Township Council Public Meeting Minutes - December 23, 2008

The Public Meeting of the Mount Olive Township Council was called to Order at 8:14 pm by President Perkins with the Pledge of Allegiance.
PLEDGE OF ALLEGIANCE & MOMENT OF REFLECTION

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. Roman, Mrs. Labow, Mr. Tepper, Mr. Greenbaum, Mr. Rattner, Mr. Perkins, Mr. Tobey

Absent: none

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

Questions on Bill List?

President Perkins: That takes us to Questions on the Bill List. Does anyone from the Council have anything that they would like to question on the Bill List? Everybody got that last page, page 1, the supplement? That takes us to the Approval of Minutes of Previous Meetings. Mr. Tobey, would you move those, please?

APPROVAL OF MINUTES OF PREVIOUS MEETINGS

Mr. Tobey: Yes, I move for approval of:

Dec. 9, 2008 WS & PM – All present

Mrs. Rattner: Second.

President Perkins: Council comments, corrections, questions? Seeing none, Roll Call.

ROLL CALL – Passed Unanimously

CORRESPONDENCE

LETTERS FROM RESIDENTS/ORGANIZATIONS

1. Letter received December 8, 2008, from Rullo & Gleeson Associates, Inc. regarding the New Jersey Worker and Community Right to Know Law, a complete inventory of hazardous products, and a Listing of Hazardous Substances. PDF Correspondence

2. Email received December 8, 2008, from Sandy Julian regarding her opposition to the trapping of local beavers. PDF Correspondence

3. Letter received December 8, 2008, from the Mount Olive Area Chamber of Commerce regarding an Annual Holiday Dinner and Installation of Officers. PDF Correspondence

4. E-mail received December 8, 2008, from Glenn Miller regarding Beavers and Manor House Road. PDF Correspondence

5. E-mail received December 9, 2008, from Stephen Goldman regarding Flooding between Route 46 and Manor House Road. PDF Correspondence

RESOLUTIONS / ORDINANCES / CORRESPONDENCE OTHER TOWNS

6. Letter received December 10, 2008, from Christopher Raths, Township Manager, Roxbury regarding a house fire at 341 Berkshire Valley. PDF Correspondence

7. Notice received December 11, 2008, from the Borough of Netcong regarding a public hearing on the proposed Third Round Housing Element and Fair Share Plan. PDF Correspondence

8. Resolution received December 18, 2008, from Jefferson Township regarding Opposition to a Water Rate Increase. PDF Correspondence
DOT / DEP / LOI / HIGHLANDS

9. Letter received December 8, 2008, from the State of New Jersey Department of Environmental Protection regarding the Ciel West Lake Properties, LLC. PDF Correspondence

10. Letter received December 10, 2008, from the State of New Jersey Department of Environmental Protection regarding the Farooq Subdivision, 4 Thirty First Street. PDF Correspondence

11. Letter received December 12, 2008, from Applied Earth Solutions Inc. regarding a Biennial Ground Water Classification Exception Area (CEA) Certifications for Flanders Sunoco, 236 Route 206, Flanders. PDF Correspondence

12. Letter received December 15, 2008, from the State of New Jersey Department of Environmental Protection regarding Kindercare Learning Center (7 Naughright Road, Hackettstown) and a NJDEP Child Care Facility Approval Letter. PDF Correspondence

13. Letter received December 18, 2008, from Day Pitney regarding New Jersey CVS Pharmacy, LLC. PDF Correspondence

14. Letter received December 19, 2008, from the State of New Jersey, Department of Environmental Protection regarding a no further action letter and covenant not to sue for 19 Jefferson Drive. PDF Correspondence

LEAGUE OF MUNICIPALITIES

15. Email received December 5, 2008, from the State of New Jersey, League of Municipalities regarding a Seminar Cancellation. PDF Correspondence

16. Email received December 10, 2008, from State of New Jersey, League of Municipalities regarding Federal Efforts on Economic Recovery and S-7 Hearing Tomorrow (Pension Payment Deferral). PDF Correspondence

17. Email received December 11, 2008, from State of New Jersey, League of Municipalities regarding and Event for March 13, 2009, and S-7 (Pension Payment Deferral Option) Advances. PDF Correspondence

18. Email received December 12, 2008, from State of New Jersey, League of Municipalities regarding REVISED - Event for March 13, 2009. PDF Correspondence

19. Email received December 12, 2008, from State of New Jersey, League of Municipalities regarding Census Preparation Begins Today. PDF Correspondence

20. Letter received December 15, 2008, from State of New Jersey, League of Municipalities regarding Conference Handouts and Presentations. PDF Correspondence

21. E-mail received December 16, 2008, from State of New Jersey, League of Municipalities regarding Pension Payment Deferral Option. PDF Correspondence

22. E-mail received December 16, 2008, from the State of New Jersey, League of Municipalities regarding Municipal Stimulus Package Survey and League Launches New Homepage. PDF Correspondence

23. E-mail received December 16, 2008, from State of New Jersey, League of Municipalities regarding Traffic Control Initiatives, Energy Savings Improvement Program, Direct Appeal to Tax Court, and Lifetime Survivor Benefits. PDF Correspondence

24. Email received December 17, 2008, from the State of New Jersey, League of Municipalities regarding Police and Fire Labor Data Service. PDF Correspondence

25. Email received December 18, 2008, from the from the State of New Jersey, League of Municipalities regarding Request for Emergency COAH Action on Arbitrary December 31 Deadline and S-7 Pension Deferral. PDF Correspondence

UTILITIES

26. Fax received December 9, 2008, from Comcast regarding Channel Changes. PDF Correspondence

27. Letter received December 15, 2008, from Cozen & O’Connor regarding a petition of New Jersey American Water Company for Authorization to Implement a Distribution System Improvement Charge “DSIC.” PDF Correspondence

DCA

28. E-mail received December 9, 2008, from the Department of Community Affairs regarding the Government Connect Update on Local Finance Notice 2008-23, Pension Contribution Deferral, 2008 Fire District Budget Workshop, COAH, Local Finance Notice 2008-20, Local Public Contracts Law Program, and Contract Award Notification. PDF Correspondence

29. Email received December 10, 2008, from the Department of Community Affairs regarding COAH’s Proposed Rule Amendment. PDF Correspondence

SCMUA

30. Resolution received December 8, 2008, from the Sussex County Municipal Utilities Authority Revising the Solid Waste Facilities FY2009 Schedule of Rates, Fees, and Charges (Amendment No. 2.) PDF Correspondence

MSA

31. Minutes received December 8, 2008, from the Musconetcong Sewerage Authority regarding their regular meeting of November 5, 2008. PDF Correspondence

TORT

32. Claim received December 8, 2008, from Scott J. Marum, Esq. regarding an accident on September 27, 2006. PDF Correspondence

LETTERS FROM LEGISLATIVE REPRESENTATIVES

33. Email received December 5, 2008, from Rep. Rodney P. Frelinghuysen regarding Big 3 Automakers Testify Before Congress, Frelinghuysen Meets with New Seasons Assisted Living, Visits Novartis Food Drive, More Accolades for Picatinny Arsenal, Capitol Visitors Center Opens, and Spread the e-News. PDF Correspondence

34. Email received December 12, 2008, from Rep. Rodney P. Frelinghuysen regarding Frelinghuysen Supports Auto Jobs Legislation, Congress Provides Relief for Older Americans, Welcomes FAA Court Ruling, Medicare Part B Open Enrollment, Frelinghuysen Praises President-Elect Obama for Choice of Veterans Affairs Secretary, and Spread the e-News. PDF Correspondence

COAH

35. Letter received December 19, 2008, from the State of New Jersey, Council on Affordable Housing regarding a waiver of COAH rules to authorize expenditure from Mount Olive Township’s Affordable Housing Trust Fund, for the Newbridge Services funding request for 44 Gold Mine Road. PDF Correspondence

President Perkins: That takes us to Correspondence. We have 35 pieces of Correspondence. Does any Councilmember wish to discuss any piece of Correspondence? Seeing none, I’ll take a motion to accept the Correspondence.

Mr. Tepper: So moved.

Mr. Rattner: Second.

President Perkins: All in favor?

AYE

President Perkins: Correspondence is accepted. There are no Ordinances for Public Hearing. There are no Ordinances for First Reading. That takes us to the Consent Resolutions Agenda.

ORDINANCES 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 to Cancel Taxes on Block 5300, Lot 8.01 and Block 5201, Lot 10 & 10QFarm.

2. Resolution of the Township Council of the Township of Mount Olive Authorizing the Transfer of Unexpended Storm Control Appropriations to the Accumulated Snow Trust Fund.

3. Resolution of the Township Council of the Township of Mount Olive Authorizing the Cancellation of 2008 Appropriations for Various Funds.

4. Resolution of the Township Council of the Township of Mount Olive Authorizing the Cancellation of Various Grant Balances.

5. Resolution of the Township Council of the Township of Mount Olive Authorizing the Cancellation of Various Ordinance Balances.

6. Resolution of the Township Council of the Township of Mount Olive Awarding a Contract to Jet-Vac, Inc. for (1) Portable TV Inspection System with Multi-Conductor Cable for 8” to 36” Diameter Pipelines.

7. Resolution of the Township Council of the Township of Mount Olive Authorizing the Person-to-Person and Place-to-Place Transfer of Alcoholic Beverage License No. 1427-33-021-007 Alpha Centauri, Inc. to Joseph Azzolino (Previously Known as the BrewHaHa).

8. Resolution of the Township Council of the Township of Mount Olive Endorsing Assembly Bill A-3570.

9. Resolution of the Township Council of the Township of Mount Olive RE: Notice of Intent to Petition the Highlands Council for Plan Conformance.

10. Resolution of the Township Council of the Township of Mount Olive Seeking an Extension of the Deadline to Petition for Substantive Certification Pursuant to Executive Order 114 and the Memorandum of Understanding Between the Highlands Council and the Council on Affordable Housing.

11. Resolution of the Township Council of the Township of Mount Olive Reappointing Steven Rattner as a Member to the Musconetcong Sewerage Authority.

President Perkins: Mr. Rattner, which one did you want removed?

Mr. Rattner: Number 9.

President Perkins: Any other Councilmember on any other one? Seeing none, thank you, Mr. Rattner. Would you move Consent Resolutions numbers 1 through 8 and 10 and 11?

Mrs. Labow: What about the other ones that we had?

Mr. Tepper: Excuse me, point of order, Mr. Chairman.

President Perkins: Oh, I’m sorry.

Mrs. Labow: 12, 13, 14 and 15.

Mr. Tepper: If you do number 9, don’t you also have to do 10? How can you approve 10 if you make a decision not to approve 9?

Mr. Rattner: I’m going to vote for it, I just want to make a statement.

President Perkins: You don’t want to just make a brief clarifying statement, Mr. Rattner, very brief, and we’ll leave it on Consent?

Mr. Rattner: Okay, well, yes, okay. I’ll do it that way then.

President Perkins: Leave it on Consent, okay.

Mr. Rattner: So then… Well, don’t we usually, those, the retirement, the ones that we added, do that separately? We put that usually on Non Consent.

President Perkins: We can put those on Non Consent. That’s where we had the others, too.

Mr. Rattner: Yes, so it is…

President Perkins: 1 through 11.

Mr. Rattner: I’ll move Consent Agenda items number 1 through 11.

Mrs. Labow: Second.

COUNCIL COMMENTS ON CONSENT RESOLUTIONS

President Perkins: Council comments? Mr. Rattner.

Mr. Rattner: With number 9, the intent to petition the Highlands Council for Plan Conformance, I spoke against it. There was also a lot of talk around the County that a lot of other towns were going to do the same thing. The issue that we have a concern about is that even though it is non-binding, it is intent to consent. We can supposedly revoke it. The DEP and the State has told us that before. The most recent was the State plan. The State plan is a planning tool. It’s to help you and as soon as that was socialized, the DEP was ordered to issue permits only based on the State plan. My fear, and the fear of a lot of other people, in fact you’ve heard some radio commercials from a possible candidate for Governor who has jumped on the bandwagon, is the fact that once you have a lot, most of the towns say, “Okay, we intend to support the Highlands Council Plan for Conformance,” the DEP will start imposing and start setting the new regulations based on that, not ever worrying about whether everyone actually conforms. I do understand that one of the benefits of doing this is that we do get a certain amount of funds, even though for us it’s very little, to use toward our Master Plan analysis to see how it effects specifically our COAH allocation, which is another issue. So I will support it. I’m just still worried about it and I think we have to watch it because the State has pulled this bait and switch before. Thank you, Mr. President.

PUBLIC PORTION ON CONSENT RESOLUTIONS

President Perkins: Does anyone from the public wish to make any statements on those Consent Resolutions numbers 1 through 11? Seeing none, I close it to the public. That was a brief clarifying statement from Mr. Rattner.

Mr. Rattner: I asked to take it off and put it separate.

President Perkins: Thank you, Mr. Rattner. Roll Call, please.

ROLL CALL – Passed Unanimously

RESOLUTIONS NON CONSENT

President Perkins: That takes us to the Non Consent Resolutions. We have Non Consent numbers 12, 13, 14, 15, 16 and 17. Mr. Roman, can you move those please?

Mr. Roman: I move for approval of Non Consent Resolutions 12, 13…

Mrs. Labow: Through 17.

Mr. Roman: Through 17.

Mr. Greenbaum: Don’t we do them one at a time?

Mr. Rattner: That’s what Non Consent means.

Mrs. Labow: …do them one at a time.

President Perkins: Can I have a second?

Mrs. Labow: Second.

PUBLIC PORTION ON INDIVIDUAL RESOLUTIONS

President Perkins: Does anyone from the public wish to be heard on any one of those individual resolutions?

Mr. Tepper: Don’t we have to do these one at a time?

Mrs. Labow: Yes, right now it’s just number 12.

Mr. Greenbaum: You have to do them one at a time.

Mr. Dorsey: You don’t have to.

President Perkins: We don’t have to do them one at a time.

Mr. Greenbaum: Okay, alright.

Mrs. Lashway: We’ll just take a vote on each one.

Mr. Sohl: Don’t forget you’ve got to kill one of the…

President Perkins: Okay, resolution number 12 is:

12. Resolution of the Township Council of the Township of Mount Olive Authorizing the Mayor and Administration to Negotiate a Contract with Hospital-Based EMT Service.

President Perkins: Anyone from the public wish to be heard on that resolution? Seeing none, I close it to the public. Any Council comments or questions? Mr. Tepper.

Mr. Tepper: Is this to put out a bid where people will be able to do it? Or are we saying we’ve selected a specific hospital at this point and we’re going to negotiate a contract?

Mr. Sohl: It will be done by a bid.

President Perkins: It will be a bid.

Mr. Tepper: Thank you.

President Perkins: Mr. Rattner.

Mr. Rattner: Obviously, this has been a very difficult time for us up here, the different squads, and everybody involved, talking to other towns, what we experienced. Some of the discussions are similar to what everybody has had, and the implementation is just as difficult. So it’s just something that’s out there. One of the things that I want to make sure when we put this together is that a representative of each one of the first aid squads is involved. They’re the ones who have been working day to day. They know what the issues are. They know where the shortfalls are, because the one thing that we want to make sure is when we go forward that we can also learn from the other towns. Every town I talk to most of them are happy, well, all of them no matter which way they went, whether they went for paid, whether they went for hospital based. They’ll tell you about the difficulties they had and some of them how many years it took to straighten it out. I think we can learn from that. I think by having also a representative from each one of the squads on there, they’ll also talk to them and we can make sure that when we go out to bid, and I hope it’s only for one year so we can see how it’s working and have time to look at other methods if it isn’t doing exactly what we thought. We have to get everything down exactly what we expect. We have the performance criteria and everything down so we don’t end up with the same problems that some of the other towns have. In other words, we don’t have to reinvent the wheel is basically what I’m saying.

Mr. Sohl: Steve, I couldn’t agree more. I mean, there’s no way I’m going to do that in a vacuum.

Mr. Rattner: I just want to make sure that we get it down.

Mr. Sohl: Absolutely.

Mr. Rattner: I mean, we all agree that we have to do something to serve the public. As I’ve always said, and all of us said here, when you dial 911 every resident expects and deserves to have the best trained, the best equipped there immediately. That’s all that really counts. Everything else is academic. Thank you.

President Perkins: Thank you. Anyone else from the Council? I have to opine on this. It’s been a year and a half since I’ve been involved, I guess, with the Public Safety Committee. I was instrumental in getting the resolution that formally recognized that Safety Committee put together last year. Prior to that, sitting on the Safety Committee, I’ve had meetings with both Flanders and Budd Lake. We started off with Flanders Fire Station. We had subsequent other meetings. Everyone from I believe both of the squads, and I know from Budd Lake, has gone and tried everything. I remember the combination access to the doors and how we might be able to get that working together with the Business Administrator, trying to solicit help from the employees here to respond to calls. In today’s world it’s getting harder and harder to find a volunteer, especially during the day. Right now, I see people that if they are lucky enough to still be working are working at jobs that they probably don’t really want to have, and they’re not necessarily working anywhere even close to Mount Olive. Some of them are traveling and spending more in gas than they’re bringing home, but at least they have a job. This may be a short-term fix. I would sincerely hope that as time goes on that we’re able to group up, get more volunteers, get more people trained, and look at some different system. If we can’t work together, we’re all under Mount Olive. We’ve always said that regardless of whether it says Flanders on the truck or Budd Lake on the truck. It is Mount Olive. You come to the Mount Olive Township Council. That’s who awards your funding from your budgets. You don’t come and say, “I want my portion for Flanders or I want my portion for Budd Lake.” I made, my family, a sizable donation to the squad last year. Ironically enough when I was in one accident many years ago, I received a bill from an ambulance service for $600 and some odd dollars, and that was back in the 70s. So however that is going to work out, should the Council wish to vote in the affirmative and go that way, it’s going to be up to the residents that are utilizing that service and their insurance to pay for it. I would hope that these squads continue to support whatever action is taken, and that they will continue to work as a Township organization, continue to be productive, and bring recommendations and different ways. We need to think out of the box. I surely don’t want anybody’s family to dial 911 and wait a half an hour for somebody to respond because they couldn’t make it for one reason or another. With that, I will ask for a vote, please.

ROLL CALL – Passed Unanimously

President Perkins: We will then cancel resolution number 13, entitled:

13. Resolution of the Township Council of the Township of Mount Olive Authorizing the Mayor and Administration to Negotiate Contract(s) and/or Agreements to Establish a Weekday Stipend Based EMT Service.

President Perkins: That takes us now to resolution number 14, entitled:

14. Resolution of The Township Council Of The Township Of Mount Olive Commending Katrina Duffy On Her Retirement From Mount Olive Township.

President Perkins: Mrs. Labow, would you move that?

Mrs. Labow: Yes, I move for approval of…

Mr. Roman: 14, Non Consent.

President Perkins: Non Consent number 14.

Mrs. Labow: Non Consent Resolution number 14.

President Perkins: Does anyone from the public wish to be heard on Non Consent number 14?

Mrs. Lashway: Who is the second?

President Perkins: Did we get a second?

Mr. Tobey: Second.

President Perkins: Thank you, Mr. Tobey. Anyone from the public?

From the audience: Happy Holidays.

Mr. Roman: Merry Christmas.

Mrs. Labow: Merry Christmas, Happy New Year.

ROLL CALL – Passed Unanimously

President Perkins: Mr. Tobey, would you move number 15 for the Resolution commending Louis Legora on his retirement?

Mr. Tobey: Yes, I move Non Consent Resolution number 15.

15. Resolution of The Township Council Of The Township Of Mount Olive Commending Louis Legora On His Retirement From Mount Olive Township

President Perkins: Second?

Mr. Roman: Second.

President Perkins: Thank you. Anyone from the public wish to be heard? Seeing none, I close it to the public. Council comments? Roll Call.

ROLL CALL – Passed Unanimously

President Perkins: That takes us to Non Consent Resolution number 16, entitled:

16. Resolution of The Township Council Of The Township Of Mount Olive Commending Nicholas Parisi On His Retirement From Mount Olive Township

President Perkins: Mr. Roman, would you move that, please?

Mr. Roman: I move Non Consent Resolution number 16 for approval.

Mrs. Labow: Second.

President Perkins: Thank you. Anyone from the public wish to be heard on that? Seeing none, I close it to the public. Council comments? None. Roll Call, please.

ROLL CALL – Passed Unanimously

President Perkins: That takes us to Non Consent Resolution number 17, entitled:

17. Resolution of the Township Council Of The Township Of Mount Olive Authorizing a Resolution of the Case of Foote v. the Township of Mount Olive.

President Perkins: Mr. Rattner, would you move that, but I need you to amend the second “Whereas” in the second sentence after it says, “that it would.” Would you add the word “not”?

Mr. Rattner: Which word?

President Perkins: “That it would not hold the Township…”

Mr. Dorsey: “…would not hold the Township harmless.”

Mr. Rattner: Okay, so, do I move it first and then make the change, or just move it with the change in it?

President Perkins: Move it changed.

Mr. Rattner: Okay, I move the Resolution of the Township Council of The Township of Mount Olive Authorizing a Resolution of the Case of Foote v. the Township of Mount Olive. The second “Whereas” has been amended to read, “Whereas that litigation has been ongoing and recently the Fire Department has persuaded the Township that it would not hold the Township harmless and indemnify it in connection with this action…”

President Perkins: Thank you. Do I have a second?

Mr. Roman: Second.

President Perkins: Mr. Greenbaum.

COUNCIL COMMENTS ON INDIVIDUAL RESOLUTIONS

Mr. Greenbaum: I don’t know if it’s appropriate to amend this motion to require additional language, John, requiring the fire and rescue squads from this point forward to obtain insurance naming the Township as…

Mr. Dorsey: I think, no, you asked me to write an opinion letter. I write the opinion letter after I do that. Maybe you got the separate resolution requiring that…

Mr. Greenbaum: Separate resolution, okay, before the Administration sends something out. That’s fine. Then I withdraw it.

President Perkins: Thank you. Any other Council comments? Anyone from the public? Name and address for the record.

Robert Sheard, Asst. Chief, Budd Lake Fire Department: Merry Christmas. My only question is how the $17,500 amount is determined? Is it just a…

Mr. Dorsey: A negotiation between the defense attorney and Foote’s attorney.

Mr. Sheard: Okay, thank you very much.

Mr. Dorsey: Of course Sherry’s going to take it out of my legal budget, but that’s alright.

President Perkins: That’s alright.

Mayor Scapicchio: He’s never going to forget that.

Mr. Dorsey: That’s the way she treats me.

Mr. Rattner: She told him.

President Perkins: Any other Council comments? Seeing none, Roll Call, please?

ROLL CALL – Passed with the exception Mr. Tepper abstained.

MOTIONS

President Perkins: That takes us on to Motions. Mrs. Labow, would you move the raffle applications, please?

Mrs. Labow: Yes, thank you, Mr. President. I’d like to move for approval of Raffle Application #2288, #2289, #2290 & #2291 for Mt. Olive High School Parents Club. I just want to say I am no longer involved in that organization so I can do that. My son graduated. Also, Raffle Application #2292 for PTA Flanders and Raffle Application #2293 for Northern Elite Wildcats Spirit Booster Club.

1. Approval of Raffle Application #2288, #2289, #2290 & #2291 for Mt. Olive High School Parents Club, *Raffle Application #2292 for PTA Flanders and Raffle Application #2293 for Northern Elite Wildcats Spirit Booster Club.

President Perkins: Do I have a second?

Mr. Tobey: Second.

President Perkins: Thank you. Comments? Roll Call.

ROLL CALL – Passed with the exception Mr. Roman abstained from Raffle Application #2293

President Perkins: Mr. Tepper, would you move the Bill List, please?

Mr. Tepper: Yes, Mr. President, I move for approval of the Bill List as submitted.

2. Bill List.

Mr. Greenbaum: Second.

President Perkins: Any comments or questions? None. Roll Call, please.

Mrs. Lashway: And the additional Bill List that you got today on the November dog report.

Mr. Tepper: Including the supplemental.

President Perkins: For the dogs.

Mr. Rattner: Second.

President Perkins: Thank you, Roll Call.

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

ADMINISTRATIVE MATTERS

President Perkins: That takes us to Administrative Matters. Mr. Sohl?

Mr. Sohl: I just wish everybody a happy holiday, Merry Christmas, Happy Hanukkah, Happy Kwanza and the list goes on.

Mr. Roman: Why did you look at me when you said Happy Kwanza?
Mr. Sohl: I was actually looking at Colleen. No…

Mr. Tepper: He thought it was appropriate.

President Perkins: Bill, do you have a, how have you been making out with NJ Clean Energy?

Mr. Sohl: We filed the paperwork with the T… I always get the acronym…

President Perkins: TRC.

Mr. Sohl: TCR or TRC, we’re waiting for them to get back to us. The next step would be the defined scope, which is really kind of a boiler plate that they provide. Once we’ve got that then we go to the five companies that are approved because they all have to get quotes. I have, we have four buildings that we put in for, and one of them is the Library. I spoke to the Library, Council President. I believe it was right after the last meeting we had. She indicated a desire. What we will get back is individual building quotes and we will be able, if the Library decides to opt-out at that point for whatever reason, it won’t affect the going forward with the other three.

Mrs. Labow: Oh, good.

President Perkins: Excellent.

Mrs. Labow: Very good, excellent.

President Perkins: Thank you, Bill.

Mr. Sohl: I do expect the number to come in higher than the $15,000 though. It’s based on the State program requiring more things to happen as we were informed by Metro some months back.

President Perkins: Again, I would expect the number to come… The only thing I would have to do is look at the RFP that was originally put out to what this RFP is, because I don’t know what that last price was based upon. I haven’t a clue.

Mr. Sohl: We’ll find out.

President Perkins: If I’m looking apples to apples and it comes out higher, as long as I’m getting 75% of it back it might not be bad.

Mr. Sohl: No, I understand that but we still have to fund that up front.

President Perkins: Yes, of course. We’ve got to fund it this year up front, too. Alright, Old Business. Any Old Business? Any New Business? Any Legal Matters?

OLD BUSINESS - none

NEW BUSINESS – none

LEGAL MATTERS

Mr. Dorsey: No Legal Matters. I would just thank everybody for another fine year serving you. I wish you all a Merry Christmas, Happy New Year and commend the Council President on a fine year.

President Perkins: Thank you, Mr. Dorsey. That takes us to Council Reports. Recreation Liaison, Mr. Roman.

COUNCIL REPORTS

Recreation Liaison Report

Mr. Roman: Nothing to report.

President Perkins: Thank you. Board of Health, Mrs. Labow?

Board of Health Report

Mrs. Labow: Yes, we had our meeting this past Wednesday, closing out the end of the year. I’m happy to report that our dog license, actually, dogs licensed in the Township is an extremely high number. It’s never been that high before. We’re bringing in a lot of revenue from that direction. We attribute that to the fact that we’ve been able to have a full staff of census takers for two years in a row. We’re also very happy that we have re-signed with Mount Arlington and Netcong for the Health Services. It’s working out very well. It’s been an honor serving with the Board of Health.

President Perkins: Thank you. Planning Board, Mr. Tepper.

Planning Board Report

Mr. Tepper: Planning Board cancelled its meeting for this week.

President Perkins: Thank you. Board of Adjustment, Mr. Roman.

Board of Adjustment Liaison Report

Mr. Roman: Nothing to report.

President Perkins: Thank you. Open Space, Mrs. Labow.

Open Space Committee Report

Mrs. Labow: We had a very brief meeting two weeks ago just wrapping up some year end things, and waiting for the final, well, the preliminary, actually, for the trail plan throughout the Township. That’s about it.

President Perkins: Thank you. Legislative Committee, Mr. Rattner.

Legislative Committee Report

Mr. Rattner: Nothing to report.

President Perkins: Pride Committee, Mrs. Labow.

Pride Committee Liaison Report

Mrs. Labow: Pride Committee is very excited. We have the snowflakes up and our banners up. We did hire a company to install those items. Actually, some of the Pride Committee members are looking to possibly purchase some leftover materials from Hackettstown. They’re looking into that for next year and are also in contact with JCP&L to see if they have any programs where they can install the canisters on the poles to put additional lighted decorations up. I’ll have more on that coming up in the next couple of months. That’s about it.

President Perkins: Perfect, thank you. Board of Education, Mr. Tobey.

Board of Education Liaison Report

Mr. Tobey: Nothing to report.

President Perkins: I sent an email back to the Chronicle to Claire. I read, somebody told me I should read, I think somebody copied it in an email from the Chronicle, where supposedly Mr. Mark Werner had been in contact with both the Council President and Vice President and did not get a return call. Nothing could be further from the truth. Mr. Tobey did contact the Clerk who contacted me and gave me all three numbers. I did speak to Mr. Werner and then conferred with the Township Attorney. I also spoke with Mr. Tepper, who I had President Perkins (cont’d): asked to accompany me should Mr. Werner come back to me with a date. I called Mr. Werner on December 10th and I didn’t get any return calls. So nine days later he makes a statement in the paper that no one returned a call is false. That should, anyone reads the record, that’s great. Lake Environmental Issues, Mr. Rattner.

Lake/Environment Issues Committee

Mr. Rattner: We had to cancel our fourth quarter meeting due to environmental issues, a little bit of snow.

President Perkins: Okay. Safety Committee, Mr. Greenbaum?

Safety Committee Liaison

Mr. Greenbaum: No report.

President Perkins: Thank you. Finance, Mr. Rattner. Nothing?

Finance Committee Report

Mr. Rattner: Nothing to report.

President Perkins: Economic Development?

Economic Development Committee Report

Mr. Rattner: Nothing to report.

President Perkins: Solid Waste, Mrs. Labow.

Solid Waste Advisory Committee Report

Mrs. Labow: We didn’t have a meeting but I don’t know how many people received the recycling letter in the mail this week. I think that Tim’s department did an excellent job on that. It was very informative.

Mr. Roman: Oh, good, I thought I did something wrong.

Mrs. Labow: Oh, you?

Mr. Roman: I get a letter saying…

Mr. Tepper: We all got it.

Mrs. Labow: Oh did you…delinquent on your taxes. Well, I was impressed. I thought it was great and like I said, it was very informative. That’s really good to get that information out there. I want to congratulate him.

President Perkins: It is, thank you. Library Board, Mr. Tepper.

Library Board Liaison

Mr. Tepper: Library Board had a meeting in executive session where I believe they made a decision on who the Executive Director will be, and I would expect that at the first or second meeting of the new Council for next year that will be announced publicly.

Mayor Scapicchio: That is true, Russ.

President Perkins: Senior Citizen Liaison, Mrs. Labow.

Senior Citizen Liaison

Mrs. Labow: I don’t have anything to report as far as that goes, but I will say that we were over at the Senior Citizens Center on Thursday for the retirement luncheon for our three employees, and it looked fantastic. Very good job Bill and staff, and everybody involved. Excellent job, thank you.

Mr. Sohl: It was the staff that did it.

PUBLIC PORTION

President Perkins: That takes us to the public portion. Anyone from the public? Seeing none.

Mr. Rattner: Better limit him since it’s such a big crowd.

Ned McDonnell, Budd Lake: Just one item on the Bill List on page 7, the Grand Fallons/Stephen. What is that?

Mrs. Maniscalco: I’m not sure what you mean, “what is it?”

Mr. McDonnell: What are we paying $725 for?

President Perkins: Clean Community performance.

Mrs. Maniscalco: Exactly. We have people that actually come in and provide Clean Community Programs. I believe it’s to the Schools, and that’s something that we typically have done at least for, I know for the last few years.

Mr. McDonnell: Okay.

Mrs. Maniscalco: Okay?

Mr. McDonnell: It’s been a pleasure attending the Council meetings this year. Without exception you’re an excellent group of people and I’d like to wish you all a Merry Christmas, Happy Hanukkah and a great New Year.

President Perkins: Thank you. Same to you.

Mr. Rattner: Thank you for coming.

President Perkins: Anyone else from the public wish to be heard? Seeing none, I close it to the public. That takes us to final comments. Mr. Mayor, any comment?

COUNCIL COMMENTS

Mayor Scapicchio: Just happy and safe holidays to everybody.

President Perkins: Thank you. Mr. Greenbaum.

Mr. Greenbaum: Ray, thank you for working on our behalf this year as Council President, and breakfast tomorrow at 8:30?

President Perkins: Yes.

Mr. Greenbaum: That’s it.

President Perkins: Mr. Tepper?

Mr. Tepper: I’d just like to wish everybody a happy and healthy new year coming up, and thank the staff that we’ve had and their support for this year in providing us with the information we needed to do our job.

President Perkins: Thank you. Mr. Roman.

Mr. Tepper: Oh, and the effort of Mr. Dorsey on reducing our costs and bringing in revenue.

President Perkins: Mr. Roman.

Mr. Roman: I’d like to ditto that last comment and I’d also like to thank everybody here for making my first year as a Councilperson very easy. Merry Christmas to everybody.

President Perkins: Thank you. Mrs. Labow.

Mrs. Labow: First, I’d like to tell Mr. Tepper, or Councilman Tepper, that he has a little brown spot on his nose.

Mr. Tepper: He did bring us $10 million and hopefully we’ll get it.

Mrs. Labow: Yes, he did.

Mr. Tepper: You can’t deny that.

Mrs. Labow: Yes, this is true.

Mr. Tepper: And all the nice sewer money. How many hundred thousand is that?

Mrs. Labow: That’s right. I just want to wish everybody a very happy holiday. Merry Christmas, Happy Kwanza and Happy Hanukkah, and an extremely Happy New Year, healthy, prosperous. One of my customers informed me that 2008 was not so great, but 2009 is going to be just fine. I like that sentiment and hope we move into a really great year. Thank you.

President Perkins: Thank you.

Mrs. Labow: Oh, one more thing. Mr. Perkins, it’s been an honor serving with you as our Council President. Thank you very much for all of your diligence and handling a really great meeting. Thank you.

Mr. Roman: You’ve got a brown spot…

President Perkins: Mr. Rattner.

Mr. Rattner: One thing I wanted to bring up, and that’s Mr. Greenbaum’s tenure on the Safety, as the Safety Committee Liaison. He’s gotten a lot of comments, some good, some bad, some justified, some not, but the issue…

Mr. Roman: Which ones were justified, the bad ones?

Mr. Rattner: The issue with the coverage for EMS in this Town has been going on for years. It appears that we, as a group, always kept just pussyfooting around it so many different times, and Rob got it done. You can say that you liked the way he did it or you didn’t, but we finally got it to make a decision and hopefully we’re moving forward. So for that I think the whole community should be grateful to Mr. Greenbaum for his skill in getting it done.

President Perkins: Thank you.

Mr. Rattner: Other than that I just wish everybody a happy and healthy and just like everybody else, we’re hoping that 2009 is going to be a heck of a lot better in every way.

President Perkins: Thank you. Mr. Tobey.

Mr. Tobey: I’d like to wish everyone Merry Christmas, Happy Hanukah, and a happy, safe, healthy and prosperous new year.

President Perkins: Thank you. I’ll close it by saying it was an interesting year. It’s definitely been an eye opener. We have done, as a group, some things that hopefully are pioneering. The Mayor set the tone for us to look to be a more green community, and I believe that the Council has taken some steps in that direction. We can only lead the horse to the water. We can’t make him drink yet, but every little baby step helps. Ultimately, the goal is to become more sustainable here in Mount Olive, reduce the tax burden on people, and give people a better quality of life. I thank Mr. Greenbaum, obviously, for the task that he carried through with the Safety Committee. That was not, obviously, a pleasant endeavor that he undertook. I thank all of my members from the different boards and committees that they sat on and everything that they brought. They made my life and my job here just a little bit easier. I tried to be fair. I let everybody speak their mind. I’ve been criticized for not using the gavel. I’m not a gavel person. I think it shows us it doesn’t do anything except draw a lot of attention to a lot of noise of somebody banging on a wooden gavel. We’re all adults. We all know what we need to say and what we can’t say. We get it off of our chest and move on to the next Agenda item. I trust that we will continue to move in a positive light. I thank everybody for their support and I look forward to serving under next year’s Council President and Vice President. With that, I will take a motion to adjourn. Happy New Year.

ADJOURNMENT - Motion was made and seconded, all in favor and none opposed, the meeting was adjourned at 8:45 pm.

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Russell J. Tepper, 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 20, 2009.
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Lisa Lashway, Township Clerk