COUNCIL PUBLIC MEETING MINUTES - November 10, 2008

The Public Meeting of the Mount Olive Township Council was called to Order at 9:53 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. Anyone have any questions or comments on the Bill List? Seeing none, that’s great. That takes us to the Approval of Minutes of Previous Meetings. Mr. Greenbaum, please.

APPROVAL OF MINUTES OF PREVIOUS MEETINGS

Mr. Greenbaum: I’ll move:

Oct. 14, 2008 WS & PM Mr. Rattner absent
Mr. Tobey left at the beginning of the Public Meeting

Oct. 30, 2008 Special PM Mr. Tobey & Mr. Perkins absent

Mr. Roman: Second.

President Perkins: Comments, corrections, questions? Seeing none, Roll Call, please.

ROLL CALL – Passed with the exception Mr. Rattner abstained from the 10/14 WS & PM, Mr. Tobey abstained from the 10/14 Public Meeting and the 10/30 Special Public Meeting, and Mr. Perkins abstained on the 10/30 Special Public Meeting.

CORRESPONDENCE

LETTERS FROM RESIDENTS/ORGANIZATIONS

1. Letter received October 24, 2008, from New Jersey Smart Start regarding New Jersey’s Clean Energy Program. PDF Correspondence

2. Letter received November 3, 2008, from the Mount Olive Child Care & Learning Center, Inc. regarding the National Association for the Education of Yong Children (NAEYC). PDF Correspondence

3. Letter received November 4, 2008, from Shawn Hopkins regarding reassessment. PDF Correspondence

4. Letter received November 7, 2008, from the Mount Olive Area Chamber of Commerce regarding “Wine for the Holidays” with Guest Speaker Jeff Stadelman. PDF Correspondence

RESOLUTIONS / ORDINANCES / CORRESPONDENCE OTHER TOWNS

5. Resolution received October 16, 2008, from the Borough of Beachwood recognizing October as National Breast Cancer Awareness Month. PDF Correspondence

6. Ordinance received October 22, 2008, from the Borough of Netcong regarding Land Use. PDF Correspondence

7. Resolution received October 23, 2008, from the Township of Parsippany – Troy Hills supporting Assembly Bill A-2760 / Senate Bill S-1785 as they pertain to the Court Security Enhancement Fund. PDF Correspondence

8. Letter received November 3, 2008, from the Township of Roxbury regarding an Amendment of the Master Plan. PDF Correspondence

9. Letter received November 3, 2008, from the Township of Hanover regarding Home Rule and Sovereignty. PDF Correspondence

DOT / DEP / LOI / HIGHLANDS

10. Letter received October 14, 2008, from the State of New Jersey Department of Environmental Protection regarding NJDEP Child Care Facility Approval Letter for Bright Horizons Children’s Center, 150 Clark Drive. PDF Correspondence

11. Letter received October 16, 2008, from the State of New Jersey Highlands Water Protection and Planning Council regarding Plan Conformance. PDF Correspondence

12. Letter received October 17, 2008, from the State of New Jersey Department of Environmental Protection regarding a permit for the Musconetcong Watershed Association. PDF Correspondence

13. Letter received October 20, 2008, from Muhammad Farooq regarding a Freshwater Wetlands Application Checklist for a property at 4 Thirty First Street. PDF Correspondence

14. Letter received October 23, 2008, from the State of New Jersey Department of Environmental Protection regarding Remedial Investigation Work Plan for 5 Belle Court. PDF Correspondence

15. Letter received October 23, 2008, from the State of New Jersey Department of Environmental Protection regarding an Agency Determination for Muhammad Akhtar, 15 Wilstow Road. PDF Correspondence

16. Letter received October 24, 2008, from the State of New Jersey Department of Environmental Protection regarding the Musconetcong Watershed Association for Block 8500 Lot 7 (33 Parkway Drive) and Block 119 Lot 82.01 (Hackettstown, Warren County). PDF Correspondence

17. Letter received October 30, 2008, from the Department of Environmental Protection regarding a second Notice of Technical Incompleteness regarding the Cholish Single Family Home, 28-1 Bartley Road. PDF Correspondence

18. Letter received October 31, 2008, from NJ Transit regarding available funding for purchase of equipment for the transportation of senior citizens and people with disabilities. PDF Correspondence

19. Letter received October 31, 2008, from the State of New Jersey, Highlands Water Protection and Planning Council regarding Regional Master Plan Update for Block 8100, Lots 41,42, and 43. (385,387 & 389 Route 46) PDF Correspondence

20. Letter received October 31, 2008, from the State of New Jersey, Highlands Water Protection and Planning Council regarding Regional Master Plan Update for Block 8200, Lot 4 (354 Route 46) PDF Correspondence

21. Letter received November 3, 2008, from the State of New Jersey Department of Environmental Protection regarding the Peter Bryn Property, 113 Lozier Road. PDF Correspondence

22. Letter received November 3, 2008, from the State of New Jersey, Office of Governor John S. Corzine regarding Executive Order 114. PDF Correspondence

23. Letter received November 4, 2008, from Woodmont Properties regarding Bennington Chase at Mount Olive, 2 Donna Lane, Block 7102 Lot 3. PDF Correspondence

24. Letter received November 4, 2008, from Woodmont Properties regarding Bennington Chase at Mount Olive, 4 Donna Lane, Block 7102 Lot 2. PDF Correspondence

TREASURY

25. Letter received October 21, 2008 regarding the Certification of the Table of Equalized Valuations for 2008. PDF Correspondence

26. Letter received October 21, 2008 regarding the Certification of the 2008 Average Ratios and Common Level Ranges for Use in the Tax Year 2009. PDF Correspondence

MSA

27. Letter received October 14, 2008, from the Musconetcong Sewerage Authority regarding a Response to Disapproved Amendment. PDF Correspondence

MORRIS COUNTY

28. Letter received October 23, 2008, from the Morris County Board of Taxation regarding an Abstract of Ratables for Morris County, 2008. PDF Correspondence

LEAGUE OF MUNICIPALITIES

29. E-mail received October 10, 2008, from the New Jersey State League of Municipalities regarding 2008 Ballot Questions. PDF Correspondence

30. E-mail received October 13, 2008, from the New Jersey State League of Municipalities regarding Turnpike/Parkway Toll Increases. PDF Correspondence

31. E-mail received October 14, 2008, from the New Jersey State League of Municipalities regarding a Federal Update for Period Ending October 10, 2008. PDF Correspondence

32. E-mail received October 14, 2008, from the New Jersey State League of Municipalities regarding From Time to Time – A Quarterly Report on the Activities of the New Jersey League of Municipalities, July – September 2008. PDF Correspondence

33. E-mail received October 15, 2008, from the New Jersey State League of Municipalities regarding Office Space Available for Lease, and Correction to Link – Federal Update for Period Ending October 10, 2008. PDF Correspondence

34. E-mail received October 16, 2008, from the New Jersey State League of Municipalities regarding the Governor’s Economic Recovery Initiative. PDF Correspondence

35. E-mail received October 17, 2008, from the New Jersey State League of Municipalities regarding an Update on Interconnection of PEG Stations between Verizon and Incumbent Providers. PDF Correspondence

36. E-mail received October 20, 2008, from the New Jersey State League of Municipalities regarding S-1303 & A-3062 – Inherently Beneficial Use, and NJDEP’s Local Government Guidebook. PDF Correspondence

37. E-mail received October 21, 2008, from the New Jersey State League of Municipalities regarding Important Conference Session – The New Neighbors. PDF Correspondence

38. E-mail received October 21, 2008, from the New Jersey State League of Municipalities regarding League and Thomas Edison College Promote Youth Literacy Webinar. PDF Correspondence

39. Letter received October 22, 2008, from the New Jersey State League of Municipalities regarding Bus Shuttle and Overflow Parking Locations for the 93rd Annual League Conference. PDF Correspondence

40. E-mail received October 22, 2008, from the New Jersey State League of Municipalities regarding Mandates Relief for 89 Will Benefit 566. PDF Correspondence

41. E-mail received October 23, 2008, from the New Jersey State League of Municipalities regarding A-1645, Mandatory Appointment of QPA Awaits Assembly Vote, Governor Unveils Energy Master Plan, and New Jersey State League of Municipalities, Annual League Conference Reminder. PDF Correspondence

42. E-mail received October 24, 2008, from the New Jersey State League of Municipalities regarding BPU Releases Government Energy Audit Program. PDF Correspondence

43. E-mail received October 24, 2008, from the New Jersey State League of Municipalities regarding New Economic Development Incentives from EDA, Legislative Day Wrap-Up, Highlands Informational Session for Municipal Planners and Consultant Professionals. PDF Correspondence

44. E-mail received October 27, 2008, from the New Jersey State League of Municipalities regarding Up to Date information on Social Security’s Programs and Benefits. PDF Correspondence

45. E-mail received October 27, 2008, from the New Jersey State League of Municipalities regarding A-1645 Qualified Purchasing Agent Bill. PDF Correspondence

46. E-mail received October 28, 2008, from the New Jersey State League of Municipalities regarding Election Day Concerns, Conference Info. on the Net, NJ Chamber Event with Commissioner Dori, and Voting Record of Yesterday’s Assembly Action on A-1645 – the Qualified Purchasing Agent Bill. PDF Correspondence

47. E-mail received October 29, 2008, from the New Jersey State League of Municipalities regarding Important New Information from the Division of Local Government Services. PDF Correspondence

48. Letter received October 30, 2008, from the New Jersey State League of Municipalities regarding a Legislative Bulletin for the 2008 – 2009 Legislative Session. PDF Correspondence

49. E-mail received October 31, 2008, from the New Jersey State League of Municipalities regarding Important Conference Sessions – Pay to Play and OPRA. PDF Correspondence

50. E-mail received November 3, 2008, from the New Jersey State League of Municipalities regarding the November Grant Page. PDF Correspondence

51. Email received November 3, 2008, from the New Jersey State League of Municipalities regarding Emergency Management Training Opportunities. PDF Correspondence

52. Email received November 6, 2008, from the New Jersey State League of Municipalities regarding Conference Workshop Highlights and Newly Elected Officials. PDF Correspondence

53. Email received November 6, 2008, from the New Jersey State League of Municipalities regarding Property Tax Relief – Act Now to Influence Next State Budget. PDF Correspondence

LETTERS FROM LEGISLATIVE REPRESENTATIVES

54. E-mail received October 10, 2008, from Congressman Rodney Frelinghuysen regarding Facing our Economic Challenges, Frelinghuysen Visits Local Schools, President to Sign Amtrak Reauthorization, and Spread the e-News. PDF Correspondence

55. E-mail received October 17, 2008, from Congressman Rodney Frelinghuysen regarding Financial Relief for Older Americans, Frelinghuysen Takes Part in Picatinny Community Covenant Signing, Picatinny Named Top Large Development Laboratory in the Army for 2008, Morris County NAACP Celebrates its 77th Anniversary, Reach our and Read, Frelinghuysen visits NJ Schools, New York Times Article on Economic Challenges, and Spread the E-News.

56. Letter received October 24, 2008, from the New Jersey General Assembly regarding a Breakfast Briefing. PDF Correspondence

57. E-mail received October 24, 2008, from Congressman Rodney Frelinghuysen regarding Frelinghuysen to Join New Jersey Astronaut at Schools, Picatinny Arsenal, Helps Open New Mount Freedom Post Office, meets with Millburn-Short Hills Old Guard, Visits more New Jersey Schools, and Spread the e-News. PDF Correspondence

58. E-mail received October 31, 2008, from Congressman Rodney Frelinghuysen regarding Providing Relief for Older Americans, Frelinghuysen and New Jersey Astronaut Visit New Jersey Schools, Picatinny Arsenal, Launches Youth Advisory Council, Take a Veteran to School Day, Speaks to operation Medication Awareness, and Spread the e-News. PDF Correspondence

UTILITIES

59. Letter received October 24, 2008, from Comcast regarding DTV Test. PDF Correspondence

60. Letter received October 27, 2008, from Jersey Central Power & Light regarding a Proposed New Demand Response Program. PDF Correspondence

61. Letter received October 31, 2008, from Cozen & O’Connor regarding petition of Applied Wastewater Management, Inc., for Approval of Increased Tariff Rates and Charges for Water and Sewer. PDF Correspondence

62. Fax received October 31, 2008, from Comcast regarding Channel Changes. PDF Correspondence

63. Fax received November 7, 2008, from Comcast regarding Price Changes. PDF Correspondence

DCA

64. E-mail received October 14, 2008, from the Department of Community Affairs regarding a GovConnect Update. PDF Correspondence

65. Email received October 20, 2008, from the Department of Community Affairs regarding the 2008 Governor’s Workforce and Economic Development Conference. PDF Correspondence

66. E-mail received October 24, 2008, from the Department of Community Affairs regarding an Announcement of the Local Government Energy Audit Program. PDF Correspondence

67. E-mail received October 29, 2008, from the Department of Community Affairs regarding a GovConnect Update for October 29, 2008. PDF Correspondence

68. Local Finance Notice received October 31, 2008, from Department of Community Affairs regarding Changes to Municipal Consolidation Laws. PDF Correspondence

TORT

69. Summons received October 14, 2008, from Advokat & Rosenberg, Esqs. Regarding Darlene Wade vs. Town of Mount Olive, John Does A-Z. PDF Correspondence

70. Letter received November 3, 2008, from Dattolo Properties, Inc. regarding Dattolo Properties v. Township of Mount Olive, et al. PDF Correspondence

President Perkins: That takes us to Correspondence. We have 70 pieces of Correspondence. Does anyone wish to discuss? Mr. Tepper.

Mr. Tepper: Page 7, number 69, I don’t know if we need to do that in executive session. I’d just like an update on where we are on that. It doesn’t have to be this meeting. It can be next meeting.

President Perkins: Anyone else? Seeing none, I’ll take a motion to accept the Correspondence.

Mr. Rattner: So moved.

Mrs. Labow: Second.

President Perkins: All in favor.

AYE

ORDINANCES FOR PUBLIC HEARING - None

ORDINANCES FOR FIRST READING (2nd reading – November 24, 2008)

President Perkins: Correspondence is accepted. There are no Ordinances for Public Hearing. Ordinances for First Reading with a Second Reading for November 24th. The item on the Agenda is Ord. # 51-2008, entitled:

Ord.#51-2008 An Ordinance of the Township of Mount Olive to Amend and Supplement Chapter 196 Entitled “Sewers and Water”, Part 5, Sewer, Entitled “Allocation Charges” (Sewer Service Fees), Article XIII entitled “Budd Lake Sanitary Sewer System and Clover Hill Sanitary Sewer System”, Section 196-73 Entitled “Charges” of the Mount Olive Township Code.

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

Mr. Tepper: Yes, Mr. President. I move that Ord. #51-2008 be introduced by title and passed on first reading and that a meeting be held on November 24th, 2008 at 7:30 pm at the Municipal Building, 204 Flanders-Drakestown Road, Budd Lake, New Jersey for a public hearing, consideration of second reading, and passage of said Ordinance and that the Clerk be directed to publish, post and make available said Ordinance in accordance with the requirements of the law.

Mrs. Labow: Second.

President Perkins: Any Council discussion? Seeing none, Roll Call, please.

ROLL CALL – Passed Unanimously

CONSENT RESOLUTIONS AGENDA:

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

CONSENT RESOLUTIONS

1. Resolution of the Township Council of the Township of Mount Olive Authorizing the Execution of a Letter to DCA on Behalf of Toll Brothers/Morris Chase. PDF Resolution

2. Resolution of the Township Council of the Township of Mount Olive Supporting the “Over the Limit Under Arrest 2008 Year End Crackdown.” PDF Resolution

3. Resolution of the Township Council of the Township of Mount Olive Requesting Approval from the Director of the Division of Local Government Services for Insertion of a Specific Item of Revenue into the 2008 Municipal Budget ($2,000.00 for donation – Benjamin Moore). PDF Resolution

4. Resolution of the Township Council of the Township of Mount Olive Requesting Approval from the Director of the Division of Local Government Services for Insertion of a Specific Item of Revenue into the 2008 Municipal Budget ($500.00 for donation – BASF Corporation – police equipment/supplies). PDF Resolution

5. Resolution of the Township Council of the Township of Mount Olive Authorizing the Cancellation of a Grant Balance of $280.00 for the Over the Limit Under Arrest Program. PDF Resolution

6. Resolution of the Township Council of the Township of Mount Olive Authorizing the Cancellation of the Reserve for Revaluation in the Amount of $36,645.25. PDF Resolution

7. Resolution of the Township Council of the Township of Mount Olive Awarding a Contract to Robert H. Hoover & Sons Inc. for a New Recycling Truck for Department of Public Works. PDF Resolution

8. Resolution of the Township Council of the Township of Mount Olive Authorizing the Township Administrator to Respond to a Letter from Paul Dattolo. PDF Resolution

9. Resolution of the Township Council of the Township of Mount Olive Providing for the Transfer of 2008 Budget Appropriations for the Current Fund Budget . PDF Resolution

10. Resolution of the Township Council of the Township of Mount Olive Requesting Approval from the Director of the Division of Local Government Services for Insertion of a Specific Item of Revenue into the 2008 Municipal Budget ($15,605.75 for the Drunk Driving Enforcement Fund). PDF Resolution

11. Resolution of the Township Council of the Township of Mount Olive Awarding a Contract to Glenn Roofing for the Historic Seward Mansion Roof Replacement. PDF Resolution

12. Resolution of the Township Council of the Township of Mount Olive Authorizing a Professional Services Agreement with CMX for Engineering Services in Connection with the Contamination Remediation of Flanders Well No. 2. PDF Resolution

13. Resolution of the Township Council of the Township of Mount Olive Authorizing the Mayor to Execute an Agreement with Metro Energy for an Energy Audit of Three Township Buildings as Per Proposals Received Via The Warren-Morris Council of Governments. PDF Resolution

14. Resolution of the Township Council of the Township of Mount Olive Waiving Certain Portions of the Noise Ordinance for Picatinny Federal Credit Union. PDF Resolution

President Perkins: Having said that, is there any Councilmember wishing to have an item removed?

Mr. Tepper: I believe we agreed to take number 13 off.

President Perkins: Mr. Roman?

Mr. Roman: Same thing.

President Perkins: Mr. Roman, would you then move Consent Resolutions numbers 1 through 12 and 14.

Mr. Roman: So moved, resolutions 1 through 12 and number 14 for approval.

Mr. Tobey: Second.

President Perkins: Thank you. Anyone from the public wish to be heard on those resolutions? Seeing none, I close it to the public. Council comments or discussion? Seeing none, I close it to the Council. Take the Roll, Lisa.

PUBLIC PORTION ON CONSENT RESOLUTIONS - none

COUNCIL COMMENTS ON CONSENT RESOLUTIONS - none

ROLL CALL – Passed Unanimously

RESOLUTIONS NON CONSENT - none

PUBLIC PORTION ON INDIVIDUAL RESOLUTIONS - none

COUNCIL COMMENTS ON INDIVIDUAL RESOLUTIONS - none

MOTIONS

President Perkins: That takes us to Motions. Mr. Tobey, can you do the first approval, please?

1. Approval of Raffle Application #2276 for the Lions Club Mt. Olive; Raffle Application #2277 for K of C #6100 Fr. Joseph A. Cassidy Council; Raffle Application #2278 & #2279 for PTO Independence Township Inc.; Raffle Application #2280 for the Mt. Olive Hockey Booster Club

Mr. Tobey: Yes, I move Motion #1 as presented.

Mr. Roman: Second.

President Perkins: Thank you. Comments? Roll Call, please.

ROLL CALL – Passed Unanimously

President Perkins: Mrs. Labow, would you move the Bill List, please?

Mrs. Labow: I move the Bill List for adoption.

2. Bill List. PDF Bill List

Mr. Greenbaum: Second.

President Perkins: Any other comments or questions? Roll Call, please.

ROLL CALL – Passed Unanimously

ADMINISTRATIVE MATTERS

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

Mr. Sohl: I’m sorry. What was that?

Mayor Scapicchio: None.

President Perkins: Any other Administrative Matters?

Mayor Scapicchio: None.

President Perkins: Mr. Tepper?

Mr. Tepper: Administrative Matter regarding the storm. A, I’ve gotten a lot of comments from residents. I’d like to commend the Administration and especially the DPW, not only for cleaning the roads, but the aftermath of cleaning up all of the trees that were broken and coming through and removing those, and not forcing people to incur unneeded expenses.

Mrs. Labow: I agree.

President Perkins: I think the entire Council witnessed the Township being placed in a tremendous burden. On my wife’s 50th birthday, ironically enough, I think we will never forget that day.

Mr. Tepper: Celebrating that way.

Mrs. Labow: Is that how you celebrated it?

President Perkins: Bill, as I’ve said to you personally and right here on public record, you guys, every one of your staff that was here did a yeoman’s job to make sure that the public was well taken care. I thank you personally.

Mr. Sohl: I’d just like to comment that it was a 100% team effort. Every area that was called upon or leaned on, or pressed into service or stretched came through with flying colors.

President Perkins: Wonderful.

Mr. Rattner: Just as a side note, at 1:00 today I got a call from JCP&L to tell me that they did a final inspection and that the power is on on my street. Honest to god, 1:05 today.

Mrs. Labow: Two weeks later.

Mr. Tepper: It’s nice to know they follow up.

President Perkins: Any Old Business?

Mr. Roman: Good thing you weren’t waiting for that call to turn the switch on.

President Perkins: I guess not. Any New Business?

Mr. Sohl: The last resident that got power back that we know of was Judy Hirky on Saturday.

Mr. Rattner: What was that, an individual line?

Mrs. Labow: Yes.

Mr. Sohl: Well they kept saying the power was back on. They got it back in the neighborhood but there was something more unique to her one house.

OLD BUSINESS

Mrs. Labow: Ray, I have New Business.

Mayor Scapicchio: Does the Council… Sorry, Colleen.

Mrs. Labow: I just want to ask, go ahead. Was it on the storm?

Mayor Scapicchio: I just wanted to ask the Council if they were aware of the 911 reverse call system that was put in place.

Mrs. Labow: That was excellent.

Mayor Scapicchio: I’m told that now that we’ve done it once, we can get that up and running probably within 20 minutes or so. The County worked with us on that.

Mr. Sohl: It’s a County system.

Mrs. Labow: Actually, I have a question about that because what I understood was they identified the areas but if there was a problem in another area they would just have to re-identify.

Mr. Sohl: What it was, because Mount Olive is such a big area to begin with it had to be subdivided into a smaller set of groups.

Mrs. Labow: Yes, calling cells, yes.

Mr. Sohl: Because we had no idea of who was or was not with power. In fact, it was interesting because some of the first reaction from people were people calling up to say, “Am I going to lose power now?” No, if you’ve got power it’s good. If you don’t have power it may still be out as it was for a number of residents for another 24 or 48 hours. It worked really well.

Mrs. Labow: My question actually is for Bill. I had a resident just about two weeks ago had told me that they heard, they had a friend who had ordered some paver bricks for the All Veterans Memorial and the bricks were not installed. When they checked into it they were told that we had a theft, that several bricks had been stolen. They asked me about it and I said I had no knowledge, no one ever mentioned any bricks…

Mr. Sohl: Theft of what?

Mrs. Labow: Bricks had been stolen.

Mayor Scapicchio: Pavers.

Mrs. Labow: Pavers, paver bricks that had been engraved.

Mr. Sohl: Veterans Memorial? I’m not aware of any, I mean, we’ll check it out.

Mrs. Labow: This was before they were installed, not after, before they were installed.

Mr. Sohl: Oh, before they were…

Mrs. Labow: Before they were installed because people were concerned that they did not have any, they could not find the ones that they had ordered for their family members. They were told that there had been a theft.

Mayor Scapicchio: Who told them that?

Mrs. Labow: Charlie Uhrmann had apparently told them that they had been ordered and that there was a theft. Now, this is all hearsay but I said I had heard nothing about a theft at all. So my next question would be was there a theft, and did we find out who stole them? What happened?

Mr. Sohl: I mean, do I know if there was one? I obviously have no idea.

Mrs. Labow: Could you check because that is what I heard. I guess the conversation came up because of Veterans Day coming up this week and the conversation resurfaced. So I’d like to know. Thank you.

President Perkins: That it, Colleen?

Mrs. Labow: That’s it.

NEW BUSINESS

President Perkins: Okay, speaking about Veterans Day I will be placing a new wreath at the All Veterans Memorial tomorrow. Thank you, Lisa, for picking that up. I’ll be there first thing in the morning and I will also be over at the American Legion Hall in Stanhope at 11:00.

Mr. Rattner: There’s no ceremony at our, you’re just going to lay the wreath?

President Perkins: Just going to lay a wreath. If any Councilmember wishes to attend with me in the morning…

Mr. Rattner: How early?

Mrs. Labow: What time is first thing?

President Perkins: I’m not going to do it at sunrise. I’m going to do it at 9:00am tomorrow.

Mrs. Labow: Are you bringing the coffee and donuts?

President Perkins: That would be unpatriotic.

Mr. Rattner: It’s a fasting holiday.

Mrs. Labow: It’s a fasting holiday?

LEGAL MATTERS

President Perkins: Legal Matters, Mr. Dorsey?

Mr. Dorsey: None.

COUNCIL REPORTS

Recreation Liaison Report

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

Mr. Roman: Yes, at the last meeting not too much to note other than discussions about new programs coming in for the remainder of the fall and winter, and the possibility of eliminating some programs that are not producing any return. That’s it.

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

Board of Health Report

Mrs. Labow: Since we had our last meeting here we have a Board of Health meeting coming up Wednesday. I just want to say that things are moving along well. We had a very high turnout for the flu shots as well as Willie Cirone, our Animal Control Officer, has been diligently working on following up on all of the reports that we’ve had from the dog and cat census. That’s working really well. Also, we will be doing our dog, the rabies shots again at the Tractor Supply place, which has worked out really well. This has been a wonderful situation where it’s a much better facility for the public to be able to get into and have their dogs and cats
Mrs. Labow (cont’d): vaccinated with the rabies shots. It also gives the public an opportunity to go in and check it out. So it’s been a very nice situation. Also, the dog park is working really well. It’s probably one of the biggest success rates. We did celebrate, I don’t know if anybody saw the article in the Chronicle, one year later it’s going strong. People are very happy with the whole entire dog park. So I think that’s a wonderful thing that we did, a beautiful thing.

President Perkins: Excellent. Planning Board, Mr. Tepper.

Planning Board Report

Mr. Tepper: Planning Board meets on Thursday.

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

Board of Adjustment Liaison Report

Mr. Roman: Meets next Monday.

President Perkins: Open Space, Mrs. Labow.

Open Space Committee Report

Mrs. Labow: We had, we were supposed to have our meeting tonight which we did not have because we have the Council meeting this evening. Two weeks ago we did have our first trail meeting. We met the groups who are going to be planning out our trail system. We had members from Stanhope come to the meeting who also said that their trail plan is working really well and they’d like to move out of the Stanhope area and connect with Mount Olive. I was really pleased. We had about 20 people actually show up for this meeting and working very diligently. Councilman Greenbaum was there. Mayor Scapicchio was there. Councilman Rattner was there and I thought it was very informative. It was really nice to see residents come out for a program and really show a lot of interest. The one gentleman, I think he was from the County, he said that he was so excited that so many people stayed after the meeting to continue. We didn’t leave until after 10:00 and the meeting was supposed to end at 9:00. It was very productive and we’re looking forward to…

Mr. Rattner: What we’re you doing until after 10:00?

Mrs. Labow: I left at 10:00 and they were still here. I got tired. They were excited and still moving forward with it so that was great. They were going through the maps and talking about all of the possibilities. It was a great meeting.

President Perkins: Great, thank you. Legislative Committee, Mr. Rattner.

Legislative Committee Report

Mr. Rattner: On October 15th, it was a long time ago but we haven’t really met, Mr. Sohl and I attended the legislative meeting that was held in Chester Township. It was greatly attended, must have had eight people show up from the public. The only points of interest besides my list of complaints was that Mayor Cogger of Chester Township was there. He also sits on the Highlands Council so he had to defend what the Highlands was doing about some of the Memorandum of Understanding now that they finally got with COAH, and a couple of the other issues. The one item that Bill had as a priority was concern over the legislation which has been voted on in the Assembly to require certification of purchasing agents. One of the things that I asked our legislators to look into is with the amount of increase with the pension payments. Are we actually paying a disproportionate share versus what the State’s putting in, because I don’t believe the State is paying even their minimum amount on an ongoing basis, yet our increases are very high. Not that that may make much of a difference down there but I think it should be socialized that the State is really falling down, because the pension fund balances are falling further behind even though our payments are increasing at a rate of 25-30% a year.

President Perkins: Thank you, Steve. Pride Committee, Mrs. Labow?

Pride Committee Liaison Report

Mrs. Labow: Pride Committee has been very busy. One of the projects we had looked to do is to have somebody working on planting the flowers at the berm on 206 in front of Plaza Road. We did have a Boy Scout troop spread all of the mulch out there which was great. They needed to finish 50 hours of community service for another merit badge they were working on. Fortunately, Tim’s crew was able to bring down the mulch and they had about 16 volunteers get that taken care of. The other thing that we’re working on is an ongoing issue of putting up our banners, snowflakes and flags throughout the Township. Due to insurance concerns we weren’t allowed to have our employees get up on any kind of ladder truck to install the banners and snowflakes. Now, Tracy Wadhams, one of our Pride Committee members saw the truck for the flag company down in Hackettstown doing some of their banners, stopped, called and talked to them. Tracy and Liz met with the gentlemen and it turns out that they submitted a proposal where they will actually store all of our banners, our snowflakes and flags, and they will refurbish everything before they put them up and they’re going to, our schedule is going to go on with the same with Hackettstown so that they’ll be coming through Mount Olive on their way to Hackettstown. They’ll be able to put up all of our banners so that we’ll have the pride in the community as it was anticipated. We’re really excited about that. We think it’s a great idea. So that’s about as far as we got with that.

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

Board of Education Liaison Report

Mr. Tobey: Two items to touch base on. There’s a Board of Education meeting this evening and it’s expected that Dr. Larry Reynolds will be named as the new Superintendent. In addition, I attended a Board of Education Finance Committee meeting two weeks ago. The Committee raised, addressed, questioned if you will, approximately $45,000 in custodial fees that they are incurring as a result of some of the Recreation programs. They asked me to speak with Mr. Roman as the liaison to the Recreation Committee to see how some of these programs can start to partially but not fully offset these expenses moving forward.

Mr. Roman: Phil, that list was submitted to Jill and I requested for her to issue me a, for lack of a better term, rebuttal.

Mr. Tobey: Thank you.

President Perkins: Perfect. Thank you, Mr. Tobey. Lake Environmental Issues, over and above what we heard, Mr. Rattner.

Lake/Environment Issues Committee

Mr. Rattner: The only thing is that in October was the second fall annual cleanup, which I have been told was successful.

President Perkins: Safety Committee, Mr. Greenbaum.

Safety Committee Liaison

Mr. Greenbaum: We don’t have another meeting set right now. I did see the article that Mr. Sohl circulated…

Mr. Sohl: It’s tomorrow.

Mr. Greenbaum: Oh, it’s tomorrow?

Mr. Sohl: I mean, Wednesday the 15th.

Mr. Greenbaum: Oh, I misspoke. It’s this Wednesday.

Mr. Sohl: I’m sorry, shouting.

Mr. Greenbaum: That’s okay.

President Perkins: Okay, Finance Committee, Mr. Rattner.

Finance Committee Report

Mr. Rattner: Nothing to report.

Economic Development Committee Report

Mr. Rattner: We’re working on the meeting of the Freeholders. Our road show, which is the 25th at the BPG building, and everything seems to be going fine.

Mrs. Lashway: That’s a Tuesday. A reminder that our next meeting is on a Monday as well. The 24th is a Monday.

President Perkins: Solid Waste, Mrs. Labow.

Solid Waste Advisory Committee Report

Mrs. Labow: Solid Waste has not been meeting.

President Perkins: Good, okay. Library Board, Mr. Tepper.

Library Board Liaison

Mr. Tepper: Library had a presentation a week ago that was called “Understanding Islam,” and in anticipation of it they had done some advertising. They had received a very belligerent call from someone stating that it was inappropriate to have this done and threatened to disrupt the meeting. I’d like to thank the Administration, specifically the Chief of Police. He sent over two undercover Officers. I did attend. It was presented by the Chair of the Religious Studies department at Drew University. It was very well done. The individual did get up and make a slight disruption and was asked to leave, and then it continued. The next meeting for the Library is on Wednesday.

President Perkins: Thank you. Senior Citizen Liaison, Mrs. Labow.

Senior Citizen Liaison

Mrs. Labow: Yes, the project over at the Senior Citizen building. I got a report today that it’s going quite nicely. They did install the chair rail and I think the painting should be finished this week, today or tomorrow. They will be setting up hopefully, Bill, is it…

Mr. Sohl: Painting will be finished by Wednesday.

Mrs. Labow: And then will the carpet and tiles…

Mr. Sohl: They will have a meeting on Thursday and then again on the 18th and then on the 19th, the vendor will be in to do the tile and the carpet. That should take upwards of a week which we understand nothing per se is going on up to December 1, but it shouldn’t be anywhere near that.

Mrs. Labow: So I think it’s really, everything looks really nice and everybody is quite happy at this point. So this is good news.

President Perkins: It is good news. Thank you very much. That takes us to our second public portion. Does anyone from the public wish to be heard on any issue?

PUBLIC PORTION

Paul Dattolo, Dattolo Properties, Inc., 141 Route 46, Budd Lake: I just want to put a couple of things on the record. I meant to, I’m not sure, I handed Lisa Lashway packets for all of you to receive. I was intending to do that at the last Council meeting, but as you guys are all aware I guess there was no electric and it was cancelled. So I delivered it to Mrs. Lashway on Monday. I just wanted to put the letter I prepared on the record. I just want to state that in the packet was a letter written by me as well as the letters written to seven other people that you back charged and put our name tied to it, as well as transcripts of Judge Bonzenalis’ decisions. I believe there were two decisions that he made. I just wanted to make sure that you received that as well. Dattolo Properties v. Township of ML Olive, et al. Docket No. L-652-05.

Dear Mayor and Council Members:

As you are aware, Dattolo Properties is the Plaintiff in the above-referenced action. We initiated this action to challenge, among other things, the legality of Ordinance No. 37-2003 and its various amendments which Mt. Olive relied upon to attempt to justify an increase of 74.8 EDUs for the Laundromat located at 141 Route 46, Budd Lake, even though the Laundromat generates nowhere near that amount of effluent.

As you also know, the Assignment Judge of Morris County ruled in favor of Dattolo Properties and struck down Ordinance No. 37-2003 and all its various amendments. Incredibly, Mount Olive’s first order of business, on the same day the Court struck the ordinance, was to notify Dattolo Properties that it was going forward with a tax sale of its property — yet another malicious and retaliatory act. The Assignment Judge stopped that too.

Relative to the Ordinance being struck, the purpose of this letter is to address and provide the Council the opportunity to address other wrongful and malicious actions taken by Mount Olive. The Council may recall a recent Council Meeting (just prior to the Assignment Judge’s decision to strike your ordinance) where your Township Attorney quipped that Mount Olive should thank Dattolo Properties for its collection of recent sewer charges against other business owners in Mount Olive. The comment derived from Mt. Olive’s action to increase sewerage usage fees for several businesses in town that were referenced in an expert report within the confines of Dattolo Properties’ litigation. Our understanding of our expert’s report was, among other things, to show a violation of equal protection in that Mount Olive applied Ordinance 37-2003 to only one property owner —Dattolo Properties. Yet, Mount Olive used the report as the basis to assess additional sewer fees (under the now void ordinance), mischaracterized its scope, and wrote to these business owners to reference and maliciously blame Dattolo Properties where it was the Township, not Dattolo Properties, who chose not to previously bill such properties. Attached are copies of the letters, to the extent they have been provided to us.

Further, as you know, Dattolo Properties is also named in recent resolutions designed to affect other property owner’s rates and or past charges. The reference to a specific property owner (particularly one that was right and apparently “did the township a favor”) is unheard of and, again, malicious.

In short, this letter serves as a simple and reasonable demand that the Township Council send a formal apology retracting the “blame” placed on Dattolo Properties, together with a copy of the Assignment Judge of Morris County’s Opinion (including the Court’s September30, 2008 Clarification) striking the Ordinance. Copies of those transcripts are attached hereto.

We trust that you will undertake this action immediately and correct and mitigate this egregious wrong on your part. Very truly yours, Paul Dattolo, Dattolo Properties Inc.

President Perkins: Thank you, Mr. Dattolo. You’ll note that during the meeting, the resolution authorizing the Business Administrator to respond to that was approved. Thank you. Anyone else on Council? Name and address for the record.

Nelson Russell, Budd Lake: The next Council meeting is the same date as the Freeholder’s meeting, is it not?

Mrs. Lashway: Monday the 24th.

Mrs. Labow: That’s what Lisa said before, the 24th is a Monday night.

President Perkins: Monday, we like Mondays.

Mr. Russell: I have a couple of questions on the Bill List. Page 9 of the first Bill List, I see some Tai Chi sessions to be paid for.

Mr. Sohl: That’s through Recreation, right?

Mr. Russell: It’s not under Recreation. It’s under general fund. The next one is water testing. The one before that is insurance.

Mrs. Maniscalco: So your question is…?

Mr. Russell: Why are we paying for Tai Chi lessons?

Mrs. Maniscalco: I will talk to Jill. I don’t know.

Mr. Sohl: But it is from Jill, right?

Mrs. Maniscalco: Yes, it’s definitely Jill’s.

Mr. Russell: On page 11, I see that we’re paying $2,140.20 for three Smith & Wesson pistols. I didn’t realize pistols were that expensive.

Mr. Sohl: Pistols are very expensive.

Mr. Russell: You can get them on the street for a couple hundred, right?

Mr. Sohl: That may be.

Mr. Russell: Are pistols that expensive?

Mr. Tepper: Questionable ownership.

Mr. Roman: $700, that sounds about right.

Mr. Sohl: Those are the best prices. They shop for the prices.

Mr. Russell: On page 11 of the second list, I see a rechargeable flashlight and a halogen flashlight, both in the singular at one for $99 and one for $117. Is that what we’re paying for individual flashlights?

Mrs. Maniscalco: They are specific Law enforcement standard flashlights and that’s what they go for. I did check with the Police department and they are specific law enforcement standard. That’s what I’ve been told.

Mr. Russell: That’s awfully expensive for a flashlight.

Mrs. Maniscalco: It’s not your normal flashlight.

Mr. Russell: Okay.

President Perkins: It’s not your father’s Oldsmobile.

Mrs. Maniscalco: No.

President Perkins: Anyone else from the audience having any questions or comments, or want to address anything before the Council? Seeing none, I will close it to the public. That now takes us to Council Comments. Mr. Greenbaum?

COUNCIL COMMENTS

Mr. Greenbaum: None.

President Perkins: Mr. Tepper?

Mr. Tepper: None, thank you.

President Perkins: Mr. Roman?

Mr. Roman: None.

President Perkins: Mrs. Labow?

Mrs. Labow: None.

President Perkins: Mr. Rattner?

Mr. Rattner: None.

President Perkins: Mr. Tobey?

Mr. Tobey: Nothing, thank you.

President Perkins: And I have none. We will be moving into executive session for FOP/SOP & MOTPEA Negotiations which I will be recusing myself from, as well as discussion for the Kelly Bill for Stedwick Village. Colleen, could you move us into executive session, please?

Mrs. Labow: Yes, in accordance with Sections 7 & 8 of the Open Public Meetings Act, I’d like to move us into executive session to discuss the Union contracts for the FOP, and…

Mr. Dorsey: The Municipal Services Act in connection with Stedwick Village.

Mrs. Labow: As John stated, thank you.

President Perkins: Do I have a second?

Mr. Roman: Second.

President Perkins: All in favor?

AYE

President Perkins: There will be no other official business conducted…

EXECUTIVE SESSION - FOP/SOP & MOTPEA Negotiations, and the Kelly Bill

ADJOURNMENT - Motion was made and seconded, all in favor and none opposed, the meeting was adjourned at 10:00 pm.

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Raymond T. Perkins, Council President

I, MICHELLE MASSER, Deputy 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 November 24, 2008.
_________________________________
Michelle Masser, Deputy Township Clerk
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