS

COUNCIL COMMENTS ON INDIVIDUAL RESOLUTIONS

President Perkins: Okay, any Council comments or discussions? Seeing none, Roll Call, please.

ROLL CALL – Passed Unanimously

MOTIONS

President Perkins: That takes us to the Bill List. Mr. Roman?

Mr. Roman: I make a motion that we approve the Bill List.

Mr. Tepper: Is there a public portion on any of those?

President Perkins: Do we have anybody who wishes to be heard on any of the resolutions? Mr. Ned McDonnell.

Mr. Ned McDonnell: Just a point of information. I realize that this is extremely premature, but on Resolution #4 for the pursuing the development of public water systems, will that be only for areas that have sewers? I’m not, I don’t understand.

Mr. Sohl: No.

Mr. McDonnell: If you don’t have sewers now, and you get public water, do you have to have sewers or can you still use the septic?

Mr. Sohl: No.

Mayor Scapicchio: You can still use the septic.

Mr. McDonnell: Thank you.

President Perkins: Anyone else from the public? Seeing none, close it to the public. Mr. Roman, the Bill List, please.

Mr. Roman: I make a motion that we approve the Bill List.

1. Bill List.

Mr. Rattner: Second.

President Perkins: Second, thank you. Any other discussions or questions before we move? Call the Roll, please, Lisa.

ROLL CALL – Passed Unanimously

ADMINISTRATIVE MATTERS

President Perkins: Administrative Matters, Mr. Sohl? Mayor?

Mr. Sohl: I’d just like to report that we did get back from CBS Outdoor the lease agreement and within that letter they indicated the check, the first payment for the first year of $3,000 would be coming shortly.

President Perkins: Great job, Bill.

Mrs. Labow: Very good.

Mr. Sohl: Thank you.

Mrs. Labow: I have a question.

President Perkins: Mrs. Labow, yes.

Mrs. Labow: The Pride Committee has actually asked if that money is going to go into the Pride Trust account?

Mr. Sohl: No, it goes into the general revenue. You can reference it in next year’s budget as potentially, right? I mean, it goes into the general revenue right now.

Ms. Jenkins: Yes, I mean…

Mayor Scapicchio: You guys can allocate it however you want.

Mr. Tepper: They can request it.

Mrs. Labow: Yes, because I think, Ray…

President Perkins: What?

Mrs. Labow: Since that had been… Are we going to use it for Pride or just…

President Perkins: That’s at the Mayor’s discretion, and obviously it was the Pride Committee that was able to utilize the billboard…

Mr. Tepper: No, Council.

Mayor Scapicchio: No.

Mr. Sohl: No, if you want to acknowledge…

Mr. Rattner: …passed a resolution stating where we want the money put, but it still goes in the general fund, and allocated later.

Mr. Tepper: It goes into general and then it’s just allocated.

Mr. Rattner: It’s just our intent.

President Perkins: Well, that’s why we decided to put the $500 into the Economic Development Committee, so I would assume that $500 out of that would go to them.

Mr. Sohl: It won’t effect, it’ll affect next year’s budget.

Mr. Greenbaum: Not necessarily. We can raise the budget of the, we can take $3,000 out of surplus and put it into the Pride Committee’s budget, and take the $3,000 that’s coming into the general revenue and just leave it there so it’ll go back into surplus.

Mrs. Labow: It’s just that Pride has a trust account also.

Mr. Sohl: They have money unspent there that I think you should spend first.

Mrs. Labow: Yes, they didn’t realize that they had that. That’s the whole thing.

Mr. Greenbaum: That’s fine too.

Mr. Rattner: Okay. Let’s not force them to spend money unless…

Mrs. Labow: No, they have a lot of projects that they want to do.

Mr. Greenbaum: Well, let’s take the money out of the Pride Trust account and put toward the Recreation utility.

President Perkins: Thank you, Mr. Greenbaum.

Ms. Jenkins: That’s what we needed.

President Perkins: Mayor?

Mayor Scapicchio: Just one additional piece, Ray, and that is I talked to Don Hill, the Chairman of the Economic Development Committee yesterday, and we had word that Benjamin Moore is looking to relocate out of Mount Olive Township, and they’re looking to relocate out of the Township because they need to expand and Highlands has virtually eliminated their ability to expand on that site. We’ve reached out for them. We’re going to try to work with them to either try to get a Highlands exemption or try to find someplace else within Mount Olive Township that they can relocate to. So, you know, we’ve got some businesses that are now moving out of Mount Olive Township, not because of anything we’ve done. Simply because they can’t grow and expand based on…

President Perkins: The Highlands.

Mayor Scapicchio: …things that the State has implemented. It’s hurtful, disappointing.

Mr. Rattner: It’s punitive.

Mayor Scapicchio: And it’s punitive. Punitive is an excellent word. It’s punitive. I’m not sure that the State realizes what’s happening.

President Perkins: I don’t think they do.

Mr. Rattner: Well, they’ve been told enough. They just don’t care.

President Perkins: They just don’t listen.

Mayor Scapicchio: I don’t even know the answer to this, but they’ve been here forever haven’t they? As long as I remember.

President Perkins: The 21, 20 years that I have been here I’m pretty sure they’ve been there.

Mr. Sohl: 28.

Mayor Scapicchio: Even longer. I mean, it’s a shame.

Mr. Rattner: Well, look at the problem, even Givadaun. We’re lucky that they really wanted to work around it because they had the same problem about not being able to increase more than a half acre of impervious coverage type of thing. They wanted to stay here, and they already had a big footprint.

Mr. Greenbaum: As Mr. Tepper pointed out, to the extent that they move out and we’re able to refill that building, it increases our COAH obligation.

Mrs. Labow: No, they changed that.

Mr. Rattner: That changed.

Mr. Greenbaum: Oh, did they?

Mr. Rattner: They changed that.

Mr. Tepper: I didn’t think they had.

Mrs. Labow: Yes, they did.

Mr. Rattner: That’s why I got upset when our COAH obligation went up, but they eliminated the re-occupancy of a building.

Mr. Tepper: So does that mean that the BASF is no longer…

Mr. Rattner: Right, we won’t get there, but they still increased our obligation by 40%.

Mayor Scapicchio: It’s a moving target, Russ. We don’t know.

Mr. Tepper: I understand Chuck is working on a final analysis of that.

Mr. Sohl: Final is never final.

President Perkins: I need to step back to our Non Consent Resolution #6, seeing that we have members of the EMS Squads here.

Resolution of the Township Council of the Township of Mount Olive in Observance of Annual Emergency Medical Services Week, May 18 Through May 24, 2008.

WHEREAS, the American College of Emergency Physicians has established an annual Emergency Medical Services Week that brings together local communities and medical personnel to publicize safety and honor the dedication of those who provide the day-to-day lifesaving services of medicine's "front line;" and
WHEREAS, this year's EMS Week is being held May 18-24, 2008 with the theme "Your Life Is Our Mission;" and
WHEREAS, emergency medical services is a vital public service; and
WHEREAS, the members of emergency medical services teams are ready to provide lifesaving care to those in need; and
WHEREAS, access to quality emergency care dramatically improves the survival and recovery rate of those who experience sudden illness or injury; and
WHEREAS, the emergency medical services system consists of emergency physicians, emergency nurses, emergency medical technicians, paramedics, firefighters, educators, administrators and others; and
WHEREAS, the members of emergency medical services teams, whether career or
volunteer, engage in thousands of hours of specialized training and continuing education to enhance their lifesaving skills; and
WHEREAS, it is appropriate to recognize the value and the accomplishments of emergency medical services providers by designating Emergency Medical Services Week; and
WHEREAS, Mount Olive is served by a dedicated group of volunteers that give countless hours away from their families to answer calls and improve on their level of training all for the betterment of Mt. Olive Township. The individuals that make up Flanders Rescue and Budd Lake First Aid & Rescue Squad deserve to be recognized for what it is that they do; and
NOW THEREFORE BE IT RESOLVED by the Mayor and Township Council of the Township of Mount Olive, Morris County, New Jersey, in recognition of this event do hereby observe the week of May 18-24, 2008, as EMERGENCY MEDICAL SERVICES WEEK.

President Perkins: Can I get, now that we’ve read this into the record, can I get a motion to move this?

Mr. Tepper: So moved.

President Perkins: And can I have a second?

Mr. Roman: Second.

President Perkins: Roll Call, please?

ROLL CALL – Passed Unanimously

President Perkins: I’ve been informed that our Clerk is putting together a memorial plaque with the resolution on there, so hopefully you will proudly hang that in your facilities. I’m sure we’ll have one for both Flanders and Budd Lake. Any other Administrative Matters, Bill? Mayor?

Mayor Scapicchio: None.

President Perkins: None, thank you. Old Business? None. New Business? Legal Matters, Mr. Dorsey.

OLD BUSINESS - none

NEW BUSINESS - none

LEGAL MATTERS

Mr. Dorsey: Only to report that the hearing officer in connection with the EPA hearing as to the windfall lien has now closed the record and we managed to get everything into the record that we wanted to get in, so I can only assume that we will have a decision probably within the next few weeks.

President Perkins: Excellent. That’s it, Mr. Dorsey?

Mr. Dorsey: Yes.

President Perkins: Alright, thank you. Mr. Greenbaum?

Mr. Greenbaum: John, how is it that the officer who is deciding the issue is an employee of the EPA? How is that even remotely fair?

Mr. Tepper: Not a conflict.

Mr. Dorsey: While, I’m not responsible for the legislation that created EPA and that’s just the system that we are in. Of course, you can always appeal that decision, this recommendation. This is a recommendation that will be made to the director, what is it, Area 2 EPA, Region 2 of EPA. So we just have to hold our breath.

Mr. Greenbaum: So what is the avenue of appeal from this point forward assuming that we get a bad result from the EPA?

Mr. Dorsey: Presumably you’d go on to the 2nd Circuit, or you’d go on to the 3rd Circuit U.S. Court of Appeals.

Mr. Greenbaum: Right to the 3rd Circuit?

Mr. Dorsey: Where, of course, I’m admitted.

Mr. Greenbaum: Of course.

Mr. Dorsey: Yes, I am.

Mr. Greenbaum: I would be surprised if you weren’t admitted to the Supreme Court of the Untied States.

Mr. Dorsey: I argued one case there.

President Perkins: That takes us to… Mayor, did you have anything you wanted to say?

Mayor Scapicchio: I just wanted to ask John, I mean, John, if we’re not satisfied with the decision that’s ultimately rendered, do we have the ability to put that back out to bid?

Mr. Dorsey: Well, of course this hearing officer is within EPA. She’s supposed to be relatively, she’s supposed to be independent. She is making her recommendation to the Director who Les always used to speak very fondly of in terms of his perception of what a great thing this was. I mean you can’t. The answer of course is, let us, there are a number of possibilities. They can say the total amount that the EPA spent, $32 million, should be attached. Or they can say no, the Assistant Regional Counselor Mr. Tucker didn’t prove his case and Mount Olive and Rock Gold did, so we will not attach any windfall. Or they can say, well, it’s not 100%. We think there should be attached, at least, a windfall lien of $5 million. Then of course it becomes totally a matter of negotiation between ourselves and the current buyer. If the current buyer decides not to accept that obligation, the Township is free to pursue whatever other avenues it may have.

Mayor Scapicchio: Thank you.

COUNCIL REPORTS

Recreation Liaison Report

Mr. Roman: Nothing new to report at this time. Jill will be speaking with the heads of the Recreation organizations regarding her proposal for the Administrative fee.

President Perkins: Thank you. Board of Health, Mrs. Labow.

Board of Health Report

Mrs. Labow: We meet tomorrow.

President Perkins: Planning Board, Mr. Tepper.

Planning Board Report

Mr. Tepper: The meeting last week was cancelled. The next meeting is the second week of June.

President Perkins: Thank you. Board of Adjustment, Mr. Roman.

Board of Adjustment Liaison Report

Mr. Roman: Last night the only item on the Agenda was the Meineke Car Care Center. It was unanimously voted down.

President Perkins: Thank you. Open Space Committee, Mrs. Labow.

Open Space Committee Report

Mrs. Labow: We meet, I wasn’t at the last meeting, and I didn’t get a report yet from Kathy Murphy.

President Perkins: Okay, Legislative Committee Report, Mr. Rattner.

Legislative Committee Report

Mr. Rattner: Nothing to report.
President Perkins: Thank you. Pride Committee, Mrs. Labow.

Pride Committee Liaison Report

Mrs. Labow: We meet next week.

Board of Education Liaison Report

President Perkins: Board of Education, Mr. Tobey.

Mr. Tobey: There’s three points of interest to touch base upon from last night’s Board of Education meeting. Bill Robinson touched upon the possibility of elections being moved from April to November. Everyone may have seen the article or articles in the Star Ledger with regards to such. That bill appears to be moving forward. Incorporated in there is also a 10% reduction in Administrative costs per district, which they’re discussing. Simultaneously the Abbott District topic came up and part of that was the Union City bus drivers getting paid overtime to charge their cell phones. So you can imagine how that sounded right after they spoke about a 10% reduction in Administrative costs.

Mr. Rattner: Six hours a month.

Mr. Tobey: Unbelievable. And the Mount Olive High School Robotics Team actually did a presentation last night. They discussed their achievements for the year, and I think we should all be proud of them. I really think they represent our community well.

President Perkins: That’s it?

Mr. Tobey: That’s it.

President Perkins: Thank you, Mr. Tobey. Lake and Environmental Issues Committee, Mr. Rattner. Oh, Mr. Greenbaum.

Mr. Greenbaum: Phil, was there any updates in terms of the search for a new Superintendent of Schools?

Mr. Tobey: No, there was no discussion on that. The only topic with regard to the personnel, there was going to be an executive session, I guess regarding the Buildings & Grounds position, so they’re down to two individuals on that. So there was no discussion on the Superintendent.

Mr. Greenbaum: Okay, thank you.

Lake/Environment Issues Committee

Mr. Rattner: Two things. One, our semi-annual Lake cleanup is this Saturday. Anyone who wants to join us at 9:00 am at what is commonly referred to as the Lake House. Lisa can give you the address and the specifics. Number two, we talk about the DEP / EPA, in the Freeholder’s infinite wisdom they appointed me to the Lake Musconetcong Regional Planning Board. They’ve been doing weed harvesting mechanically for at least the last ten years. In fact, they have a weed harvester. They were actually looking at doing some chemical feed and taking some of the information that we have here. The State has now said that they can’t do any weed harvesting which will probably destroy the remainder of the Lake within three years. In the application when they applied for the permit to put in chemicals, they found a report from 1950 that suggested that there could be three endangered species. 1950. There was a botanist that came out of the woodwork from Rutgers that said in 2002 he may have seen the leaf of one of these things. I have the specifics. Right now they don’t know, and it looks like they will not be able to do any weed harvesting. If anybody has seen Lake Musconetcong, it’s probably, at the average depth, it’s probably about two feet deep. The weeds are just terrible. The stench and everything else, and they’re going to let the river die, I mean the Lake. That is the headwaters of the Musconetcong River.

Mr. Roman: I’d like to see a plaque put up there crediting this gentleman for that.

Mr. Rattner: One of the things that came up is that when you talk to somebody at the DEP they say wetlands and marshes are in now, so that’s a good thing.

President Perkins: Thank you, Mr. Rattner.

Safety Committee Liaison

Mr. Greenbaum: Nothing to report.

Finance Committee Report

Mr. Rattner: Nothing else to report.

Economic Development Committee Report

Mr. Rattner: We had a meeting on the 10th. The Committee is working on the brochure that they’re trying to put together. They’ve gotten some professional help from members and family members of the Economic Development Committee who are trying to build up a portfolio so they know what they are doing. Also, the Chairman, Mr. Hill, has stated that he’s gotten commitments from a number of businesses to fund the brochure. So it looks like the whole brochure will be able to be put together without any funding from the Township.

President Perkins: Thank you.

Solid Waste Advisory Committee Report

Mrs. Labow: We were supposed to meet this past Wednesday. The meeting was cancelled. I believe we’re not going to have a meeting now until September.

Library Board Liaison

Mr. Tepper: Meets tomorrow.

PUBLIC PORTION - none

COUNCIL COMMENTS

President Perkins: Thank you. That takes us to our last public portion. Anyone from the public? Seeing none, that takes us to Council Comments. Mr. Greenbaum.

Mr. Greenbaum: Just one comment. I am absolutely flabbergasted and disappointed by your voting no on the ordinance with regard to the sale of the water system in light of all of the positions you had taken contrary to this evening. It makes me feel as though I compromised my principles with respect to that issue for absolutely no reason.

President Perkins: Thank you. Mr. Tepper?

Mr. Tepper: I hope that we don’t readdress anymore of the budget cuts at Tuesday’s meeting, and we take a vote on what we’ve already approved.

Mr. Rattner: We don’t have much of a choice. It’s up or down since it’s on paper.

Mrs. Labow: A week from Tuesday.

Mr. Tepper: We always have a choice. I just hope we finally make a vote.

President Perkins: Mr. Roman.

Mr. Roman: Piggy back on Mr. Tepper’s comments. I just want it to be on the record that the reason I fight hard for that Recreation position is because I intimately see the work that that department does, and the benefits that it serves the community. As many participants in those sports programs do not realize how much work goes into organizing fields, and the like, and in the event that ultimately that position might get cut, I’m pretty sure that once these organizations digest the possibility of losing some of these services that are provided by that department, they would more than likely agree for an Administrative fee. I do have certain feedback from Mr. Roman (Cont’d): at least four organizations that are more than willing to pay that fee because they realize the importance of that department and those personnel.

President Perkins: Thank you. Mrs. Labow.

Mrs. Labow: I just really want to piggy back on what Alex said. I agree with what Alex said, but the other thing that is even another part of the Recreation Department is our Mount Olive Week, our Community week. That is a huge even for this community. It has been a huge success. I have been to both of them, or the past three years. Last year’s even I was there every single day. I would go for a few hours, go back home and come back and our Recreation staff was there from bright and early in the morning until late at night. They worked endlessly for months preparing for it, and I think to reduce that staff would be a huge loss to this community because I don’t think we’d be able to have our community week. I think that’s a beautiful thing we had started and we need to continue it. We can only do it with the appropriate personnel to make it happen.

President Perkins: Thank you. Mr. Rattner.

Mr. Rattner: I have something good. I want to congratulate the Historical Society. I didn’t know we got the mail because I don’t read it right away, but I heard that a gazebo was delivered today.

Mrs. Labow: It’s beautiful.

Mr. Rattner: It’s gorgeous sitting right there in the front, and I think as a memorial, you know, we contribute a lot of times and a lot of other people, the flowers or something to a hospital, but this is something that is going to be a reminder of a very, very popular man who served a lot of different positions in Mount Olive including Mayor for eight years. So it is a gorgeous addition. That was a great idea of the Historical Society.

President Perkins: Thank you, Steve.

Mr. Rattner: He was Mayor for eight years.

Mrs. Labow: Eight years?

Mr. Rattner: No, he was the first Mayor in a long time that got reelected.

Mrs. Labow: Very good.

President Perkins: Then Scheiss came. Mr. Tobey?

Mr. Tobey: Nothing to comment on.

President Perkins: Okay, thank you. I’ll take a brief moment, Mr. Greenbaum, just to respond. Obviously in the world of looking at things, it was the Township Attorney who had made the direction to the developer to make an offer to buyout the system. My standpoint has always been, and the record will prove, that I have always looked for Mount Olive Township to acquire, at no charge, all new water and sewer that is put in by any developer. As we were faced with the budget crisis, the offer that was presented made sense. I think it made sense to at least a few, three other Council members and we proceeded to move forward. Knowing that I’m not going to get five people to agree to pass the ordinance, nor should the chance that that would be vetoed, would I be able to pick up five people to override the veto, it would just carry out something that we already had a deadline of a thirty day deliver to us by the developer. The most prudent thing to do is to move forward with the franchise as a temporary. I’m sure Mr. Dorsey and Mr. Kolbert will work out any of the final terms for when that actual takeover date may occur, and let our Water department acquire it. It would have brought us a nice sum of money for this year as well as for next. Unfortunately, there just wasn’t enough support. So it’s easy enough for me to acquiesce and say then, let’s go back to what our original plan was. We found the money from the Charter’s Farm. That buys us down a little bit. It still doesn’t necessarily help us tremendously, but it is what it is. With that I will, we will move into executive session. There will be no other business that will be conducted afterwards. I would ask Mrs. Labow if she would move us into executive session for Tax Appeals, please.

Mrs. Labow: Thank you, Mr. President. In accordance with the Open Public Meetings Act, Sections 7 & 8. I move us into executive session to speak about Tax Appeals.

President Perkins: Can I have a second?

Mr. Rattner: Second.

Executive Session – Tax Appeals - Motion was made and seconded, all in favor and none opposed, the meeting moved into executive session at 9:20 pm.

ADJOURNMENT - Motion was made and seconded, all in favor and none opposed, the meeting was opened and adjourned at 9:36 pm.

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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 June 24, 2008.

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Lisa Lashway, Township Clerk