TOWNSHIP COUNCIL PUBLIC MEETING MINUTES - December 8, 2009

The Public Meeting of the Mount Olive Township Council was called to Order at 8:23 pm by President Rattner with the Pledge of Allegiance.
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. Rattner, Mrs. Labow, Mr. Roman, Mr. Greenbaum, Mr. Perkins, Mr. Tobey, Mr. Mania

Absent: none

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

Questions on Bill List?

President Rattner: Okay, now we come to the area where we’ll ask if there are any questions on the Bill List to give the CFO some time to look it up by the time we get to vote on it. Is there anybody from the audience that would like to question anything on the Bill List? Seeing none, we’ll move right along.

APPROVAL OF MINUTES OF PREVIOUS MEETINGS

President Rattner: We have Approval of Minutes of Previous Meetings, the November 24, 2009 Workshop, Public Meeting & Executive Session. Mrs. Labow?

Mrs. Labow: I move the Minutes and I’d also like to make mention that on here it doesn’t say that I had been absent. Usually we put that on there, right, Lisa?

Mrs. Lashway: Okay.

Mrs. Labow: I move the Minutes.

November 24, 2009 Workshop, Public Meeting & Executive Session

Mr. Perkins: Second.

President Rattner: As amended.

Mrs. Labow: As amended.

Mrs. Lashway: The Minutes reflect it. It’s just the Agenda that didn’t show it.

Mrs. Labow: Right, yes, the Agenda didn’t show it but usually we do.

President Rattner: Okay, all in favor?

AYE

Mrs. Labow: Abstain.

President Rattner: And we have one abstention.

CORRESPONDENCE

LETTERS FROM RESIDENTS/ORGANIZATIONS

1. Letter received November 25, 2009, from Tariq Mahmood, Ph.D. regarding 226 Route 46 Approved Site Plan.

2. Email received November 30, 2009, from the New Jersey Libertarian Party regarding the Township’s Peace and Good Order Code.

3. Letter received December 4, 2009, from New Jersey Council on Developmental Disabilities regarding the “R” word campaign.

RESOLUTIONS / ORDINANCES / CORRESPONDENCE OTHER TOWNS

4. Email received November 30, 2009, from the Township of Roxbury regarding a Resolution Supporting the Enactment of P.L. 2008, c.118.

DOT / DEP / LOI / HIGHLANDS

5. Letter received November 23, 2009, from the State of New Jersey Department of Environmental Protection regarding Ciel West Lake Properties, LLC, 325 Route 46.

6. Letter received November 23, 2009, from the State of New Jersey Department of Environmental Protection regarding 29 Fire Tower Road.

7. Letter received November 25, 2009, from the State of New Jersey Department of Environmental Protection regarding Morris Chase/Morris Hunt PCWS, New Well AA, Well AA2, Well W6 and Well W8.

8. UST Report Certification form received November 25, 2009, from Stantec Consulting Corporation regarding the BP Station at Route 46 and Mt. Olive Road.

LEAGUE OF MUNICIPALITIES

9. Email received November 21, 2009, from the State of New Jersey League of Municipalities regarding an Annual Conference Survey and New NJLM President.

10. Email received November 24, 2009, from the State of New Jersey League of Municipalities regarding A-3119 – Increases LUARCC Powers.

11. Email received November 24, 2009, from the State of New Jersey League of Municipalities regarding Changes to the DLG Website, Updated for 2009 – New Jersey Municipal Salary Report, Retrofitting Suburbia and QPA Bill Conditional Veto.

12. Email received November 25, 2009, from the State of New Jersey League of Municipalities regarding a QPA Veto, 2009 Updated Salary Report and More.

13. Email received November 25, 2009, from the State of New Jersey League of Municipalities regarding Lame Duck Legislative Session Begins, The League’s Legal Consultation Service and New Laws.

14. Email received November 25, 2009, from the State of New Jersey League of Municipalities regarding New Laws.

15. Email received November 30, 2009, from the State of New Jersey League of Municipalities regarding the Mayors Task Force for School Funding Reform Seeks Your Support.

16. Email received December 1, 2009, from the State of New Jersey League of Municipalities regarding Property Tax Relief Funding Deferred Permanent Cut Considered, Updated CEU’s – New Jersey’s Economic Stimulus Act and the Recovery Zone Bond Programs, League Conference Resolutions and State Report Confirms Need for Pension and Benefit Reforms.

17. Email received December 1, 2009, from the State of New Jersey League of Municipalities regarding Pension Funding Cuts, January 19th Program and More.

18. Email received December 2, 2009, from the State of New Jersey League of Municipalities regarding the Mayor’s Newsline.

19. Email received December 2, 2009, from the State of New Jersey League of Municipalities regarding Urgent Legislative Alert – A-4280 & S-3045, Time of Decision, FCC Adopts Wireless Tower Siting Petition, League Joins Challenge to Verizon’s Claimed Exemption from Business Personal Property Tax.

20. Email received December 4, 2009, from the State of New Jersey League of Municipalities regarding Changes to Tax License Laws.

SCMUA

21. Letter received November 30, 2009, from the Sussex County Municipal Utilities Authority regarding the FY2010 Rate Schedule Effective December 1, 2009.

MORRIS COUNTY

22. Letter received November 30, 2009, from the County of Morris, Department of Human Services, Division on Aging, Disabilities and Veterans regarding December 2009 – January 2010 Calendar of Events.

LETTER FROM LEGISLATIVE REPRESENTATIVES

23. Email received November 23, 2009, from Congressman Rodney Frelinghuysen regarding the Week Just Past, Our Troops Wait, Kudos of the Week: New Jersey’s General Ray Odierno, Focusing on Jobs where None Exist, New Waves of Red Ink and Spending Goes the Wrong Way Under the Pelosi Health Care Bill.

24. Email received November 23, 2009, from Congressman Rodney Frelinghuysen regarding A Job Boom for New Jersey’s 00th Congressional District.

25. Email received November 29, 2009, from Congressman Rodney Frelinghuysen regarding Rodney Visits Afghanistan.

26. Invitation received December 1, 2009, from the Freeholders regarding an Official Swearing In Ceremony of William J. Chegwidden, Gene Feyl, John Murphy and John Pecoraro.

DOT

27. Letter received December 2, 2009, from the State of New Jersey Department of Transportation regarding Mount Olive Township, Morris County, Block 6100, Lot 2 (Armstrong Sutton Plaza, 293 Route 206).

MSA

28. Minutes received December 3, 2009, from the Musconetcong Sewerage Authority regarding a November 4th meeting.

President Rattner: Okay, next we have Correspondence. We have 28 items of Correspondence. Would anybody like to comment on any of the Correspondence? Seeing none, we’ll move right along and we’ll go into Ordinances for Public Hearing.

ORDINANCES FOR PUBLIC HEARING

President Rattner: I open the hearing to the public on Ord. #25-2009, entitled:

Ord. #25-2009 An Ordinance of the Township of Mount Olive Establishing Water and Sewer Service Rates Within the Township for All Services Rendered After January 1, 2010.

President Rattner: Mr. Perkins? Oh, I’m sorry. Would anybody from the public like to address the Council on this ordinance? Seeing none, I’ll close the public comment and ask Mr. Perkins to move that ordinance.

Mr. Perkins: Yes, I move for adoption and final passage of Ord. #25-2009.

Mrs. Labow: Second.

President Rattner: Any discussion? Roll Call.

ROLL CALL – Passed Unanimously

President Rattner: Ord. #25-2009 has passed on second reading, and I hereby direct the Clerk to forward a copy of same to the Mayor and publish a notice of adoption as required by law. The next item on the Agenda, I open the hearing to the public on Ord. #26-2009, entitled:

Ord.#26-2009 An Ordinance of the Township of Mount Olive to Dissolve the Zoning Board of Adjustment and Vest Powers into the Planning Board.

President Rattner: Would anybody from the public like to address the Council on this ordinance? Seeing none, I’ll close the public comment portion and ask Mr. Greenbaum to move it.

Mr. Greenbaum: I’ll move Ord. #26-2009 for approval.

President Rattner: Is there a second?

Mr. Tobey: Second.

President Rattner: Thank you. Any further discussion? Roll Call.

ROLL CALL – Passed with the exception of Mr. Roman and Mrs. Labow who voted no

President Rattner: Ord. #26-2009 has passed on second reading, and I hereby direct the Clerk to forward a copy of same to the Mayor and publish a notice of adoption as required by law. I now open the hearing to the public on Ord. #27-2009, entitled:

Ord.#27-2009 An Ordinance of the Township of Mount Olive Establishing Salaries of Mayor, Council, Department Heads, Supervisory Personnel and Employees of the Township Clerk’s Office for the Year 2009 and 2010.

President Rattner: Would anybody from the public like to address the Council at this time? Seeing none, I’ll close the public comment portion and ask Mr. Tobey to move the ordinance.

Mr. Tobey: So moved.

Mr. Perkins: Second.

President Rattner: Any further discussion? Roll Call.

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

President Rattner: Ord. #27-2009 has passed on second reading, and I hereby direct the Clerk to forward a copy of same to the Mayor and publish a notice of adoption as required by law.

Mrs. Maniscalco: Steve, can I just make a comment?

President Rattner: What?

Mrs. Maniscalco: Can I just make a comment, please?

President Rattner: Sure.

Mrs. Maniscalco: This is on the salary ordinance, correct, that we just approved?

President Rattner: Yes.

Mrs. Maniscalco: Yes, I would just like to thank everyone on behalf of the exempt employees for you guys passing this. We do appreciate not being left until the end. So, thank you.

President Rattner: Next time speak up a little bit so we can appreciate your thank you.

Mrs. Maniscalco: Okay. So, again, thank you. We appreciate it.

ORDINANCES FOR FIRST READING – (2nd reading 12/22/09)

President Rattner: Now we move to Ordinances for First Reading, with a second reading on December 22, 2009. So the item on the Agenda for First Reading is Ord. #28-2009, entitled:

Ord.#28-2009 An Ordinance of the Township Council of the Township of Mount Olive Establishing Recreation Fees for Various Township-Sponsored Recreational Activities.

President Rattner: Mr. Roman, would you move that?

Mr. Roman: Yes, I move that Ord. #28-2009 be introduced by title and passed on first reading and that a meeting be held on December 22, 2009 at 7:30 p.m. at the Municipal Building, 204 Flanders-Drakestown Road, Mount Olive, NJ for a public hearing consideration of said reading and passage of said ordinance and that the Clerk be directed to publish, post and make available such ordinance in accordance with the requirements of law.

Mr. Tobey: Second.

President Rattner: Any further discussion? Roll Call.

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 Providing for the Transfer of 2009 Budget Appropriations for the Current Fund Budget.

2. Resolution of the Township Council of the Township of Mount Olive Requesting Approval from the Director of the Division of Local Government Services for Insertion of a Specific Item of Revenue into the 2009 Municipal Budget ($5,000.00 for water use and conservation Management Plan Grant).

3. Resolution of the Township Council of the Township of Mount Olive Authorizing a Professional Services Agreement with Princeton Hydro, LLC for Services in Connection with the Remediation and Control of the Weeds in Budd Lake.

4. Resolution of the Township Council of the Township of Mount Olive Authorizing a Contract with Mt. Olive Autobody for Collision Repair Services.

5. Resolution of the Township Council of the Township of Mount Olive Awarding a Professional Services Agreement Under the Non-Fair and Open Contracts in Accordance with the Pay-to-Play Law.

6. Resolution of the Township Council of the Township of Mount Olive Authorizing the Reduction in Performance Guarantees Submitted by Toll Brothers in Connection with the Development Known as Morris Chase Phase I.

7. Resolution of the Township Council of the Township of Mount Olive Authorizing the Reduction in Performance Guarantees Submitted by Toll Brothers in Connection with the Development Known as Morris Hunt Phases II and III.

8. Resolution of the Township Council of the Township of Mount Olive Commending the Mount Olive Township High School Marching Band on its Outstanding Achievement in Terms of the Northern State’s Band Competition.

9. Resolution of the Township Council of the Township of Mount Olive Authorizing the Person-to- Person Transfer of Alcoholic Beverage License No. 1427-33-007-007 from Mt. Olive Bar & Grill LLC to Plaza 240 Associates LLC.

10. Resolution of the Township Council of the Township of Mount Olive Establishing the Annual Reorganization Meeting for January 5, 2010.

President Rattner: Okay, moving right along, we come to the Consent Agenda. Does anybody have any of the ten listed that they would like to have removed, anything removed?

Mrs. Lashway: We have to add number 11 which is the resolution for Mr. Rattner.

President Rattner: I thought that was just going to be done earlier at the Workshop.

Mr. Perkins: Plus, you have to add that under Non Consent. Put it on Non Consent so we can all say something to him, you know, instead of a brief clarifying comment.

Mrs. Labow: Yes.

Mrs. Lashway: Put it on Non Consent?

Mr. Greenbaum: I thought it was already moved and voted on.

Mrs. Labow: Yes, but that was in the Workshop so it was just…

Mr. Perkins: Got to do it formally in the public meeting.

Mr. Mania: Which one is that?

Mr. Greenbaum: I thought it was done.

President Rattner: We can add it on because it was already read. We’re not going to read it again.

Mrs. Lashway: Do you want it on Non Consent or…?

President Rattner: No, put it on Consent.

Mr. Perkins: No, put it on 11.

President Rattner: We’ve already read it into the record.

Mr. Perkins: From beginning to end.

President Rattner: Mr. Mania, would you move Consent Resolutions 1 through 11?

Mr. Mania: I move for the approval of the Consent Resolutions 1 thought 11.

Mr. Perkins: Second.

President Rattner: Anybody from the public who would like to comment on any of the resolutions 1 through 11? Seeing none, I’ll close the public comment portion. Are there any comments from the Council? Seeing none, Roll Call.

PUBLIC PORTION ON CONSENT RESOLUTIONS – none

COUNCIL COMMENTS ON CONSENT RESOLUTIONS – none

ROLL CALL – Passed Unanimously

RESOLUTIONS NON CONSENT – none

PUBLIC PORTION ON INDIVIDUAL RESOLUTIONS – none

COUNCIL COMMENTS ON INDIVIDUAL RESOLUTIONS – none

MOTIONS

President Rattner: Okay, next we come to Motions. We have…

Mrs. Lashway: We have an addition to the Agenda. I’ll read it and if somebody will just make a motion to approve it. It’s approval of:

1. Approval of Raffle Application #2338 and Bingo Application #2239 Knights of Columbus Council #6100 Fr. Joseph A. Cassidy Council

Mr. Greenbaum: I’ll move that.

Mrs. Labow: Second.

President Rattner: All in favor?

AYE

President Rattner: Okay, Bill List, Mrs. Labow.

Mrs. Labow: I’ll move the Bill List.

2. Bill List

Mr. Perkins: Second.

President Rattner: Any comments or any other questions? Roll Call.

ROLL CALL – Passed Unanimously

OLD BUSINESS – none

NEW BUSINESS

President Rattner: Okay, is there any Old Business? Any New Business? Mayor.

Mayor Scapicchio: Just that I got a phone call from one of the Freeholders two days ago and a group of them, together with people from the Engineering department, are going to meet with our staff some time next week in reference to the potential realignment of 206, Main Street, and Flanders-Netcong Road. Just for informational purposes.

Mrs. Labow: Can I…?

President Rattner: That’s great but should the State be there, because that’s a State…?

Mayor Scapicchio: Well, you know, I originally, we originally…

President Rattner: Yes…

Mayor Scapicchio: …via resolution requested this.

President Rattner: We’ve been trying to get that for 15 or 20 years.

Mayor Scapicchio: I’ll certainly have the Chief have Scott VanNess there with us. I guess this is the first step in what may turn out to be a prolonged project, but at least they are now paying attention.

President Rattner: Yes, that’s good news.

Mr. Perkins: …plow through the trees.

Mrs. Labow: I have a question, Steve.

President Rattner: Mrs. Labow.

Mrs. Labow: David, I think, is it Bartley Road where Shop Rite is on? I was contacted by a resident. I had actually witnessed a tractor trailer doing a U-Turn into the storage place there a couple of years ago, and they repeatedly do that. They come down the street and they don’t know where to go to turn around there, and when they backup they take out part of her front yard. That’s a County road there if I understand correctly. While you’re with them is there any way to change the tonnage on that road so the trucks can’t even go down there, or we’ll find out?

Mayor Scapicchio: I can talk to them, Colleen. I mean, I haven’t gotten any complaints through my office.

Mrs. Labow: Yes, she sent me an email the other day and I didn’t have a chance to forward it yet. I’ve been a little bit under the weather but I’ll send it off and remind you.

Mr. Roman: That’s not an excuse.

Mrs. Labow: I know.

President Rattner: Colleen, I would think that’s going to be difficult because that road, if you know on the south side of the road it is commercial and light industrial and they have that. We changed the zoning not too may years ago when the people were complaining about Budd Moving, and we changed it to mixed use on the other side. Once we made their property so they could use it for commercial they were very happy. So to put a weight limit in an industrial area, especially if it’s light, doesn’t seem to make much sense.

Mrs. Labow: I’ll send it over and see if, I’ll send it to all you guys and you can…

Mayor Scapicchio: I’ll pass it on.

Mrs. Labow: Thank you.

President Rattner: But you know, we want, if someone’s going to rent one of those buildings we want the trucks going down the road.

Mrs. Labow: Maybe some kind of signage or something because they do take out her front yard.

Mayor Scapicchio: Colleen, I hear it all the time. They make the U-Turn at my wife’s building and they tear it up and I get constant complaints. So I know exactly what you’re talking about.

Mrs. Labow: Yes, she had said to me that the last time it happened the Police Officer suggested maybe having the tonnage changed. I was thinking that that maybe if we put some signage up at the U-Haul that says “No Turnarounds.”

Mayor Scapicchio: I’ll tell you what, I actually think that a bigger problem there is the naming of those roads. It’s confusing.

Mrs. Labow: Yes.

Mayor Scapicchio: It’s confusing. Bartley-Flanders. Flanders-Bartley. Bartley. That’s confusing and that’s what confuses most of those tractor trailer drivers, because they Google it and they’re getting the right directions but they’re given the wrong…

Mrs. Labow: Right, and maybe even if we put up our own signage, if the County would let us, that says they can continue to get to 206. They can just go right around and that way they don’t turn around.

Mayor Scapicchio: I think signage may be the better answer and the easier solution to that problem.

Mrs. Labow: Yes, especially in that spot.

President Rattner: Like what they did near by Solar Tennis Club where they have the sign up and they say if you want to go to 206 South, North…

Mr. Sohl: North, right.

Mrs. Labow: Yes, if you want to go, that’s good.

President Rattner: …and at least this way it resolves one of the issues about being lost.

Mayor Scapicchio: I will talk to the Police department about that.

Mrs. Labow: I’ll send it to you guys and we’ll get it resolved. Thank you.

Mayor Scapicchio: Okay.

President Rattner: Any other New Business? Mr. Roman?

Mr. Roman: While we’re on the subject of signs, I emailed, I spoke to the Zoning department. I spoke to Mrs. Perkins about the proliferation of those little business signs that are popping up.

Mr. Sohl: Yes, we keep pulling them out.

Mr. Roman: I’ve noticed that they don’t, they’re not on the Flanders side. They’re more on the Budd Lake side. I’m assuming, is that a violation that they…

Mr. Sohl: They don’t get permission. They’re not supposed to be doing it.

Mr. Roman: Right, and is that a finable offense?

Mrs. Labow: Yes.

Mr. Sohl: Yes.

Mr. Roman: And have we fined them?

Mr. Sohl: I mean, the trouble is getting to the source sometimes.

Mr. Roman: Well, because it dawned on me yesterday when I made the phone call that the phone numbers…

Mr. Sohl: Are there.

Mr. Roman: …are all the same. The healer, the electronic cigarette and the cash for gold are the same exact phone number.

Mayor Scapicchio: Is there an address, Alex?

Mr. Roman: No, there’s no… Well, I called the number. It’s in Stanhope and it’s right across from...

Mr. Perkins: You too could be a millionaire.

Mrs. Labow: Did you do a reverse look up, Alex, on the number? It would give the address.

Mr. Roman: No, I mean, the address, you just call her up and ask her for the address.

Mr. Greenbaum: Did my wife answer?

Mr. Roman: No.

Mr. Perkins: That was a different number.

Mr. Sohl: It’s an ongoing problem and we’ll keep working on it.

Mr. Roman: I know, but I think it’s something that if we’re not fining them, it’s just a matter of the signs get pulled up, it’s just going to go back in. The only reason it’s got me slightly perturbed is it’s the same phone number for three totally different things.

Mr. Sohl: I haven’t noticed that but I will make a point to notice it.

Mr. Perkins: Can we do a reverse lookup of the telephone number and see what the address is?

Mr. Mania: That guy’s a real entrepreneur.

Mr. Roman: Yes, she is.

Mrs. Labow: I think it’s a fine per sign.

President Rattner: Okay, any other New Business? Legal Matters, Mr. Dorsey.

LEGAL MATTERS

Mr. Dorsey: The only thing that I would add to the two reports I sent to you today, you can all see a check for $600,000 to the Township. The Mayor advised me this morning that it had come in yesterday, was using a little leverage by way of an accelerated tax sale. So it’s worked out well. Rose is as conservative as she can be. She wants a week for the check to clear before she declares victory.

Mr. Perkins: It’s a little shy of $600,000.

President Rattner: Okay, thank you. Now, we’ll come to Council Reports. Recreation Liaison Report, Mr. Roman?

Mr. Sohl: Steve, you don’t have Administrative Reports down.

Mr. Roman: A meeting was held…

Mr. Sohl: I just had a…

Mr. Perkins: Steve?

President Rattner: No, I think, Mr. Sohl is…

Mr. Perkins: Point of order.

Mr. Sohl: Just a quick Administrative Report.

President Rattner: Mr. Sohl is saying that there is nothing on here to ask about reports from Administration.

Mr. Roman: Oh, okay, I’m sorry.

President Rattner: Administrative Reports?

ADMINISTRATIVE REPORTS

Mr. Sohl: Okay, thank you. John already stole our thunder that we got the $600,000 check. That was hand delivered into the bank this morning.

Mr. Dorsey: Well, it was by resolution.

Mr. Perkins: It’s only $598,065.

President Rattner: Well, he’s the one who said to take it off of Administration. They wanted legal to be credited with...

Mr. Sohl: Two other points. If you’re driving by the Beach area, the Budd Lake Beach area, the fence around the property is almost complete. That should be done within the next day or so. Secondly, the Cablevision section or a portion of the installation for the Township educational and government channel is supposedly being completed. We should have that up and running probably within a week. So it will be Channel, actually 21 on Cablevision and Channel 32 on Verizon Fios.

Mrs. Labow: Are you going to…? Can I say something?

President Rattner: Mrs. Labow.

Mrs. Labow: Bill, are you going to have that information on the website?

Mr. Sohl: Yes, once we know it’s up and running.

Mrs. Labow: Okay, good, thank you. Maybe even we can see if the Board of Education will put it on their website as well since it’s kind of like a joint effort.

Mr. Sohl: We’re working hand in hand with Larrie Reynolds, Andrew Roberts on his staff and others.

Mrs. Labow: Very good. Thank you.

President Rattner: Bill, it’s good. I didn’t realize we were going to get Fios which is great. What about Comcast because we have the people down, for the people down the hill, Mountain Park 1, 2 and…

Mr. Sohl: Comcast has its own unique set of problems. Number one, the reason we’re even getting the channel at this point is a function of the franchise agreements.

President Rattner: Right.

Mr. Sohl: The one is a State franchise for Verizon Fios. The other is a local one which we renewed, it’s now probably two years ago, with Cablevision. Comcast does not have an equivalent channel for us especially in light probably of the limited deployment within the whole area. It’s only that corner of the Township. I spoke with their equivalent government contact and they will accept video in terms of probably tapes or DVDs that can be produced, but we’re not likely to see the ability to feed directly into their system simply because of a lack of ability to get to it.

President Rattner: Okay, thank you.

Mr. Sohl: But Fios may wind up overlapping that same area.

President Rattner: Oh, yes, but it’s just the people who happen to have that service.

Mr. Sohl: But it is a shortcoming obviously.

President Rattner: Well, people who have Direct TV aren’t going to get it either.

Mr. Sohl: Yes, Direct TV, Dish TV.

President Rattner: Yes, okay, thank you.

Mr. Sohl: You’re welcome.

President Rattner: That was all of your Administrative Reports?

Mr. Sohl: That’s it.

President Rattner: Okay, then we can move on to Council Reports. Recreation Liaison, Mr. Roman?

COUNCIL REPORTS

Recreation Liaison Report

Mr. Roman: At the last Recreation meeting one of the items of note that we discussed was starting the process of requiring volunteer coaches to go through a series of classes on positive coaching. The Committee felt that that would, one, start the process of weeding out coaches that don’t take their responsibility seriously. It was unanimously applauded by the Committee and a letter is being sent up to the Sports Organizations.

Mrs. Labow: Did Mr. Greenbaum have to take that class?

Mr. Roman: I hope he will.

President Rattner: Okay, moving right along, Board of Health.

Board of Health Report

Mr. Perkins: Nothing to report, Mr. President.

President Rattner: Planning Board Report, Mr. Greenbaum?

Planning Board Report

Mr. Greenbaum: We meet twice this month on the 10th and the 17th. The 17th is the Master Plan review process start.

President Rattner: Board of Adjustment.

Board of Adjustment Liaison Report

Mr. Greenbaum: There is a meeting scheduled, I believe next Monday, and there is basically nothing on the Agenda.

President Rattner: And that will be the last meeting, right?

Mr. Mania: That will probably be the last meeting.

Mr. Greenbaum: Yes, I imagine that’s the last meeting.

President Rattner: Mayor, you wanted to say something?

Mayor Scapicchio: Just an FYI, there’s two appointments on the Planning Board and I’m bringing up two members from the Board of Adjustment to take those seats.

President Rattner: Good, thank you. Open Space Committee Report, Mrs. Labow?

Open Space Committee Report

Mrs. Labow: Kathy Murphy is shaking her head no that there’s nothing to report.

President Rattner: Legislative Committee Report, Mr. Perkins?

Legislative Committee Report

Mr. Perkins: Nothing to report, Mr. President.

President Rattner: Pride Committee Report, Mrs. Labow?

Pride Committee Report

Mrs. Labow: I actually have a report for the Pride Committee. Tracey Wadhams, one of our members of the Pride Committee, has been working with Hackettstown who had upgraded their holiday decorations, and we were able to purchase some more snowflakes, lighted snowflakes, at an extremely reduced cost which will help to decorate our Township more starting next year, because we need to get the canisters also in place. We’ll be looking for some grant money in order to do that, and I just think she’s doing a great job and also it’s been, you know, pretty successful getting some of our decorations up where it’s been an issue in the past for us to put up the decorations, because we need to have Police on the street and everything else. So we have hired an outside firm in the past and we’re looking to actually change that company for next year. So kudos to the Pride Committee for doing a great job and helping to beautify Mount Olive.

President Rattner: Thank you. Board of Education Liaison Report, Mr. Roman?

Board of Education Liaison Report

Mr. Roman: Nothing to report.

Lake/Environment Issues Committee

President Rattner: Okay, the Lake Environmental Issues Committee. An interesting situation has developed between the Musconetcong River, Lake Musconetcong and Lake Hopatcong. The State tried coming up with an excuse of why they screwed up damming Lake Hopatcong too late, which down river meant that Lake Musconetcong didn’t get enough water. It was eight inches below normal this year, and since it’s only an average of three feet is a major problem, which in turn caused the flow to the Musconetcong River, which is now wild and scenic, to be at a sub amount, sub flow, through the beginning of July. Why that affects Mount Olive directly, two reasons. One, for fishing, if you have less water you have less, the temperature rises especially during the summer. People who are fisherman know that trout usually die at about 70 degrees. It denigrates the entire River. The other part is for the four sewer treatment plants that are along the Musconetcong before it empties out into the Delaware by Bloomsberry. What’s happened is that everybody’s permit, the MSA, which we flow into, the Hackettstown MUA which is about four times larger and there’s two more, is that their permits are based on the water flow in the River based on the level of treatment that is required for the effluent that leaves the plant, which could greatly increase the cost if they make you go to that lower flow in the River. There’s a couple of meetings in Trenton in the next couple of weeks. We’re hoping to get some definitive answers on how they are going to manage the flow that is required by law. Just like we have a permit on our dam on Smithtown Road stating how many gallons per minute have to go over that dam and into the South Branch to protect it. We’re looking to make the State uphold its permit on the Musconetcong River. That’ll be interesting and through the Musconetcong Sewerage Authority I’ll probably be passing information as it comes up, and Kathy can probably evaluate what that means to our section of the River moving forward.

Mrs. Labow: Steve, I have a question on the Beach. Our Beach area has been washing away quite a bit because of, I guess it’s from Lakeview Estates across the street. The flow that’s coming into the Lake, the storm water and quite a bit of our sand has washed away and gone around the corner. We’ve discussed that a couple of times. It’s a problem. How does all that sand going away from the Beach area and into the section there by Manor House Road. Does that affect…?

President Rattner: Well, it probably affects more when you go from Manor House Road down to behind the firehouse up to that dam there, because that’s been filling in. We’ve questioned Gene Buczynski on that in the past. We said that we could see it coming down and he tried assuring us that the water, that the turbulence really isn’t causing that big of a problem, because what you would want is a baffle or something there. Where we’ve seen it is that we don’t have skating on the Beach anymore, and the reason that I was given was because the water coming down from the detention basin is keeping the water moving so it’s not freezing. Our Engineer, that’s something that going forward to ask the Engineer to look at it if something’s not right. If it wasn’t designed properly…

Mrs. Labow: Well, besides the cost of the sand we had to keep replacing it. I think it was like $40,000 in sand that’s getting washed right around the corner and down the River. So I think we really need to look to see what we can do to stop the sand from washing away.

President Rattner: That would be something that you’d have to go to our Town Engineer and ask him what can be done and can we…?

Mrs. Labow: Bill?

President Rattner: …go after the developer.

Mr. Sohl: You’re talking about the…?

Mrs. Labow: We’re talking about the sand that’s washing away at the Beach. Not only is it costing us money in sand…

Mr. Sohl: We’ve been in touch with the State on that relative to the drainage.

Mrs. Labow: Can you check with Gene and see what we can do to stop the erosion?

Mr. Sohl: Yes, he’s been in touch with them but I’ll follow up again.

Mrs. Labow: Thank you.

Mr. Greenbaum: It’s actually not erosion. We’re actually using the sand from the Beach to put down on our roads since our budget is so tight for the snow removal.

Mrs. Labow: Oh is that, they’re catching it, they’re straining it at the dam.

President Rattner: People think it’s…

Mrs. Labow: We’re recycling. It’s green.

President Rattner: Anything else, Mrs. Labow?

Mrs. Labow: That’s it. Thank you.

President Rattner: Okay, Safety Committee Liaison, Mr. Perkins?

Safety Committee Liaison

Mr. Perkins: No meeting, Mr. President.

Economic Development Committee Report

President Rattner: The Economic Development Committee hasn’t met. Library Board, Liaison Mr. Tobey?

Library Board Liaison

Mr. Tobey: Nothing, thank you.

President Rattner: I think we got an email. Mayor, you want to comment on that?

Mayor Scapicchio: Yes, next Thursday which is the 17th, Steve?

President Rattner: I think that’s what it said.

Mayor Scapicchio: December 17th is the last meeting for Suzanne Jeska. She is resigning. I will, at Reorganization, appoint Steve Bedell to that position. They are having a little going away party, thank you party, at 7:30 before the Trustee meeting at the Library.

Mr. Roman: On the 17th?

Mayor Scapicchio: On the 17th.

Mr. Greenbaum: Planning Board meeting.

Mayor Scapicchio: On the 17th?

Mr. Greenbaum: 10th and 17th.

Mayor Scapicchio: Well, I already told them that I’m going to stop there for a few minutes.

President Rattner: Okay, I suggest, because you know that the Library has made an unbelievable turnaround and everything else.

Mayor Scapicchio: Unbelievable, unbelievable.

Mrs. Labow: Unbelievable.

President Rattner: It was Jeska and the Board itself but I think we should get a resolution together. We’ll vote on it on the 22nd but I’ll have a resolution put together thanking her for her service, and just if we can get a couple of facts about the improvements made to the Library over the last few years.

Mayor Scapicchio: We will do that.

President Rattner: Thank you.

Mr. Sohl: Is she moving?

Mayor Scapicchio: No, she’s taking a break.

President Rattner: Senior Citizen Liaison, Mrs. Labow?

Senior Citizen Liaison

Mrs. Labow: I’ll have to defer to Mr. Perkins. Is there anything going on?

Mr. Perkins: Actually, I’m going to defer over to Mr. Mania who attended the Senior Christmas Party. I was unable to attend.

Mr. Mania: It was a wonderful affair. The food was excellent, nice greeting from all the seniors and they wish all of us a Merry Christmas and Happy New Year.

Mrs. Labow: Very good. Thank you.

Mr. Roman: Mazel tov.

Mr. Greenbaum: Did you go as a guest or a member?

Mr. Perkins: I think he sat for free.

PUBLIC PORTION

President Rattner: Okay, now we come to the final public portion. Would anybody from the public like to address the Council? Yes, sir.

Mr. Perkins: Anybody at all, anybody.

Nelson Russell, Budd Lake: I have a question on Ord. #27-2009. It lists a bunch of titles. Conspicuously absent is the Zoning Official. The Zoning department has been removed from the Town webpage. Emails to the Zoning Officer are coming back with an out of office message.

Mr. Sohl: You’re talking about Mr. Wilpert, Jr. He has not been in his office for the last several days. I believe he’s on vacation.

Mr. Russell: He’s still the Zoning Officer? I was just wondering why he wasn’t listed on this.

Mr. Sohl: Yes.

Mrs. Maniscalco: He wouldn’t be because he’s not an exempt employee. He’s in the Union.

Mr. Perkins: He’s a Union employee.

Mrs. Maniscalco: This is only for non Union employees, okay?

Mr. Russell: Oh, okay. Alright, thank you.

President Rattner: That brings up something that we should look into. If somebody wants to get a hold of the Zoning department because of an egregious violation or something, something affecting a neighboring property, somebody should be checking his emails to make sure.

Mr. Sohl: We still have a Zoning department.

President Rattner: What?

Mr. Sohl: Yes.

President Rattner: Because he said that it came back and that’s what I’m trying to…

Mr. Russell: It’s not on the website anymore.

Mr. Sohl: We’ll follow up.

Mrs. Lashway: It’s combined with Planning. Planning and Zoning is one department.

President Rattner: Anybody else from the public who would like to address the Council? Seeing none, we’ll close the public portion and go into final Council comments. Mr. Mania?

COUNCIL COMMENTS

Mr. Mania: None.

President Rattner: Mr. Greenbaum?

Mr. Greenbaum: Steve, it’s been a pleasure working with you.

President Rattner: I still have one more meeting.

Mr. Greenbaum: Well…

Mr. Perkins: That one may not be a pleasure.

Mr. Greenbaum: I hope that you’re here for the last meeting, but just in the event that you are unable to make it for some reason, it’s been a pleasure working with you. You’ve taught me a lot about being a Councilman, both the right way and the wrong way. I appreciate it.

President Rattner: Everything is an educational process. Thank you. Mr. Tobey?

Mr. Tobey: Nothing, thank you.

President Rattner: Mr. Perkins?

Mr. Perkins: Nothing, Mr. President.

President Rattner: Mr. Roman?

Mr. Roman: Nothing, thank you.

President Rattner: Mrs. Labow?

Mrs. Labow: I just want to thank the Mayor and the Council and the staff for all of their well wishes while I was in having my surgery. I thought I was going to go home early and ended up staying there for a week. I’m telling you I was never so happy to get home. It was great. When they said I could leave I was, like, out of there.

Mr. Greenbaum: Yes, but our meetings ended at 8:15.

Mrs. Labow: Hey, it’s not my fault that it’s almost 9:00 tonight, but I do thank you. The roses, the yellow roses in a beautiful little dish were absolutely wonderful. Everybody came in and said, “Oh, those flowers are pretty.” I was very proud to say my colleagues on Council and the Mayor had sent them to me and I thank you, Mrs. Lashway, for sending them off and thank you to everyone.

President Rattner: Thank you. The only thing I have is to wish our Jewish residents and anybody else who celebrates Hanukkah, a happy and joyous holiday season starts a week from, it starts this Friday night, the 12th. So to everybody who participates, Happy Hanukkah.

Mrs. Labow: Happy Hanukkah.

Mr. Roman: Mazel tov.

President Rattner: With that, I’ll move for adjournment. Oh, we have an executive session.

Mr. Mania: Oh, executive session.

Mr. Sohl: A short executive session.

President Rattner: What?

Mr. Sohl: Short executive session, short.

President Rattner: Okay, we have an executive session. We will be going into executive session to discuss negotiations. We won’t be taking any other action. When we come out all we’re going to do is adjourn. So no other action tonight, public action will be taken tonight. So, with that, Mr. Perkins…?

Mayor Scapicchio: Steve?

President Rattner: Mayor?

Mayor Scapicchio: Point of order, suggestion, would it be appropriate if the Councilman to be sworn in be allowed to stay in this executive session, because it’s probably an action that we’re going to take.

Mr. Dorsey: It’s customary in many municipalities that after the election Councilpersons elected can remain in closed session with the rest of the sitting Council, unless there is some objection. He has to sit with the understanding that everything that is said is confidential and not to be repeated.

Mayor Scapicchio: Did you hear that, Pat?

President Rattner: Nobody has any objections, right?

Mr. Perkins: No objection.

Mrs. Labow: I think it’s an excellent idea.

President Rattner: Mr. Perkins?

Mr. Perkins: Yes, Mr. President. In accordance with Sections 7 & 8 of the Open Public Meetings Act, I make a motion that we move into executive session to discuss negotiations. Note that Minutes will become available at the conclusion of this matter.

President Rattner: All in favor?

AYE

Motion was made and seconded, all in favor and none opposed, the meeting went into executive session at 8:56 p.m.

Executive Session - Mt. Olive Complex Negotiations

ADJOURNMENT

Motion was made and seconded, all in favor and none opposed, the meeting was adjourned at 9:26 pm.


_________________________________
Steven W. Rattner, 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 December 22, 2009.

_________________________________
Lisa Lashway, Township Clerk

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