Mt. Olive Township Council Minutes
January 23, 2007


The Regular Public Meeting of the Mount Olive Township Council was called to Order at 7:31 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. Biondi, Mr. Rattner, Mrs. Labow,
Mr. Tepper, Mr. Greenbaum

Absent: Mr. Perkins

Also Present: David Scapicchio, Mayor; William Sohl, Business Administrator;
John Dorsey, Township Attorney; Sherry Jenkins, CFO;
Michelle Masser, Deputy Clerk

Questions on Bill List?

President Greenbaum: Are there any questions on the Bill List this evening that the Administration can answer later on? Seeing none.

APPROVAL OF MINUTES OF PREVIOUS MEETINGS

Nov. 28, 2006
Present: Mr. Buell, Mr. Perkins, Mr. Rattner, Mr. Biondi, Mrs. Labow, Mr. Tepper, Mr. Greenbaum
Absent: Mr. Perkins

Jan. 2, 2007 Reorganization
Present: Mr. Tepper, Mr. Buell, Mr. Biondi, Mrs. Labow, Mr. Rattner, Mr. Perkins, Mr. Greenbaum
Absent: None

Jan. 9, 2007 CS
Present: Mr. Buell, Mrs. Labow, Mr. Greenbaum, Mr. Rattner, Mr. Perkins, Mr. Tepper
Absent: Mr. Biondi

President Greenbaum: We will move on to Approval of Minutes of previous meetings. Mr. Tepper, do you want to move those please?

Mr. Tepper: Yes, Mr. President. I move for approval of the meeting Minutes from November 28, 2007, January 2, 2007 Reorganization and January 9, 2007 CS.

President Greenbaum: Is there a second?

Mr. Rattner: Second.

President Greenbaum: Is there any discussion, deletions, additions, modifications? Seeing none, Roll Call.

ROLL CALL: Passed Unanimously with the exception, Mr. Biondi abstained on January 9, 2007

CORRESPONDENCE

LETTERS FROM RESIDENTS/ORGANIZATIONS

1. Information received January 8, 2007, from the Morris County Chamber of Commerce regarding Breakfast with the Mayor.

2. Letter received January 10, 2007, from the United States Department of Agriculture regarding GIS mapping system.

3. Letter received January 18, 2007, from the Mount Olive Police Unity Tour members regarding raising support for the National Law Enforcement Officers Memorial in Washington D.C.

RESOLUTIONS/ORDINANCES/CORRESPONDENCE OTHER TOWNS

4. Resolution received January 18, 2007, from the Township of Hanover regarding Elimination of Regional Contribution Agreements.

MISCELLANEOUS

5. Spring 2007 Course Schedule received January 8, 2007, from the Center for Government Services.

6. Invitation received January 12, 2007, from the Morris County Chamber of Commerce regarding 86th Annual Meeting Luncheon.

7. Letter received January 16, 2007, from Hatch, Mott, MacDonald regarding the Grace Period Law Oversight Rule for USTs and site remediation.

8. E-mail received January 18, 2007, from the Heritage Conservancy regarding Low-Impact Development Training for Municipal Officials within the Musconetcong Watershed.

MUA / MSA

9. Minutes of the December 6, 2006, meeting of the Musconetcong Sewerage Authority received January 16, 2007.

DOT/DEP/LOI/HIGHLANDS

10. Letter received December 21, 2006, from the State of New Jersey, Department of Environmental Protection regarding Notice of Technical Incompleteness for Cari, L.L.C. – Single Family Home Lot 11.01, Block 2209. (18 Whippoorwill Road)

11. Letter received January 8, 2007, from the State of New Jersey, Department of Environmental Protection regarding Agency Determination Highlands Act – Exempt, Water Quality Management Plan – Consistent for Mount Olive Community Bible Church Block 7900, Lot 3 (Flanders Drakestown Road)

12. Letter received January 8, 2007, from the State of New Jersey, Department of Environmental Protection regarding Deficiency Letter for Individual Permit Transition Area Waiver and Letter of Interpretation – Line Verification for Borough of Netcong Water Department Block 4300, Lot 18 (1 International Drive South)

13. Highlands Applicability and Water Quality Management Plan Consistency Determination Application Form received January 8, 2007, from New Jersey Department of Environmental Protection regarding Hackettstown Congregation of Jehovah’s Witness, Inc. (16 Parkway Drive, Hackettstown)

14. Letter received January 8, 2007, from the State of New Jersey, Department of Environmental Protection regarding Portable Well Water Analyses for White Brothers Tire Service Center, Location: Block 108 Lot 5. (20 Route 46 West, Budd Lake)

15. Letter received January 10, 2007, from Ferriero Engineering, Inc. regarding Highlands Applicability Determination – Application for Exemption Letter – Toys R Us – Site Improvements. Applicant: Giraffe Properties, LLC Block 6600, Lot 1 (703 Bartley Chester Road)

16. Letter received January 12, 2007, from the State of New Jersey, Department of Environmental Protection regarding Agency Determination: Highlands Act – Not Major Highlands Development – Water Quality Management Plan – Consistent for Williams Minor Subdivision Block 5002, Lot 10. (Flanders Drakestown Road)

17. Letter received January 16, 2007, from the State of New Jersey, Department of Environmental Protection regarding Notice of Technical Incompleteness for Mollo/Luongo Single Family Home. Block 2514, Lot 2. (53 Pine Grove Street)

18. Letter received January 16, 2007, from Morris County Mosquito Extermination Commission regarding facts for adult mosquito control products.

19. Letter received January 16, 2007, from the State of New Jersey, Department of Transportation regarding recommended speed limit changes along Route 206.

20. Letter received January 16, 2007, from NJ Transit Corporation regarding 2007 request for financial assistance.

21. Letter received January 18, 2007, from Princeton Hydro regarding Site Access Consent Letter for General Permit 18, Project Name: Greundyke Dam Removal and Restoration. Block 8500, Lot 21 (2 Route 46)

UTILITIES

22. Fax received January 10, 2007, from Comcast regarding Hiring Announcement.

LEGISLATIVE REPRESENATIVES

23. E-mail received January 5, 2007, from Congressman Frelinghuysen regarding Frelinghuysen sworn in, Introduces Legislation to Make NJ Safer, PAYGO: License to tax and spend, and House approves Additional Rules.

24. E-mail received January 12, 2007, from Congressman Frelinghuysen regarding Statement on Iraq Policy, Major Appropriations Committee Appointments, 9/11 Reform Bill, and Minimum Wage Increased.

TORT

25. Tort Claim received January 16, 2007, from Glenn A. Montgomery regarding Marilyn Ryan.

President Greenbaum: There are 25 pieces of Correspondence. Does anyone wish to discuss any particular piece of Correspondence? Seeing none.

ORDINANCE FOR PUBLIC HEARING - None

ORDINANCES FOR FIRST READING - None

CONSENT RESOLUTIONS AGENDA:

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

CONSENT RESOLUTIONS

1. Resolution of the Township Council of the Township of Mount Olive Authorizing the Submittal of a Community Development Grant Application.

2. Resolution of the Township Council of the Township of Mount Olive Supporting the Participation in the 2007 Fair Share Assessment with the Morris County Chapter’s McARP.

3. Resolution of the Township Council of the Township of Mount Olive Awarding a Contract to Absolute Fire Protection for (1) CAFS Engine for Flanders Fire Company.

4. Resolution of the Township Council of the Township of Mount Olive Commending Officer Michael Hahn on His Retirement for the Mount Olive Township Police Department.

5. Resolution of the Township Council of the Township of Mount Olive Concurring in the Recommendation of NJDOT for Reduced Speed Limits Along Route US 206 from the Township’s Boundary with Chester Township to the Township’s Boundary with Roxbury Township.

6. Resolution of the Township Council of the Township of Mount Olive Commemorating the Service and Now the Retirement of Police Chief Edward Katona.


7. Resolution of the Township Council of the Township of Mount Olive Authorizing an Easement Agreement Between the Township and Saint Elizabeth Ann Seton Parish.

8. Resolution of the Township Council of the Township of Mount Olive Authorizing a Professional Services Contract with Golub Animal Hospital for Animal Control Purposes for 2007.

9. Resolution of the Township Council of the Township of Mount Olive Authorizing an Agreement to Demolish and Remove a Barn on Charters Farm, Block 8300 Lots 3 & and Block 900 Lot 1.

President Greenbaum: Does everyone see that we got an additional piece of paper on Consent Resolution #9?

Mr. Biondi: That is for Charters Farm?

President Greenbaum: Charters Farm, the part that has to be removed…

Mr. Biondi: Yes sir. It’s here.

President Greenbaum: The Resolution that we have in front of us is going to be substituted for the one that was originally in the packet. So with that, does anyone wish to have any of the resolutions moved off the Consent Resolutions?

Mr. Tepper: Number four and number six.

Mrs. Masser: I’m sorry, number four…

Mr. Tepper: And number six.

President Greenbaum: Number four and number six.

Mr. Tepper: Yes.

Mr. Rattner: Number five.

President Greenbaum: Four, five and six. Mr. Buell, do you want to move #1-3 and #7-9?

Mr. Buell: Thank you. I will move #1-3 and #7-9 of the Consent Resolutions.

President Greenbaum: Is there a second?

Mr. Tepper: Second.

PUBLIC PORTION ON CONSENT RESOLUTIONS

COUNCIL COMMENTS ON CONSENT RESOLUTIONS

President Greenbaum: Moved and seconded. Is there anyone from the public who wishes to be heard on any of the resolutions? Seeing none, Roll Call. I’m sorry, any discussion from Council? Roll Call.

ROLL CALL: Passed Unanimously

RESOLUTIONS NON CONSENT

President Greenbaum: Resolution #4, Mr. Tepper do you want to move that?

Mr. Tepper: I would like to move Resolution #4 and have the Council recognize the service that Michael Hahn has provided to the Township.

Mrs. Labow: Second.

PUBLIC PORTION ON INDIVIDUAL RESOLUTIONS

President Greenbaum: Moved and seconded. Is there anyone from the public who wishes to be heard?

COUNCIL COMMENTS ON INDIVIDUAL RESOLUTIONS

President Greenbaum: Mr. Tepper, did you just want to have that removed so that it could be individually introduced?

Mr. Tepper: That was solely the reason for removing it, was that he could get the recognition rather than have it just passed on consent.

President Greenbaum: Okay. Is there any further discussion? Roll Call please.

ROLL CALL: Passed Unanimously

President Greenbaum: Resolution #5. Mr. Rattner, do you want to move that please?

Mr. Rattner: I move Resolution #5.

President Greenbaum: Is there a second?

Mr. Buell: Second.

President Greenbaum: Moved and seconded. Is there anyone from the public who wishes to be heard?

Mr. Rattner: I am going to vote for this because anything we can get to try to increase the safety on 206 and here with the speed limit, it makes sense. I don’t know how we got into this where everybody is arguing about what the appropriate speed is. Right now 206, I think, is only a little more than 4.2 miles in Mount Olive. If you look at all the signs and speed limits between Route 24 and Route 80 which is 7 miles, it goes up down, sideways and everything else. The one thing that I still don’t think makes any sense at all is that last part where we are keeping the speed limit at 50 between 92, 17, 93, and 69. Now more than just my opinion and based on when I got my driver’s license and the braking test, when they gave you the braking distances, I think it makes sense because of reaction time. In that same area there are yellow suggested speed limit signs, you know for people that don’t understand. You have the speed limit, you have how much you can get away with but anybody…when you took your driver’s test you had to remember, when you saw a speed limit in the yellow sign, it was a suggestion. Going in that area, that mile and half, if you’re going north, there are two suggestions in that 92, 17, and 63, 69, those yellow signs that say 45 miles an hour. We know it’s suggested. The speed limit is 50 right now. The DOT determined that it’s suggested you should do 45 and now we are just saying it should just be 50 because those suggestions didn’t mean much and I think they really did. If you are going south, it’s even more than that. You have a couple of those warning signs that say 45 but you also have truck speed limit 35. Now you have two different speed limits for trucks and cars which just on the surface doesn’t make any sense. As I said, I want to get this in and at least lower the speed limit to 40 miles an hour in downtown Flanders. For the last 30 years that I have lived in town the DOT has suggested, not required, suggested that the speed limit be less than 50 and now we are still fighting over should it be a 50 mile an hour speed limit. You know that on Drakedale Road we had three accidents in one day all due to driver inattention, most of the people saying because they didn’t see the car stopped at the light and they couldn’t stop in time. I really think any reduction in speed makes sense and that is what this code is. These are the way the signs are. We do have two warning signs in that area that say, 45 going north and we have three warning signs in that mile and a half going south, two of them telling trucks suggested to do 35 miles an hour because of the 5% grade on the highway, so you have different speed limits. I don’t think it makes sense but I will vote for this resolution because it is at least a move in the right direction.

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

ROLL CALL: Passed Unanimously

President Greenbaum: We are up to Resolution #6. Mr. Tepper, do you want to move it?

Mr. Tepper: Yes, I would like to move Resolution #6 and I would like to have the Council acknowledge the length of service and the quality of service that the Chief has provided to the Township.

Mrs. Labow: Second.

President Greenbaum: Moved and seconded, anyone from the public? Chief do you have anything you want to say? Is there anyone else on Council that has anything they want to say? These obviously will be presented at some other time to these particular individuals. So act surprised Chief, Roll Call please.


ROLL CALL: Passed Unanimously

MOTIONS

President Greenbaum: The first Motion is:

1. Appointment of Jeffrey Stadelman to the Economic Development Committee for a 3 year unexpired term expiring 12/31/08.

President Greenbaum: Mr. Biondi, would you like to move that Motion?

Mr. Biondi: I would like to move that Motion for the Appointment of Jeffrey Stadelman to the Economic Development Committee.

Mrs. Labow: Second.

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

ROLL CALL: Passed Unanimously

President Greenbaum: The next Motion is:

2. Appointment of Brian Siegelwax as the Chairman of the Economic Development Committee.

President Greenbaum: Mrs. Labow, would you like to move that?

Mrs. Labow: Yes, I would like to move the Appointment of Brian Siegelwax as the Chairman of the Economic Development Committee.

Mr. Rattner: Second.

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

ROLL CALL: Passed Unanimously

President Greenbaum: We are up to the Raffle Applications. Mr. Rattner, do you want to move those please?

3. Approval of Raffle Application #2182 for the Parents Club Mt. Olive High School; Raffle Application #2183 for Sand Shore Home and School Partnership; and Raffle Application #2184 & #2185 for the Chester PTO.

Mr. Rattner: I move Raffle Application #2182 for the Parents Club Mt. Olive High School Raffle Application #2183 for Sand Shore Home and School Partnership and Raffle Application #2184 & #2185 for the Chester PTO.

President Greenbaum: Is there a second?

Mr. Buell: Second.

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

ROLL CALL: Passed Unanimously with the exception, Mrs. Labow abstained on #2182

4. Bill List

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

Mr. Rattner: Yes, I move the Bill List as submitted pages #1-12.

President Greenbaum: Is there a second?

Mr. Buell: Second.

President Greenbaum: Any discussion? Roll Call please.

ROLL CALL: Passed Unanimously

ADMINISTRATIVE MATTERS

President Greenbaum: We are up to Administrative Matters. Anything Mayor? Anything Mr. Sohl?

Mr. Sohl: Just to note that the Highlands group meets in this building on Thursday at 8:00am.

President Greenbaum: Okay, I don’t know that any Councilmembers can make it to that. Colleen, are you going to be here?

Mrs. Labow: Yes.

Mr. Rattner: I will try to make it too.

President Greenbaum: Okay, anything else?

OLD BUSINESS

President Greenbaum: Thank you. Any Old Business?

Mr. Rattner: Two things. There were two meetings this week related to the development in the Highlands. On Monday there was a meeting between Mount Olive, the Rockefeller Group and the County Planning Board to discuss issues involving the landfill sale and the development of the landfill. The meeting went very well. We have complete support and backing and there will be active support of the County Planning Board on any issues that we have to have. That was actually a request to them. It was actually a large meeting. We got a lot done. I was there, Bill attended representing the Administration, obviously, professionals along with the Economic Development Corporation of Morris County, the County Planning Board and, of course, the Rockefeller Group. So that went very well and that’s moving ahead. I mean there are a lot of hurdles to be able to overcome but we got most of exactly what we have to do and also some encouragement that it actually can be done, so that was good. Today, I had a meeting with the executive staff of the Highlands Council themselves, Dante Dipirro the Executive Director, Steve Balzano, the Director of Science and Planning and Thomas Borden, the Deputy Executive Director. Attending from Mount Olive, was myself and Chuck McGoarty and Catherine Natafalusy. This was not to discuss any individual things or get any acceptance. It was just to find out if the route we are traveling, looking at the Highlands, how we can effect changes, how we can correct the information that is included in the report. I think overall… I know Chuck, Catherine and I came away very happy. They are willing to listen as long as we can support different things that we want to do. We are not talking about wholesale changes but things that will make it easier and make it easier on Mount Olive. They are willing to listen. They also wanted to know because we went with a couple different areas where we think that they just mis-mapped something, they also used older maps, where there is disturbed property that we think should be developed because of disturbance, they didn’t have it as disturbance. It’s not as bad as what they did to Dover where they had their landfill as a park with endangered species. That is where Federal Express is going in. That meeting, I think, went very very well. Not that we think we are anywhere there now, but at least we have people that are listening and we started a dialog. So we are moving in that direction.

President Greenbaum: Colleen, you have some Old Business?

Mrs. Labow: I would consider it Old Business but probably I really should have said it under New Business. We all received email communications from Mr. and Mrs. Duarte on 17 Chamberlain Lane, a situation where the people had purchased an older home, they demolished it and built a new home and now they can’t move in because they are told that due to COAH obligations they have to pay a $3,000 to $4,000 COAH fee. Chuck McGoarty had visited this issue a couple months back. I think we are waiting to take formal action on that until we get our final plan on the COAH. In the interim I received an email today from this gentleman asking if they could possibly get a temporary CO until this issue is resolved. It is my understanding from talking to Catherine… I think Bill could help me out, that we are going to try and take the position where if someone demolishes a house and builds a new one, they are not in fact creating a new COAH obligation. Do we have to check with the State and find out if we can pass a resolution to give them a temporary CO until this issue is resolved, so they can get in their home?

President Greenbaum: Mr. Dorsey, is Council able to take such action?

Mr. Dorsey: It will create an enormous problem if you were to create a temporary CO and then revoke it. I thought the answer in these cases were that we were permitting people to move forward if they deposited their COAH obligation on a protest basis and then have a week to file the determination. I mean it’s very simple. Let them put the money in escrow and it not be fully retained until such time a decision is made.

President Greenbaum: Mayor?

Mayor Scapicchio: Council President, Bill Sohl has been handling this. He has been in contact with all the Councilmembers and I believe he has the situation under control and I will pass it on to Bill for any further comments.

Mr. Sohl: Correct me if I am wrong, each of you have a memo from….

President Greenbaum: We do have it.

Mrs. Labow: When did we get that in today’s…

Mr. Sohl: That was handed to Lisa last week.

Mr. Rattner: That was last week, after we got the correspondence.

Mr. Sohl: Let me just address what is being asked for now, it is not what originally triggered this investigation. Let me say where we are at right now. Chuck McGoarty and I discussed the matter as did Catherine. I discussed it with Mr. Dorsey and the issue comes down to one of…we are collecting fees for somebody that demolishes a home and puts a new one up. Chuck McGoarty spoke to COAH on Friday of last week and they don’t have a problem with us changing and creating an exemption and, in fact, adding a retroactive aspect to that exemption. Creating an escrow account just for this means you have to open up with a W-9…I discussed this with Sherry, its far better if you collect the fee and refund it assuming the Council is willing to go along with those changes. We are in the process of getting those changes drafted.

President Greenbaum: Okay, we will wait and see what comes from the Administration. Until then the process is you have to pay the fee if you want to get the CO.

Mrs. Labow: They will have to go ahead and pay it and then…

President Greenbaum: Yes, and then…

Mrs. Labow: I think that is their issue, I don’t think they have that kind of money to….

President Greenbaum: I understand that.

Mayor Scapicchio: Unfortunately Colleen, we don’t have the discretion at this point to do anything other than…

Mr. Dorsey: Give me the list of properties Bill, and the addresses. I will try and do an ordinance for you next week.

President Greenbaum: Very good. Any other Old Business?

NEW BUSINESS

President Greenbaum: Any New Business?

Mr. Buell: Yes, I attended Erie Lackawanna Cutoff restoration project today representing the town. I did provide testimony or a sworn statement to them indicating that we are in accordance with doing this and encourage this project to go ahead. I also used the opportunity to testify to the Department of Transportation that we would also like to see the electrification of the rail line from Hackettstown to Dover. Whether that…if this is the wrong group of people, at least I got the word in. Anybody else that wants to submit comments to the Department of Transportation on this issue, I have the forms and if they want to fill them out and send them in, for whatever its worth, they will process them and at least they will be recorded.

President Greenbaum: Very good. Perhaps we could get something from the Administration in furtherance of this. I think we already saw something but if not, maybe Dave, the Administration could submit something in favor of this proposition, for the electrification.

Mr. Dorsey: We didn’t do a resolution on that.

President Greenbaum: I thought we did do a resolution…

Mayor Scapicchio: We did a resolution and I actually have a meeting scheduled for Friday morning with George Warrington who is the executive director of New Jersey Transit, typically, to talk about the electrification of the rail from Hackettstown to Dover.

President Greenbaum: Very good. Any other New Business?

LEGAL MATTERS

President Greenbaum: Any Legal Matters?

Mr. Dorsey: Only that I am anticipating having three checks in connection with the Muelbauer House within two weeks.

President Greenbaum: Very good.

COUNCIL REPORTS

Recreation Liaison Report

Mr. Biondi: There was no meeting and the Winter Festival was cancelled last week. Supposedly it is going to happen this week. I don’t know if it is going to make it, I think it may just be too cold. Other than that…

Mr. Rattner: Last year it was snow…

Mr. Biondi: It is supposed to be 20 degrees. People aren’t going to come out in 20 degrees. I don’t think anyway. Other than that there was no activity with the Recreation Department.

Board of Health Report

Mrs. Labow: Yes, we had a very productive meeting Wednesday night. We talked about the stacking ordinance and where we want to go with that. We do have to gather some data to see what type of implementation it would take. So as a result of that discussion, our Attorney Peter King, Frank Wilpert and myself have a meeting Friday February 2, 2007, with the Councilwoman from Parsippany who introduced the stacking ordinance in Parsippany and we will get back to you on that. Basically, it was just our reorganization meeting and standard January type of things.

Planning Board Report

Mr. Tepper: Yes, the Planning Board held two meetings since we last met officially. We had a reorganization meeting. Joe Fleischner was named the Chair and Ralph DeFranzo was the Vice Chair. Schoor DePalma was named the Engineer and Roger Thomas was renamed as Attorney. At the last meeting there were two developments that had asked for extensions. One was Morris Chase, the other was Rezamir and they both were continued to future meetings.

Board of Adjustment Liaison Report

Mr. Perkins: None

Open Space Committee Report

Mrs. Labow: We meet…I already discussed it on the last one. We have a meeting in February… is our next meeting.

President Greenbaum: Okay. My understanding is that we are going to have a short executive session this evening on Open Space issues. That has been requested by Kathy Murphy. She has indicated to me that it will last no more than five minutes. So we will deal with that at the end of the meeting. Mr. Biondi, anything on the Legislative Committee Report?


Legislative Committee Report

Mr. Biondi: Other than the fact that the DOT finally acquiesced to the changes that were made by Chief Katona and Scott VanNess for the 206 speed limits. We also had a meeting about a week ago, with the Chief, Officer Spitzer and Officer VanNess in Guy Gregg’s office to discuss changes in the timing of some traffic lights on 206 and also lane painting ability over on Route 46.

President Greenbaum: So the record is clear. I know that there was some discussion outside of the Council meeting, that certain people said that the Council takes action on speed and safety issues without discussing it and getting agreement from the Police Department.

Mr. Biondi: That is absolutely untrue.

President Greenbaum: I can tell you that in the timeframe that I have sat up here, and I am sure it goes a lot further back than that, on any issue having to do with the change of a speed limit or a safety issue which affects either the Police Department or the Fire and Rescue Squads, we always ask for their input and we generally, if not always, concur with those decisions. I am sure Chief Katona you would agree with that. If you would, state your name and position for the record please.

Mr. Rattner: At least for this month.

Chief Katona: The next seven days.

Mayor Scapicchio: Ed, you got it counted by hours.

Ed Katona, Chief of Police: I would just like to say, at any time that the Police Department has brought an issue of safety before this Council, the Council has always been receptive of those and have always cooperated in the implementation of those ideas. In this most recent issue, I am not clear how the media picked up that there was some type of action by the Council without the representation of the Police Department or vice versa. There certainly was…I’ll say an Administrative mix up. It’s a matter of doing business. We always put issues together and make corrections as we find errors. That’s not unusual. This was a simple omission and for some reason unknown to me someone took it to the press and said that there was a huge rift and I would like to say for the record that this truly couldn’t be further from the truth.

President Greenbaum: I would just like to say for the record that I appreciate you coming up here to set the record straight and I think I speak for the entire Council and the Administration to say, obviously, other than Mr. Rattner who perhaps knows more about everything than anybody else, we rely upon, obviously, the educational background and the experience of the Police Department in making the decisions that we do that relate to the Police Department.

Chief Katona: I have to add to that, that we can’t do it alone. The assistance that Mr. Biondi has brought forward in the last couple of months is really invaluable.

President Greenbaum: Yes, now if we can get a light at Connelly Avenue, boy we will call that a home run. The one thing that I do want to comment on, I think that Mr. Rattner actually has a quicker response time to emergency calls than do the Fire, Rescue and Police Department.

Chief Katona: Yes, he is faster than anybody else. If we could get him to be accurate, that would be okay.

President Greenbaum: That’s really asking for a lot. Okay, up to the Board of Education. We’d fire you Ed, but what’s the point?

Pride Committee Liaison Report

Mr. Perkins: None


Board of Education Liaison Report

Mr. Buell: Yes, we met last night, a fairly short meeting. The only major things that they talked about that had any real relationship to us, they talked about the Schoolhouse Lane drainage problem again. They are now coming to the conclusion that they are probably going to have to pipe it into our pipes and get all the permissions that they need to do that because it’s…the fixes that they had tried so far are not working. The Board of Education took note of your letter to them visa vis, the outsourcing. They are having public hearings on their budget on February 8th to talk about the outsourcing issue and provide their studies at that meeting about the budget. The only other thing is that the Education Foundation or the Mount Olive Education Foundation is selling raffle tickets for $50.00 a piece, anybody who is interested, Bill Robinson would be more than willing to provide you with a ticket.

President Greenbaum: I note from reading in the paper, that there were a number of resignations that the Board accepted last night, one of which was the Principal at the Sand Shore School and several of the teachers at the Middle School and also the resignation of Jim Kramer as football coach.

Mr. Buell: Yes, Jim Kramer, plus also the…

President Greenbaum: I guess he is going to remain on as a Principal...Vice Principal.

Mr. Buell: Yes, the Visual Arts Director also resigned.

Lake/Environment Issues Committee

Mr. Rattner: Nothing to report.

Safety Committee Liaison

Mr. Perkins: None

Finance Committee Report

Mr. Rattner: Nothing. The budget was distributed and we will be setting up a meeting or two before we have our public hearing, so we can get their input.

Economic Development Committee Report

Mr. Rattner: We met last Saturday. Everybody showed up except for one of the former members. It was a very productive meeting. A lot of brand new ideas, a lot of new energy and it will probably take all that the Mayor and the Business Administrator can muscle together to hold them down, make sure that they focus on what they want to do, but they do have the energy. It’s a good mix and they really want to get something done.

Solid Waste Advisory Committee Report

Mrs. Labow: We meet the 7th.

Library Board Liaison

Mr. Tepper: The Library Board met and went into closed session to talk about some of their construction costs. There will be a meeting later this week with members of Council and Administration to go into details on that for the follow up presentation at a Workshop with Council.

President Greenbaum: Okay very good. I have been hearing very positive things about the direction that the Library is going in at this point.

Mr. Buell: Yes, can I bring up one other issue that I wanted to bring up and that’s the assessment on the
rollback for Toll Brothers. Has that been resolved?

President Greenbaum: No.

Mr. Sohl: Well, I mean it depends on what you mean by resolved.

Mr. Buell: Well, do we follow Mr. Dorsey’s advice I guess?


Mr. Sohl: No, we did not at this point.

Mr. Tepper: Should we?

Mr. Dorsey: Has Mr. Marchione issued the bill?

President Greenbaum: No.

Mr. Dorsey: Why not?

Mr. Buell: Should we discuss that? I think we should, if our attorney says we should…

Mr. Dorsey: I don’t know that we should discuss it in public.

Mr. Sohl: Nor do I. I agree with Mr. Dorsey.

President Greenbaum: I don’t think that it’s a public discussion. We can put it on for a Workshop at the next meeting in February. I don’t think that is a discussion that we can have without having Jack present, as to why it happens and I think that there is a reason that it is being done in a particular way, although I am not sure. Okay, having said that, what committee report was that under or was that just a…

Mr. Buell: It was just…

President Greenbaum: Just an extra…

Mr. Biondi: That’s the ad hoc committee.

President Greenbaum: I will add a new category on the end.

Mr. Biondi: Ad hoc Committee.

Mr. Tepper: That was under Council comments and he was early.

President Greenbaum: We will just call it Buell matters.

Mr. Buell: Hey, there we are.

PUBLIC PORTION

President Greenbaum: At this point I will open it up to anyone from the public who wishes to address Council on any particular issue. Seeing none, I close it to the public.

COUNCIL COMMENTS

President Greenbaum: We are up to final comments. Sherry, anything this evening? You sure? It’s nice to see you down there.

Mayor Scapicchio: No thank you.

Mr. Sohl: No.

Mr. Tepper: No thank you.

Mr. Buell: No.

Mr. Biondi: Nothing.

Mrs. Labow: I just have a few matters…nothing.

Mr. Rattner: No.

Mr. Dorsey: No.

President Greenbaum: Lisa, anything?

Mrs. Masser: No.

President Greenbaum: We are going to go into a very short executive session to discuss Open Space issues. Mr. Rattner, do you want move us into executive session?

Mr. Rattner: According to section 7 & 8 of the Open Public Meetings Act I move that we go into executive session to discuss possible contract negotiations for Open Space.

Mrs. Labow: Second.

President Greenbaum: All in favor.

AYE

ADJOURNMENT

Motion to go into Open Session was made and seconded. All in favor and none opposed, the meeting was adjourned at 8:12 pm.

_________________________________
Robert J. Greenbaum, 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 February 13, 2007.

____________________________ Lisa M. Lashway, Township Clerk


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