TOWNSHIP COUNCIL PUBLIC MEETING MINUTES - October 27, 2009

The Public Meeting of the Mount Olive Township Council was called to Order at 7:46 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: Mrs. Labow, Mr. Rattner, Mr. Roman, Mr. Greenbaum, Mr. Perkins, Mr. Tobey, Mr. Mania

Absent: none

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

PROCLAMATION OF THE MAYOR – October as National Breast Cancer Awareness Month

President Rattner: Okay, now we have a Proclamation of the Mayor.

Mayor Scapicchio: Yes, Steve, thank you. This is a Proclamation Honoring October as National Breast Cancer Awareness Month.

Office of the Mayor

PROCLAMATION

Honoring October as National Breast Cancer Awareness Month

WHEREAS, the Township of Mount Olive values the health of all of its citizens; and

WHEREAS, the Township of Mount Olive supports awareness of certain diseases, such as breast cancer, which affects the lives of its citizens; and

WHEREAS, October is National Breast Cancer Awareness Month; and

WHEREAS, the “Tie A Ribbon” campaign, sponsored by Susan G. Komen for the Cure North Jersey Affiliates, promotes such awareness as well as remembrance for those who have been touched by this disease; and

WHEREAS, the goal of the Affiliate is to raise awareness and reach the citizens of Mount Olive Township; and

WHEREAS, the Township of Mount Olive, through the efforts of the Affiliates, will proudly join in the “Tie A Ribbon” campaign in the central retail business district; and

NOW THEREFORE, be it proclaimed that I, David Scapicchio, Mayor of Mount Olive Township do hereby proclaim, October as National Breast Cancer Awareness Month to be marked by the tying of pink ribbons in the central retail business district in the Township of Mount Olive.

Questions on Bill List?

President Rattner: Thank you, Mayor. Next on the Agenda we have Questions on the Bill List. Does anybody from the Council…? Mrs. Labow.

Mrs. Labow: Yes, thank you. Sherry, on page 11, P.C. Richard and Son, Samsung fifty-five inch monitor, $2,559.97. What is that?

Mrs. Maniscalco: Gee, Ray just asked me this question before the meeting.

Mrs. Labow: Did he?

Mrs. Maniscalco: Yes. I actually have a description on the P.O. but basically it’s for the Police Department and they purchased a monitor for their training room. If you want the specifics on exactly what they’re…

Mr. Roman: Fifty-five?

Mrs. Maniscalco: …going to do, this and that, I can give you the backup.

President Rattner: Well, they didn’t have any 60’s in stock.

Mrs. Labow: Fifty-five…

Mr. Roman: That’s bigger than my T.V.

Mrs. Maniscalco: Yes, do you want me to read the description that they have on the P.O.?

Mr. Perkins: That’s a lot bigger than mine, too.

Mrs. Labow: Mr. Greenbaum, is this a good price? I know you have like a…

Mr. Greenbaum: I’m sorry, how much was the price?

Mrs. Labow: $2,559 for a fifty-five inch Samsung.

Mr. Greenbaum: For a fifty-five inch, very good price.

Mrs. Labow: Okay.

Mr. Greenbaum: It’s got to be a, it’s a fifty-five inch?

Mr. Perkins: Yes.

Mr. Sohl: It also had to have a wide scope of viewability.

Mr. Greenbaum: Fifty-five inch has to be a plasma if it’s a widescreen because 52 is the LCD size. It’s a very good price.

Mrs. Labow: Okay, I knew you’d be the expert on that.

Mr. Sohl: I questioned it too the first time I saw it.

Mrs. Labow: Okay, thank you.

Mrs. Maniscalco: Do you want me to give you more of a description, Colleen, of exactly what they’re doing there?

Mrs. Labow: No.

President Rattner: I don’t think there’s any need. We know it’s a T.V.

Mrs. Labow: I just, I haven’t priced that size. I figured Mr. Greenbaum has and would know. Thank you.

President Rattner: But they are going to be illegal in California.

Mrs. Labow: Why?

Mr. Perkins: I’ll tell you that I’ve looked at a lot of them but just can’t afford one.

President Rattner: Because of energy conservation. They are actually passing a law to ban them.

Mrs. Labow: Really? Because they take up a lot of electricity?

President Rattner: Doing a lot of silly stuff out there.

Mr. Roman: …my T.V. It’s nice and warm.

President Rattner: Anyway, any other questions on the Bill List? Anybody from the audience, from the public who has any questions on the Bill List?

APPROVAL OF MINUTES OF PREVIOUS MEETINGS

President Rattner: Moving right along, we have approval of Minutes from the previous meetings. Mr. Mania, would you move the two sets of Minutes?

Mr. Mania: I move for approval of:

October 13, 2009 Workshop & Public Meeting

Mr. Greenbaum: Second.

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

AYE

President Rattner: Anybody opposed or abstain?

CORRESPONDENCE

LETTERS FROM RESIDENTS/ORGANIZATIONS

1. Newsletter received October 13, 2009, from the Land Conservancy of New Jersey regarding Outdoor Issues.

2. Letter received October 16, 2009; from Tariq Mahmood, Ph.D. regarding 226 Route 206, Flanders NJ, approved Site Plan.

3. Email received October 19, 2009, from the New Jersey Managed Districts Association regarding the League of Municipalities in Atlantic City November 18th and 19th.

4. E-mail received October 21, 2009, from New Jersey 2-1-1 regarding FYI October Events.

RESOLUTIONS / ORDINANCES / CORRESPONDENCE OTHER TOWNS

5. Resolution received October 13, 2009, from Rockaway Township regarding Health Care Coverage for older Americans and Veterans.

6. Ordinance received October 16, 2009, from the Borough of Netcong regarding Land Development Procedures of the Code of the Borough.

7. Ordinance received October 16, 2009, from the Borough of Netcong to Permit Accessory Apartments in the Borough Center District.

8. Letter received October 19, 2009, from the Township of Mendham regarding a Resolution Supporting Legislation to Eliminate the Route 24 Extension from the Official State Map.

9. Email received October 19, 2009, from the Borough of Netcong regarding Resolution 2009-116 Opposing the Adoption of P.L. 2009, C.118 and its Applications Statewide.

10. Email received October 20, 2009, from the Township of Boonton regarding an Adopted Resolution Apposing the Adoption of P.L. 2009, C. 118 and its Application Statewide.

DOT / DEP / LOI / HIGHLANDS

11. Letter received October 13, 2009, from Maser Consulting regarding Mt. Olive MC, LLC.

12. Letter received October 14, 2009, from the State of New Jersey Department of Transportation regarding the Fiscal year 2010Municipal Aid Program for Wolfe Road Resurfacing.

13. Letter received October 16, 2009, from Vanasse, Hangen, Brustlin, Inc. (VHB) regarding a Proposed Pharmacy, Route 46 and Woodsedge Avenue.

14. Email received October 20, 2009, from the New Jersey Highlands Council regarding Support for Ballot Question #1.

15. Letter received October 22, 2009, from the State of New Jersey Department of Environmental Protection regarding H.K.K. Superservice Incorporation.

16. Letter received October 22, 2009, from Careaga Engineering regarding Drakes Brook Park, 155 Flanders Netcong Road.

17. Letter received October 23, 2009, from the State of New Jersey Department of Transportation regarding Block 3700 Lots 1, 2, 3 and 4 (259 Route 46).

18. Letter received October 23, 2009, from the State of New Jersey Department of Environmental Protection regarding 440 Sandshore Road.

LEAGUE OF MUNICIPALITIES

19. E-mail received October 9, 2009, from the New Jersey State League of Municipalities regarding OPRA Suit Information Requested, Important Conference Session A Real Show S.T.O.P.er, Clerk’s Notice and Please Support the Raise Me Up Campaign.

20. Email received October 9, 2009, from the New Jersey State League of Municipalities regarding OPRA, Raise Me Up Campaign and COAH.

21. Email received October 12, 2009, from the New Jersey State League of Municipalities regarding an Important Conference Session Using the “New Media.”

22. Email received October 12, 2009, from the New Jersey State League of Municipalities regarding a Mayors Survey, New Media and Conference Luncheon Tickets.

23. Email received October 13, 2009, from the New Jersey State League of Municipalities regarding a Conference Consulting Session.

24. Email received October 14, 2009, from the New Jersey State League of Municipalities regarding an ARRA Reporting Update.

25. Email received October 15, 2009, from the New Jersey State League of Municipalities regarding Mandates Relief and Important Conference Session Budget Issues.

26. Email received October 15, 2009, from the New Jersey State League of Municipalities regarding Mandates Relief and Budget Sessions at the Annual Conference.

27. Email received October 16, 2009, from the New Jersey State League of Municipalities regarding the League’s Consulting Period.

28. Email received October 19, 2009, from the New Jersey State League of Municipalities regarding an H1N1 Update: National Conference Call, State H1N1 Weekly Announcement, Fraudulent H1N1 Products and Searches, Bi Weekly Federal Update Period Ending October 16, 2009, Important Conference Sessions – Ethics, and Visit our Interlocal Advisory Center.

29. Email received October 19, 2009, from the New Jersey State League of Municipalities regarding H1N1, OPRA, Federal Update, Ethics and More.

30. E-mail received October 21, 2009, from the New Jersey State league of Municipalities regarding Bills Signed by the Governor.

31. E-mail received October 21, 2009, from the American Family of Companies regarding Civic Memorials Showcasing at the New Jersey State League of Municipalities Show Booth #645.

32. Email received October 21, 2009, from the New Jersey State League of Municipalities regarding Important Conference Sessions Dealing with the Economic Crisis and EECBG Stimulus Funding Opportunity.

33. Email received October 22, 2009, from the New Jersey State League of Municipalities regarding an Ethics Seminar and Annual Conference Transportation Options.

34. Email received October 23, 2009, from the New Jersey State League of Municipalities regarding Attend the Consulting Period at the Annual Conference.

DCA

35. Email received October 13, 2009, from the State of New Jersey Department of Community Affairs regarding a GovConnect Update.

MORRIS COUNTY

36. Minutes received October 21, 2009, from the Morris County Planning Board regarding the September 17, 2009 meeting.

UTILITIES

37. Letter received October 19, 2009, from Comcast regarding Price Changes.

LETTER FROM LEGISLATIVE REPRESENTATIVES

38. Email received from Congressman Rodney Frelinghuysen regarding The Week Just Past, The Quiet Campaign for a Government Takeover of Health Care, Bad Idea of the Week: A New Tax on the Table, House Advances Picatinny Modernization, and Passenger Rail Line Moves Forward.

39. Letter received October 14, 2009, from the Offices of Senator Oroho, Assemblywoman McHose and Assemblyman Chiusano regarding funding from the Department of Transportation’s Fiscal Year 2010 Municipal Aid Program.

40. Email received October 16, 2009, from Congressman Rodney P. Frelinghuysen regarding the Week Just Past, “Junk Lawsuit” reform Works, Speaker Pelosi Forges Ahead on a Second Stimulus, Support for the Homeland Security Bill…with Reservations, House Approves New Sanctions on Iran, Bad Idea of the Week: Paying OPEC if we Stop Buying their Oil, Census Seminar: Maximizing New Jersey’s Count.

ORDINANCES FOR PUBLIC HEARING

President Rattner: Moving right along we have 40 items of Correspondence that have been received since the last meeting. Does anybody from the Council wish to address or make comment on any of the Correspondence? Seeing none, we’ll move right along for Ordinances for Public Hearing. The next item on the Agenda… I open the hearing to the public on Ord. #22-2009, entitled:

Ord.#22-2009 An Ordinance of the Township of Mount Olive to Amend the Permitted Uses as Set Forth in
§ 400-100 “Rural and Residential Districts” and in §400-101 “Nonresidential Districts” of Chapter 400, Entitled “Land Use” of the Code of the Township of Mount Olive to Include Antennas for Wireless Telecommunication Services and to Modify the Accessory Use Provisions in the Residential and Nonresidential Zone Districts to Include Equipment Associated with Said Antennas.

President Rattner: Is there anybody from the public who would like to address the Council on this ordinance? Seeing none, I close the public hearing and ask Mr. Greenbaum to move the ordinance.

Mr. Greenbaum: I move for approval of Ord. #22-2009.

Mr. Perkins: Second.

President Rattner: Any other discussion?

Mr. Greenbaum: Just very briefly, this is an ordinance that was pushed by the Planning Board with respect to existing structures to make it more efficient for someone who is looking to put up a wireless antenna to use existing structures, rather than to put up a new tower. So it makes it more attractive to use water towers and already existing facilities for antenna placement.

Mr. Perkins: No trees?

President Rattner: Thank you, Mr. Greenbaum. Any other comments? Roll Call.

ROLL CALL – Passed Unanimously

ORDINANCES FOR FIRST READING (second reading/public hearing November 10, 2009)

President Rattner: Ord. #22-2009 has passed on second reading, and I hereby direct the Clerk to forward a copy of same to the Mayor and publish a notice of adoption as required by law. Now we come to Ordinances for First Reading. The public hearing and second reading will be on November 10, 2009. The next item on the Agenda for First Reading is Ord. #23-2009, entitled:

Ord.#23-2009 An Ordinance of the Township of Mount Olive to Amend Section 400-109 (IV) Contained in Article IX Entitled “Development Fee and Affordable Housing Contribution” of the Code of the Township of Mount Olive.

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

Mr. Tobey: Yes, Mr. President. I move that Ord. #23-2009 be introduced by title and passed on first reading and that a meeting be held on November 10, 2009 at 7:30 p.m. at the Municipal Building, 204 Flanders-Drakestown Road, Mount Olive, NJ for a public hearing consideration of said reading and passage of said ordinance and that the Clerk be directed to publish, post and make available such ordinance in accordance with the requirements of law.

Mr. Perkins: Second.

President Rattner: Any discussion? Roll Call.

ROLL CALL – Passed Unanimously

President Rattner: The next item on the Agenda for First Reading is Ord. #24-2009, entitled:

Ord.#24-2009 An Ordinance of the Township of Mount Olive to Amend and Supplement Article VII Entitled “Zoning District Use and Bulk Regulations” of Section 400-100 Entitled “Rural and Residential Districts” of the Code of the Township of Mount Olive.

President Rattner: Mr. Perkins, would you move that ordinance?

Mr. Perkins: Yes, Mr. President. I move that Ord. #24-2009 be introduced by title and passed on first reading and that a meeting be held on November 10, 2009 at 7:30 p.m. at the Municipal Building, 204 Flanders-Drakestown Road, Mount Olive, NJ for a public hearing consideration of said reading and passage of said ordinance and that the Clerk be directed to publish, post and make available such ordinance in accordance with the requirements of law.

Mr. Mania: Second.

President Rattner: Thank you. Next… Oh, Roll Call.

ROLL CALL – Passed Unanimously

CONSENT RESOLUTIONS AGENDA:

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

CONSENT RESOLUTIONS (1-3 & 5 & 6)

1. Resolution of the Township Council of the Township of Mount Olive Awarding a Contract to Verizon Wireless & Metro PCS for the Lease of Space on Township-Owned Water Tanks for the Placement of Wireless Communication Antennas and Equipment. PDF Resolution

2. Resolution of the Township Council of the Township of Mount Olive Authorizing the Mt. Olive Soccer Club and Mt. Olive Jr. Marauder Football Association to Develop Practice Fields at Turkey Brook Park. PDF Resolution

3. Resolution of the Township Council of the Township of Mount Olive Awarding a Contract to Andy-Matt Inc. for the Turkey Brook Park Bike/Pedestrian Path Project. PDF Resolution

4. Resolution of the Township Council of the Township of Mount Olive Authorizing Electrical Upgrades for the Seward House and the Veterans Memorial at Turkey Brook Park. PDF Resolution *REMOVED

5. Resolution of the Township Council of the Township of Mount Olive Authorizing the Reduction in Performance Guarantees in Connection with Seneca Highlands Corp. PDF Resolution

6. A Resolution of the Township Council of the Township of Mount Olive, County of Morris, State of New Jersey Authorizing a Further Extension of Time to Rachel Manor Properties, LLC Within Which to Complete Improvements. PDF Resolution

President Rattner: Okay, next we come to the Consent Resolutions Agenda. As we stated before, number four has been removed. After the motion is made for the Consent Resolutions we will be making a modification to number one and to number two. So, Mr. Roman, would you move Consent Resolutions one through three and five and six?

Mr. Roman: I move for approval of Consent Resolutions one through three, five and six.

Mr. Perkins: Second.

President Rattner: Okay, it’s been moved and seconded. Now, in resolution number one there is a change in the wording. Does somebody want to make a motion to amend resolution number one?

Mr. Perkins: I make a motion that we amend resolution number one to denote that both Verizon and Metro P.C.S. have provided the “highest” instead of the “lowest” bids.

Mr. Greenbaum: Second.

President Rattner: Okay, it’s been moved and seconded. Now we’ll take a vote on the modification. Roll Call.

ROLL CALL – Passed Unanimously

President Rattner: Now on resolution number six…

Mrs. Labow: Two.

President Rattner: I’ll let Mr. Dorsey read the additional item and then it’ll be moved and seconded and we’ll vote on this amendment.

Mrs. Labow: Steve, two not six.

Mr. Greenbaum: Two.

President Rattner: Oh, two, I’m sorry.

Mr. Dorsey: In that resolution this will be item number six in the “Therefore Resolved” clause. “All construction shall be approved and supervised by the Township Engineer or his appointed representative to ensure its appropriateness within the Turkey Brook complex.”

Mr. Greenbaum: I’ll make such a motion.

Mrs. Labow: Second.

President Rattner: Is there any other discussion? Okay, Roll Call on the…

Mr. Dorsey: Wait a minute…

ROLL CALL – Passed Unanimously

President Rattner: Now we’ll take a vote on the Consent Resolutions as amended.

Mr. Greenbaum: Did you open it to the public already?

President Rattner: Oh, no, sorry. Thank you. I’ll open it to the public. Anybody from the public who would like to address the Council on any item on the Consent Agenda? Seeing none, I close the public portion and ask for a Roll Call.

PUBLIC PORTION ON CONSENT RESOLUTIONS – none

COUNCIL COMMENTS ON CONSENT RESOLUTIONS

Mrs. Labow: Can I ask a question about number two before we finish voting, or is it too late? I just want to know who is going to absorb the cost of the engineering to inspect the fields.

Mr. Dorsey: Well, I think the Township must do that to insure that the new construction that is being done fits within the context and doesn’t interfere with existing fields.

Mrs. Labow: Okay, I just want to make sure.

Mr. Dorsey: …protection you want.

President Rattner: I think that’s reasonable.

Mrs. Labow: I think it’s reasonable. I just know that the question will come up later on so I just wanted to put it out there. My vote is yes.

ROLL CALL – Passed Unanimously

RESOLUTIONS NON CONSENT

President Rattner: Okay, next we have Resolutions on Non Consent. These were added after the Agenda was put together. Before we move resolution number seven, Mr. Perkins, do you want to give some background on this because it came from the Board of Health?

Mr. Perkins: Yes, thank you, Mr. President. About two months or so ago Mr. Wilpert had put together a proposal and made that offer to the Borough of Wharton to provide them with health services as a shared service and interlocal services agreement. That stretched on for a little while. The competition was pretty severe between Rockaway, Roxbury and ourselves. They had already dealt with Roxbury and were not overly happy with the service that they had received. Subsequently our bid was chosen and starting at the beginning of the year we will now, pending of course the Council’s approval of this, we will be able to move forward with also providing health services to Wharton which will then bring our total to three other municipalities that we share health services with.

Mr. Greenbaum: What is the benefit to Mount Olive in terms of…?

Mr. Perkins: We gain about $4,000 a year over and above what the cost is which is totally paid for by Wharton.

Mr. Greenbaum: Okay, good. Thank you.

President Rattner: Mr. Sohl?

Mr. Sohl: Basically, Mr. Perkins just offered… Essentially, it costs us less to provide the service than it does for the revenue, and it costs Wharton from the benefit basis less outlay than if they had to do it in-house.

President Rattner: Mr. Roman and then Mrs. Labow.

Mr. Roman: Are we having to hire any new staff to accomplish this?

Mrs. Labow: Yes.

Mr. Perkins: Yes.

Mr. Sohl: Yes, part time, no benefits.

Mr. Perkins: Paid for through the contract.

Mr. Roman: In the event that the contract terminates, that extra employee…

Mr. Sohl: It’s a three year contract.

Mr. Roman: In the event when that contract terminates, does that employee have to be absorbed into the…?

Mr. Sohl: No.

Mr. Roman: Okay.

President Rattner: Mrs. Labow?

Mrs. Labow: The other thing I want to mention, the benefit of bringing on another Township or City, Town, whatever with the health services is that it also bumps up our population base, and the population base affords us higher grant monies and things of that nature, overall. So it’s a really good thing all the way around and I congratulate Mr. Perkins and Mr. Wilpert for doing a great job.

President Rattner: I think also we have to remember when we took on the second additional Town which was Mount Arlington, we actually put money in the budget for the possibility that we’d have to hire a part time to cover because of the level of service. The Health department was able to absorb it all within their current staffing and so that was never done. Now, again, it’s only going to be on an as needed basis. So we’ll definitely come up because the incremental cost from us is considerably lower than what we’re going to be getting in revenue. Okay, Mr. Perkins, do you want to move that?

Mr. Perkins: Yes, I move for adoption of Non Consent Resolution number seven.

7. Resolution of the Township Council of the Township of Mount Olive Authorizing an Interlocal Health Services Agreement with the Borough of Wharton for the Provision of Health Services Pursuant to the Interlocal Services Act (N.J.S.A. 26:38A2-1 et seq.). *ADDED

Mrs. Labow: Second.

President Rattner: Any discussion? Anybody from the public who would like to address the Council on this resolution? Seeing none, Roll Call.

ROLL CALL – Passed Unanimously

President Rattner: The next resolution, number eight, Mr. Greenbaum?

Mr. Greenbaum: I’ll move it.

8. Resolution of the Township Council of the Township of Mount Olive Authorizing the Adoption of Mount Olive Identity Theft Policy. *ADDED

Mr. Perkins: Second.

PUBLIC PORTION ON INDIVIDUAL RESOLUTIONS

President Rattner: Anybody from the public who would like to address the Council on this resolution? Mr. McDonnell?

Ned McDonnell, Budd Lake: We are talking about resolution eight, correct?

President Rattner: Number eight, yes.

Mr. McDonnell: Is this just a feel good resolution? Aren’t there laws in effect now for…?

President Rattner: This is actually a new regulation from the State saying we have to adopt a formal ordinance saying exactly how we’re going to protect the personal data. In fact, the State provided us with the model ordinance or resolution to adopt.

Mr. McDonnell: It’s a resolution not an ordinance.

President Rattner: It’s a resolution, yes.

Mr. McDonnell: And the State is requiring it?

President Rattner: Yes.

Mr. McDonnell: Okay, thank you.

President Rattner: And it has to be done by November 1st. The Administration provided it to us about a month and a half ago. We said we wanted time to look at it. Now is the time that we have to make the decision, but it is the State model.

Mr. McDonnell: If the law is in effect, why is the State requiring you to do this? What’s the purpose of it?

Mr. Dorsey: So that there’s a record that we knew that we had to comply with the State statute.

Mr. McDonnell: Okay, thank you.

President Rattner: Anybody else? I’ll close the public portion.

Mr. Greenbaum: There’s a typo in the “Now Therefore” clause of the resolution. I assume it was meant to say County of Morris instead of County of Moths.

Mrs. Lashway: That’s what happens when you use a scanner.

Mr. Greenbaum: I understand. It should be corrected, that’s all.

President Rattner: The correction is noted.

Mr. Greenbaum: Thank you.

Mrs. Lashway: The correction was made. It wasn’t made in the one in your packet.

Mr. Greenbaum: Oh, okay.

Mr. Perkins: Considering the DEP figures that we don’t have any gypsy moth problem up here, right?

President Rattner: Okay, Roll Call.

COUNCIL COMMENTS ON INDIVIDUAL RESOLUTIONS – none

ROLL CALL – Passed Unanimously

Mr. Greenbaum: Can we get another Non Consent related to videotaping of the Council meetings on a going forward basis once the channel is put in place? Is that something that you can do, Mr. Dorsey, or is that something that should be done at the next public meeting?

Mr. Dorsey: I would do it at the next public meeting and do it by a formal resolution.

Mr. Greenbaum: Thank you.

MOTIONS

President Rattner: Thank you. That’s all we’ve got on resolutions. Motions, oh no. No raffles or anything else this month? The only motion we have is the Bill List?

Mrs. Lashway: Yes.

President Rattner: Mrs. Labow, would you move the Bill List now that you’ve got all of your questions answered?

Mrs. Labow: I move the Bill List.

1. Bill List.

Mr. Perkins: Second.

President Rattner: Any other comments? Roll Call.

ROLL CALL – Passed Unanimously

ADMINISTRATIVE MATTERS

President Rattner: Next we have Administrative Matters. Anything additional?

Mr. Sohl: Just that we have a flu dispersement session on Saturday. We’re expecting a really big crowd.

Mr. Roman: Bill, is that for the nasal or the injectable?

Mr. Sohl: I believe it’s H1N1.

Mr. Perkins: Nasal is Thursday and injectable is on Saturday.

President Rattner: Do you know how much injectable we’ve got?

Mr. Perkins: We have 1,000.

President Rattner: Oh, it came in.

Mr. Perkins: Yes, we have 1,000. We’re actually… Do you want me to report on that now, Mr. President?

President Rattner: No, if you’re going to report on it later we can report on it later.

Mr. Perkins: I’ll report on it under Committees.

President Rattner: Mrs. Jenkins (Maniscalco) also had her hand up.

Mrs. Maniscalco: Just real quick, we’re wrapping up the Water and Sewer Study that we normally do at this time so I’m hoping to get that on the next Agenda. We may need to modify the water ordinances we had talked about in the prior year, but we can talk about that further.

President Rattner: No surprises then?

Mrs. Maniscalco: No.

OLD BUSINESS – none

NEW BUSINESS –none

LEGAL MATTERS

President Rattner: Good. Any other Administrative Matters? Moving right along, do we always put Old Business before Legal Matters? Okay, any other Old Business? Any New Business? Legal Matters?

Mr. Dorsey: I think I’ve reported to the Council on everything.

COUNCIL REPORTS

Recreation Liaison Report

President Rattner: Okay, Council Reports. Recreation Liaison Report, Mr. Roman?

Mr. Roman: Nothing to report.

Board of Health Report

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

Mr. Perkins: Thank you, Mr. President. We’ll be holding two clinics this week. The nasal will be on Thursday. Saturday will be shots. Right now we have 1,000 doses to be administered. It is on a first come first served basis. We are looking to pick up about another 1,000 – 2,000 doses from Hanover I believe. Mr. Wilpert and I just spoke prior to the meeting. The protocol is women that are pregnant, young children, and then you move up the scale. Then you get into the teenagers into the college level. After that we move into the senior level. Right now it’s not recommended for any of us immune-suppressed people or anybody that’s had transplants, such as myself, to get this shot. We were getting about one call every three minutes in the Health department for the past two days. So there is a lot, since it is a Federal program we can’t turn anybody away. So we actually have people coming from Manhattan and we have people coming all the way up from Cape May to come and get their shots. Of course my question was well can’t we, we’re Mount Olive, and because it’s a Federal program we cannot turn anybody away. So it is a first come first served basis. So if you do know people that fall into that category, it really is affecting the younger children. It seems that folks my age and older, we’ve built up an immune system over the time and it’s really not affecting us and the outbreak doesn’t appear, at this point, to be as severe as it was among college students where it had originated or at least we had thought, like with NYU and all. It’s a little bit of good news, but again, the clinic is there. If you want the nasal that’s Thursday. They have taken care of most of the first responders. They were the first to be done here in the Township. They all should have received theirs so that’s all taken care of.

President Rattner: Mr. Greenbaum?

Mr. Greenbaum: Yes, Ray, anecdotally it seems to me that I’ve heard a lot about swine flu coming through Mount Olive through the first round, and I’m not hearing so much about it now, where I’m hearing about it in other locations that may not have gotten it through the first time that it came through. Is that what you’re hearing?

Mr. Perkins: We haven’t seen a huge outbreak yet in Morris County. It’s been rather docile. I think mostly what they’re attributing it to is the good hygiene and sanitation effects that were instituted in the summer time where they’ve gone in and completely cleaned up the Schools. The children have been away. The children have been more educated of what they need to do to be able to protect themselves. Parents are more aware. So we’re not seeing that big rush that we had seen before. You’re right. It is almost anecdotally that it’s working.

Mr. Greenbaum: Good.

President Rattner: Okay, and the last thing I’d just like to add, this is a Federal program that we got a grant for which means that the program is free. You just have to show yourself, sign the release, you get the shot, and there is no charge regardless of age. In the past, regulation flu shots we charged a $15 fee or a Medicaid card. This one is for any, I guess it’s not just residents. Anybody who shows up can get the shot at no cost. So cost should not be a reason not to get it and everything else is just a personal decision.

Mr. Perkins: And you just sign a statement that you’re saving us hold harmless in case something goes wrong.

President Rattner: Yes, that’s why I said sign the release statement. Okay, thank you very much. That’s good news that they came in so people who want to get it can get it and not worry about what’s going to happen going forward.

Mr. Perkins: That’s right. We’re ready.

Planning Board Report

President Rattner: Okay, Planning Board Report?

Mr. Greenbaum: Very light Agenda at our last meeting. I think the major application was by the new bank down in Sutton Plaza. They had some issue with respect to garbage. They had originally, when they came in, indicated that they didn’t need any garbage dumpsters because they were going to do offsite removal of their garbage. I guess a lot of their garbage actually gets shredded so that they don’t have that much.

President Rattner: That’s right. They have a company.

Mr. Greenbaum: At this point they had come in and they wanted to do a dumpster enclosure for basically what’s in the middle of the parking lot, because you know where the building is. So that actually got deferred and they’re going to come back on that, and that really was the only issue that we dealt with at the Planning Board meeting, but as I said, the Ordinance Committee met and were it likely to see, come the beginning of the year, some request from the Planning Board for zone change with respect to certain properties that are ripe for commercial development.

Mrs. Labow: Did CVS come yet, Rob?

Mr. Greenbaum: CVS came to the Board of Adjustment.

Mrs. Labow: Oh, they went to the Board of Adjustment.

Mr. Greenbaum: That hasn’t come up yet. That’s the next thing.

Board of Adjustment Liaison Report

President Rattner: Board of Adjustment Report then.

Mr. Greenbaum: CVS came in.

Mrs. Labow: Gee, did you hear that before?

Mr. Greenbaum: I wasn’t there. Do you know if it was approved, Ray?

Mr. Perkins: I don’t know.

Mr. Greenbaum: I don’t know whether or not it was approved. I think it was approved based upon the report that I had gotten that they expect that there’s actually going to be construction there within the next couple of months. So I thought that it had been approved. That was before the Board of Adjustment last month.

Open Space Committee Report

President Rattner: Thank you, Mr. Greenbaum. Open Space Committee Report, Mrs. Labow?

Mrs. Labow: Nothing to report. We meet next month.

President Rattner: Mayor, you and company went down and made the presentation for County Open Space?

Mayor Scapicchio: We did, last Thursday.

President Rattner: And it went very well?

Mayor Scapicchio: You know, they don’t give you any indication. I mean, we felt good when we left. We put on a good presentation and hopefully we’ll get what we requested.

President Rattner: And that’s over 1,000 acres with a minimal amount of Township money. That’s not for profits, County and State that’s going to fund basically 99% of the costs, correct?

Mayor Scapicchio: That is correct. I mean, I think that at the end of the day we’re going to have to, as a group, decide how we want to fund our portion whether we bond for it or it comes out of Open Space. That may depend upon what Council believes may be a future use for the 30 or 31 acres…

President Rattner: Well, that’s separate.

Mayor Scapicchio: Yes, it was a good presentation. They asked some good questions. We had the answers for them and we felt good when we left.

Legislative Committee Report

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

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

Pride Committee Report

President Rattner: Pride Committee Report, Mrs. Labow?

Mrs. Labow: Pride Committee is working on getting the holiday snow flakes and banners up and just having a few issues with some of our contract with the American Flag Company which we’re hoping to resolve shortly.

Board of Education Liaison Report

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

Mr. Roman: Congratulations to the Mount Olive High School band on winning their competition this past Sunday which qualifies them to move on to the States. If only our Football team was half as good.

Mrs. Labow: Now, everybody tries hard.

Mr. Roman: The School Design Committee met last week. Unfortunately it was at the same time as the debate. So I’m sure the debates would have had greater attendance had that meeting not have been held. Also, I’d like to thank Scott Ireland and his Mount Olive Viewpoint Blog. The Board of Education Bill List is now going to be available for public viewing, unfortunately, retroactively. It is my hope that the Board of Education will in the future sign on to the Transparency in Government Act that I believe we will be signing on to.

Mr. Dorsey: That’s right.

Lake/Environment Issues Committee

President Rattner: Thank you, Mr. Roman. Lake Environmental Issues, I have nothing to report. Safety…

Mrs. Labow: I had a question for you about that. How did the treatment go this summer, the SONAR treatment? Do you know?

President Rattner: Well, the reports I got, I think the last report was from Mrs. Murphy probably around the end of August or beginning of September. They had to come back and do some spot treatment but I think they think that it went rather well. The users of the Lake think it went very well. They had very, very little problems. There’s a marked improvement in the water quality.

Mrs. Labow: When will we know about next year’s treatment?

President Rattner: Well, it depends whether it’s a budgetary item. Also, I think if you remember we were hoping to do the big treatment and then the next two years would be maintenance, and because of a different problem it was another big treatment for the second year. Hopefully, since this is the third year, it would just be some spot areas because it takes time for weeds to reseed themselves.

Mrs. Labow: Thank you.

Safety Committee Liaison

President Rattner: Safety Liaison?

Mr. Perkins: No meeting, Mr. President.

Economic Development Committee Report

President Rattner: Economic Development Committee Report, we haven’t met. Library Board liaison, Mr. Tobey?

Library Board Liaison

Mr. Tobey: Nothing to report.

Mayor Scapicchio: Steve, I can add to that. The Library about a month ago added a coffee bar in the entrance way, minimal cost. It’s been successful. The users of the Library love it and we actually had a little motorized car donated to the Library for seniors and people with disabilities that can’t necessarily walk real well around the Library. They can sort of scoot around now.

President Rattner: I didn’t know about the coffee thing. I mean, we should advertise that. Is it cheaper than 7 - Eleven?

Mr. Greenbaum: Oh my god.

Mrs. Labow: Seventy-five cents.

Mayor Scapicchio: And it’s better too.

Mrs. Labow: It’s seventy-five cents and you have a selection.

Mayor Scapicchio: We only had one complaint and they thought it should be free.

President Rattner: Tell them to get a flu shot.

Mrs. Labow: I have a question, Steve.

President Rattner: Mrs. Labow.

Mrs. Labow: Mayor, how are the contract negotiations going with the employees at the Library?

Mayor Scapicchio: Well, as you are well aware it was postponed and we have another…

Mr. Greenbaum: The Library.

Mrs. Labow: Not ours, the Library.

Mayor Scapicchio: Oh, the Library. They’re moving slowly. I know what’s been put on the table. If at some point you guys want to have an executive session we can certainly share that with you.

Mrs. Labow: When did they get a Union?

President Rattner: I think we have our own issues.

Mr. Greenbaum: That’s not within our purview.

Mrs. Labow: That’s not, yes. When did we get a Union over there?

Mayor Scapicchio: This year.

Mrs. Labow: This year. Thank you.

Senior Citizen Liaison

President Rattner: Okay, Senior Citizen liaison, Mrs. Labow?

Mrs. Labow: I have nothing to report, but Mr. Perkins, he has a mainline into the senior citizens.

Mr. Perkins: Thank you, Mr. President. Yes, Madam Vice President, this past Tuesday was the senior’s Halloween party. They did have a nice turnout. They had close to 200 people that showed up. They all had a nice time. I had an interesting talk with Mrs. Ruggiero, with Marie, and she’s getting ready to write another letter. So we should be getting a letter coming back to us shortly for what they believe wasn’t done, or still needs to be done over there in the building.

Mr. Roman: They are recommending…

President Rattner: I know I’ve talked to a couple different people and they still have a continuing problem that they don’t like the maintenance.

Mr. Perkins: Well, I’ve got to tell you, Steve, when I looked at the tables over there, we’ve got to get somebody that cleans those a lot better. There’s got to be some issue where we’re utilizing that building during the evenings and, Colleen, maybe since you’re the liaison you want to get together with Daniel and maybe hookup with Diane Brochu. We’ve got to do something because they’re coming in after the nutrition program. The next day the place, it just…

Mrs. Labow: They’re not cleaning up after their nutrition?

Mr. Perkins: They’re not doing a very good job.

Mrs. Labow: I’ll take care of it.

President Rattner: Go ahead, Mr. Roman?

Mr. Roman: Is our cleaning company supposed to be in there cleaning that up?

Mr. Perkins: Yes.

Mr. Roman: Was that in the scope of their contract? Were we aware of that?

President Rattner: Well, the nutrition, I think the contract that we had with the County for the nutrition site, they have a certain responsibility for maintenance on the three days that they are there a week. Isn’t there?

Mr. Perkins: I believe so.

President Rattner: I mean, we have our responsibilities but they have the responsibility to clean up after themselves too, because that’s open to any County resident also.

Mr. Roman: Alright, because if the cleaning contract states that they are supposed to be in there to clean the senior building too, then I would be in favor of withholding payment until that issue gets resolved and is satisfactory.

Mr. Sohl: We’re already looking into issues relative to the cleaning contract. We’re working with John’s office, Dominic in particular.

President Rattner: Mr. Tobey?

Mr. Tobey: Didn’t we discuss the cleaning contract at a previous meeting recently in terms of performance and lack of a bond?

President Rattner: Yes, two meetings ago.

Mr. Tobey: Just piggybacking on what Mr. Roman said.

Mr. Roman: I believe that we also have the authority not to even authorize a check.

Mr. Sohl: We’ve been documenting aspects. I don’t have an update for you at the moment.

Mrs. Maniscalco: We got an opinion from Fred. I actually contacted him while John was out relative to how we’re going to handle the cleaning contract issues. Jim has done a great job documenting it. The issue is how Mrs. Maniscalco (cont’d): do we go about it from here in terms of, you know, potentially withholding payment, voiding the contract, things like that. So we are working on it.

Mr. Greenbaum: It sounds like the Administration is on top of it at this point.

Mrs. Maniscalco: We are.

Mr. Greenbaum: I think we just need to have an update.

Mr. Roman: If at all possible I’d like to be copied on some of that stuff too.

President Rattner: Okay, anything else on senior citizen issues?

Mr. Perkins: Except they want a new photocopier, that’s it.

President Rattner: Okay, now we’ll come to the public portion. Anybody from the public can discuss anything they would like with the Council at this time. Is there anybody from the public that would like to address the Council at this time? Seeing none, I’ll close the public portion and go to final Council comments. At this time I will say that when we finish the Council comments, we will go into executive session. It’s just to discuss a meeting that a couple of us attended along with the Attorney and with the Highlands on different issues with properties within Mount Olive. Those items, the information will be released when the issues are resolved and we will be taking no action tonight. It’s just an update. So with that, I’ll take final Council comments. Mr. Mania?

PUBLIC PORTION – none

COUNCIL COMMENTS

Mr. Mania: None.

President Rattner: Mr. Greenbaum?

Mr. Greenbaum: Go Yankees.

President Rattner: Mr. Tobey?

Mr. Tobey: Nothing, thank you.

President Rattner: Mr. Perkins?

Mr. Perkins: Nothing, Mr. President.

President Rattner: Mr. Roman?

Mr. Roman: It is with my hope that as we move forward and we contemplate the introduction of cameras in this venue that, one, it would be taken advantage of by the residents, and that also this ends up being an example for Board of Education meetings and other meetings that are of extreme public interest.

President Rattner: Thank you. Mrs. Labow?

Mrs. Labow: Nothing, thank you.

President Rattner: And I have nothing. With that, Mr. Perkins, would you move us into executive session?

Mr. Perkins: Yes, Mr. President, in accordance with Sections 7 & 8 of the Open Public Meetings Act, I make a motion that we move into executive session to discuss Highlands Commission Negotiations.

Mrs. Labow: Second.

President Rattner: All in favor?

AYE

Executive Session – Highlands Commission Negotiations

ADJOURNMENT

Motion was made and seconded, all in favor and none opposed, the meeting was adjourned at 8:30 pm.

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Steven W. Rattner, Council President

I, Lisa M. Lashway, Township Clerk of the Township of Mount Olive do hereby certify that the foregoing Minutes is a true and correct copy of the Minutes approved at a legally convened meeting of the Mount Olive Township Council duly held on November 10, 2009.

_________________________________
Lisa Lashway, Township Clerk

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