COUNCIL MINUTES - SEPTEMBER 2, 2008

The Regular Public Meeting of the Mount Olive Township Council was called to Order at 9:02 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. Roman, Mr. Tobey, Mrs. Labow, Mr. Tepper, Mr. Greenbaum, Mr. Rattner, Mr. Perkins

Absent: none

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

Baseball Presentation to John Dorsey, Esq. (done previously at workshop)

Questions on Bill List?

President Perkins: That takes us on to questions on the Bill List. Anyone have any questions on the Bill List? Mr. Russell, do you have any questions on the Bill List?

Nelson Russell, Budd Lake: Thank you, Ray. I just have one question tonight. On Page 12 toward the bottom, $881.55 for GTI Internet. Aren’t we using Optimum Online?

Mr. Sohl: Not that I know of. No, this is a commercial connection.

Mr. Russell: Okay, it just seems awfully steep for internet access.

Mr. Rattner: The item is actually for the web hosting. This isn’t access. It’s the actual web hosting providing the storage space and everything else for our website and associated, things like that. It’s not the lines in.

Mr. Russell: I thought the web was on our server here.

Mr. Sohl: No.

Mr. Roman: You wouldn’t want it.

Mr. Rattner: No.

Mr. Russell: Okay, that makes sense. Thank you.

President Perkins: Anyone else? Seeing none, alright. That moves us on to the Approval of the Minutes for August 19, 2008 the Workshop and the Public. Mr. Greenbaum, would you move those?

APPROVAL OF MINUTES OF PREVIOUS MEETINGS

Mr. Greenbaum: So moved.

August 19, 2008 WS & PM – all present

President Perkins: Do I have a second?

Mr. Tepper: Second.

President Perkins: Any comments, questions, corrections? Seeing none, Roll Call, please.

ROLL CALL – Passed Unanimously

CORRESPONDENCE

LETTERS FROM RESIDENTS/ORGANIZATIONS

1. Letter received August 29, 2008, from the Farm Service Agency regarding North Jersey News. PDF Correspondence

RESOLUTIONS / ORDINANCES / CORRESPONDENCE OTHER TOWNS

2. E-mail received August 21, 2008, from the Borough of Beachwood regarding a Resolution to Make the Restriction of Residency of Pedophiles a State Law. PDF Correspondence

3. Ordinance received August 25, 2008, from Washington Township regarding Land Use. PDF Correspondence

DOT / DEP / LOI / HIGHLANDS

4. Letter received August 18, 2008, from the State of New Jersey Department of Environmental Protection, Natural and Historic Resources, Office of Engineering & Construction regarding the Mine Hill Reservoir Dam. PDF Correspondence

5. Letter received August 18, 2008, from the State of New Jersey Department of Environmental Protection, Division of Watershed Management, Bureau of Watershed Regulation regarding Muhammad Akhtar and a project at 15 Wilstow Road. PDF Correspondence

6. Letter received August 20, 2008, from the State of New Jersey Department of Environmental Protection, Division of Water Supply, Water Supply Permitting, Bureau of Water Allocation, regarding a Notice of Application for New Jersey American Water – ITC. PDF Correspondence

7. Letter received August 20, 2008, from the State of New Jersey Department of Environmental Protection, Natural and Historic Resources, Office of Engineering & Construction regarding the Sieber Grove Dam. PDF Correspondence

8. Letter received August 25, 2008, from the State of New Jersey, Department of Environmental Protection regarding Notice of Deficiency for Remedial Action Report for 15 Budd Lake Heights Road. PDF Correspondence

9. Letter received August 25, 2008, from the State of New Jersey, Department of Environmental Protection regarding 2nd time extension for minor landfill distribution approval – Combe Fill North Landfill. PDF Correspondence

10. Letter received August 25, 2008, from the State of New Jersey, Department of Environmental Protection regarding Permit application No. WCP080001, NJ American Water Company – ITC System. PDF Correspondence

11. Letter received August 25, 2008, from the State of New Jersey, Department of Environmental Protection regarding Highlands Exemption Application for Lot 2 Block 1101 (21 Bridle Lane) PDF Correspondence

12. Letter received August, 28, 2008, from the State of New Jersey, Department of Environmental Protection, Division of Watershed Management, Bureau of Watershed Regulation regarding the Cholish Single Family Home, Block 6900 Lot 29 (28-1 Bartley Road). PDF Correspondence

13. Letter received August, 29, 2008, from the State of New Jersey, Department of Environmental Protection, Bureau of Coastal and Land Use Compliance and Enforcement, Highlands Office regarding 9 Erie Trail. PDF Correspondence

NJDOT

14. E-mail received August 28, 2008, from the New Jersey Department of Transportation regarding Route 80 westbound milling, paving and deck repair. PDF Correspondence

DCA

15. E-mail received August 19, 2008 from the Department of Community Affairs regarding Changes to Affirmative Action in Contracting Regulations. PDF Correspondence

MSA

16. Letter received August 25, 2008, from the Musconetcong Sewerage Authority regarding the Status of MSA Wastewater Management Plan. PDF Correspondence

MORRIS COUNTY

17. E-mail received from the Morris County Board of Chosen Freeholders regarding the Connected Citizen E-Mail Alert. PDF Correspondence

LEAGUE OF MUNICIPALITIES

18. Letter received August 18, 2008, from the New Jersey State League of Municipalities regarding the 2008 League Conference Resolutions. PDF Correspondence

19. E-mail received August 19, 2008, from the New Jersey State League of Municipalities regarding Harvard University Invites You to Apply for the Innovations in American Government Award. PDF Correspondence

20. E-mail received August 21, 2008, from the New Jersey State League of Municipalities regarding Important New Information from the Division of Local Government Services. PDF Correspondence

21. E-mail received August 22, 2008, from the New Jersey State league of Municipalities regarding GEE Awards Reminder. PDF Correspondence

22. Seminar information received August 25, 2008, from the New Jersey State League of Municipalities regarding “The New Education Order: School Consolidation, Construction, Funding and Preschool Expansion.” PDF Correspondence

23. E-mail received August 26, 2008, from the New Jersey state League of Municipalities regarding the 2008 update on Pensions and Benefits Seminar. PDF Correspondence

24. E-mail received August 27, 2008, from the New Jersey state League of Municipalities regarding an Energy Price Resolution. PDF Correspondence

25. E-mail received August 29, 2008, from the New Jersey state League of Municipalities regarding September Grant Page Posted, PARIS Grants Announced, and League E-mail Registrations. PDF Correspondence

26. E-mail received August 29, 2008, from the New Jersey state League of Municipalities regarding Affordable Housing/COAH Update. PDF Correspondence

UTILITIES

27. Letter received August 20, 2008, from the State of New Jersey Board of Public Utilities regarding a Franchise Renewal for Comcast of Northwest New Jersey, LLC. PDF Correspondence

28. Letter received August 21, 2008, from New Jersey Natural Gas regarding an Annual Compliance Filing to Change the Universal service Fund and Lifeline Rate in the Societal Benefits Charges Rates. PDF Correspondence

29. Letter received August 22, 2008, from Comcast regarding Channel Changes. PDF Correspondence

COAH

30. Letter received August 20, 2008, from the State of New Jersey Council on Affordable Housing regarding Affordable Housing Reform Statute. PDF Correspondence

ORDINANCES FOR PUBLIC HEARING

President Perkins: We have 30 pieces of Correspondence. Does any Councilmember have any particular piece of Correspondence they would like to discuss? Seeing none, I will close those. That takes us to Ordinances for Public Hearing. The next item on the Agenda, I open the hearing to the public on Ord. #47-2008, entitled:

Ord. #47-2008 Ordinance of the Township of Mount Olive Re: Sewer Service Charge for the Cloverhill Sanitary Sewer System.

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

Mr. Tepper: Yes, Mr. President. I move for adoption and final passage of Ord. #47-2008.

Mr. Rattner: Second.

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

ROLL CALL - Passed Unanimously

President Perkins: Ord. #47-2008 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.

ORDINANCES FOR FIRST READING - None

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 Council of the Township of Mount Olive Closing the Cul-de-Sac of Louis Drive, August 30, 2008, Between 4:00 p.m. and 10:00 p.m. for the Purpose of Holding a Block Party. PDF Resolution

2. Resolution of the Township Council of the Township of Mount Olive Authorizing a Person-to-Person Transfer of Plenary Retail Consumption License #1427-36-028-001 from WHG Hospitality, Inc. to Northstar Mt. Olive, LLC. (Wyndham Hotel). PDF Resolution

3. Resolution of the Township Council of the Township of Mount Olive Awarding a Contract to the Liberty Store for DPW Personnel Uniforms for 2008-2009. PDF Resolution

4. Resolution of the Township Council of the Township of Mount Olive Rescinding the Number of EDU’s Assigned to Block 4100 Lot 65 and the Sewer Assessment and Future User Fees (aka 131 Route 46). PDF Resolution

5. Resolution of the Township Council of the Township of Mount Olive Approving a Final Change Order for Final Payment to Suburban Consulting Engineers. PDF Resolution

6. Resolution of the Township Council of the Township of Mount olive Authorizing Closing of a Portion of Sandshore Road On Saturday, September 27, 2008 for the 2008 ITCA Triathlon. PDF Resolution

7. Resolution of the Township Council of the Township of Mount Olive Authorizing Professional Services for the Title Insurance of Blue Atlas, Block 4500 Lot 8. PDF Resolution

8. Resolution of the Township Council of the Township of Mount Olive Authorizing the Use of One Contract (Carus Phosphates). PDF Resolution

9. Resolution of the Township Council of the Township of Mount Olive Authorizing the Use of One Contract (Russell Reid). PDF Resolution

10. Resolution of the Township Council of the Township of Mount Olive Awarding a Contract to Universal Uniform Sales Co. Inc. for Police & Dispatcher Uniforms for 2008-2009. PDF Resolution

11. Resolution of the Township Council of the Township of Mount Olive Authorizing the Execution of an Amended Developer’s Agreement and an Indemnification Agreement with Toll Brothers Both of Which Relate to the Water Franchise Ordinance (42-2008). PDF Resolution

President Perkins: There are presently 11 items on the Consent Agenda. Is there any Councilmember wishing to have one removed? Mr. Tepper.

Mr. Tepper: Number 7.

Mrs. Labow: Number 3.

President Perkins: Anybody from the public wish to be heard on Consent Resolutions 1, 2, 4 through 6, and 8 through 11? Mr. Russell.

PUBLIC PORTION ON CONSENT RESOLUTIONS

Mr. Russell: I question why we’re doing Resolution number 1 because that’s already happened.

Mrs. Labow: To memorialize it.

Mr. Sohl: To make it official.

Mr. Russell: Make it official that we close it?

President Perkins: It’s a memorialization, Russell. It was something, we took the straw, it was a verbal approval based upon the Chief’s recommendation and we just want to formalize it.

Mr. Rattner: The timing didn’t allow it, having bi-weekly meetings.

President Perkins: Anyone else from the public? Seeing none, I’ll take a motion for the Consent Agenda. Mr. Tobey.

Mr. Tobey: I move Consent Resolutions as presented.

Mr. Greenbaum: Second.

President Perkins: Any other discussions? Roll Call.

COUNCIL COMMENTS ON CONSENT RESOLUTIONS - none

ROLL CALL – Passed Unanimously

RESOLUTIONS NON CONSENT

President Perkins: That takes us to non-Consent Resolution number 3, entitled:

3. Resolution of the Township Council of the Township of Mount Olive Awarding a Contract to the Liberty Store for DPW Personnel Uniforms for 2008-2009. PDF Resolution

President Perkins: Mrs. Labow?

Mrs. Labow: Do you want…

President Perkins: Do you want to move that?

Mrs. Labow: I’d like to move Resolution number 3.

Mr. Rattner: Second.

President Perkins: Discussion? Mrs. Labow, you wanted it removed.

COUNCIL COMMENTS ON INDIVIDUAL RESOLUTIONS

Mrs. Labow: The reason I brought it, asked to have it off is because I thought we just discussed in the Workshop that we’re going to check to see if we can get the price cheaper.

Mr. Rattner: Mine was more of a question that if the Administration should look into that. The contract, I don’t think, was all that much. I think the Police uniforms part was what, $15,000? The Public Works was $3,000. It wasn’t too much. It’s just that when you see that people don’t bid you start wondering why.

Mrs. Labow: But Russ had asked about the County co-op and that type of thing, so I didn’t know if we were going to double check, or are we going forward with it now?

Mr. Sohl: I couldn’t hear the last thing you said.

Mrs. Labow: I said I didn’t know if you were going to check for County co-op, or with other Towns or we’re just going to go with it for this year…

Mr. Sohl: Well, we’ll check County co-op. I mean, the problem you run into with other Towns is in terms of delivery of materials and things.

Mrs. Labow: So if we approve this tonight then it won’t matter what you get with the County. That’s what I’m just trying to find out. Are we going to wait to get the information from the County, or go with this now?

Mr. Sohl: I don’t believe it’s covered under co-op right now.

Mr. Rattner: I think we could just look forward. Mine was more of a general question about the concern of only one bidder.

Mr. Sohl: Administration would prefer that.

Mrs. Labow: Okay, I just wanted to make sure. That’s why I pulled it off because I thought we were going to…

Mr. Rattner: If it was a half million dollar contract then I think we’d want to pull it off if there was only one bidder.

Mrs. Labow: Okay, I just wanted to clarify it.

President Perkins: Can we get a vote on that, please? Roll Call.

ROLL CALL – Passed Unanimously

President Perkins: That takes us to Consent Resolution number 7, entitled:

7. Resolution of the Township Council of the Township of Mount Olive Authorizing Professional Services for the Title Insurance of Blue Atlas, Block 4500 Lot 8. PDF Resolution

President Perkins: Mr. Tepper?

Mr. Tepper: I’ll move for approval of Resolution Non Consent number 7.

Mrs. Labow: Second.

President Perkins: Mr. Tepper, discussion.

COUNCIL COMMENTS ON CONSENT RESOLUTIONS

Mr. Tepper: My discussion was, and I think it’s been answered by an e-mail that was sent out, had to do with the fact that we were looking for title insurance after purchasing the property. So I wanted to confirm that we did have title insurance before purchasing the property. I believe that answer was given as yes.

Mr. Sohl: Yes, well what we had was we had a title search done…

Mr. Dorsey: The answer is we filed a normal procedure. You get a preliminary title binder. You have that at closing and require the seller to clear up any items that are shown. After the closing comes time to pay before you get the final policy. Now, we get the final policy when we pay.

Mr. Tepper: Thank you, Mr. Dorsey.

President Perkins: Any other questions? Call the Roll, please.

Mrs. Lashway: Now, that resolution has been amended to add the not to exceed number of…

Mr. Tepper: $5,340.33.

President Perkins: 0.33.

Mr. Dorsey: It’s a fixed price.

ROLL CALL – Passed Unanimously

MOTIONS

President Perkins: And that is approved as amended with the not to exceed amount of $5,340.33. That moves us to Motions.

1. Approval of Raffle Application #2262 for the MOHS Band Booster Association, Raffle Application #2263 for the Budd Lake First Aid & Rescue Squad and Raffle Application #2264 & #2265 for the Budd Lake Volunteer Fire Co. #1.

Mr. Greenbaum: I’ll move them.

President Perkins: Thank you, Mr. Greenbaum.

Mr. Tepper: Second.

President Perkins: Thank you. Roll Call.

ROLL CALL – Passed Unanimously

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

2. Bills.

Mr. Rattner: Thank you, Mr. President. I move the Bill List as submitted.

Mr. Tobey: Second.

President Perkins: Council comments, questions? Seeing none, Roll Call.

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

ADMINISTRATIVE MATTERS

President Perkins: That takes us to Administrative Matters. Mr. Sohl, anything else?

Mr. Sohl: Nothing right now.

President Perkins: Thank you. Old Business, any Old Business? New Business? Legal Matters, Mr. Dorsey.

OLD BUSINESS – none

NEW BUSINESS - none

LEGAL MATTERS

Mr. Dorsey: None this evening.

COUNCIL REPORTS

President Perkins: That takes us to Council Reports. Recreation Liaison Report, Mr. Roman?

Recreation Liaison Report

Mr. Roman: No meeting, I’m sorry, we meet tomorrow.

Board of Health Report

Mrs. Labow: We meet in two weeks.

Planning Board Report

Mr. Tepper: Three items. Extension for Mahmood which was mandated by law for one year. A preliminary and final site approval of the Dynapac facility for new owners to come in. We approved a tower for Verizon Wireless, construction of Wireless over by Lamtec.

Board of Adjustment Liaison Report

Mr. Roman: No meeting since last Council meeting.

Open Space Committee Report

Mrs. Labow: Next week.

Legislative Committee Report

Mr. Rattner: No report.

President Perkins: Bill, did you get a letter from the 24th Legislative District on another meeting, luncheon meeting for Chester?

Mayor Scapicchio: We did. We’ll be there.

President Perkins: We’ll be there? Thank you, Mayor. Pride Committee, Mrs. Labow?

Pride Committee Liaison Report

Mr. Labow: Next week, or two weeks, we meet in two weeks. We didn’t meet for August.

Board of Education Liaison Report

Mr. Tobey: There are a couple of Special Closed Session meetings coming up on the 10th and 17th with regards to the new Superintendent. That’s all.

Lake/Environment Issues Committee

Mr. Rattner: No report.

Safety Committee Liaison

Mr. Greenbaum: Tentatively scheduled for September 10th.

Finance Committee Report

Mr. Rattner: Nothing to report.

Economic Development Committee Report

Mr. Rattner: Nothing to report.

Solid Waste Advisory Committee Report

Mrs. Labow: We meet next Wednesday.

Library Board Liaison

Mr. Tepper: We had a special meeting. They appointed an interim director and hired a company to search for the new director.

President Perkins: And Rita is…?

Mr. Tepper: Mrs. Hilbert is officially retired.

Mr. Dorsey: Is that right?

President Perkins: Retired. Thank you. Mr. Roman?

Mr. Roman: Russ, has there been any discussion on the Library Board regarding the new director’s contract not to include the carrying over of sick days so that this circumstance of being able to cash in your sick days doesn’t happen?

Mr. Tepper: There has been discussion with several of the members. I believe it will come up when the contract is presented, or potential contract is presented, but I agree with you.

President Perkins: Thank you, alright, that takes us to the second and last public portion. Name and address, Ned.

PUBLIC PORTION

Ned McDonnell, Budd Lake: Just wondering what the status is on the Seward Mansion. Is it going to be sealed against the weather before the bad weather comes along?

Mr. Sohl: Yes, we absolutely intend, Mr. Bogart has been working there for over a week.

Mr. McDonnell: So it’s pretty much on schedule.

Mr. Sohl: And the intent will be to have bid specs out before he’s complete to do the roof.

Mr. McDonnell: Okay, very good. My other question, it’s just a point of information for me. I have a catch basin at the edge of my driveway. Who should I address my concerns to about that? It seems to be plugged.

Mr. Sohl: I couldn’t hear what you said, sir.

Mayor Scapicchio: He’s got a basin in front of his house. Who should he talk to? Tim Quinn.

Mr. McDonnell: Tim Quinn? Okay, thank you.

Mr. Greenbaum: Why don’t you just have Bill speak to Tim about the catch basin?

Mr. Sohl: Or just give me…

Mr. McDonnell: It’s a catch basin, 81 Waterloo Road, and it looks like it’s filled up with leaves and silt and the last rain there was sort of a lake across the whole road in front of that catch basin. Additionally, right adjacent to the catch basin there’s a small depression in the road. I call it a small sinkhole. It’s like a dinner plate sized depression, and in a light rain water will run down my driveway, run to that small depression and actually sink into the road there. It never reaches the catch basin, and I’m just concerned that it may cause erosion if they don’t seal that spot.

Mr. Sohl: Okay, we’ll take a look.

Mr. McDonnell: That’s all. Thank you.

President Perkins: Thank you, Ned. Anyone else? Seeing none, I close it to the public and take a motion to adjourn.

COUNCIL COMMENTS

Mr. Roman: Council comments?

ADJOURNMENT - Motion was made and seconded, all in favor and none opposed, the meeting was adjourned at 9:16 pm.

_________________________________
Raymond T. Perkins, Council President

I, LISA M. LASHWAY, Township Clerk of the Township of Mount Olive do hereby certify that the foregoing Minutes is a true and correct copy of the Minutes approved at a legally convened meeting of the Mount Olive Township Council duly held on September 16, 2008.

_________________________________
Lisa Lashway, Township Clerk
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