Mt. Olive Township Council Minutes
February 27, 2007

The Regular Public Meeting of the Mount Olive Township Council was called to Order at 7:32 pm by Council President Greenbaum with the Pledge of Allegiance.

PLEDGE OF ALLEGIANCE & MOMENT OF REFLECTION for all those who have and continue to protect our freedoms and our way of life.

OPEN PUBLIC MEETINGS ACT ANNOUNCEMENT
According to the Open Public Meetings Act, adequate notice of this meeting has been given to the Mount Olive Chronicle. Notice has been posted at the Municipal Building, 204 Flanders-Drakestown Road, Mount Olive Township, New Jersey and notices were sent to those requesting the same.

ROLL CALL Present: Mr. Buell, Mr. Rattner, Mrs. Labow, Mr. Tepper,
Mr. Biondi, Mr. Perkins, Mr. Greenbaum

Absent: None

Also Present: David Scapicchio, Mayor; William Sohl, Business Administrator;
John Dorsey, Township Attorney; Lisa Lashway, Township Clerk

President Greenbaum: I would also like to have the record reflect that we have several students here this evening from St. Michaels in Netcong - Lucas Milone, Alexia Milone, Nichole Kelso and Angelica Parisi. We welcome you as members here. We are hopeful that you bring whatever lessons you learn here tonight back to the other students at St. Michaels. I would also like to welcome, I know that there are a lot of employees of the Mount Olive Township School District here tonight regarding the school bussing issue. I know it was an issue that was discussed last night at the School Board meeting. I was filled in on the issue by Councilman Buell, as I believe most of the other Council people sitting up here, was filled in on the discussions that had happened last night. Rather than keep you here for the entire meeting, I know that some of you have things that you would like to say. We will deal with the issue right up front so that you can get onto other issues that you have that are more pressing or you are welcome to stay. Let me start by giving you some background. I don’t know exactly what information was imparted last night but I think you need to know a couple of important facts. Number one, the Town Council makes no decisions whatsoever with regard to how the school system is run, none, zero. If the School Board decides that it is in the best interest of the school system to outsource any particular activity or service that the school district provides, that is solely a decision made the School Board, not the Town Council. I think to best understand how this issue came to be and where it is going I will give you some history in terms of how this particular issue came to rise and where it is likely to go from my perspective. As you know, over the past couple of years the School Budget has been defeated. When a School Budget is defeated it comes to the Town Council. The Town Council makes a recommendation to the School Board in terms of a number that it believes should be cut out of the School Budget. It doesn’t make specific recommendations or requirements as to how the School Board should get to that particular number. In other words when the School Budget goes down, we have 21 one days to look at the School Budget which is a very small period of time to go through an extensive budget. We hire an auditor who looks at different things, line items to see how things may have changed from this year to last. We don’t really get into the nuts and bolts of how the School Board operates the school system. We just don’t have the time, nor are we the group of people that are given the power or the ability or the responsibility for how to educate our children and what services related to that education are to be imparted to the taxpayers. Last year when the budget went down, we cut close to or a little bit over three quarters of a million dollars out of the budget. A lot of it dealt with not paving the entire bus parking garage, doing it in steps and looking at teacher attrition dollars. In other words a higher paid teacher left the school system and new teachers were being brought in at a lower rate. So therefore, there was actually less dollars that were needed. We always look to things which will not affect the educational aspects of our children’s participation. One of the things which the School Budget Committee, which is a subcommittee of this Council made up of three Councilmembers and I believe there were five residents of the Township, wanted the School Board to look at was outsourcing, gave no direction to the School Board in terms of this is what we want you to do. We simply said, take a look at the issue, as is our job up here to look at, well, are there ways that we can do things better? Are there cheaper ways, and I know it affects each one of you personally, it affects you personally, it is your livelihood, I understand that. By the same token, let’s assume as a taxpayer in Mount Olive leaving all other issues aside we can save, and I am just using a hypothetical number, $2 million by outsourcing. I am not saying that that is a possibility, I just picked that number out of the air. Let’s assume a number like that came in and all of a sudden we looked at it and said, this is something that we have to examine, we think, as a School Board. What are the positives and the negatives of outsourcing? Do we want people who aren’t employed by our school system driving our kids? There are a lot of factors which are not monetarily quantifiable. We understand that but the direction was let’s take a look at it, let’s study it. It wasn’t just transportation. It was janitorial, it was food services. We did the same thing sitting up here a number of years ago, and I know this came up. We looked at sanitation. Can we save money if we had an outside company doing our sanitation? There were a number of different factors. If we outsource sanitation, who is going to clear the snow from the roads because it’s the same group of people and how do we compensate?

President Greenbaum (Cont’d): Ultimately the decision was made that there was no real benefit to outsourcing sanitation. I don’t know where the School Board’s examination has gone to date. I don’t know. I haven’t been privy to that. I just wanted to make sure, as did the rest of Council, that that examination was done. We don’t tell them how to go with that information, we just want to see. If they came back and said you know what, whatever money we can save is not worth the negative impact of all of the other factors because it’s not really a lot of money we can save. So I understand that it came up last night with regard to the transportation issue. Again, we are not the ones who make that decision and if that information was imparted to you last night, or that we are requiring the Township to go out and outsource, that’s not accurate. We simply said you know what, if the School Budget goes down again and you haven’t looked at this issue because we thought this is at least some area that you could look at. As I said we get the budget with 21 days to decide. There is no way you can do an adequate study with 21 days to actually take a look at all of the issues that are involved with transportation and janitorial. I guess the message that I have for you is that we are doing our job up here by saying you know what, if the School Budget goes down, we would like you to look at these areas and come back and tell us why transportation needs to remain as an employment position within the Township rather than an outsource position and you know what, if in fact they do that study and they come back and they say this is the way it is, I don’t think there is a person sitting up here that would say you know what we demand that you do it because if it doesn’t make sense, nor could we demand it because we don’t tell them how to spend their money. We cut a certain pot of money, or at least recommend. If the School Board says you know what, we don’t agree with you, they take it to the State and the State decides what the ultimate reduction in the budget is. Ultimately, if the School Budget passes, it doesn’t come to Council at all. Again, I think from speaking to Mr. Buell you may have been given some information which was not 100 percent accurate. Yes, it is true that we wanted the School Board to examine a number of different areas. Yes, we all understand that money is not the end all, especially when you are dealing with the health and safety of our kids and you know what, that’s all got to be put on the table. Until I see the study, if they don’t do the study, then I am left basically dancing in the dark when the time comes. I don’t know if that answers all of your questions. As I said, we are not the group that ultimately makes that decision. Even if we told them that we think it should be outsourced, they don’t have to do it.

From the audience: So it is being thrown back to the Board again.

President Greenbaum: Anything having to do with the School Board, is a school issue. We don’t deal with school issues unless the budget goes down. The only issue that we do deal with once the budget goes down is to cut dollars, to recommend a cut in dollars. Now if we came back and said you know what, we believe that there should be, instead of $750,000 which is a big pot of money, if you look at what Councils do generally. If we said $6 million out of your budget, the School Board would come back and say you’re crazy, we are not taking it, and we are going to the State. Again, we may make a recommendation, we think you can go here, in other words when we cut $250,000 out of the repaving out of the second portion of the parking lot, the School Board could have said, you know what? We’ll accept the cut and then reallocate the money and pave the parking lot. Whatever decision we make is a dollar decision. It’s not how to use the assets ultimately that you have to allocate. So I don’t think there is a person up here who has said, we believe strongly that transportation should be outsourced because we don’t have the information. We don’t know. So if the School Board gave you that impression, I think you need to go back to the School Board and say we spoke to the Council and they just wanted you to study it. I would like to see the number and don’t get me wrong, if the number came back and clearly outweighed the benefits of having employees do the work, I would be the first one sitting up here saying you know what, as an elected official I think it’s in the best interest of the Township to go on an outsource basis. I don’t want to give you any false information at all. I assume a lot of you are taxpayers….I will get to you in a second. You are going to have to come up to the podium.

Inaudible

President Greenbaum: I’ll give everyone an opportunity to speak but I really don’t want to hear repetitive comments because we have a long meeting. If you have something to say, by all means I want you to say it. Before I turn it over to the audience I don’t know if anyone else up here on Council has anything that they want to say? Why don’t you come up to the podium. You have to state your name and address so it ends up in the record.

Cathy Tencza, Lehigh Street, Budd Lake: Is this working?

President Greenbaum: Pull it down.

Mrs. Tencza: Okay, how about now?

President Greenbaum: How are the girls doing?

Mrs. Tencza: They’re getting big.

President Greenbaum: Yes, I am sure.

Mrs. Tencza: Freshman in high school and they survived it, grades are good, knock on wood.

Mayor Scapicchio: Keep knocking.

Mrs. Tencza: Yes, I know. I think we understand. We understand what you are saying. We understood last night what was going on. I don’t think that there were any false impressions. I want to make that clear. Mr. Buell didn’t give us any false information. We do know it is about numbers and we do know that there is an obligation both by this Council and by the School Board to make the cuts necessary to get the budget passed. We know that. What I asked the School Board last night was to please allow an opportunity for other people, me being one of them, to take a look at those numbers because some times it’s not always about numbers. You can get creative and find different solutions to problems.

President Greenbaum: I agree wholeheartedly. You need the information and then it is a question of getting as many people to give you their impression of the information so that you can form a consensus.

Mrs. Tencza: I agree and I just want to thank you. I know that most of you, if not all of you, have children that are either currently being driven or have been driven or whatever and most of these people here have done that. We know what happens with a private company and we also don’t want to see impact to this town, myself personally, because I live here. I don’t want to see Parsippany happen. I am glad to hear that you are considering long term because I was a little worried that we were going to put the cart before the horse just to get through this year and forget about next year. You can’t do that, that’s irresponsible. So I am glad to hear that that’s not going to happen. You know just like some doors that haven’t been opened in the past, to be opened if you will.

President Greenbaum: Particularly with transportation, a long term approach, a long term view is required because once you go down the road of privatizing, outsourcing transportation you have gone down that road permanently.

Mrs. Tencza: Right.

President Greenbaum: I mean it is even different than janitorial or our food services because of just the nature of the assets and the individuals that are involved. We understand it and again it’s not a decision ultimately that’s made by this Board. It’s a decision which is made by the Board of Education. The Board of Education, despite the fact that we raise the issue that said we would like you to examine this issue, the Board of Education may ultimately come back and say you know what, we have examined it and we believe that it is in the Township’s best interest to go that route and if they do that, it’s not this Council that has the ability to overrule what the Board of Education decides with respect to how they are going to run the school system. It is, I don’t want to say your fight, but the input really needs to be at the Board of Education level so that whatever your interests are, are included in the budget which is presented for a vote.

Mrs. Tencza: That is what I requested last night, it was basically told, wait until March 5th.

President Greenbaum: Well, I really can’t help you with that because…

Mrs. Tencza: No we are not asking to help, we understand that.

President Greenbaum: We don’t formulate the school budget and ultimately if it’s not in the School Budget that’s a decision that the Board of Education made even without any input from the Council and if it’s in the budget again that’s the same decision that the Board of Education made with respect to the Council having no involvement in the decision.

Mrs. Tencza: I just wanted to again reiterate, thank you for telling us that you are going to include long term impact. I don’t think that that is a priority at the School Board level. It needs to be because it exists. It needs to be looked at.

President Greenbaum: I will tell you what I am even going to do, to the extent that the School Budget goes down, first of all if it doesn’t…if outsourcing of the transportation is included in the School Budget, then my feeling is that ultimately the transportation will be outsourced. In other words, if it’s in the School Budget that they are going to outsource, then it will be outsourced whether or not the School Budget goes up or down. If it is not included in the Budget, outsourcing, and the School Budget goes down and the outsourcing of transportation is going to be an issue, I will most certainly put a representative member of the transportation group on the Council Budget Committee reviewing the School Budget so that all of the issues can be addressed appropriately.

Mrs. Tencza: Thank you.

President Greenbaum: Anyone else? Yes Mayor.

Mayor Scapicchio: Mr. President, I would just like to know what the Board of Education, for information for myself, what the Board of Education said to these employees that brought them out to this meeting tonight.

Mr. Tepper: In force.

Mayor Scapicchio: In force.

Mrs. Tencza: Not so much the Board of Education. We knew nothing about what was going on, absolutely nothing. On a supervisory level, we were not notified, rumors were flying and people got scared and that is why everybody came out last night to the Board meeting. The Board members did say, yes we are looking at it, no it’s not a definitive we just basically passed…we gave permission to go out and get bids for information, not to bid out routes. There is a difference. It was noninformation that was the problem, not so much information. It was noninformation. I think we made that clear last night and hopefully Dr. Lamonte will remedy that because that’s who Mr. Todd reports to so.

Mr. Buell: Basically, Dave, what happened was and I was unaware of this also, the Board had a Resolution on their calendar last night. It said, authorize the Administration to solicit bids for partial outsourcing of transportation routes. The Board indicated when that was brought up and it was questioned from the floor at the appropriate time by the audience that this was a request or a requirement by the Town Council that they look at this issue as well as outsourcing of janitorial and also cafeteria services. The inference was that we required them to do this and that they personally were not totally in favor of this but this is something they felt they had to because we had requested it as a Council.

President Greenbaum: I am not sure that that’s not accurate either because the Council did ask for information. You know what, it’s impossible to compare apples to apples without having the first apple to start with. So you know what, the fact that the School Board is going out for information, I think, is a good thing because otherwise we can’t make the appropriate comparison. At this stage, I think, as it has been described to me that it’s accurate that the Council was requesting that the information be compiled. Is there anyone else that would like to discuss this issue? Thank you very much. We will take a two minute recess. Alright, I am calling the meeting back to order. We are up to Resolution # 1 entitled:

1. Resolution of the Township Council of the Township of Mount Olive Commemorating 35 Years of Service to Mount Olive by Councilman John Biondi.

President Greenbaum: Mr. Tepper, do you want to move it?

Mr. Tepper: Yes, Mr. President. It is my honor to move the Resolution of the Township Council of the Township of Mount Olive commemorating John for his 35 years of service to the Town.

Mr. Buell: Second.

President Greenbaum: It has been moved and seconded. I am going to open it up to the public after I read the resolution.

RESOLUTION OF THE TOWNSHIP COUNCIL OF THE
TOWNSHIP OF MOUNT OLIVE COMMEMORATING 35 YEARS OF SERVICE TO MOUNT OLIVE BY COUNCILMAN JOHN BIONDI

WHEREAS, John Biondi and his family took up their residence at 27 Cloverhill Drive, Flanders approximately thirty years ago; and

WHEREAS, almost upon Councilman Biondi’s arrival in Mount Olive, he committed himself to public service on behalf of the Township, but more particularly on behalf of the residents of the Township; and

WHEREAS, his public service has included almost every type of civil activity beginning with a coach in the Little League Baseball Leagues; president and coach of the Midget Football Team and coach of the boys and girls basketball teams; he has been active as a member of and past president of the Mount Olive Lions Club for the last thirty years; he served as an officer of the Mount Olive Republican Club and he also served on the Shade Tree Commission from 1976 through 1977; on the Drug Abuse Council from 1978 to the end of 1980; on the Recreation Advisory Committee from 1980 through 1981 and was most recently elected to fill an unexpired term on the Township Council on November 7th of 2006; and

WHEREAS, upon becoming a member of the Township Council he has been an active member; he has expressed his views on behalf of the citizens of Mount Olive and has very actively participated in the business of municipal government; and

WHEREAS, Councilman Biondi has recently advised that because of family considerations he will be forced to resign his position effective on March 1, 2007; and

WHEREAS, the Mayor and Township Council are saddened by his resignation because of his contributions to the citizens of Mount Olive and because he is a fun person to have and to work with in connection with municipal government; and

WHEREAS, the Mayor and Township Council wish to wish him well in his retirement as he will be sorely missed in the many positions that he has filled as a resident of Mount Olive Township and as a Councilman.

NOW THEREFORE, BE IT RESOLVED by the Township Council of the Township of Mount Olive, in the County of Morris, State of New Jersey, that it does hereby commemorate 35 years of civic and public service of Councilman John Biondi has given to the Township of Mount Olive; its residents and the municipal government of Mount Olive Township; be it further resolved that the Mayor and the Township Council wish him well in retirement.

Clapping…

President Greenbaum: One of the great things about being Council President John. Is that I get to sign these kinds of things and it is a great honor of mine and wherever you decide to hang this, whether it is in your house here or in Florida, that my name will forever be affixed to this particular Resolution. Congratulations.

Mr. Biondi: Thank you very much, Mr. President. This is really a very bitter sweet occasion. I have enjoyed my time on the Council tremendously and enjoyed serving the people of Mount Olive for the last 30 odd years. I especially enjoyed the people on the Council. They made it easy for me to do my job up here. They will be sorely missed but family considerations have to come first. I wish everybody up here godspeed. Good luck and let’s have another good election, a clean election, and I wish the people of Mount Olive all the best for the rest of their lives. Thank you very much.

President Greenbaum: At this point in time I would like to call Dick Kamin up to the podium who has another presentation.

Mr. Kamin: It’s reality check time. I have pictures from the archives. Can you name all four people in there?

Mr. Biondi: I bet I can.

Mr. Kamin: This might be a test even for you John.

Mr. Kamin: I am here on somewhat of an actual official capacity. First of all it is my pleasure to be here. My family and the Biondi’s have been friends since the first years we both moved into Mount Olive. John has been a part of my political life and I a part of his and so it has been an honor and tonight on behalf of Senator Bob Littell, Assemblywoman Allison McHose and especially Guy Gregg, Assemblyman, who if he didn’t have another commitment would be here to personally present this Resolution. It’s a Resolution from the Senate and the General Assembly, so yes, you have one signed by the Council President but this one is signed by the former Governor, Richard Cody the Senate President, and also by Joseph J. Roberts the Speaker of the General Assembly. I normally don’t read resolutions. This one is pretty well written so I am going to read some parts of it.

WHEREAS, John J. Biondi a highly esteemed member of this Garden State Community is being honored and saluted upon this occasion of his conclusion of a distinguished tenure as a member of the Mount Olive Council that has exemplified the true meaning of selfless public service; and

WHEREAS, his extensive record of inspired and effective civic leadership has earned John J. Biondi the deepest respect and admiration of the citizens of this community; and

WHEREAS, his exemplary dedication and steadfast commitment to the people of Mount Olive has also included his services as a member of the Shade tree Commission, the Drug Abuse Council and the Recreation Advisory Committee; and

WHEREAS, in addition John J. Biondi gives generously of his time and efforts to a myriad of community endeavors including as a Coach of Little League, Midget Football, Little League Baseball, boys and girls Basketball and also as a member of the Mount Olive Township Republican Club and the Mount Olive Lyons Club; and

WHEREAS, John J. Biondi has been upheld in his life’s efforts by his wife of 41 years, Ann, and his three children and he takes a special delight in his grandchildren; and

WHEREAS, John J. Biondi has continually demonstrated an uncommon measure of public spiritedness and in so doing has provided a standard of excellence in public service towards which others might strive; and

WHEREAS, it is altogether proper and fitting for the New Jersey Legislature to recognize John J. Biondi and to salute him as an individual of outstanding character and exceptional determination; and

NOW, THEREFORE, BE IT RESOLVED by the Senate and General Assembly of the State of New Jersey that this Legislature hereby honors John J. Biondi and pays tribute to his meritorious history of service and commitment to the citizens of Mount Olive Township and extends its sincerest and best wishes for his continued happiness and success.

Mr. Kamin: John, congratulations.

Clapping…

President Greenbaum: It may be signed by former Governor Cody but it’s not on a nice piece of wood like ours is.

Mr. Kamin: The answers to that picture as you are passing it down, it’s a picture of former County Chairman Tom Branch…

Mr. Biondi: Steve Bruder, Dick Kamin and myself.

Mr. Kamin: I didn’t think anyone would get the Steve Bruder part, the former member of the Council, probably you tipped everybody off.

Mr. Biondi: I couldn’t miss it.

President Greenbaum: I knew it too because it’s written on the back of the picture.

Mr. Kamin: I salute you John.

Mr. Biondi: Those of you who don’t know Dick Kamin, he has been a part of my life from the beginning in Mount Olive. A guy you could always count on. I ran his first campaign, the only one he ever lost and we are still friends and that tells you a lot about Dick Kamin. Dick, I love you. Ann, thanks and by the way Dick it’s 43 years. Thanks Russell.

Mr. Tepper: You’re welcome.

President Greenbaum: Mayor did you have something?

Mayor Scapicchio: Mr. President, I would just like to say in the four months that I have been here it has been my pleasure to work with John. On Tuesday evenings when I am in that office, he always pokes his head in there and smiles and says, hi Mr. Mayor, how’s everything going. I have talked to him on numerous occasions on a lot of different issues and I have always appreciated John’s honesty, his cooperation and his willingness to listen and work with myself and Bill. I want an invitation to see his tie collection because I have never seen John wear the same tie twice.

Mr. Biondi: Any time you want, my house is always open to you David.

Mr. Scapicchio: How do you store them? John, thank you. I wish you and your family and the issues that you need to deal with, my heart and my prayers go out to you and your family.

Mr. Biondi: Thank you David and continued success up here for these people.

Mayor Scapicchio: Thank you.

President Greenbaum: Anyone from the audience who wishes to be heard on this particular resolution? Seeing none. Any other Councilmembers?

Mr. Perkins: Thank you, Mr. President. John, I couldn’t let this go by without having a couple good words to say for you. I didn’t get to know you much in my twenty years here until you actually became a running mate of mine. John I have always trusted and listened to what you had to say to me. You treated me as an equal. We ran together. We were the two top vote getters which I was surprised that more people liked me than they did you….

Mr. Biondi: Only eight more.

Mr. Perkins: Only eight more and those eight people you thought you could trust. I am going to miss your help, your support and most of all I am going to miss your being up here. John, good luck to you and take care of your family, God Bless.

Mr. Biondi: Thank you very much.

President Greenbaum: Ray, I just wanted to correct something that you just said, I am not so sure that people liked you guys more, they just liked us less.

Mr. Dorsey: I just wanted to say how much my partner and I have agreed and enjoyed having John Biondi on the Council. He adds a flavor which I have to tell the rest of you, you have never been able to add. He adds a certain amount of drama in the casting of votes and it’s been great working with him and I am really going to miss him.

Mr. Biondi: Thank you, Counselor.

President Greenbaum: I think I can add that flavor, let me try. I want you all to share services. I don’t care this is the way we have to do it.

Mr. Biondi: Counselor, it was a pleasure to work with you and I don’t care what anyone says, you’re still the best municipal attorney in Morris County.

Mr. Dorsey: Thank you.

President Greenbaum: Roll Call.

Mr. Biondi: Can I vote on myself?

President Greenbaum: Sure.

Mr. Tepper: You can abstain.

Mr. Biondi: I’m not abstaining.

Mrs. Lashway: Did you vote?

Mr. Biondi: Yes, yes.

Mrs. Labow: With a heavy heart, yes.

Mr. Perkins: Regretfully, yes.

ROLL CALL Passed Unanimously

President Greenbaum: Congratulations, best of luck to you.

Mr. Biondi: Thank you very much. Thank you all.

Lori McGill – Morris Chase sidewalks on Madison Avenue

President Greenbaum: We are up to Lori McGill discussion of Morris Chase. Why don’t you come up to the podium? Discussion of the sidewalks on Madison Avenue related the Morris Chase. Joel, you may want to move up for this because we may have some questions for you regarding…

Lori McGill, Madison Avenue: I sent a letter to the Council. We have been previously heard at the Planning Board and I am not sure, just like the earlier issue with the school bus transportation, I am not sure if this is the right forum either but we had gone to the Planning Board and we are also here before the Council.

President Greenbaum: Okay, I just want to kind of try to summarize my understanding of the issue that you brought here tonight. You are taking the position, I believe on behalf of a number of residents on Madison Avenue, that the sidewalks would be more burdensome than any benefit which would be provided by the sidewalks. After that question was raised, I raised the question to Mr. Dorsey as to whether or not the Council has the ability, even if we were so inclined, to take action to waive the requirement of the sidewalks in light of the fact that it was a Planning Board resolution which included the sidewalks. The answer I believe that Mr. Dorsey gave…and correct me if I am wrong, John…

Mr. Dorsey: Wait a minute. Lisa gave you an even better answer. These sidewalks on Madison Avenue are going to be placed in a right-of-way which the Township owns. I think on that basis, the Township clearly has the jurisdiction.

Mrs. McGill: I’m sorry I could not hear him.

President Greenbaum: Okay. The answer that Mr. Dorsey gave, if I could paraphrase, is because the sidewalks are going to be placed in a right-of-way owned by the Township that, in fact, the Township Council does have the ability if it were so inclined to waive the improvement, in other words, to not have the developer put in the sidewalks. The one problem that I have sitting up here, first of all, I am not a huge fan of sidewalks for the same reasons you have addressed in your letter. I have a sidewalk in front of my house. There is some benefit obviously and there is some detriment in terms of the requirement to maintain the sidewalk, snow and ice maintenance of the sidewalk, to the extent that it is in disrepair. The problem that I have sitting up here is that the Planning Board doesn’t have, and I think I speak on behalf of the entire Council because we did address this issue in our Workshop tangentially, is that we don’t really know what the benefits and the detriments are of waiving the requirement at this point in time because it is really a Planning Board issue to determine…you know what these sidewalks are put in because the requirement of having kids picked up at the intersection of Madison and Mount Olive Road, we don’t know. This is put in for X, Y and Z reason in terms of the needs of the development itself. Joel could you come up for a second? Just so everyone is aware, Joe Kobert is the attorney for Toll Brothers on the Morris Chase Development. Joel, assuming, I don’t know that you know the answers to these questions but assuming that the Town Council or the Planning Board were to waive the requirement of the sidewalks on Madison Avenue without requiring Morris Chase to change their application in any fashion, I would assume that Morris Chase would have no problem with that decision. Is that correct?

Mr. Kobert: That is correct. As long as there was no change in any application or resolution, we would not have a problem on that.

President Greenbaum: Good and to the extent that we were to…obviously there is a cost that would be incurred by Toll Brothers in the installation of the sidewalks and that cost I assume could be quantified and I assume if the Township were to come to some resolution, that we would discuss some agreement in terms of the cost savings and how both of us could benefit through that cost savings.

Mr. Kobert: You talking to me?

President Greenbaum: Yes.

Mr. Kobert: The answer to that is, I don’t know the answer to that.

President Greenbaum: I think what I would like to do is to say that the Town Council is inclined to adopt the recommendation of the Planning Board on this particular issue. If the Planning Board were to come back and say, you know we believe that your argument that the sidewalks are more of a burden than a benefit, then I think the Town Council would be so inclined as to move forward. Correct me if I am wrong, I am only one of seven sitting up here.

Mr. Kobert: If I can interject here?

President Greenbaum: Yes.

Mr. Kobert: Councilman Tepper was at the meeting. One of the problems that I think they had, and it was discussed at the Planning Board, was that there was testimony on the safety issues. Therefore, if they have to… I am just paraphrasing what went on at the meeting at that time. If they had to go back into the issue, they would have to discuss the safety issues and they were concerned. Again, I refer to Mr. Dorsey about the liability issues of them not having and then taking them away when you have a record that there was safety… again, that was just bandied about and please correct me if I was wrong.

Mr. Tepper: That is very consistent with what was discussed and the fact that it happened so long ago and so few members of the Planning Board were still party to the same action, as to what the reasons were and the fact that there were no objections at that time. As Mr. Greenbaum has pointed out, perhaps if it is taken back to the Planning Board with that set of assumptions, it can be readdressed.

Mr. Kobert: Again, we don’t have a problem as long as it’s not an application process.

President Greenbaum: I understand what your concern is and I think just from my limited knowledge of tort immunity, to the extent that were to waive the requirement, not that we can’t be sued but we would probably have immunity for any decision related to an instillation of an improvement or not. Mr. Dorsey would be better able to answer that question.

Mr. Buell: One of my concerns is, is that at the Planning Board meeting the decision… evidently these sidewalks are in the process of being installed in April. So time is of the essence if you were to ask the Planning Board to rereview this issue. Obviously we are talking…

Mr. Tepper: You can address it at the first meeting of the month which is the 2nd Thursday. It’s not this week but the week after.

President Greenbaum: I think the decision is that the Council, according to Mr. Dorsey, the Council can waive that requirement without the applicant having to go back and change his application. If the issues were fully addressed at the Planning Board level and the decision were made to not install the sidewalks, then it would come back to Council at that point in time to ultimately resolve the issue.

Mr. Biondi: The tort immunity you’re talking about protects the Township and also Toll Brothers. Does that tort immunity stay with the property forever?

Mr. Dorsey: No, Toll Brothers will be out of there. It is only a matter of time before Toll Brothers is gone.

Mr. Tepper: Okay, then it would be the…

Mr. Dorsey: The sidewalks would fall under the tort immunity title.

Mr. Biondi: Are the homeowners agreeing to tort immunity there?

Mr. Dorsey: The homeowners are going to have to give the Township a release, if the sidewalk is going to run in front of their homes.

Mr. Biondi: That is what I am saying, if they give you a release that has to stay with the property forever right?

Mr. Dorsey: Yes, right.

Mr. Biondi: Just something to think about.

President Greenbaum: We will have to talk about that further.

Mr. Rattner: I have been a proponent of sidewalks and the town has gone after grants to provide sidewalks. I was the one who proposed the sidewalks on Wolf Road which I calculate to save us over $1 million over the next ten years just in bus costs because for the people who live in the apartments, now there is a safe way of getting to the school. We don’t have to bus people across the street like we did in Pershing Estates because Sunset Drive didn’t have sidewalks. Also, we have been putting sidewalks in other areas. One place where we missed was, let’s say a place like Wolf Road. We have people all summer long walking down from the apartments with strollers and everything else in travel lanes. The issue I see is that this development is going to be a fairly large development. A good portion of the traffic is going to be coming down that road because if you’re coming from the west, coming from Hackettstown, Mansfield, Naughright Road, you know the shopping center. You are not going to drive all the way up Mount Olive Road to Flanders Road to come back. You are going to go right in on Madison Avenue. However, sidewalks by themselves, there are other ways. I don’t know if this would change anything with the approvals and whether it can be done as a practical matter but if the pavement is just widened just a little bit longer and if we actually define the shoulder, in other words the dividing line at the edge of the road, it gives a place for safety. I would imagine if there are people that live on that road, you are going to be talking about rush hour when anybody who has kids in those houses are going to have to walk to the end of the street to be able to catch the bus and if you are in high school, you know part of the year it is dark out. Also, I know that municipalities and other levels of government have immunity from different law suits. However, we’ve seen the courts coming down now saying, if there was something that was known and that’s why I am worried when we hear about testimony that may be there. We still have to provide a safe spot for people to walk and I think maybe just by widening the pavement a little bit then its not a full sidewalk, it doesn’t have to be shoveled and hopefully the plows would be able to get down there and we have accomplished the same purpose, a safe place for people to walk down to the road because I can imagine there are going to be people in the good weather and they are going to walk down that road to go to the Country Store and to go to other areas like that just like they do in the rest of the town. The County has a circulation element that they are requesting and everybody has to have a Master Plan for bike paths and walk-ways including sidewalks so you don’t have to take your car. With everything else going on you don’t want to go counter to that but I think there are other ways of doing it other than just putting down a side walk. In a rural area sidewalks don’t really add anything. I have to agree with that but if we can provide a safe place for people to walk, all you need is a couple more feet of pavement and where it is well defined. We are good to go.

President Greenbaum: That may be a good answer. Russ, if you would run that by Gene as an alternative.

Mr. Tepper: I will.

President Greenbaum: I would suggest that you take this back to the Planning Board. I don’t hear any real opposition to examining the issue. If the Planning Board comes back with a positive recommendation and perhaps the solution to the problem is as Mr. Rattner said, perhaps what you do is just widen the pavement a little and you put a yellow line that creates an area that is for either pedestrians or bicyclists which obviously isn’t maintained in the same fashion as a sidewalk would be, it accomplishes the same goal. I am sure Toll Brothers would have no problem with that type of change so long as they didn’t need to change their application. Again, I guess that is an issue that will be addressed at the Planning Board level. Is there anything else?

Mrs. McGill: I believe the requirement that we have seen in terms of widening the road was that it was going to be approximately 30 feet wide and it is probably about 15 feet wide now. So with the plan of changes to the street, the road was going to be about doubled. So just as you mentioned about widening the pavement, I think it was going to be about 15 feet wider and that would…you know that’s to accommodate traffic but it could also accommodate the pedestrians.

President Greenbaum: Again, I think it is just an engineering issue, having our engineer look at it and say you know what, if we just put a yellow line on the side of the road that’s three feet wide or two and half wide or four feet wide, whatever it is, that may be the answer to this particular problem. God knows, we have created a great burden to the few people that live on Madison Avenue. We have tried as best we can, through not changing the street name or numbers, to inconvenience you as little as possible and I understand the issue.

Mrs. McGill: We appreciate that.

President Greenbaum: I think that we have a direction to take it back to the Planning Board, that the Council, if it is so inclined to adopt a recommendation, that we have been advised by our Attorney that, in fact, the Council does have the ability to make this change without requiring the applicant to change their application. The more I think about it, the more I like Mr. Rattner’s suggestion in terms of the resolution of this problem. I wish you the best of luck.

Mrs. McGill: May I just add a few points please?

President Greenbaum: Yes.

Mrs. McGill: There are three residents who are affected by this, or sets of residents. My husband and I moved in in 2005 and so we rode around in 2004 earlier to proof road test it at that time. Another thing I don’t know if Mr. Culleny is here today, I don’t know if he is here? He might be possibly just passed the 200 feet mark where homeowners are notified if there is building in the area. So it is possible. I talked with Mr. Culleny, he’s the owner of 13 Mount Olive Road which is the house on the corner and he seemed to have no prior knowledge of this. So two out of three homeowners who are on the street now, did not have the opportunity to protest the sidewalks earlier. Another thing, I had spoke to Mr. Buell about…we’ve heard about safety issues and one concern that we have is that you have this sidewalk going through the development and its obvious that you need it there but when you get to Mount Olive Road there’s no sidewalk there. My husband and I are routine pedestrians, bicyclist and so on. We are just used to being careful. Now I know the road can be busier, we understand that part but once you get to Mount Olive Road you have to show more caution. Mr. Buell and I had talked about having sidewalks on this last small stretch compared to the size of the development it may only be giving the pedestrians an illusion of safety, that your thinking sidewalks may continue and then you get to Mount Olive Road there’s no sidewalks and then you have to be very careful. Perhaps it is better for the pedestrians to come to this realization, that oops… we better be careful now on this very small stretch before you get to Mount Olive Road which is a much busier road. So those are some other issues that we had, that perhaps were not in the letter.

President Greenbaum: Thank you very much, I appreciate it. Russ, what I would like you to do is to… I would like you to leave here… I assume Lisa has your name and number?

Mrs. McGill: Yes she does.

President Greenbaum: Mr. Tepper will report back to Lisa as to when this issue is going to be addressed before the Planning Board so that you can have adequate notice and be able to participate at the Planning Board level.

Mrs. McGill: Thank you.

Questions on Bill List? None

APPROVAL OF MINUTES OF PREVIOUS MEETINGS

Feb. 13, 2007 PM – All Present except Mr. Perkins
Feb. 13, 2007 CS – All Present except Mr. Perkins
Feb. 20, 2007 WS – All Present
Feb. 20, 2007 CS - All Present

President Greenbaum: Mr. Biondi do you want move the Minutes from previous meetings? Get ready you’re going to be busy from this point on.

Mr. Biondi: I move the Minutes of previous meetings, February 13th Public Meeting, February 13th CS, February 20th Workshop, February 20th CS.

Mr. Rattner: Second.

President Greenbaum: Moved and seconded. Any discussion, deletions, additions, corrections? Roll Call please.

ROLL CALL: Passed Unanimously with the exception Mr. Perkins abstained on
February 13th PM and CS.

CORRESPONDENCE

LETTERS FROM RESIDENTS / ORGANIZATIONS

1. Letter received February 9, 2007, from the Mt. Olive Township Historical Society Regarding the request for Quasi-Entity Status.

RESOLUTIONS / ORDINANCES / CORRESPONDENCE OTHER TOWNS

2. Ordinance received February 12, 2007, from the Township of Roxbury regarding Land Use.

3. Two Ordinances received February 12, 2007, from the Township of Chester regarding Land Use.

4. Resolution received February 14, 2007, from the Township of Parsippany regarding Renewal of the Garden State Preservation Trust Fund and Petitioning Members of the Morris County Legislative Delegation to Provide Support for the Renewal of the Fund.

5. Resolution received February 20, 2007, from the Borough of Chatham supporting Renewal of the Garden State Preservation Trust Fund and Petitioning Members of the Morris County Legislative Delegation to Provide Support for the Renewal of the Fund.

LEAGUE OF MUNICIPALITIES

6. Information received February 23, 2007, from the New Jersey State League of Municipalities regarding Pancake Breakfast.

7. Legislative Bulletin received February 23, 2007, from the New Jersey State League of Municipalities regarding Bills that were enacted as the Public Laws of 2006-2007.

MUA / MSA

8. Meeting schedule received February 12, 2007, from the Musconetcong Sewerage Authority regarding 2007 meeting dates.

DOT / DEP / LOI / HIGHLANDS

9. Letter received February 12, 2007, from the State of New Jersey, Department of Environmental Protection regarding Pre Cancellation Letter for Freshwater Wetlands Letter of Interpretation – Line Verification Application. Applicant: Jay-Bob Associates, c/o RD Management LLC. Block 102, Lot 2. (56 Route 46, Budd Lake).

10. Letter received February 12, 2007, from Richard T. Burke regarding Ziarnowski Variance Application #05-56 – ZBA Block 3103, Lot 4 (87 Netcong Road, Budd Lake).

11. Notice received February 13, 2007, from NJ Transit regarding upcoming hearing.

12. Letter received February 20, 2007, from State of New Jersey, Department of Environmental Protection regarding Closure Correspondence / Compliance Inspection for Block 5800, Lot 5 (16 Ironia Road)

13. Letter received February 23, 2007, from State of New Jersey, Department of Transportation regarding Naughright Road Project.

UTILITIES

14. Fax received February 12, 2007, from Comcast regarding March Channel Changes.

15. Letter received February 22, 2007, from Comcast regarding informational breakfast.

MORRIS COUNTY

16. Preliminary Equalization Table received February 23, 20007, from County of Morris regarding the year 2007.

17. Letter received February 23, 2007, from Morris County Community Development regarding Budd Lake Drainage.

LEGISLATIVE REPRESENATIVES

18. E-mail received February 16, 2007, from Congressman Frelinghuysen regarding House Debates Iraq Resolution, and House Passes Bipartisan Small Business Tax Relief Act.

DCA

19. E-mail received February 13, 2007, from Department of Community Affairs regarding Local Finance Notice 2007, CY Municipal Information Sheets, CY 2007 Budget Cap, Hurricane Preparedness Study, Applications for Senior Citizen Property Tax Relief, State income tax returns, Certification renewals, Bureau of Boiler and Pressure Vessel Compliance, Fire District Elections, DCA Bureau of Homeowner Protection Act and the Environmental Infrastructure Financing Programming.

20. Local Finance Notice received February 20, 2007, from Department of Community Affairs, Division of Local Government Services regarding Fees for Marriage and Civil Union Ceremonies.

President Greenbaum: There are 20 pieces of Correspondence on the Amended Agenda this evening. Does anyone wish to discuss any particular piece of Correspondence? Seeing none, we will move on.

ORDINANCE FOR PUBLIC HEARING

President Greenbaum: The first Ordinance for Public Hearing is Ordinance #4-2007 entitled:

Ord. #4-2007 An Ordinance of the Township Council of the Township of Mount Olive to Amend the Salaries of Certain Non-Union Personnel for the Year 2007.

President Greenbaum: At this point in time I would like to open it up to the public to anyone who wishes to discuss this particular Ordinance. Seeing none, I close it to the public. Mr. Biondi, do you want to move that for approval please?

Mr. Biondi: Mr. President I move Ordinance #4-2007 for approval.

Mr. Tepper: Second.

President Greenbaum: Moved and seconded. Is there any discussion? Roll Call please.

ROLL CALL: Passed Unanimously

President Greenbaum: Ordinance #4-2007 has passed on second reading and I hereby direct the Clerk to forward a copy of same to the Mayor and publish the notice of adoption as required by law. The next Ordinance for Public Hearing is Ordinance #5-2007 entitled:

Ord. #5-2007 An Ordinance of the Township of Mount Olive Rescinding Ordinance 36-2006 and Amending Section 4-06 “Meetings” Subsection E “Conference Meetings.”

President Greenbaum: At this point I will open it up to the public. Seeing none, I close it to the public. Mr. Biondi, do you want to move that for approval?

Mr. Biondi: Mr. President, I move Ordinance #5-2007 for passage.

Mr. Buell: Second.

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

ROLL CALL: Passed Unanimously

President Greenbaum: Ordinance #5-2007 has passed on second reading and I hereby direct the Clerk to forward a copy of same to the Mayor and publish the notice of adoption as required by law. The next Ordinance for Public Hearing is Ordinance #6-2007 entitled:

Ord. #6-2007 Bond Ordinance of the Township of Mount Olive, In the County of Morris, New Jersey Amending Section 3(h) of Bond Ordinance Numbered #27-2005 Finally Adopted August 9, 2005 in Order to Amend the Description of the Project Authorized Therein.

President Greenbaum: Does anyone in the public have any clue what this Ordinance is about? Anyone wish to comment on Ordinance #6-2007? Mr. Biondi, do you want to move that for approval please?

Mr. Biondi: Mr. President, I move Ordinance #6-2007 for final approval.

Mr. Rattner: Second.

President Greenbaum: Moved and seconded. Is there any Council discussion? Roll Call please.

ROLL CALL: Passed Unanimously

President Greenbaum: Ordinance #6-2007 has passed on second reading and I hereby direct the Clerk to forward a copy of same to the Mayor and publish the notice of adoption as required by law.

President Greenbaum: The next Ordinance for Public Hearing is Ordinance #7-2007 entitled:

Ord. #7-2007 Bond Ordinance of the Township of Mount Olive, In the County of Morris, New Jersey Amending Section 3(i) of Bond Ordinance Numbered #37-2002 Finally Adopted September 24, 2002 in Order to Amend the Description of the Project Authorized Therein.

President Greenbaum: Is there anyone from the public who wishes to be heard? Seeing none, I close it to the public. Mr. Biondi?

Mr. Biondi: Mr. President, I move Ordinance #7-2007 for final approval.

President Greenbaum: Is there a second?

Mr. Buell: Second.

President Greenbaum: Moved and seconded. Any Council Discussion?

Mr. Buell: Yes, the Budd Lake Rescue Squad. The acquisition of the new ambulance, is this the ambulance that we were talking in this current budget?

President Greenbaum: No.

Mr. Tepper: It’s two years ago.

Mr. Buell: Two years ago, okay.

Mr. Sohl: This is one of the three Ordinances that had a defect in advertising, I think, that had to be redone.

President Greenbaum: Any other Council discussion? Roll Call please.

ROLL CALL: Passed Unanimously

President Greenbaum: Ordinance #7-2007 has passed on second reading and I hereby direct the Clerk to forward a copy of same to the Mayor and publish the notice of adoption as required by law. The next Ordinance for Public Hearing is Ordinance #8-2007 entitled:

Ord. #8-2007 Bond Ordinance Providing for the Acquisition of Various Equipment of the Township of Mount Olive, in the County of Morris, New Jersey, Appropriating the Aggregate Amount of $122,000 Therefor and Authorizing the Issuance of $115,900 Bonds or Notes of the Township to Finance Part of the Cost Thereof.

President Greenbaum: Is there anyone from the public who wishes to be heard on this particular Ordinance? Seeing none, I close it to the public. Mr. Biondi, do you want to move that please?

Mr. Biondi: Mr. President, I move Ordinance #8-2007 for final passage.

Mr. Buell: Second.

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

ROLL CALL: Passed Unanimously

President Greenbaum: Ordinance #8-2007 has passed on second reading and I hereby direct the Clerk to forward a copy of same to the Mayor and publish the notice of adoption as required by law. To all of you here from St. Michael’s who are studying municipal government, what is required to make this action that we just took on each of these ordinances a law of the Township? Does anyone know? Who needs to sign it? The Mayor, the Mayor needs to sign the ordinance. If the Mayor doesn’t sign it or if he vetos it, it comes back to Council.

ORDINANCES FOR FIRST READING – 2nd Reading 3/13/07

President Greenbaum: The first ordinance is Ordinance #9-2007 entitled:

Ord. # 9-2007 An Ordinance of the Township of Mount Olive, County of Morris, and State of New Jersey to Supplement Chapter 230, Taxation, With the Addition of Article III, “Payment of Delinquent Property Taxes.

President Greenbaum: Mr. Biondi do you want to move that for first hearing, second hearing to be March 13, 2007?

Mr. Biondi: Mr. President, I move that Ordinance #9-2007 be introduced by title and passed on first reading and that a meeting be held on March 13, 2007, at 7:30 p.m. at the Municipal Building, 204 Flanders-Drakestown Road, Mount Olive, New Jersey, for public hearing, consideration of second reading and passage of said ordinance and that the Clerk be directed to publish, post and make available said ordinance in accordance with the requirements of the law.

President Greenbaum: Is there a second?

Mrs. Labow: Second.

President Greenbaum: Any Council discussion? Roll Call please.

ROLL CALL: Passed Unanimously

President Greenbaum: The next ordinance is Ordinance #10-2007 entitled:

Ord. #10-2007 An Ordinance of the Township of Mount Olive to Amend and Supplement Section 400-10, Entitled “Building Construction,” Subsection B Entitled “Fees” of the Code of the Township of Mount Olive.

President Greenbaum: Mr. Biondi, do you want to move that for first hearing?

Mr. Biondi: Mr. President, I move that Ordinance #10-2007 be introduced by title and passed on first reading and that a meeting be held on March 13, 2007, at 7:30 p.m. at the Municipal Building, 204 Flanders-Drakestown Road, Mount Olive, New Jersey, for public hearing, consideration of second reading and passage of said ordinance and that the Clerk be directed to publish, post and make available said ordinance in accordance with the requirements of the law.

Mr. Buell: Second.

President Greenbaum: Moved and seconded. Any Council discussion?

Mr. Rattner: I just want to remind the Administration what was discussed at our budget hearing, that prior to the public hearing on this, to do an analysis on what the increase would be and whether or not it would make the department self sustained. I said it didn’t have to be tonight but thank you.

President Greenbaum: Any further discussion from Council? Roll Call please.

ROLL CALL: Passed Unanimously

President Greenbaum: The next ordinance for first hearing is Ordinance #11-2007 entitled:

Ord. #11-2007 Bond Ordinance of the Township of Mount Olive, in the County of Morris, New Jersey Amending Section 3(m) of Bond Ordinance #11-2001, as Supplemented by Bond Ordinance #6-2002 and Providing a Supplemental Appropriation of $150,000 Expected to be Received as a Grant from the State of New Jersey Department of Transportation to Supplement the $3,500,000 Appropriated by Bond Ordinance #11-2001 and the $1,608,000 Appropriated by Bond Ordinance #6-2002 of the Township.

President Greenbaum: Mr. Biondi?

Mr. Biondi: Yes, Mr. President. I move that Ordinance #11-2007 be introduced by title and passed on first reading and that a meeting be held on March 13, 2007, at 7:30 p.m. at the Municipal Building, 204 Flanders-Drakestown Road, Mount Olive, New Jersey, for public hearing, consideration of second reading and passage of said ordinance and that the Clerk be directed to publish, post and make available said ordinance in accordance with the requirements of the law.

Mrs. Labow: Second.

President Greenbaum: Moved and seconded. Any Council discussion?

President Greenbaum: Any further discussion from Council? Roll Call please.

ROLL CALL: Passed Unanimously

President Greenbaum: The next ordinance for first hearing is Ordinance #12-2007 entitled:

Ord. #12-2007 Ordinance of the Township of Mount Olive, in the County of Morris, New Jersey Amending Bond Ordinances #16-2000, #24-03, as Amended by Ordinance #18-2005, and #23-2004, Respectively, in Order to Amend the Description of the Projects Authorized Therein to Include the Construction of the New Public Works Building.

President Greenbaum: Mr. Biondi.

Mr. Biondi: Mr. President, I move that Ordinance #12-2007 be introduced by title and passed on first reading and that a meeting be held on March 13, 2007, at 7:30 p.m. at the Municipal Building, 204 Flanders-Drakestown Road, Mount Olive, New Jersey, for public hearing, consideration of second reading and passage of said ordinance and that the Clerk be directed to publish, post and make available said ordinance in accordance with the requirements of the law.

Mrs. Labow: Second.

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

ROLL CALL: Passed Unanimously

President Greenbaum: The last ordinance this evening for first hearing is Ordinance #13-2007 entitled:

Ord. #13-2007 Bond Ordinance Providing for the Resurfacing of Various Roads in and by the Township of Mount Olive, in the County of Morris, New Jersey, Appropriating $146,179 Therefor and Authorizing the Issuance of $138,870 Bonds or Notes of the Township to Finance Part of the Cost Thereof.

President Greenbaum: Mr. Biondi.

Mr. Biondi: Mr. President, I move that Ordinance #13-2007 be introduced by title and passed on first reading and that a meeting be held on March 13, 2007, at 7:30 p.m. at the Municipal Building, 204 Flanders-Drakestown Road, Mount Olive, New Jersey, for public hearing, consideration of second reading and passage of said ordinance and that the Clerk be directed to publish, post and make available said ordinance in accordance with the requirements of the law.

Mr. Buell: Second.

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

Mrs. Labow: Yes, but could you add the e to the first therefore a little minor typo.

Mrs. Lashway: I don’t usually correct Bond Counsel’s typographical errors.

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 the Use of a Purchasing Contract (MCCPC# 38 & #41 Pinnacle Wireless Inc.).

2. Resolution of the Township Council of the Township of Mount Olive Providing for the Transfer of 2006 Budget Appropriations for the Current Fund Budget.

3. Resolution of the Township Council of the Township of Mount Olive Endorsing the Application of Mount Olive Historical Society as a Quasi-Entity for Purposes of Insurance Coverage.

4. Resolution of the Township Council of the Township of Mount Olive Authorizing a Grant Agreement with Morris County Open Space Trust for the Silver Springs Extension Project.

5. Resolution of the Township Council of the Township of Mount Olive Authorizing Mayor David Scapicchio to Execute a Drunk Driving Enforcement Fund Application.

6. A Resolution of the Township Council of the Township of Mount Olive Authorizing the Award of a Non-Fair and Open Contract for the Position of Township Attorney.

7. Resolution of the Township Council of the Township of Mount Olive Requesting the Musconetcong Sewerage Authority (MSA) to Make an Application to NJDEP to Place Lot 10, Block 4100, Commonly Referred to as Combe Fill North Within the MSA Sewer Area.

8. Resolution of the Township Council of the Township of Mount Olive Authorizing William Sohl, Business Administrator, to Execute a TWA Application for the Musconetcong Sewerage Authority.

PUBLIC PORTION ON CONSENT RESOLUTIONS

COUNCIL COMMENTS ON CONSENT RESOLUTIONS

President Greenbaum: This evening on the Amended Agenda we have eight resolutions on Consent Resolutions. Does any Councilmember wish to have any of the resolutions removed? Seeing none. I will open it up to the public for anyone who wishes to comment on any of the eight resolutions on the Consent Resolutions Agenda. Seeing none, I will close it to the public. Is there any brief clarifying statement from any Councilmember on the Consent Resolutions Agenda? Seeing none. Roll Call.

Mrs. Lashway: It has to be moved.

President Greenbaum: I’m sorry, it wasn’t moved? Mr. Biondi do you want to move it first please?

Mr. Biondi: Mr. President, I move Consent Resolutions #1-8 for passage.

Mrs. Labow: Second.

President Greenbaum: Thank you. Moved and seconded. Roll Call please.

ROLL CALL: Passed Unanimously

RESOLUTIONS NON CONSENT

President Greenbaum: Non Consent Resolution #9, do you want to move that Mr. Biondi?

Mr. Biondi: Mr. President, I move Non Consent Resolution #9 for approval.

President Greenbaum: Which is:

9. Resolution of the Township Council of the Township of Mount Olive Authorizing a Developer’s Agreement Based Upon Final Subdivision Approval Between the Township and Toll Brothers, LLC, Morris Hunt Phase II.

Mr. Buell: Second.

PUBLIC PORTION ON INDIVIDUAL RESOLUTIONS

President Greenbaum: Moved and seconded. Mr. Tepper one minute. Is there anyone from the public who wishes to be heard on this particular resolution? Seeing none, I close it to the public. Mr. Tepper?

COUNCIL COMMENTS ON INDIVIDUAL RESOLUTIONS

Mr. Tepper: Question, do we have to have a resolution having to doing with the proposed water franchise before we move forward with this?

Mr. Dorsey: No. That has to do with Morris Chase. The issue you raised has to do with the Morris Chase Developer’s Agreement where the water system is primarily located. There has been an Ordinance submitted by American Water as adjunct with Toll Brothers in connection with Morris Chase. That Ordinance is being reviewed and I have set up a meeting with BPU to discuss it. I will discuss it further with you next week.

Mr. Tepper: Thank you.

President Greenbaum: Any other Council discussion? Ray, have all of the issues that were identified been addressed?

Mr. Perkins: Yes, Mr. President.

ROLL CALL: Passed Unanimously

President Greenbaum: The next resolution is entitled:

10. Resolution of the Township Council of the Township of Mount Olive Authorizing a Developer’s Agreement Based Upon Final Subdivision Approval Between the Township and Toll Brothers, LLC, Morris Hunt Phase III.

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

Mr. Biondi: Mr. President, I move Non Consent Resolution #10 for passage.

Mr. Perkins: Second.

President Greenbaum: Moved and seconded. Anyone from the public that wishes to be heard? Seeing none, I close it to the public. Any Council comment?

ROLL CALL: Passed Unanimously

President Greenbaum: We are up to #11 entitled:

11. Resolution Determining the Form and Other Details of the $4,050,000 General Obligation Bonds, Consisting of $2,005,000 General Improvement Bonds, $645,000 Water Utility Bonds and $1,400,000 Tax Appeal Refunding Bonds and Providing for Their Sale

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

Mr. Biondi: Mr. President, I move Non Consent Resolution #11 for passage.

Mrs. Labow: Second.

President Greenbaum: Moved and seconded. Is there anyone from the public who wishes to be heard? Seeing none, I close it to the public. Any Council Comment? Roll Call please.

ROLL CALL: Passed Unanimously

President Greenbaum: We are up to #12 entitled:

12. Resolution Providing for the Combination of Certain issues of Water Utility Bonds of the Township of Mount Olive, in the County of Morris, New Jersey into a Single Issue of Bonds Aggregating $645,000 in Principal Amount.

President Greenbaum: Mr. Biondi?

Mr. Biondi: Mr. President, I move Non Consent Resolution #12 for approval.

Mr. Tepper: Second.

President Greenbaum: Moved and seconded. Is there anyone from the public who wishes to be heard? Seeing none. Any Council comment? Roll Call please.

ROLL CALL: Passed Unanimously

President Greenbaum: Resolution #13 entitled:

13. Resolution Providing for the Combination of Certain Issues of General Improvement bonds of the Township of Mount Olive, in the County of Morris, New Jersey into a Single Issue of bonds Aggregating $2,005,000 in Principal Amount.

President Greenbaum: Mr. Biondi.

Mr. Biondi: Mr. President, I move Non Consent Resolution #13 for approval.

Mr. Buell: Second.

President Greenbaum: Moved and seconded. Is there anyone from the public who wishes to be heard? Seeing none, I close it to the public. Any Council comment?

ROLL CALL: Passed Unanimously

President Greenbaum: Resolution #14 entitled:

14. Resolution of the Township Council of the Township of Mount Olive Authorizing a Place-to-Place Transfer of Alcoholic Beverage License No. 1427-33-008-004 Issued to Flanders Valley Caterers, Inc. from 80 Pleasant Hill Road to 80 Pleasant Hill Road (Expansion of Premises).

President Greenbaum: Mr. Biondi.

Mr. Biondi: Mr. President, I move Non Consent Resolution #14 for approval.

Mrs. Labow: Second.

President Greenbaum: Moved and seconded. Is there anyone from the public who wishes to be heard? Seeing none. I close it to the public. Anyone on Council wish to be heard? Roll Call please.

ROLL CALL: Passed Unanimously

MOTIONS

President Greenbaum: Motions, #1 is:

1. Approval of an Amendment to Bingo License #2167 issued to the Budd Lake Volunteer Fire Co.
#1, Inc.

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

Mr. Biondi: Mr. President, I move motion #1 for approval.

Mr. Perkins: Second.

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

ROLL CALL: Passed Unanimously

2. Bill List

President Greenbaum: Bill List, do you want to move it please, Mr. Biondi?

Mr. Biondi: I move the Bill List Mr. President, for approval.

Mr. Buell: Second.

President Greenbaum: Moved and seconded. Is there any Council comment? Is there anyone from the audience? Did you have anything tonight Mr. Russell on the Bill List?

Mr. Russell: You didn’t have any available for…

Mrs. Lashway: I apologize.

President Greenbaum: Okay, we are going to withhold the Bill List momentarily. We will move on to the other items then we will deal with the Bill List prior to closing the meeting so that Mr. Russell can have an opportunity to review it.

ADMINISTRATIVE MATTERS

President Greenbaum: Mr. Sohl or Mayor, do you have any additional Administrative matters this evening?

Mr. Sohl: Nothing right now.

President Greenbaum: Okay, just so the public is aware next Tuesday night we intend to continue with our budget discussions. There will also be a public portion related to the replacement of Mr. Biondi’s successor as is established by law in terms of how that successor is chosen and hopefully by the conclusion of Tuesday night’s meeting we’ll have a budget in good enough form to… and in good enough time to actually introduce the budget at the public meeting of the 13th.

OLD BUSINESS - None

NEW BUSINESS - None

LEGAL MATTERS

Mr. Dorsey: Yes, I will take a minute Mr. Council President. In the first place, I must thank Councilman Rattner, who denied me a contingent fee last week, for all of his very considerable work in connection with the sale of Combe Fill North. It’s a very complicated process. It’s a process that involves six or seven different independent agencies. It so happens that Mr. Councilman Rattner sits on two or three of those agencies but he has done a super job in terms of representing the Township’s interests. I mean it has been so good that the Rockefeller Group wanted to hire him. They sent a contract to hire him but I wouldn’t approve it because we don’t want to lose Mr. Rattner. He’s also doing…

Mr. Rattner: Wait a minute. I think your ethics require you to present any contract to a client that’s in your possession. I’m the client. You mean you withheld an offer?

Mr. Dorsey: I withheld it. I always do what’s best for the interests of the Township, Mr. Rattner…

President Greenbaum: Can we get a Roll Call on that please?

Mr. Rattner: I’ll move it.

Mr. Dorsey: Mr. Rattner is also going to be a chief witness for the defense in the Dattolo matter. We have three attorneys working so that when we put him on the witness stand he manages to confine his answers to the questions asked and it may be an overpowering process and he has also leaned very heavily on Lisa, as have I, to do research for us. She has been great digging them up. Well, Lisa has done a great job. Number two, on the Muelbauer House we discussed that some time ago. I now have the three checks from the three insurance companies who agreed to pay…and a number less than I would have liked to submitted, but it was what the Assessor gave us, so we were locked in. The fourth arrangement was made through Mr. Sohl. I’ve sent the final papers and I simply have to wait for the attorney to approve them. So it means you will come fairly close within a couple of thousand dollars of the low estimate of the damage. Secondly, I am going to turn in a check to the Township tonight for $16,712.50. Starting about three years ago Vollers Excavating, who you all know as a contractor at the FTZ and elsewhere, instituted the most amazing piece of litigation against AIG Baker, the Township and others. We have represented the Township, of course, in that litigation brought by Vollers and based upon a requirement in the original developers agreement signed by AIG Baker that they would have to defend and hold harmless the Township, I have recaptured all of my legal fees to the Township for the year 2005 based upon paid bills Finance gave to me. So there is $16,000 to the Township. That’s it.

President Greenbaum: Thank you very much. As always.

Mr. Rattner: Gee, if you would have done $100,000 worth of work there would have been a $100,000 bill.

Mr. Dorsey: You are such a wise guy. I tell you there is more coming.

Mr. Rattner: Okay.

President Greenbaum: Nelson did you have a chance to review the Bill List?

Mr. Russell: Yes, no questions.

President Greenbaum: No questions this evening. Mr. Biondi, do you want to move the Bill List?

Mr. Biondi: I would like to move the Bill List.

President Greenbaum: It has already been moved and seconded, I apologize. Is there any discussion? Roll Call please.

ROLL CALL: Passed Unanimously

COUNCIL REPORTS

Recreation Liaison Report

President Greenbaum: Okay Mr. Biondi you are up on recreation. You are giving all of the Committee Reports this evening.

Mr. Biondi: No report on recreation.

Board of Health Report

President Greenbaum: Board of Health Report. Mr. Biondi you can defer to Mrs. Labow if you’d like.

Mr. Biondi: I would like to defer to Mrs. Labow on the Board of Health. It’s her bailiwick.

Mrs. Labow: My bailiwick. We met this past Wednesday and we have been researching the possibility of having a stacking ordinance for Mount Olive. We were directed to review that a couple of months ago. In the past two months, Frank Wilpert our Health Officer, myself and our Attorney, Peter King, met with Ann from Parsippany who is the Councilwoman involved in their stacking ordinance. As many of us know, right now the apartment complex owner in Parsippany has taken Parsippany to court on a couple of issues. Mr. Wilpert also did some more research as far as where this ordinance should be in terms of where other Townships have it placed. I found out that Parsippany, Dover and Morristown, that ordinance is through their municipal end of it, their zoning department. With that being said we decided that it would be something that we would bring back to Council and say that, to have a stacking ordinance that is managed through the Health Department is probably not appropriate because basically it is a zoning issue and the recommendation from the Board of Health would be if the Council would be so inclined to have a steering committee formed, our recommendations were to have a member of the Council on it, a member of the Board of Education on it, a member from the Board of Health and a member from the public, representation from the apartment complex’s and a member of the Zoning Department/Administration on the steering committee to review if having this, to having a stacking ordinance is something that this Township wants to have on our books. The Health Department basically said is if there is a stacking issue where there may be a bug infestation or some kind of germs or sickness or illness, the Health Department would still be brought in regardless, even if it was something that they would not actually enforce overall. So what’s your pleasure, Mr. Council President?

President Greenbaum: Give to me in a memo and I will address it in terms of appointing some kind of committee to take a look at the issue of stacking. I think the first thing to do is to send something off to Zoning and to the School Board to identify whether or not Mount Olive has a stacking issue.

Mrs. Labow: Well, that is exactly what a Steering Committee would do.

President Greenbaum: I am not sure that we need to formally do that as opposed to…if you send me a memo I will direct the Clerk’s office to direct that issue to both the Board of Education and to the Zoning Department to get their take on it and we will take it from there. Thank you.

Planning Board Report

President Greenbaum: Planning Board Report. Mr. Biondi, did you want to defer that to Mr. Tepper?

Mr. Biondi: I would like to defer to Mr. Tepper on the Planning Board please.

Mr. Tepper: Thank you, Mr. Biondi. Although the first meeting will be next week, there was a letter that was sent out regarding the Highlands and I wanted to make sure that everyone is aware that on March 15th that there will be public meeting of the Planning Board whereby Chuck McGoarty will talk about the Highlands Draft Regional Master Plan and anyone who is interested on how that will impact on our Town is welcome to attend.

Board of Adjustment Liaison Report

President Greenbaum: Okay, Board of Adjustment Report. Mr. Biondi did you want to defer to Mr. Perkins?

Mr. Biondi: I would like to defer to Mr. Perkins please.

Mr. Perkins: I refer it right back to you.

Mr. Biondi: Thank you Mr. Perkins. No report on Board of Adjustment this evening.

Mr. Perkins: No report Mr. President, standard business as usual. Thank you, Mr. Biondi.

Open Space Committee Report

President Greenbaum: Open Space Report Mr. Biondi.

Mr. Biondi: I would like to defer to Mrs. Labow.

Mrs. Labow: There is no report this evening as we don’t meet until two weeks from now.

Legislative Committee Report

Mr. Biondi: There is no report this evening.

Pride Committee Liaison Report

President Greenbaum: Pride Committee Report, Mr. Biondi.

Mr. Biondi: I would like to defer to Mr. Perkins for the Pride Committee.

Mr. Perkins: Thank you, Mr. Biondi. Mr. President, we had the first meeting of this new year. We had our reorganization. They are putting together some new members. They did have a meeting with our new Mayor, trying to get the Administration’s take on where the Pride Committee should continue to focus their efforts. They should be coordinating a lot of their efforts this upcoming year with the Economic Development Committee. It probably makes good sense for them to join up together. The billboard down on Route 206 is getting ready to be changed. Now that CBS is the new owners, at least the new billboard folks, we are having a little problem with them. Other than that, business as usual.

Mr. Biondi: Thank you, Mr. Perkins.

President Greenbaum: Thank you, Mr. Biondi.

Board of Education Liaison Report

President Greenbaum: Board of Education Report, Mr. Biondi.

Mr. Biondi: I would like to defer that report to Mr. Buell.

Mr. Buell: Thank you.

President Greenbaum: I think Mr. Buell already brought it to the Council meeting.

Mr. Biondi: Yes he did… and boy did he.

Mr. Buell: Forty-five people. A couple of other things happened at the Board of Education meeting. Carl Eckert has been…he is in the process of being appointed as the new football coach. They are moving on with the selection of the Principal of the Sand Shore School. On March 5th there is a special meeting. We have noticed so that more than one of us or more than three of us can be at the presentation of the 2007 School Budget, the Board of Education Budget, and that starts at 7:30 p.m. The venue has been changed from the Administration Building to the Middle School. So it is at the Middle School.

President Greenbaum: Cafeteria?

Mrs. Labow: Yes.

Mr. Buell: The last piece is that the Superintendent announced that they have a group of seven students up at, I think, the Sand Shore School who set up their own recycling crew. I would suggest that possibly the SWAC Committee get in touch with the seven students. It would be interesting…

Mr. Biondi: There is a member of SWAC here this evening.

Mr. Buell: That’s it basically.

President Greenbaum: Were both meetings changed to the Middle School? Or the first is still at the…

Mr. Buell: The meeting on the 5th to present the School Board Budget is at the Middle School.

President Greenbaum: Right and the meeting on the 6th is at the Administration building.

Mr. Buell: There’s nothing on the 6th.

President Greenbaum: Yes, there is a meeting at 6:00 and I think it just relates to…

Mr. Rattner: Outsourcing.

Mr. Buell: Oh no, shared services.

President Greenbaum: Yes. shared service.

Mr. Tepper: I thought that was the 5th.

Mrs. Labow: Mr. Buell, did you want to announce who the candidates were for the…yesterday was the deadline.

Mr. Tepper: There is only one extra.

Mr. Buell: I read it but I did not get to who all the candidates who were announced….