Mt. Olive Township Council Minutes
July 8, 2003

PLEDGE OF ALLEGIANCE

The Regular Meeting of the Mount Olive Township Council was called to order at 10:15 pm by Council President Guenther with the Pledge of Allegiance to the Flag.

MOMENT OF REFLECTION in recognition of the men and women fighting terrorism and those who have lost their lives defending the freedom we all enjoy

OPEN PUBLIC MEETINGS ACT ANNOUNCEMENT

According to the Open Public Meetings Act, adequate Notice of this Meeting has been given to the Morristown Daily Record. Notice has been posted at in the Municipal Building, 204 Flanders-Drakestown Road, Mt. Olive, New Jersey, and notices were sent to those requesting the same.

ROLL CALL: Present: Mr. Spino, Mrs. Miller, Mr. Rattner, Mr. Greenbaum, Mr. Scapicchio, President Guenther
Absent: Mr. Perkins

ALSO PRESENT: Cynthia Spencer, Business Administrator; Lisa Lashway, Township Clerk; John Dorsey, Township Attorney

President Guenther: With the indulgence of the public, I’m going to skip the public comment period since it seems to have been very ample in the last session. I will have the one at the end so you will have a chance to comment on anything that has been discussed.

DMINISTRATIVE MATTERS

Proclamation for Senior Citizen’s Day

WHEREAS, Mount Olive Township respects and values its Senior Citizens; and
WHEREAS, Mount Olive Township wishes to observe the 28th anniversary of this special day; and
WHEREAS, Mount Olive Township wishes to provide a day of festivities, entertainment, lunch and prizes; and
WHEREAS, Mount Olive Township is able to provide transportation for the convenience of all
Seniors,
NOW THEREFORE BE IT PROCLAIMED that I, Paul R. Licitra, Mayor of Mount Olive Township, do hereby proclaim July 22, 2003, as Senior Citizens’ Day in Mount Olive Township.

President Guenther: Cindy, those three items, the announcements that you made at the workshop, from the Mayor, could you read those into the record.

Mrs. Spencer: The Township, within the last week, has been advised that we have received funds from the Clean Communities Program in the amount of $24,325.28. The Township’s Office of Emergency Management will receive $2,405.72 and the Police will be receiving $13,978.87 from their Bulletproof Vest Partnership Grant Program. In addition, we just found out today that we just received the FEMA Blizzard reimbursement that we applied for and that is in the amount of $74,290.00. So those items will be inserted into the budget.

President Guenther: We don’t need a Turkey Brook Status Report. We had that already. Does anybody have any new business to bring up? I think some new business has been mentioned. The detention basins, we’ll have that on the Agenda for some time in the future. Questions on the Bill List?

Mr. Rattner: I had a couple. Cynthia already has my questions.

President Guenther: Is anything being taken off the Bill List before we approve it, Steve?

Mr. Rattner: Aren’t we going to take action on the Bill List first?

President Guenther: Okay.

Mrs. Spencer: Do you just want the answers?

Mr. Rattner: No, we’ll do it when we get to the Bill List.

LEGAL MATTERS

Mr. Dorsey: Just one thing. I was finally able to get the Title Insurance Policy that insures our interest against the judgments of various creditors that Vizzoni got so that is resolved and to our surprise and to Gene Buczynski’s surprise that after we adopted the resolution, he paid off one of his creditors, put $26,500 in escrow to complete the work. Vizzoni has come back to do the work. So that takes the burden off of Gene and ultimately, Vizzoni will get the $26,500 and anything else that is left over. So it looks like after years and years that development is about to be resolved. It is my understanding that about a week or two ago there was discussion with the Library about the possibility of issuing a change order to the current contractor or were they required to bid and I’ve given them an opinion that they must bid because it wasn’t set up as an alternate in their original specs. You just can’t issue a change order for $150,000. So I faxed that information to Ms. Hilbert.

APPROVAL OF PREVIOUS MEETINGS:

May 13, 2003 Present: Mr. Greenbaum, President Guenther, Mrs. Miller, Mr. Perkins,
Mr. Rattner, Mr. Scapicchio, President Guenther
Absent: Mr. Spino

June 17, 2003 CS Present: Mr. Scapicchio, Mr. Rattner, Mr. Greenbaum, Mrs. Miller, Mr. Spino, Mr. Perkins
Absent: President Guenther

Mr. Scapicchio moved for approval of the Minutes and Mrs. Miller seconded the motion.

ROLL CALL: Passed Unanimously with the exception, Mr. Spino abstained on May 13, 2003, and President Guenther abstained on June 17, 2003 CS

CORRESPONDENCE

League of Municipalities

1. E-mail received June 17, 2003, from New Jersey State League of Municipalities regarding Constitutional Convention, Early Retirement and Abandoned Properties.

2. E-mail received June 18, 2003, from the New Jersey State League of Municipalities regarding Alert: Hotel Tax Bill in Committee on Thursday.

3. E-mail received June 20, 2003, from the New Jersey State League of Municipalities regarding Assembly to vote on Constitutional Convention, Governor Signs S-906 Providing CAP Relief.

4. Legislative Bulletin received June 20, 2003, from New Jersey State League of Municipalities regarding Bills that were enacted as Public Laws.

5. E-mail received June 20, 2003, from New Jersey State league of Municipalities regarding E-Line Alert: Hotel / Motel Occupancy Fee.

6. E-mail received June 25, 2003, from the New Jersey State League of Municipalities regarding Legislative Alert: Hotels/Motels.

TORT CLAIM

7. Notice of Claim received June 30, 2003, from Seth D. Levine,Esq. in the Matter of Jay, Susan & Jordan Kohn.

8. Summons received June 30, 2003, from Morris County Superior Court regarding Thomas Wendland vs. A&P, Officer John Bevacqua, Officer Anthony Annecchiarco, Detective Lucivero, Individually and their Official Capacity, The Township of Mount Olive and John Does.

DOT / DEP / Permit’s / LOI’s

9. Letter received June 16, 2003, from the State of New Jersey, Department of Environmental Protection regarding One Year Extension of Time, Treatment works Approval No. 00-3556 DPC Cirus.

10. Letter received June 18, 2003, from Stanley Karczynski, Eden Park LLC regarding application for a permit or approval to the NJ DEP under the Freshwater Wetlands Protection Act.

11. Letter received June 19, 2003, from Stanley Karczynski, Eden Park LLC regarding Application for permit approval to the NJ DEP under the Freshwater Wetlands Protection Act for Block 9001, Lots 4,12,& 13 (Roxbury Township)

12. Letter received June 23, 2003, from the State of New Jersey, Department of Environmental Protection regarding Freshwater Wetlands and Upland Buffer Protection.

13. Letter received June 23, 2003, from the State of New Jersey, Department of Environmental Protection regarding Briad Development Ease, a permit for construction and operation of Sanitary Sewer Extension to serve the Proposed Marriot Residence Inn.

14. Letter received June 26, 2003, from the State of New Jersey, Department of Environmental Protection regarding Clean Communities Program.

15. Letter received June 26, 2003, from the State of New Jersey, Department of Environmental Protection regarding Authorization for Freshwater Wetlands Statewide General Permit No. 11, Water Quality Certification and Waiver of Transition Area for Access.

16. Letter received June 26, 2003, from the State of New Jersey, Department of Environmental Protection regarding Transition Area Waiver – Averaging Plan Approval , Letter of Interpretation – Line Verification Applicant : William Asdal, Block 8100; Lot 3 (357 River Road)

17. Letter received July 1, 2003, from the State of New Jersey, Department of Environmental Protection regarding Administrative Consent Agreement, Mount Olive Township Library.

Resolutions, Ordinances, Correspondence from Other Towns

18. Resolution received June 18, 2003, from the Township of Chatham regarding Opposing the Utilization of Emergency Medical Technician Training Funds for Purposes other than Volunteer EMT Training and Recruitment as proposed in the Legislation that created the fund.

19. Ordinance received June 19, 2003, from Washington Township regarding Land Use.

20. Ordinance received June 23, 2003, from Washington Township regarding Land Use.

21. Resolution received June 23, 2003, from Hardyston Township regarding opposing the State Acquisition of Newark Watershed and within the Township of Hardyston until a Permanent Source of Revenue is provided to Host Municipalities.

22. Resolution received June 25, 2003, from the Township of Chester regarding objecting to rule changes Concerning Priority for Sewer Projects as of Jefferson.

Correspondence from Organizations, Committees, Boards

23. Invite received June 16, 2003, from the Boy Scouts of America, Central NJ Council regarding the 2003 Warren County “Good Scout Award” Reception.

24. Letter received June 16, 2003, from NJ GASP regarding Smoke free Air Laws, Smoke Free Restaurants in New Jersey.

25. Notice received June 20, 2003, from Relay for Life, American Cancer Society regarding “Walk Talk”.

26. Minutes received June 23, 2003, from the Morris County Planning Board regarding May 15th meeting.

27. Letter received June 24, 2003, from the Mount Olive Township Historical Society regarding Repair and Completion of Chain Link Fence around the Seward Mansion.

28. Newsletter received June 30, from Council on Affordable Housing regarding 2003 Regional Income Limits.

Utilities

29. Fax received June 17, 2003, from Comcast regarding “meet and greet.”

30. Letter received June 18, 2003, from Comcast regarding the Launch of High Definition Television.

Legislative Representatives

31. Letter received June 16, 2003, from Congressman Frelinghuysen regarding Creating Jobs, Promoting Economic Growth – Third Largest Tax Cut in U.S. History.

32. E-mail received June 20, from the State of New Jersey, regarding CAP Relief Bill.

MUA / MSA

33. Letter received June 26, 2003, from Musconetcong Sewerage Authority regarding Informational Meeting – NJDEP Policy, Existing Service Contracts.

34. Letter received July 1, 2003, from Musconetcong Sewerage Authority regarding List of Allocations for the Participating Municipalities in the 3.803 MGD Water Pollution.

President Guenther: Any comments on the Correspondence? Seeing none, we’ll move on.

ORDINANCES FOR PUBLIC HEARING

President Guenther opened the hearing to the Public on an ordinance entitled:

Ord.#25-2003 An Ordinance to Amend and Supplement an Ordinance Entitled An Ordinance of the Township of Mount Olive Establishing the Mount Olive Township Ethical Standards Board and Related Matters (Ordinance No. 1-2001)

Colleen Labow, Third St., Budd Lake: Mr. Guenther, you know it’s Labow, not Labow (pronounciation).

President Guenther: I’m sorry. It’s 10:20 pm. I’ve had a long day.

Mrs. Labow: It’s okay. I just want to ask a question about this ordinance because I don’t want there to be any
mistakes and I just want to make sure that I understand this properly. In the first two Whereases, I want to
confirm that the intent is that you want to guard against anyone politicizing the position on the Ethics
Committee, correct?

Mr. Dorsey: Yes.

Mrs. Labow: We get to the third Whereas and it says “Whereas the Township believes it inappropriate that the
deliberations of the Ethical Standards Board should be politicized but that politicizing the same should not be
guarded against.” So are you guarding against it or are you not guarding against it?

Mr. Dorsey: Guarding against it.

Mrs. Labow: But in the third Whereas, you say it should not be guarded.

President Guenther: Should be guarded.

Mr. Dorsey: Yes, should be guarded. You are right.

Mr. Greenbaum: The “not” is in the wrong place.

Mrs. Labow: I know. I was reading it and I understood the first two Whereases and then I was just like, is this a
blonde moment, the third one here? So what happens now?

Mr. Greenbaum: The “not” is in the wrong spot. It goes before “Should not be politicized. Politicizing of same
should be guarded against.”

Mrs. Labow: So what do you have to do now? You just amend it?

Mr. Dorsey: It’s an immaterial change. It’s a typo.

Mrs. Labow: So it is going to be corrected? Thank you very much.

Richard Bonte, Budd Lake Hts. Rd.: Speaking for myself and hopefully, Mr. Tarn, who caused this whole ordinance to happen, I just want to make sure and remind you that this has to go to Trenton to be reviewed before it comes back here. I just want to make sure that that accidentally does not get forgotten because then what happens, several years go by and we find out that didn’t happen.

Mr. Dorsey: The Clerk will do that after it has been finally published.

Mr. Bonte: Thanks.

Robert Elms, Smithtown Rd.: Can you tell us how that third paragraph is going to be changed?

Mr. Dorsey: It will read “Whereas, the Township believes it inappropriate that the deliberations of the Ethical Standards Board should be politicized and the politicizing of same should be guarded against.

Mr. Elms: So that is the way you are going to change it? We don’t need another first reading on this?

Mr. Dorsey: It’s in the Whereas clause. It doesn’t change the substance.

Mr. Elms: If I read your public policy correctly, it takes into account the person who you appointed to the Ethics Board to replace Mrs. Labow and since that person was on the Township Council for a number of years, is very heavily involved in politics, was appointed – a political appointment to the New Jersey DMV. I think you need to take some corrective action in that regard. Thank you.

President Guenther: I’ll close the hearing to the public.

Mr. Rattner moved for adoption and final passage of Ord. #25-2003 and Mr. Scapicchio seconded the
motion.

Mr. Greenbaum: I can’t let this go. I can’t tell you how ludicrous this is. We are correcting an ordinance which
had nothing wrong with it to start with. We do not have to set forth all of the grounds for which we will consider
or not consider somebody for an ethical position. If we are going to do that, then we need to go the full route.
There are a number of different categories of people who should not be sitting on the Ethics Board and if they
are not specifically set forth in the ordinance, then the ordinance is deficient. For instance, I believe that
convicted felons should not sit on the Ethics Board. It’s not in the ordinance; the ordinance needs to be
amended. I believe that incompetent people should not be on the Ethics Board. It is not in the ordinance; we
can’t consider that as a reason for disqualifying if we go forward with this. I believe that people who are
delinquent on taxes should not sit on the Ethics Board. It’s not in the ordinance, we can’t consider it. There was
nothing wrong with the ordinance to start with and it is just absolutely ludicrous that we are dealing with it at
this point in time in this fashion.

Mr. Rattner: The only thing I have to say to that is that a lot of people say that the only difference between a
convicted felon and a politician is that one just hasn’t gotten caught.

ROLL CALL: Passed Unanimously with the exception, Mr. Greenbaum voted No.

President Guenther declared that Ord. #25-2003 is passed on Second Reading and directed the Clerk to
forward a copy of same to the Mayor and public the notice of adoption as required by law.

President Guenther opened the hearing to the Public on an ordinance entitled:

Ord.#26-2003 An Ordinance of the Township of Mount Olive Authorizing a Revision to the Code of the Township of Mount Olive, Part II, Chapter 400 Land Use, Article V Design Guidelines and Technical Standards, Section 400-74 Surface Water Management Subsection E Design Standards. (Continue to July 22, 2003 for Planning Bd. Review)

Mr. Scapicchio: Bernie, aren’t we looking to continue this?

President Guenther: Then why is it on here?

Mrs. Lashway: Because it was scheduled for tonight. The Planning Board has not had an opportunity to review
it. We can’t take action.

President Guenther: Alright. It is continued to the 22nd.

Mrs. Lashway: You need to have a motion to continue it to July 22nd.

Mr. Greenbaum: You open it to the public and then you make a motion to continue is what you need to do.

President Guenther: Okay, I go back to Ord. #26-2003 which I struggled through reading the title thereof. I open to the public, seeing no comments, I entertain a motion for the adoption or continuance of this ordinance.

Mr. Greenbaum moved to Continue the public comment period until after the Planning Board has had a
chance to review it – to July 22, 2003 and Mr. Spino seconded the motion.

ROLL CALL: Passed Unanimously (to continue)

President Guenther opened the hearing to the Public on an ordinance entitled:

Ord. #27-2003 An Ordinance of the Township of Mount Olive Establishing Fees or Rates for Off Duty Police Officers.

President Guenther closed the public hearing.

Mrs. Miller moved for adoption and final passage of Ord. #27-2003 and Mr. Rattner seconded the motion.

ROLL CALL: Passed Unanimously

President Guenther declared that Ord. #27-2003 is passed on Second Reading and directed the Clerk to
forward a copy of same to the Mayor and public the notice of adoption as required by law.

President Guenther opened the hearing to the Public on an ordinance entitled:

Ord. #29-2003 Bond Ordinance Providing for the Acquisition of Water Meters in and by the Township of Mount Olive, in the County of Morris, New Jersey, Appropriating $11,125 Therefore and Authorizing the Issuance of $11,125 Bond or Notes of the Township for Financing the Cost Thereof.

Mr. Bonte: My question may be because I haven’t been here in the past few weeks. That is correct, $11,125? Is
that the correct dollar amount? Is this part of some other bond ordinance?

Mr. Rattner: What happened Mr. Bonte, in the budget we put in a certain amount of money to try to complete
the project of giving everybody water meters – people who were on just a flat rate. We went out to bid and we
got a price for the meters, the installation and anything else that went along with it and it looks like we get a lot
more for another $11,000. We didn’t have it. The budget had already been passed. We didn’t borrow any money
out of the water utility but to be able to award the bid, we needed the additional $11,000 so we took it from the
capital fund and we had to borrow the money because we tried going with the utilities, pay as you go. Once the
budget was struck, we couldn’t come up with the additional capital money so we could buy all of the water
meters as was suggested by the Public Works Director.

Mr. Bonte: There’s no way within the budget of the water and sewer utility to come up with this $11,000 to
transfer it from one line item to another?

Mr. Rattner: We used a little bit of the extra money to buy a truck or something.

Mr. Bonte: What does this cost us to buy this $11,000 worth of meters this way in bond attorney costs and
everything else? It seems to me…

Mr. Rattner: There won’t be any bond attorney fees, these are just the notes and we’ll probably pay it off at the
next year’s budget. This is not permanent financing. This is just going through to normal money, what is it the
State?

Mrs. Spencer: It will be paid off out of the water utility starting in January and we will never actually go to
bond.

Mr. Dorsey: There is bond attorney fees for drawing the ordinance. He is right about that.

Mr. Rattner: It’s just a short term bond. There is not going to be underwriting and all that other stuff. We had
the discussion, this was the practical way to go.

Mr. Bonte: I was just curious because it seemed like a very small amount.

President Guenther closed the public hearing.

Mr. Spino moved for adoption and final passage of Ord. #29-2003 and Mr. Greenbaum seconded the motion.

ROLL CALL: Passed Unanimously

President Guenther declared that Ord. #29-2003 is passed on Second Reading and directed the Clerk to
forward a copy of same to the Mayor and public the notice of adoption as required by law.

ORDINANCES FOR FIRST READING

President Guenther: There are no ordinances for first reading.

CONSENT RESOLUTIONS AGENDA:

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

CONSENT RESOLUTIONS

1. Resolution of the Township Council of the Township of Mount Olive Authorizing the Execution of a Developer’s Agreement Between the Township and Briad Development East, LLC. (Marriot)

2. Resolution of the Township Council of the Township of Mount Olive Authorizing the Use of Various Purchasing Contracts. (Warnock)

3. Resolution of the Township Council of the Township of Mount Olive Authorizing a Reduction in the Performance Guarantees RE: Lot 5, Block 7900 Stephen Mills Estates.

esolution of the Township Council of the Township of Mount Olive Authorizing the Use of State Purchasing Contract. (Village Office Supply & GTBM)

esolution of the Township Council of the Township of Mount Olive Authorizing a Contract with G.T.B.M., Inc., Also Known as Infocomp in Conjunction with Enforsys in the Total Amount of $191,280.00 to be Funded by Way of a Federal Grant.

esolution of the Township Council of the Township of Mount Olive Prohibiting Parking on Certain Streets from 12:00 Noon on September 12, 2003, through 12:00 AM on September 14, 2003. (St. Elizabeth’s Carnival)

esolution of the Township Council of the Township of Mount Olive Authorizing the Release of Performance Guarantees of ESA New Jersey, Inc. (Extended Stay of America)

mendment to Resolution, Application & Agreement for State Aid to Counties and Municipalities for Route 46 Sidewalk Improvements.

9. Resolution of the Township Council of the Township of Mount Olive Authorizing the Execution of a Settlement Agreement By and Between Firetower, LLC, et al and the Township of Mount Olive et als by the Mayor and the Township Clerk.

e Resolution of the Township Council of the Township of Mount Olive Endorsing an Application by TPL for Morris County Open Space Funds for the Acquisition of Firetower Estates.

esolution of the Township Council of the Township of Mount Olive to Extend the Grace Period for Payment of August 2003 Quarterly Tax Bills to August 13, 2003.

Mr. Scapicchio moved for approval of Resolution Nos. 1-11 and Mr. Rattner seconded the motion.

PUBLIC PORTION ON CONSENT RESOLUTIONS

Mr. Bonte: I’d like to comment quickly on 9 and 10. There are a lot of people, citizens, government, town officials that got involved in what is going to be occurring this evening. I want to urge your concurrence for those two resolutions. There may be some discussion by some individuals about how much this is costing but in the long run we all know that the cost of saving this land will be far less than having it developed for all the citizens whether they be at the town, the county or the state regarding the infrastructure that would be required, the schools, the roads and the maintenance thereof, over the next 50 to 100 years. I know some of you have had a hard time coming to grips but I’ve done the math many many times over and it is actually 3% of the township. One square mile is 694 acres and this is 603 acres I believe. So it is a substantial parcel of land that I’m sure the citizens in the future will thank you all for and I do want express publicly what I have expressed in writing to the Council and to Mr. Dorsey and that is to thank Mr. Dorsey for all of time that he has put in to this effort in defending the town in the original suit and the defense that I know he prepared for the Appellate file which hopefully will never happen and the work that he has done to bring this to the point that it is coming to and I hope that you all feel the same gratitude to Mr. Dorsey that I do for the work that he has put in on this project. Thank you.

Tom Tarn, Crease Rd.: I had a written speech prepared but because of the late hour, I won’t bore you for the next 15 or 20 minutes but I’ll echo exactly what Rich just said in terms of the effort and work that a lot of people put into this whether it was overt or covert, it did happen and it did pay big dividends. Living across from this tract and seeing it on a daily basis and knowing what the impact of those homes going in there would be on Crease Road and the hill which is dangerous to begin with but the farm further down and down by Rich’s house and Lozier as well as the incremental costs educate all the kids who end up in all of those houses. I think that point was brought home very quickly with the Board of Education budget which was passed in April and there was a column in the infamous newspaper that said that the $5 million increase in the school budget was attributed to 200 new students. Do the math, 117 homes will generate more than 200 students. So we’ll get to a $65 million budget rather quickly. If anybody up there is even thinking that they don’t like this as a proposition or doesn’t want to allocate the money, do the math. The interest rates are so cheap that this is a drop in the bucket in terms of cost to this township relative to the other alternatives. I would like to end on the suggestion that whether the Council does it or the Mayor does it, pick a date and time of their choosing and at that point in time every resident of the Township of Mount Olive should pat themselves on the back three times for a fight well fought and for action that everybody can stand up and look at and say, we did good for our township and the future. Thank you.

ROLL CALL: Passed Unanimously

RESOLUTIONS NON CONSENT

Resolution of the Township Council of the Township of Mount Olive Rescinding a Resolution Adopted on June 17, 2003, Authorizing a Professional Services Contract with Schoor DePalma for GIS Strategic Plan and Data Document Conversion of Building and Construction Permits.

Mr. Rattner moved for approval of the Resolution and Mr. Scapicchio seconded the motion.

PUBLIC PORTION ON INDIVIDUAL RESOLUTIONS

ROLL CALL: Passed Unanimously

MOTIONS

1. Bill List & Additional Bill for Consolidated Building Corp.

Mr. Rattner moved for approval of the Bill List and the Additional Bill and Mr. Scapicchio seconded the motion.

Mr. Rattner: Do you have the answers to those two companies for the two bills that I had, the one for State Fair and whatever telephone one that was?

Mrs. Spencer: State Fair is a Middle School trip to the State Fair. They pay for it and the arrangements were made through the Recreation Trust Fund and they pay the money in and their money is used to go on the trip and the other question, I believe, was what is a polycom?

Mr. Rattner: Yes, I think it was $600 for polycom.

Mrs. Spencer: Polycom is a type of speaker phone used for conference meetings and the Township now owns one and it can be used in the conference room during a meeting when you need an expert or someone who wishes to attend or can’t be there and it allows all of the voices to be heard without blocking one another. It’s a very nice piece of equipment and it can be at anyone’s request. It can obtained for your meetings either through my office or Scott Gaskill.

ROLL CALL: Passed Unanimously with the exception, Mr. Rattner voted No on the Bill for Consolidated Building

2. Approval of Raffle Application #1086 for NJ District Lodge #6, Vasa Order of America.

Mr. Greenbaum moved for approval of the Raffle Application and Mrs. Miller seconded the motion.

ROLL CALL: Passed Unanimously

COUNCIL REPORTS

Library Board Liaison Report

Mr. Scapicchio: We have a meeting tomorrow night.

Recreation Liaison Report

President Guenther: Recreation does not meet in the summer time so I’ve no report.

Planning Board Report

Mr. Greenbaum: There is a meeting Thursday night and a minor subdivision matter that is on as far as I
know and the Crown Tower resolution.

Master Plan Committee Report

Mr. Scapicchio: Nothing to report. I think they are just going to try and tighten up the Cluster ordinance a
little bit?

Mr. Greenbaum: I don’t know where they are at at this point. It was scheduled for a public hearing and
then Bob Michaels was unavailable on the date so it’s been pushed. The public hearing is pushed off until
some time in September is my recollection.

Open Space Committee Report

Mrs. Miller: They meet the second Monday of the month. I haven’t been to it yet.

Legislative Committee Report

Mr. Spino: No report at this time.

PUBLIC PORTION

Mrs. Labow: I thought I was done coming up here to speak but now after Mr. Greenbaum’s comments before I have to come up and ask Mr. Guenther if he could find out, I want to find out if Mr. Greenbaum is opposed to the change of selection criteria in the resolution for the Ethics ordinance or is he opposed to…what exactly is he opposed to? You can’t change the selection criteria of an ordinance with a resolution. That was what was attempted to be done and it was easily corrected as we found out.

President Guenther: I think his point was this, it partially is a good point. If you are going to specify one particular category of people who are not qualified, you should be consistent and specify everyone that you don’t want there.

Mrs. Labow: So if I’m correct in the way I understood Mr. Greenbaum is happy with the way the ordinance was originally before the resolution changed the selection.

President Guenther: I’ll let him answer that.

Mr. Greenbaum: I have no comment to anything that Miss Labow brings up at Council meetings because I am concerned that anything I may say may be taken out of context or the tone of the my voice may be taken in such a way that she finds it offending so I choose not to respond to Mrs. Labow and I would direct all of her questions that relate to me to be directed directly to the Chair.

President Guenther: I can’t answer for him. You heard his response.

Mrs. Labow: Okay, I guess one of our public elected officials has chosen to not to respond to any questions from one of the tax paying citizens. So I guess I will just have to say that I would have liked the Ethics Committee for the ordinance. I thought it was fine the way it was in the beginning and the whole purpose of the suit was you tried to change the selection criteria by resolution. I’m glad that Mr. Greenbaum is a mature adult. Thank you.

Mr. Elms: For the issue that was brought about, I can’t remember the young lady’s name, the beach, Jill, I would suggest that we give her the $15,000 out of the surplus fund that may or may not still exist. Thank you.

President Guenther: I’m not an expert on this matter. Mr. Rattner, is that something we can do? I don’t think we can after we’ve passed the budget.

Mr. Rattner: Not till next year.

Mrs. Miller: Can’t we do that in November?

Mr. Rattner: No, that is transferring from one department to another. The money that has been appropriated is the money that has been appropriated.

President Guenther: That is why you write a budget you put some contingency items in there and that is what we directed the Administration to do, to look at their contingency funds that they have to be able to shift them around and be able to use them for what we all agree is a very good purpose.

Mr. Rattner: The budget was started at the end of last year. Everyone estimates what their expenses are. Some things don’t come to fruition and some things you are going to spend a little bit less on and some things you are going to spend a little bit more. That is why at the end of the year you have a lot of transfers. What the Administration has to do is go back to it’s accounts, look at where maybe they budgeted for something and they don’t need as much money or something that they didn’t buy in the operating account and then transfer it over.

President Guenther: Let me put it this way. The Mayor found money for the fireworks. I think he can find money for this.

Mr. Tarn: Why don’t we move real quick on the 1% tax for hotel rooms and dedicate that money to the balance of the year to the beach?

Mr. Rattner: We can’t. That would be next year’s budget. After you take the revenue in.

Mr. Tarn: If we pass the tax tomorrow, we start to collect it. Where does the revenue go?

Mr. Rattner: It has to go in to the General Fund and then end up in surplus. You cannot change your revenue number.

Mr. Tarn: That’s fine. Now it’s in surplus, transfer it from surplus.

Mr. Greenbaum: You can’t. Tom, they will find the money. The beach is going to stay open. They will find the money.

Mr. Tarn: Okay. Thank you, sir.

President Guenther closed the public portion.

COUNCIL COMMENTS

Mr. Scapicchio: Just that this is the silly season until the first week of November and we can all just sit back and enjoy.

President Guenther: We are going to go to a brief executive session to discuss the results of an investigation that was ordered by the Mayor and myself. There might or might not be public business conducted after that executive session is over. I have no idea how long it is going to last. So if somebody wants to stay around, we’ll open up after we’re through with that discussion.

Mr. Spino moved to go into Executive Session and Mr. Rattner seconded the motion. All in favor, none opposed. Executive session started at 10:55 pm. Motion to Open and adjourn made and seconded, all in favor, none opposed, the meeting was adjourned at 11:20 pm.

ADJOURNMENT

______________________________
BERNHARD D. GUENTHER
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 August 26, 2003.

_____________________
LISA M. LASHWAY
Mount Olive Township Clerk

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