TOWNSHIP COUNCIL PUBLIC MEETING MINUTES - December 22, 2009

The Public Meeting of the Mount Olive Township Council was called to Order at 8:06 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; Michelle Masser, Deputy Township Clerk

Questions on Bill List?

President Rattner: Does anybody have any questions on the Bill List? Seeing none, we’ll move right along.

APPROVAL OF MINUTES OF PREVIOUS MEETINGS

President Rattner: We have Minutes of our Previous Meeting. You didn’t mean the meeting of the 22nd did you?

Mrs. Masser: No, you’re not looking at the amended packet. We did fix that. It’s the December 8th Workshop, Public Meeting and Executive Session.

President Rattner: Okay, the December 8th Workshop, Public Meeting and Executive Session. Mrs. Labow, would you move those Minutes?

Mrs. Labow: Yes, I’ll move:

December 8, 2009 Workshop, Public Meeting & Executive Session – all present

Mr. Mania: I’ll second it.

President Rattner: Any corrections or comments? All in favor?

AYE

CORRESPONDENCE

LETTERS FROM RESIDENTS/ORGANIZATIONS

1. Email received December 15, 2009, from Rutgers University regarding a New Municipal Efficiencies Newsletter.

2. Email received December 16, 2009, from Dominick Sandelli, Captain of the Morristown Ambulance Squad, regarding the Mount Olive Volunteer EMS.

RESOLUTIONS / ORDINANCES / CORRESPONDENCE OTHER TOWNS

3. Invitation received December 11, 2009, from Netcong Borough to a Reorganization Meeting on January 2nd.

4. Email received December 16, 2009, from the City of Rahway regarding a Resolution on OPRA.

DOT / DEP / LOI / HIGHLANDS

5. Letter received December 14, 2009, from the State of New Jersey Department of Transportation regarding Mount Olive Township, Morris County, Block 5401 Lot 14 (Flanders Leisure Sports Complex 239 Route 46).

6. Email received December 14, 2009, from the State of New Jersey Department of Environmental Protection regarding the Mount Olive Recycling Center, Lot 4,1 Block 400, 401.

7. Email received December 16, 2009, from the State of New Jersey Department of Transportation regarding Mount Olive Township, Morris County, Block 8200 Lot 5 (Debeck Associates, 350 Route 46).

8. Letter received December 17, 2009, from the State of New Jersey Department of Environmental Protection regarding a Deficiency Letter for Applications for a Highlands Preservation Area Approval with Waiver, Block 7600 Lot 71 (30 Flanders Road and others).

9. Letter received December 17, 2009, from PS&S regarding Vegetative Maintenance, Utility Maintenance and Repair and Replacement Activities for Jersey Central Power and Light Company.

LEAGUE OF MUNICIPALITIES

10. Email received December 4, 2009, from the New Jersey State League of Municipalities regarding Bills Scheduled for Monday December 7, 2009.

11. Email received December 10, 2009, from the New Jersey State League of Municipalities regarding a League Professional Development Seminar – Budget Updates, League Professional Development Seminar – “Health Benefits Negotiations Primer,” and League Professional Development Seminar – Budget Updates.

12. Email received December 11, 2009, from the New Jersey State League of Municipalities regarding Three Issues.

13. Email received December 11, 2009, from the New Jersey State League of Municipalities regarding Police and Fire Labor Data Service.

14. Email received December 15, 2009, from the New Jersey State League of Municipalities regarding an Updated Speaker – League Professional Development Seminar and League Professional Development Seminar – Budget Updates.

15. Email received December 15, 2009, from the New Jersey State League of Municipalities regarding Public Intoxication Ordinances and S-3136/A-4362 – Reduces Required Local Employer Contributions to PERS and PFRS for State Fiscal Year 2010.

16. Email received December 16, 2009, from the New Jersey State League of Municipalities regarding the Updated Location Information for Budget Seminar on March 31, 2010 and Required Changes to EEO Posters.

17. Email received December 16, 2009, from the New Jersey State League of Municipalities regarding Lame Duck Update Bill on the Governor’s Desk.

18. Email received December 17, 2009, from the New Jersey State League of Municipalities regarding a Lame Duck Update.

19. Email received December 18, 2009, from the New Jersey State League of Municipalities regarding QPA (Qualified Purchasing Agent) Bill Signed into Law.

LETTER FROM LEGISLATIVE REPRESENTATIVES

20. Email received December 4, 2009, from Congressman Rodney Frelinghuysen regarding The Week Just Past, Bad Idea of the Week: A New War Tax, “Jobs Summit” All talk, No Action, Health Care Update: Senate Style. Iran Watched, Noted with Interest: Russian Arms Plants in Venezuela.

21. Email received December 11, 2009, from Congressman Rodney Frelinghuysen regarding The Week Just Past, Bad Idea of the Week: Spending Unused TARP Funds, There They Go Again – The Era of Big Government is Back, Congress Passes Flawed Financial Regulatory Overhaul, Rodney opposes Pelosis’s Tax “extenders” Bill, Health Care Update: Senate Style, Questioning the Federal Breast Health Taskforce, Defending the Navy Seals and Frelinghuysen’s Park Bill Passes.

UTILITIES

22. Email received December 4, 2009, from Verizon regarding Important Verizon Notice: Rate Change Information.

23. Fax received December 10, 2009, from Comcast regarding Channel Additions.

24. Letter received December 11, 2009, from Pivotal Utility Holdings, Inc. D/B/A Elizabethtown Gas regarding a Notice of Public Hearings to revise a Utility Infrastructure Enhancement (UIE) Rider.

25. Letter received December 11, 2009, from Pivotal Utility Holdings, Inc. D/B/A Elizabethtown Gas regarding a Notice of Public Hearings to revise a Weather Normalization Clause (WNC), a Societal Benefit Clause (SBC) and On System Margin Sharing Credit (OSMC).

26. Email received December 16, 2009, from Verizon regarding a 2009 Annual Notice & Rate Change effective January 17, 2009 Notification.

DCA

27. Email received December 10, 2009, from the State of New Jersey Department of Community Affairs regarding a GovConnect Update for December 10, 2009.

MSA

28. Letter received December 14, 2009, from the Musconetcong Sewerage Authority regarding 2010 Municipal Charges.

President Rattner: Okay, next we have Correspondence. We have 28 items of Correspondence. Does anybody have any comments on any of those items?

ORDINANCES FOR PUBLIC HEARING

President Rattner: Moving right along, we come to Ordinances for Public Hearing. I open the hearing to the public on 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: Would anybody from the public like to address the Council on this ordinance? Seeing none, I’ll close the public hearing and ask Mr. Roman to move it.

Mr. Roman: Thank you. I move for adoption and final passage of Ord.#28-2009.

Mrs. Labow: Second.

President Rattner: Anybody have any comments or questions? Roll Call.

ROLL CALL – Passed Unanimously

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 Cancellation of a Water Capital Ordinance Balance. Amended

2. Resolution of the Township Council of the Township of Mount Olive Authorizing the Cancellation of General Capital Ordinance Balances.

3. Resolution of the Township Council of the Township of Mount Olive Providing for the Transfer of 2009 Budget Appropriations for the Current Fund Budget.

4. Resolution of the Township Council of the Township of Mount Olive Authorizing the Cancellation of a Grant Balance (Pandemic Flu Planning Grant).

5. Resolution of the Township Council of the Township of Mount Olive Authorizing the Cancellation of 2009 Appropriations in the Water Utility Fund.

6. Resolution of the Township Council of the Township of Mount Olive Authorizing the Cancellation of 2009 Appropriations in the Sanitation District.

7. Resolution of the Township Council of the Township of Mount Olive Authorizing the Cancellation of 2009 Appropriations in the Recreation Utility Fund.

8. Resolution of the Township Council of the Township of Mount Olive Authorizing the Cancellation of 2009 Appropriations in the Current Fund.

9. Resolution of the Township Council of the Township of Mount Olive Authorizing the Cancellation of 2009 Appropriations in the Sewer Utility Fund.

10. Resolution of the Township Council of the Township of Mount Olive Authorizing the Amendment of a Previously Adopted Resolution of November 24, 2009, to Increase the Payment to Fletcher Creamer & Son for Emergency Repairs to the Flanders Sewer Plant Aeration Tank.

11. Resolution of the Township Council of the Township of Mount Olive Authorizing the Filing of a Grant Application (2010 Community Development Grant Program).

12. Resolution of the Township Council of the Township of Mount Olive Terminating the Contract with Andrews & Company for Maintenance or Cleaning Services. Amended

13. Resolution of the Township Council of the Township of Mount Olive Awarding a Contract to Intermark Building & Design for the Construction of a Maintenance Facility at the Cloverhill Water & Sewer Treatment Plant.

14. Resolution of the Township Council of the Township of Mount Olive Authorizing an Interlocal Services Agreement for Utilization of the Sheriff’s Mobile Data Terminal System Between the Township of Mount Olive and the County of Morris for the year 2010.

15. Resolution of the Township Council of the Township of Mount Olive Authorizing a Lease Agreement with the County of Morris for the Rental Space Known as the Nutrition Site at the Mount Olive Senior Center for the Year 2010.

16. Resolution of the Township Council of the Township of Mount Olive Establishing the Temporary Adoption of VilleTV Somerville Television Station Policies and Procedures Until Such Time that a Mount Olive Specific Policy/Procedure Document is Finalized and Adopted.

17. Resolution of the Township Council of the Township of Mount Olive Authorizing the Release of Performance Guarantees Submitted by Paramount Plaza, LLC.

18. Resolution of the Township Council of the Township of Mount Olive Authorizing a Settlement in Connection with Tax Appeals Filed by Newark Jersey c/o Mandelbaum.

19. Resolution of the Township Council of the Township of Mount Olive Urging the Legislature to Amend the Open Public Records Act to Address Various Technical and Practical Issues.

President Rattner: We have 19 items on the Consent Agenda. Is there anybody who wants to remove 16, or we’d just rather vote on it on the, vote no on the Consent Agenda?

Mr. Greenbaum: Just remove it.

Mr. Perkins: Just remove it.

Mrs. Labow: Remove it.

Mr. Greenbaum: Remove it and don’t put it on Non Consent. Just remove it.

Mr. Perkins: Just remove it.

President Rattner: Okay. So, Mr. Mania, would you move Consent Resolutions number 1 through 15 and 17 through 19?

Mrs. Labow: And you have the correction, Steve?

Mr. Mania: I move for the adoption of Consent Resolutions 1 through 15, 17, 18 and 19.

Mr. Perkins: Second.

President Rattner: Right, and we also acknowledge that Resolutions number 1 and 12 have been amended, basically wording.

Mr. Perkins: Correct.

President Rattner: Would anybody from the public like to address the Council on any of those issues? Okay, Mrs. Murphy.

PUBLIC PORTION ON CONSENT RESOLUTIONS

Mrs. Murphy: Could we move number 11 to Non Consent for Community Development, please?

Mr. Perkins: Say what?

Mrs. Murphy: I need to have a discussion for that for the record.

COUNCIL COMMENTS ON CONSENT RESOLUTIONS

Mr. Roman: She wants to move 11 to Non Consent.

Mrs. Labow: Yes, 11 has to be discussed separately.

President Rattner: Okay, would…

Mrs. Labow: Steve, number 10 was also amended. You didn’t…. Right, was that the dollar amount?

Mr. Perkins: That was just a correction to the cost…

President Rattner: A correction that wasn’t there. Just a correction…

Mr. Greenbaum: Did you move it already?

Mr. Mania: Yes.

Mr. Greenbaum: So just agree to move 11 to Non Consent.

Mr. Mania: I’ll agree to remove 11.

Mr. Perkins: Second.

President Rattner: So you amend your motion?

Mr. Mania: Amend my adoption (motion).

Mr. Perkins: Second.

President Rattner: Okay, again, anybody from the public who would like to address the Council? Seeing none, Roll Call.

ROLL CALL – Passed Unanimously

RESOLUTIONS NON-CONSENT

President Rattner: Okay, now we go on to Non Consent Resolutions. The first one we’ll have is number 11, which is authorizing the filing of a Grant Application for the 2010 Community Development Grant Program.

11. Resolution of the Township Council of the Township of Mount Olive Authorizing the Filing of a Grant Application (2010 Community Development Grant Program).

President Rattner: Mrs. Murphy?

Mrs. Murphy: This year the Community Development Grants have to be filed January 8th which is three weeks earlier. So that’s why we’re doing our resolution in December. We usually have been doing it in January in the past. This year our project is recommended to be some paving on Manor House Road. We have received some grants in the past from Community Development for that area to redo some drainage. So the paving of this, as much as we can do of Manor House Road, would help finish some of the work that we’ve done there. So that’s our proposed project. Most of that work will be for materials. Tim’s crew can do some of the paving.

President Rattner: And with the things they look at, the income of the people being affected and everything else should fall well within that?

Mrs. Murphy: That’s all within an eligible district, and Community Development has paid… Two years ago they paid for a lot of drainage. Tim has been putting in a lot of drainage basins around there.

President Rattner: Right.

Mrs. Murphy: Especially on lots or public right of ways that the Town has owned. So this will help finish up some of the work that they’ve been doing.

President Rattner: Okay, now this has to be opened up to the public, right? Okay, we’d open it up anyway. Anybody from the public that would like to address the Council on resolution number 11 which is filing a grant request for repaving on Manor House Road? Seeing none, I’ll close the public hearing and ask Mr. Greenbaum to move resolution number 11.

Mr. Greenbaum: So moved.

Mr. Perkins: Second.

President Rattner: Any other discussion?

Mr. Mania: Second.

President Rattner: Okay. Roll Call.

Mr. Perkins: Third.

Mr. Greenbaum: You missed it.

ROLL CALL – Passed Unanimously

President Rattner: Okay, resolution number 12. Mr. Tobey, would you move that one?

12. Resolution of the Township Council of the Township of Mount Olive Terminating the Contract with Andrews & Company for Maintenance or Cleaning Services. Amended

Mr. Tobey: Yes, I move resolution number 12.

Mrs. Labow: Second.

President Rattner: Would anybody from the public like to address the Council on this resolution? Seeing none, I’ll close the public portion. Roll Call.

ROLL CALL – Passed Unanimously

President Rattner: Resolution number 13, Mr. Perkins?

Mr. Perkins: Why are we pulling these, Non Consent, Mr. President? Point of order.

President Rattner: Oh, I’m sorry.

Mr. Roman: Yes, it should be twenty…

President Rattner: I thought there was an 11. It’s my last meeting. I’m losing it.

Mr. Perkins: It’s okay.

Mrs. Labow: You lost it.

Mr. Greenbaum: What do you mean losing?

President Rattner: Yes, I know I already lost it. Okay, I’m sorry. Resolution number 20, Mr. Perkins?

Mr. Perkins: Thank you. I move for adoption of Non Consent Resolution number 20.

20. Resolution of the Township Council of the Township of Mount Olive Commending Suzanne Murray Jeska’s Services to the Township as President of the Mount Olive Library Board of Trustees.

RESOLUTION OF THE TOWNSHIP COUNCIL OF THE
TOWNSHIP OF MOUNT OLIVE COMMENDING
SUZANNE MURRAY JESKA’S SERVICE TO THE
TOWNSHIP AS PRESIDENT OF THE MOUNT
OLIVE LIBRARY BOARD OF TRUSTEES

WHEREAS, municipal government today as always is intensely dependent upon the services contributed by citizens of the community to the operation of municipal government; and

WHEREAS, in that connection, Suzanne Murray Jeska has served the Township as President of the Mount Olive Library Board of Trustees, and it is the view of the Township Council that under her direction as President, the Library has made extraordinary steps in modernizing its facilities, in introducing new techniques, and indeed, all of this being done for the purpose of providing greater service to the Township whose population is dependent upon the services of the Library; and

WHEREAS, Ms. Jeska has an extraordinary business record, a graduate of the University of Pittsburgh, with a Masters of Science from Purdue University, and extraordinary experience in the private sector dealing with such issues as new technology, web site technology, all of which she has brought to bear in her capacity as President of the Mount Olive Public Library; and

WHEREAS, Ms. Jeska has apparently determined to retire from that position, the Township Council of the Township of Mount Olive wishes to thank her and commend her for her service to the Library Board and her service to the Township as a whole;

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Mount Olive, that it does hereby commend Suzanne Murray Jeska for her outstanding services to the Library Board and to the Township in her service as President of the Library Board of Trustees.

Mr. Roman: Second.

President Rattner: Okay, it has been our procedure in the past that when it was an employee we would read it into the record. Do you want to do that, Mr. Perkins?

Mr. Perkins: Thank you, Mr. President. Okay, if I can find that real quick.

Mr. Greenbaum: Steve, do we actually need to read it into the record or can we just ask the Clerk to include the Resolution in the Minutes?

Mr. Dorsey: Certainly a copy will be sent to the recipient.

Mr. Greenbaum: Since she’s not here. We all appreciate her efforts.

Mr. Tobey: You took too long.

Mr. Perkins: I can’t find it.

President Rattner: Would you include the resolution in the record? Good idea.

Mr. Greenbaum: In fact, there were a number of Council members who were present at her last Board meeting to help commemorate her service to the Township.

Mr. Perkins: Commemorate?

President Rattner: We’ve still got to do a Roll Call.

Mr. Perkins: Yes.

Mrs. Masser: Okay, so who…?

President Rattner: Ray moved it. Alex seconded it. Roll Call.

ROLL CALL – Passed Unanimously

President Rattner: Resolution number 22, Mr. Roman?

Mr. Roman: I move, 21 I believe we are on.

Mr. Perkins: 21.

Mrs. Labow: We’re on 21.

Mr. Roman: I move for adoption of Non Consent Resolution number 21.

21. Resolution of the Township Council of the Township of Mount Olive commending Police Officer Mark Martini on His Outstanding Service to the Township of Mount Olive.

RESOLUTION OF THE TOWNSHIP COUNCIL OF THE
TOWNSHIP OF MOUNT OLIVE COMMENDING POLICE
OFFICER MARK MARTINI ON HIS OUTSTANDING
SERVICE TO THE TOWNSHIP OF MOUNT OLIVE

WHEREAS, Police Officer Mark Martini was recently “piped out the door” by a bagpiper in light of his very recent retirement; and

WHEREAS, the Mayor and Township Council of the Township of Mount Olive would very much like to add to the many accolades given to Officer Martini those of the Mayor and Township Council; and

WHEREAS, Mark has served in a variety of law enforcement positions such as Patrol Division as a “street cop”, in the Investigation Division as a detective, as an investigator in the Morris County Prosecutor’s Office on their Fugitive Task Force, as a special police officer for the Borough of Netcong, and the Sheriff’s Department of the County of Sussex, as a guard for the Rahway State Prison, and on the New Jersey State Police Marine Bureau. His experience as a law enforcement officer has been without parallel, but in the Township of Mount Olive and in his service to the Township, he is most respected and to be commended for his greatest talent which while serving in Mount Olive was his compassion and understanding towards the elderly and his professional and effective handling of the mentally ill and persons and people in crisis; and

WHEREAS, these are outstanding qualities to find in a police officer who is constantly challenged by the criminal element in our society; and

WHEREAS, Officer Martini will be missed by those in the Police Department and many in the Township of Mount Olive because of his compassion and understanding of those who are challenged either by age or infirmity;

NOW, THEREFORE, BE IT RESOLVED, by the Township Council, Township of Mount Olive,
County of Morris, State of New Jersey, that it wishes to commend and thank Officer Mark Martini for his service to the Township of Mount Olive as a member of its police force, and his service in many other law enforcement positions, and wish him the best on his retirement.

Mrs. Labow: Second.

President Rattner: Roll Call.

ROLL CALL – Passed Unanimously

Mr. Greenbaum: You probably still want to open it up to the public anyway.

Mrs. Labow: Yes.

Mr. Greenbaum: Even though no one’s going to comment, but since the rules require it.

Mr. Perkins: Unless of course he’s arrested them, somebody may have something to say.

President Rattner: No, we didn’t do 22.

Mrs. Masser: He said 22 but it was 21.

President Rattner: It was 21.

Mr. Perkins: Yes, Mr. Roman corrected you.

Mr. Greenbaum: He did correct it but you never opened it to the public.

President Rattner: Would anybody from the public like to address the resolution commending Police Officer Mark Martini on his outstanding Service to the Township? Seeing none, I’ll close the public portion. Thank you.

President Rattner: Resolution number 22.

22. Resolution of the Township Council of the Township of Mount Olive Commending Maryann Piegaro, RNBS, on her Outstanding Service to the Township of Mount Olive. (New)

Mr. Greenbaum: I’ll move it.

President Rattner: No, we gave it to him. We didn’t…

Mr. Dorsey: Oh, alright.

Mr. Greenbaum: I’ll move it.

Mrs. Labow: Second.

President Rattner: Anybody from the public who would like to address the Council on that resolution? Seeing none, I’ll close the public portion and ask for a Roll Call.

ROLL CALL – Passed Unanimously

President Rattner: Mrs. Labow, would you move resolution number 23.

Mrs. Labow: I move resolution number 23.

23. Resolution of the Township Council of the Township of Mount Olive Authorizing Payment Certificate No. 2 – Final in Connection with the Improvements to Flanders-Bartley Road Project. (New)

Mr. Greenbaum: Second.

President Rattner: Anybody from the public who would like to address the Council on resolution number 23? Seeing none, I’ll close the public portion. Roll Call.

ROLL CALL – Passed Unanimously

President Rattner: Resolution number 4, we’ll start back down at the other end. Mr. Mania?

Mr. Mania: Was that 24?

Mr. Greenbaum: 24.

Mrs. Labow: 24.

Mr. Mania: I move for adoption of resolution number 24.

24. Resolution of the Township Council of the Township of Mount Olive Authorizing a Settlement in Connection with a Tax Appeal Filed by Prologis Logistics Services, Inc. (New)

Mrs. Labow: Second.

President Rattner: Would anybody from the public like to address the Council on that resolution? Seeing none, we’ll close the public portion. Roll Call.

ROLL CALL – Passed Unanimously

President Rattner: Resolution number 25, Mr. Greenbaum?

Mr. Greenbaum: I’ll move for approval of resolution number 25.

25. Resolution of the Township Council of the Township of Mount Olive Authorizing Renewal of the Plenary Retail Consumption License for Joseph Azzolino (1427-33-021-008) for the 2009-2010 Licensing Period. (New)

Mr. Perkins: Second.

President Rattner: Moved and seconded. Would anybody from the public like to address the Council on any, on this resolution? Seeing none, I’ll close the public portion. Roll Call.

ROLL CALL – Passed Unanimously

President Rattner: Resolution number 26, Mr. Perkins?

Mr. Perkins: Thank you, Mr. President. I move for adoption of Non Consent resolution number 26.

26. Resolution of the Township Council of the Township of Mount Olive Commending the Members of the Board of Adjustment and It’s Professionals. (New)

Mrs. Labow: Second.

President Rattner: Anybody from the public who like to address the Council? Usually we get people who do comment on some of these things. I’ll close the public portion. Roll Call.

Mr. Perkins: Council comments, right?

President Rattner: Oh, Council comments. Mr. Perkins?

Mr. Perkins: Thank you, Mr. President. Mr. President, I appreciate the fact that you were able to get this resolution placed on the Agenda for this evening. Ladies and gentlemen, we have had some outstanding volunteers over the course of the years who have volunteered for the Zoning Board, which fell under the purview of the Township Council. We feel it appropriate at this time, since the voters of Mount Olive have approved the merging of Zoning and Planning into the Planning department, and some of those members, at least two of them, will be moving up to the new Planning Board. At this time we are taking recognition of those members including the professionals that gave at least two nights every month to deal with issues such as your decks, your sheds, your pools, lot line variances, etc. Thank you, Mr. President.

Mrs. Labow: Well said, Ray. Thank you.

President Rattner: Thank you. Anybody else have any comments? Roll Call.

ROLL CALL – Passed Unanimously

MOTIONS

President Rattner: Now we move to Motions. Mr. Tobey, would you move the raffle applications?

Mr. Tobey: So moved.

1. Approval of Raffle Application #2340 & #2341 for Newton Memorial Hospital Fdn.

Mr. Perkins: Second.

President Rattner: Any discussion? Roll Call.

ROLL CALL – Passed Unanimously

President Rattner: Now we come to the Bill List. Mr. Greenbaum?

Mr. Greenbaum: I move for approval of the Bill List in its entirety.

2. Bill List.

Mrs. Labow: Second.

Mr. Mania: I’ll second it.

President Rattner: Any discussion? Roll Call.

ROLL CALL – Passed Unanimously

ADMINISTRATIVE REPORTS

President Rattner: Are there any Administrative Reports?

Mr. Sohl: Happy New Year. Merry Christmas. Happy Hanukkah.

President Rattner: Thank you. Is there any Old Business?

Mr. Sohl: Sherry, do you want to give them the latest update on the collection rate?

President Rattner: Mr. Perkins?

OLD BUSINESS

Mr. Perkins: Thank you, Mr. President. I wanted to commend the Administration on the outstanding job you guys did with getting the fencing installed around the Budd Lake Beach area. They did a real nice job of cordoning off what the Township owns, and it surely made it much more appeasing for the residents to utilize this summer. Again, I’d like to commend the Administration for getting that done.

Mr. Sohl: Thank you.

President Rattner: Thank you. Any other Old Business? New Business? Any Legal Matters?

NEW BUSINESS – none

LEGAL MATTERS

Mr. Dorsey: Only executive session.

COUNCIL REPORTS

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

Recreation Liaison Report

Mr. Roman: Nothing to report.

Board of Health Report

President Rattner: Board of Health Report, Mr. Perkins?

Mr. Perkins: Yes, Mr. President. We had the last meeting of the year. The Board passed a resolution asking and authorizing the reappointment of three of its members who have already been discussed during the political caucus. H1N1, we continued with the last clinic that was done. It was outstanding. We have been now servicing… The Health Officer along with the Secretary did have a meeting with the representatives from Wharton getting ready for us to take that Borough over at the beginning of the year. Thank you, Mr. President.

President Rattner: Mr. Roman?

Mr. Roman: Ray, on those H1N1 vaccines, are any of them under the recall that was previously announced?

Mr. Perkins: No, no.

President Rattner: Mr. Sohl, you wanted to say something?

Mr. Sohl: Yes, no, none of those batches were the material that we had.

Mr. Perkins: Yes, we got the good stuff.

President Rattner: Mr. Perkins, do you know if we have any left, so if somebody comes in…?

Mr. Sohl: We have plenty left.

Mr. Perkins: We have plenty.

President Rattner: Okay, so just call the Health department and make an appointment.

Mr. Perkins: Make an appointment and see Mrs. Lepre.

President Rattner: Planning Board Report, Mr. Greenbaum.

Planning Board Report

Mr. Greenbaum: Yes, we actually had two meetings in the month of December. The first meeting had an application from the car dealership on Route 46 which is currently the Kia Subaru dealer who was looking to get a preliminary and final approval with respect to a piece of property which is in the Highlands, and they were going to go down to the Highlands and try to get an exemption to be able to build their car dealership. It was approved and if they do get their exemption, it would be the first of its kind issued by the State to allow them to build in the Preservation Area outside the bounds of what would normally be allowed to be built.

President Rattner: I know the County Planning Board is very interested in seeing how that one works out to use as a template.

Mr. Greenbaum: Yes, we wish them luck but, you know, the thought was that if it did happen it would be years down the road. I think… Alex?

Mr. Roman: Are they looking to add another franchise or just expand on the existing franchise?

Mr. Greenbaum: I think they are required by Kia to actually have a separate facility, and I think that ultimately what they are going to have to do is move their Kia dealership to one of their other locations in one of the other Towns where they have facilities. I don’t think they are going to be able to build any time soon. The second meeting of the month related to a cell tower with respect to the recent ordinance that we passed involving already existing facilities. It was just an addition of another carrier to an existing cell site and it was approved.

President Rattner: Board of Adjustment Report.

Board of Adjustment Liaison Report

Mr. Greenbaum: I have been told that there were four resolutions which we discussed. There were no development matters or applications to the Board of Adjustment, and I would assume that that is the last Board of Adjustment Report that is going to be given at the Council level as sad as that sounds.

President Rattner: I think it’s more than just an assumption. I think it’s a statement of fact.

Mr. Greenbaum: I don’t know. Someone might get up next year and talk about something that happened at the Board of Adjustment last year. So it could happen.

President Rattner: That would be a Planning Board Report.

Mrs. Labow: Land Use Board isn’t it?

President Rattner: I’m not sure where we went with the title. Open Space Report, Mrs. Labow?

Open Space Committee Report

Mrs. Labow: Nothing to report.

President Rattner: Legislative Committee Report, Mr. Perkins?

Legislative Committee Report

Mr. Perkins: Yes, thank you, Mr. President. I met with the 24th Legislative District Liaison. Mr. Mania and I had two brief meetings with him. We’re trying to get some update on the status of the bill that’s still in Sub Committee that would permit a municipality to place their legal notices on their website, which may or may not be sufficient to suffice the requirement of posting it in a paid publication. That’s it, Mr. President.

President Rattner: Thank you. Pride Committee Report, Mrs. Labow?

Pride Committee Report

Mrs. Labow: I don’t know if anybody noticed, hopefully you did. The snowflakes are up along Route 46 in the Budd Lake area and I just want to thank Tim Quinn and Jim Lynch who are here this evening for all of their help with the Pride Committee, and having a smoother transition in changing our banners and our holiday decorations. Thank you.

President Rattner: Okay, the Lake Environment…

Mr. Perkins: Board of Education, Mr. President.

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

Board of Education Liaison Report

Mr. Roman: At last night’s meeting Dr. Reynolds gave his first quarter report on his six year plan. He outlined a lot of the plusses and accolades that so far have occurred. In tradition, I guess with our current President, he gave himself an A-. Also, at the meeting, I also would like to report that the Bill List for the Board of Education is now on their website. Hopefully it will be a continuation of…

Mr. Dorsey: Alright. That was a crusade by Mr. Roman.

Mr. Roman: I guess.

Mr. Perkins: You got kudos for that.

Mr. Roman: So I hope, along with putting the Bill List up there that they will also follow suit with this Board and televise their meetings. Some of you might be aware there was a possible rumor of some sort of violence that might have been occurring at the High School this week. I asked, I brought that issue up. I was reassured by Mr. Stansberry, the Principal at the High School, that it was purely a rumor. There was no basis of fact for such. I subsequently asked the Police department if they could send over statistics to find out whether any violence has increased at the High School. Based on the report that I got today by Captain Gardner, it does not appear that there is an increase in violent activity at the High School. I have requested an incident report from the High School regarding those matters that don’t involve the Police department. That is it.

Mr. Tobey: Alex, quick question, the information that the Police provide is based upon, naturally, the information that the Board of Education gives, solely.

Mr. Roman: I would tend to, based on what I’m looking at it would be incidences that require Police action.

Mr. Tobey: Okay.

Mr. Roman: So it could very well be a possibility that one, what’s not listed in this report is fights. The only thing that’s listed on here is assaults which last year in 2008 there were eight assaults, and in 2009 there were six assaults. I would assume that those assaults were items that required Police intervention. Any other assaults that are handled internally are not in their numbers, and I’m sure that some other parents have complained about the possibility of increased violence at the High School. Now whether that’s conjecture or fact, I don’t know as of yet. So I’m waiting to see what they report. It is a troubling fact or troubling to find out that our High School has as many assaults and acts of violence as are occurring. One would think that in an environment like that those things do not happen, but I guess reality being such. I will keep this Board apprised of anything I find out.

President Rattner: Thank you, Mr. Roman. Is that all?

Mr. Roman: That’s it.

Lake/Environment Issues Committee

President Rattner: Okay, Lake Environmental Issues Committee. All I can say is now that I’ll have extra time I found a new charge to go after. It has to do with the lowering of Lake Hopatcong. I also sit, and the Freeholders with their sense of humor, on the Lake Musconetcong Regional Planning Board, but what people don’t realize is when they cut the flow from Lake Hopatcong, Lake Musconetcong actually decreased the level four feet, three feet it went down, another eight inches, but then the flow in the Musconetcong River decreased. Musconetcong, which a couple years ago the federal government felt it was worth saving and designated it Wild and Scenic, but with the flow going down it raises the temperature. In August, Lake Musconetcong had no oxygen in the water at the bottom. That’s why the phosphorous went up. Even more than that and why I started to get involved is that when the flow decreases in the River, and there are four sewer plants on the Musconetcong before it hits the Delaware River, if there’s less water, it could cause a higher level of treatment which could cause additional capital expenditures of those sewer treatment plants and greatly increase the cost of sewer processing. So it’s very important that the flows, you know, you don’t realize the spillover affect, that President Rattner (cont’d): it really does affect us. Hopefully the environment’s trout are unlimited because once the temperature gets up to 70 degrees, trout perishes. Also, the health of the River itself and of the other streams, and that the State keeps coming up with excuses why they screwed up when they let down the River, or let down the Lake. So that is something, probably again, using the Musconetcong Sewerage Authority as the center just like we did a few years ago when they wanted to impress those phosphorous rules that would have, again, increased the cost of sewerage processing by 30%, and put more metals into the environment, which everybody knows they’ve attributed to Alzheimer’s and a lot of other diseases. Okay, Safety Liaison Report, Mr. Perkins?

Safety Committee Liaison

Mr. Perkins: No meeting but I’m sure one is going to come up shortly.

Economic Development Committee Report

President Rattner: Okay, Economic Development Committee met last week over at C.B. Richard Ellis. The Committee, coordinating with Centenary College and the County College of Morris, is looking at putting on a half day seminar some time in April to help local businesses with recruiting and expanding. One piece of information that was actually good news is because there is somebody from C.B. Richard Ellis, that the news that you heard that they are trying to sell the building is really not any different. Their plans aren’t any different than what they’ve had in the past. They bought the building. The building was always up for sale. If they can lease it, they’ll lease it. They’re still looking at the different things that were discussed, I believe, possibly with the Planning Board and the Mayor some time ago. Those things are still in the works and still look promising, and they may have some news on that. I guess what happened was that you know that in Dubai, which they thought was going to default on all of their bonds, C.B. Richard Ellis is the biggest realtor and builder, foreign builder in there, and since they came up with the extra money Abu Dhabi or whatever it was, came up with the $10 billion, maybe they got a little breathing room, but it does look like good news that they are still pressing to try to find whatever they can with the BASF building, which is of utmost importance to the vitality of Mount Olive. Okay, Library Board Liaison, Mr. Tobey?

Library Board Liaison

Mr. Tobey: Everyone should have received a list of accomplishments from the Library Board that they attained this past year. Congratulations to them. They had a great year.

President Rattner: I think they’ve had a great three years since the Mayor basically appointed new people to the Board. They went from constantly crying that they didn’t have enough money, that they were going to have to start closing down to be able to increase their facilities, increasing the number of programs, and have what seems to be a really proficient librarian running the place. So I think all of the congratulations and accolades are deserved to them and Jeska. With that, we come to the final public portion.

Mr. Perkins: No, Senior Citizen, Mr. President.

Mr. Roman: Senior Citizens.

President Rattner: Oh, I’m sorry. Senior Citizen Liaison, Mrs. Labow?

Senior Citizen Liaison

Mrs. Labow: I don’t have anything. Ray, do you?

Mr. Perkins: No.

Mrs. Labow: Thank you. Ray’s got an inside contact there.

PUBLIC PORTION

President Rattner: Now we come to the public portion. Again, anybody can speak to the Council on any issue that interests them. Skateboard parks. Do you like the snow? Do you want us not to plow the snow so you can get another day off from School? This is the place to…

Mrs. Masser: He’s shaking his head yes.

Mr. Roman: Hey, he woke up.

Mr. Mania: Way to go.

Mr. Perkins: Not with that sweatshirt.

President Rattner: Okay, Mr. Kamin.

Dick Kamin, Downstream Drive, Flanders: Best wishes to all of you for 2010. It’s going to be a very difficult year. I don’t think this municipal government and many others have been under the pressure that they will be for budgets and being able to try to deliver services, not only with the economy but with a virtual lack of State Aid and assistance. You can pretty much count on that, but really the reason for my coming up tonight was to, well, this is Council President Steve Rattner’s last public meeting, and I just wanted to again thank you, Steve, for all of your hard work for our community and for our County which you’ve done, your commitment to the details. The knowledge that you have of not only Mount Olive but of so many organizations that you’ve been a part of. He’s been instrumental in the successes and the changes that have happened in Mount Olive for the best. A personal thank you and appreciation.

President Rattner: Thank you very much. Anybody else from the public who would like to address the Council at this time? We’ll go into final comments. We do have an executive session tonight to discuss a couple of different issues. There will be no action taken when we come out other than to adjourn, and the Minutes of this executive session will be made available as soon as possible when the issue is resolved or can be made public. So with that, we’ll go to final Council comments for the year. Mr. Mania?

COUNCIL COMMENTS

Mr. Mania: I would just like to thank you, Steve, for your many years of dedicated service to the municipality, and I would also like to wish everyone a Merry Christmas, Happy Hanukkah, and Happy New Year.

President Rattner: Thank you. Mr. Greenbaum?

Mr. Greenbaum: I’ll just adopt John’s comments as my own. They sounded good. Good luck to you, Steve.

President Rattner: Mr. Tobey?

Mr. Tobey: Steve, congratulations and thank you.

President Rattner: I lost an election. It’s not congratulations.

Mr. Tobey: No, on your years of service.

President Rattner: Mr. Perkins?

Mr. Perkins: Thank you, Mr. President. I, too, would like to thank you, Steve, for everything you’ve done. Quite frankly, you’re one of the pioneers for the anti-phosphorous dumping. I noticed that some of the other, Channel 12 and the news on there with other municipalities, have said that they are the pioneers in passing the anti-phosphorous. We here in Mount Olive Township know that a year and a half ago, President Rattner proactively pushed for that ordinance to prevent the use of phosphorous. Steve, for that we’re going to miss you. There’s quite a bit that you have done for us. Everybody in the audience, thank you for attending. All of my colleagues up here on the dais, I wish everybody a very Happy Christmas, and a good New Year. Be safe. Thank you.

President Rattner: Mr. Roman?

Mr. Roman: I’d also like to ditto previous comments. Steve, thank you very much for your guidance. I do expect to get some more advice from you along the way. Merry Christmas everybody and Happy New Year.

President Rattner: Mrs. Labow?

Mrs. Labow: Steve, I just want to say thank you for everything. Not only are you a fantastic Councilman, you are also a very loyal, dear friend and I’m sure our friendship will continue for many years to come and thank you for everything. Happy Holidays and everyone have a very healthy, prosperous New Year.

President Rattner: As you heard, this is my last meeting. I’m usually a person of a lot of words and tonight should be no different. I just want to say that it has been an honor to serve the citizens of Mount Olive for greater than two decades. While the faces change and different situations arise, the work of representing the Township remains the same, providing a safe and enjoyable and affordable place to live. At the last meeting I mentioned the Council members that were here when I joined the Council 22 years ago, but there are others that sit up here and do the business of the Council. I’ve served with the Mayors from Charlie to Dave, Business Administrators from Hill to Bill, CFO’s from Monica to Sherry. The only constants have been a Lashway and a Dorsey. They were here before I got here and they are still here, but in all seriousness it has been a pleasure. A lot of times you see us argue, sometimes fiercely up here. It’s because we have different positions, different biases, and different life experiences and we all think we know all of the answers. That’s why we have seven of us up here, to get the different facts, to evaluate them and then we take a vote and that’s the way it works. Just because we may disagree it doesn’t reflect on the person, and if you stand your ground that actually can be good because you’re committed. I also must acknowledge all the Township employees who are dedicated, whose dedicated loyal service is as good as it gets. We have some of the best employees who go the extra mile. We probably have a disproportionate share of employees including our Police and our Public Works that live in Town. They have a vested interest. The employees are also your neighbors and they want to do a good job, and you know that they are always accessible. When you bring up an idea to them they bring it back. So, with that, it’s been an honor working for those employees, because regardless of what we do up here, it’s the execution and it’s the employees that make us look good, because when something works it wasn’t because we got out there with a shovel, or we got out there with a pipe cutter or a truck. It was because the employees did the work. There have been a lot of changes in Mount Olive since I joined the Council. A lot of good, not everything works out the way you expect. We now have Recreation Utilities so our Recreation department is assured funding year after year. We’ve built a beautiful Library, probably the best in the area. We have this municipal complex. Turkey Brook Park wasn’t even a glimmer in somebody’s eye at the time I came on. We had no open space. The ITC came in. They are having rough times right now with the economy like everybody else. They’ve probably paid $25 or $30 million in taxes at least in the past, and in the future, they’re going to grow again because it’s a perfect location. One of the big things that I remember and the way I got involved with politics is when we defeated the incinerator that they wanted to build on Gold Mine Road, one of the highest points in Mount Olive. Three hundred foot stacks billowing smoke 24 hours a day would not have been something we would have been proud of, and that was defeated with a lot of people and a lot of citizens, and a lot of those citizens including people like the Mayor who ended up here, and Bill Sohl who is an employee. We have Public Works Utilities, the Water & Sewer, which assured that the water and sewer work a lot more efficiently. Of course, the big project that I think really changed the area was the sewering of Budd Lake that most people thought was impossible, which in turn made your houses a lot easier to sell and provided a clear and more beautiful Lake. I figured I put in a minimum of 17,000 hours and hopefully they were productive, and I like to think that I was right at least a majority of the time. Of course, there are always times that you see votes that you wonder, “How did I do that?” or “I wish I could take that back.” Projects that we started that maybe we shouldn’t, but hindsight is always 20/20. One story that I remember that was pretty good when I first got elected, actually, Bill Sohl and I got elected for the first time together 22 years ago. I think he knew what he got himself into. I think we got sworn in, you ran away. You were half way around the world hiding in Australia, right? But what happened 15 days later was even better. The Sheriff’s Office stopped at both his house and my house and delivered a subpoena saying that we were being sued for $15 million. It had to do with the Mary Hopler tract. Mr. Sohl called my wife right away and said they’re quitting right now, because we didn’t know what it meant. All we knew was we got this thing, you know, for $1.20 an hour we’re getting sued for $15 million. Anyway, there are some other things, you know, 20 years ago the Town population was only 60% of what it is now. A couple of different numbers, let’s talk about what we do extraordinarily well. The collection rate when I got on the Council, and it was normal, was around 95%. The collection rate for the last ten years has been around 98%. That’s important because when you collect the taxes everybody has to pay their fair share. Those 3% or 5% don’t pay and everybody has to make up the difference and that is a big hit on the budget. The other was a decision we made which we took a lot of heat on was when we reorganized the Sanitation department. An interesting number is that the people who lived in the same house that they did back in 1989, ’88 or ’89, are paying about the same today or slightly less for garbage pickup than they were then. That’s something when they say government can’t do anything efficiently. In fact, the total tax levy for the Sanitation district in 1987 was just about the same in 2008. So there are certain things. Government isn’t like Sears or a department store. We don’t have a choice on a lot of things that we’re going to do. We don’t have a choice on what services we’re going to provide, or whether they make money or not. We can’t look at things of value. We can’t decide not to service a street like the cable company can because there’s three houses in four miles. You live on a street like that we have to plow the road at whatever cost it is. So, with that, all I can say is I thank the public again. I thank all of the Council members, including the one’s that are up here today, and all of the Mayors and all of the directors that I have worked with, because I think we’ve made Mount Olive a pretty good Town. As Mr. Kamin mentioned, things aren’t getting easier. The problems are getting tougher. They’re getting more expensive. A lot of times the regulations get more burdensome, but it’s the people up here, and it may not always be popular and the public may not understand, but you have to make those hard President Rattner (cont’d): decisions and you have to keep the Town running. With that, I say ado. Thank you for the memories and now I’ll take a motion to adjourn.

Mrs. Labow: So moved.

Mr. Perkins: Point of order, Mr. President.

Mr. Dorsey: Executive session.

Mr. Perkins: We need to move into executive session.

President Rattner: So with that, Mr. Perkins, you’re our resident expert for Section 7 & 8.

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 for the reasons of Combe Fill North and Mount Olive Complex discussions.

Mrs. Labow: Second.

Mr. Dorsey: And ARD tax appeals.

Mr. Perkins: And ARD tax appeals.

President Rattner: All in favor?

AYE

President Rattner: And as we said, we take no other action when we come out. Thank you.

Executive Session – Open Space Negotiations
• Combe Fill North
• Mt. Olive Complex

ADJOURNMENT

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

_________________________________
Phil Tobey, 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 January 19, 2010.

_________________________________
Lisa Lashway, Township Clerk

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