COUNCIL PUBLIC MEETING MINUTES - NOVEMBER 24, 2008

The Public Meeting of the Mount Olive Township Council was called to Order at 8:02 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

Absent: Mr. Tobey

Also Present: John Dorsey, Township Attorney; Sherry Maniscalco, CFO; Michelle Masser, Deputy Township Clerk; Bill Sohl, Business Administrator

Questions on Bill List?

President Perkins: Mr. Tobey, again, is representing the Mayor at a religious affair this evening. That takes us to the Approval of Minutes of Previous Meetings. Mr. Rattner, would you do those, please?

APPROVAL OF MINUTES OF PREVIOUS MEETINGS

Mr. Rattner: I move for the approval of:

November 10, 2008 CS, WS, PM, 2nd CS - all present (Mr. Perkins recused himself from the 2nd Closed Session)

Mrs. Labow: Second.

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

ROLL CALL – Passed with the exception Mr. Perkins abstained from the second Closed Session

CORRESPONDENCE

LETTERS FROM RESIDENTS/ORGANIZATIONS

1. Letter received November 10, 2008, from American Water regarding Ordinance 43-2008. PDF Correspondence

2. Letter received November 10, 2008, from the New Jersey Association of Senior Center Directors regarding a League of Municipalities Workshop entitled, Redesigning Your Senior Center for Today and Tomorrow. PDF Correspondence

3. Letter received November 13, 2008, from Chili’s Grill and Bar Mount Olive regarding a fundraiser for Matthew Bell, Wednesday November 19th, 11am – 11pm. PDF Correspondence

4. Email received November 17, 2008, from RVE Marketing (Remington & Vernick Engineers) regarding the New Jersey Clean Energy Program. PDF Correspondence

5. Letter received November 19, 2008, from H2M regarding Installation of the First Perchlorate Removal Plant in New York State. PDF Correspondence

6. Email received November 20, 2008, from NJ 211 regarding the creation of a Utility Assistance Guide. PDF Correspondence

RESOLUTIONS / ORDINANCES / CORRESPONDENCE OTHER TOWNS

7. Letter received November 20, 2008, from the Township of Hanover regarding a Resolution Supporting Assembly, No. A-2760 and Senate No. S-1785 – Enhanced Security for Municipal Court Facilities. PDF Correspondence

DOT / DEP / LOI / HIGHLANDS

8. Letter received November 10, 2008, from the State of New Jersey Department of Environmental Protection regarding a Morris County MUA Permit Application. PDF Correspondence

9. Letter received November 10, 2008, from the State of New Jersey Department of Environmental Protection regarding Wicklow & Laurano Properties, LLC, 262 Route 206. PDF Correspondence

10. Letter received November 13, 2008, from Ecol Sciences, Inc. regarding an Application for a Letter of Interpretation: Line Verification for R-G Waterloo, LLC, near the intersection of Continental Drive and U.S. Route 206. PDF Correspondence

11. E-mail received November 18, 2008, from the Musconetcong Watershed Association regarding a presentation for municipal officials and local residents of the Musconetcong Watershed communities entitled, Considering Highlands Plan Conformance in Your Community, presented by the New Jersey Highlands Coalition. PDF Correspondence

12. Letter received November 19, 2008, from the State of New Jersey Department of Transportation regarding receipt of $155,000.00 from the NJDOT’s Fiscal Year 2009 Municipal Aid Program for Flanders Bartley Road, Phase II. PDF Correspondence

13. Letter received November 20, 2008, from the State of New Jersey Department of Environmental Protection regarding a 3rd Time Extension for Minor Landfill Disruption Approval, Combe Fill North Landfill. PDF Correspondence

14. Letter received November 21, 2008, from Kolody Engineering & Surveying regarding Cholish property at Lot 29 Block 6900 (28-1 Bartley Road). PDF Correspondence

DOL

15. Email received November 17, 2008, from the State of New Jersey Department of Labor regarding the 2008 Governor’s Conference on Workforce and Economic Development. PDF Correspondence

COAH

16. Letter received November 13, 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 Goldmine Road. PDF Correspondence

17. Letter received November 20, 2008, from the State of New Jersey Council on Affordable Housing regarding Executive Order 114. PDF Correspondence

USDA

18. Letter received November 20, 2008, from United States Department of Agriculture, Farm Service Agency (FSA) regarding North Jersey News. PDF Correspondence

MSA

19. Letter received November 10, 2008, from the Musconetcong Sewerage Authority regarding an October 1, 2008 regular meeting. PDF Correspondence

MORRIS COUNTY

20. Minutes received November 14, 2008, from the Morris County Planning Board regarding a September 18th Regular Meeting. PDF Correspondence

21. Email received November 19, 2008, from the Morris County Board of Chosen Freeholders regarding County News. PDF Correspondence

22. Letter received November 20, 2008, from the Morris County Board of Chosen Freeholders regarding the 2009 Morris County Budget and an invitation to meet with the Freeholder Budget Subcommittee. PDF Correspondence

LEAGUE OF MUNICIPALITIES

23. Email received November 7, 2008, from the New Jersey State League of Municipalities regarding Municipal Holiday Displays, 93rd Annual Conference, and an Important Conference Session - Safe Streets and Neighborhoods. PDF Correspondence
24. Email received November 10, 2008, from the New Jersey State League of Municipalities regarding an Emergency CDBG Plan Amendment Process. PDF Correspondence
25. Email received November 12, 2008, from the New Jersey State League of Municipalities regarding Important New Information from the Division of Local Government Services. PDF Correspondence
26. Email received November 12, 2008, from the New Jersey State League of Municipalities regarding Important Conference Session – Strengthening Business Improvement Districts, COAH/Affordable Housing Update, and Levy Cap Waiver Request to be Considered. PDF Correspondence
27. Email received November 13, 2008, from the New Jersey State League of Municipalities regarding an Important Conference Session Sustainable Jersey (Formerly Green Future Roadmap.) PDF Correspondence
28. Email received November 14, 2008, from the New Jersey State League of Municipalities regarding Volunteers Needed for Community Emergency Response Teams, and A-2243 (Time Limits on Mediation and Fact Finding). PDF Correspondence
29. Letter received November 19, 2008, from the New Jersey State League of Municipalities regarding a Legislative Bulletin and Bills enacted as the Public Laws of 2008. PDF Correspondence
UTILITIES

30. Letter received November 12, 2008, from Comcast regarding a Channel Correction. PDF Correspondence

31. Letter received November 18, 2008, from PSE&G regarding a Notice of Tree Removal as Part of Vegetation Management Work. PDF Correspondence

32. Letter received November 21, 2008, from the State of New Jersey, Board of Public Utilities regarding a petition of Cablevision of Morris for renewal of a Certificate of Approval to continue to operate and maintain a cable television system in the Township of Mount Olive. PDF Correspondence

33. Letter received November 21, 2008, from the State of New Jersey Motor Vehicle Commission regarding ELS Limousine Service and a petition for certificate of public convenience and necessity for the conduct of intrastate regulator route operations. PDF Correspondence

DCA

34. E-mail received November 12, 2008, from the State of New Jersey Department of Community Affairs regarding a GovConnect Update for November 12, 2008. PDF Correspondence

35. E-mail received November 13, 2008, from the State of New Jersey Department of Community Affairs regarding Nominations for the 2009 Connie Woodruff & Wynona M. Lipman Awards. PDF Correspondence

TORT

36. Letter received November 10, 2008, from McDonnell Artigliere regarding a Notice of Claim for Scott Duncan v. Township of Mount Olive, Township of Mount Olive Police Department and Police Officers #1, #2, and #3. PDF Correspondence

President Perkins: We have 36 pieces of Correspondence listed. Any Councilmember wish to discuss any item? Mr. Rattner.

Mr. Rattner: For Mr. Dorsey. This is just a strange one. It’s almost comical I guess except it’s serious. It’s a tort claim. We got a tort claim for somebody who had a situation with our Police on the 26th of October, and filed a tort claim eleven days later. He’s suing because he says that our Police department set the dogs out on him according to the tort claim. We don’t have dogs.

Mr. Sohl: No, my understanding…

Mr. Rattner: Did we borrow dogs?

Mr. Sohl: My understanding is the alleged dog was in fact owned by the Sheriff’s department.

Mr. Dorsey: Aha.

Mr. Rattner: Okay, so go tell Mr. Rochford.

Mr. Tepper: Alleged dog?

Mr. Sohl: Alleged perpetrator dog.

Mr. Tepper: Was he bit?

Mr. Sohl: I presume. There’s no detail. They just file a notice.

Mr. Rattner: I just thought it was interesting. Do many tort claims like that get filed within ten days?

Mr. Dorsey: No. They’re supposed to file them within 90 days. It is unusual to get it within eleven days, but not unusual to get it within the 90 day period.

Mr. Sohl: I had the same question, Steve. I called the Chief’s office right away and said, “Did we sneak a dog in here?”

Mr. Rattner: Yes, the dogs left with Kane.

Mr. Sohl: That’s what I thought.

President Perkins: Any other comments or questions? Mrs. Labow.

Mrs. Labow: Yes, I just want to make a remark on Correspondence number three, Chili’s Bar & Grill in the International Trade Zone. They’re having a fundraiser for Matthew Bell, a young man who has a serious medical issue. They’re trying to raise funds and I just wanted to really say that Chili’s has really been unbelievable. I’ve been contacted by them several times for several groups that they belong to and they do run the fundraisers where they give a portion of their proceeds for the entire day. Take out, lunch, dinner and what we did for Project Graduation last year, they actually had all of their servers wear football Jerseys and Mount Olive colors. They really get into it and the Manager over there is actually a Mount Olive graduate. So any time you’re looking to raise funds, Chili’s is really absolutely fantastic and they help out tremendously. So I do want to publicly thank them for all of their effort in helping with the fundraising activities.

President Perkins: Excellent. Thank you. I’ll take a motion to take those 36 pieces of Correspondence into record.

Mrs. Labow: So moved.

President Perkins: Second?

Mr. Rattner: Second.

President Perkins: All in favor?

AYE

ORDINANCES FOR PUBLIC HEARING

President Perkins: That moves us on to Ordinances for Public Hearing. I open the hearing to the public on 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: Anyone from the public wish to be heard on that Ordinance? Seeing none, I close it to the public…

Pasquale Dattolo, 141 Route 46, Budd Lake: I’d like to say something…

President Perkins: Name and address for the record, please.

Mrs. Labow: I can’t hear you.

Mrs. Masser: Can you speak into the microphone?

Mrs. Labow: You can pull it down.

Mrs. Masser: There you go.

Mr. Dattolo: My name is Pasquale Dattolo, 146 (141) Route 46, Budd Lake Plaza.

Mrs. Masser: You have to speak into the microphone.

Mr. Dattolo: Budd Lake Plaza.

Mr. Rattner: Pull it down. Pull it close to you.

Mr. Dattolo: I’d like to say that this ordinance is unfair to Budd Lake businesses. I’d like you to consider, because what you’re doing I don’t think is right. You are going to put a lot of people out of business. You already put Perkins out of business because your sewer utility is so expensive. So anybody should have the right to stay in business. Reconsider to use the same system I use in Flanders. It charges 66% more over Flanders to be fair. So the sewer can keep people in business and make everybody happy, you’ll be receivable. You’ll treat everybody visible because everybody has a right to stay in business. So because there is no difference from one to the other, there is no business because say somebody has a studio room. They pay 20,000 square feet or 200 square feet, they pay the same. So there is no difference. Also, the people who come to the Laundromat they pay the fee already. One guy says we’re being put out of business but it’s not. You get paid twice because of the people, they unfortunately can’t afford it with their big house. They’ve got a room. They’ve got no room for washer and dryer and they pay the same at 20,000 square feet and 200 square feet. It’s the same. So there’s no difference for bigger businesses or small businesses because the Mini Mart, it uses 20 or 30 gallons a day and you charge 1 EDU, 217 gallons. So everything is the same. There’s no difference at all. So I wish you to consider, try to do the right thing. I know the sewer costs more money in Budd Lake, but remember, too, we are 100 square feet at 800,000 gallons per day before. Now, we’ve got 1 million gallons a day. So you should increase it. We pay a lot more money then and we guarantee 10,050 gallons per day so that each EDU should be more. It should be 350, not 217 a gallon per day. So it’s, I think it’s, because a lot of people are going to be out of business, people who struggle to buy a business. We’re the people that pay the rent late. You have increased also the tax for the last years and no increase because we don’t want to put them out of business. We feel sorry for this thing. So you might say we don’t have to pay anything for the sewer. We will pay for the sewer whatever it is, we paid $300,000 in lawyer fees already.

Mr. Dorsey: Well that didn’t come to the Township, Mr. Dattolo.

Mr. Dattolo: So $300,000 we paid already. The first time it cost me $30,000 to go over there. So I want you guys to use the same system over there, in Flanders, even to go up to 200% because between the residential there and the residential here, they pay 67% more. The businesses should be treated the same. 66% more to the other one, but if you want to go up 100% but not 1200%. I wish you would reconsider that and it would be nice of people to understand between right and wrong and try not to put people out of business. Thank you very much.

President Perkins: Thank you, Mr. Dattolo.

Mr. Dorsey: Let me just say for the record that Ord. #51-2008 embodies the Township’s longstanding policy and the formula that is set forth in Ord. #51-2008 is the one approved by the Court back on September 22nd. I can understand a layman’s hostility to the fact that the charges in the Budd Lake system are higher than those in the Cloverhill system. The fact of life is that every sewer system in this County has a different history. Cloverhill’s system, if you recall, was built by a developer. The entire cost was assumed by the developer and then the system was turned over, as I understand it, at no cost to the Township. The Budd Lake system is entirely different. There were no grants, federal or State grants for the Budd Lake system. Everything had to be paid for by the users of the system other than the 18% for the repaving of roads, etc. So every sewer system has a different financial history and that financial history essentially dictates exactly what the rates have to be in order for the systems to comply with the basic principle that they be self-liquidating.

Mrs. Labow: I have a question.

President Perkins: Mrs. Labow.

Mrs. Labow: Currently, all of the residents on the Budd Lake sewer system are actually paying extra because some people, some businesses are not paying what they’re supposed to be paying. Is that correct?

Mr. Dorsey: Well, the argument is, I shouldn’t say the argument. The fact of the matter is that if a user of the system does not pay, then all of the other users of the system must subsidize the system. That arises from, I think it’s Section 167-179 that requires it to be self-liquidating. We do not take any monies from general taxation to subsidize the system. That was another principle that was adopted by this Council, along with the Mr. Dorsey (Cont’d): fact that the systems are to be self-liquidating. So, it may create inequities from one standpoint. On the other hand if everybody doesn’t pay then everybody has to subsidize those who don’t pay.

Mrs. Labow: Thank you.

Mr. Dattolo: Can I say something? What it is here, we’ve got a lot of people in Budd Lake that pay sewer on the land. You know that. You said vacant land that they pay sewer system service. They pay sewer. So if there is a surplus it’s coming from Budd Lake. They’re not coming from Flanders because if Flanders less than ten years, you know the labor if you’re in business, you know the labor goes up. You know that soap goes up ten times so why are you not charging anymore then to them. I mean, the service would go up with the sewer. Everybody knows it. Go to buy laundry, soap, everything, go three or four times in the next ten years…not even a penny over there. You give a tax break to them. Yes, you give a tax break of 5% to them in Flanders. You go down the taxes to everybody, right?

Mr. Tepper: It’s a self-liquidating utility so each one has separate costs. So if the cost of one is less than what we projected…

Mr. Dattolo: But you give, here in Budd Lake, 5% less too.

Mr. Dorsey: It was a 5% reduction.

Mr. Dattolo: Reduction, yes, whatever. So why do you give a reduction when the soap goes up? Everything, the service goes up. So the surplus is in Budd Lake. You’re wrong, you say no, residential are not tied in the interest of somebody else. The residential, I went to review, I went to review the expert to say, okay, go to this place… You know Lake Hopatcong, how much they pay for residential?

Mrs. Labow: It’s a different system. It’s not comparable.

Mr. Dattolo: They pay $275 for each EDU for each house over there. So you say you pay a lot of money, I mean, put out of business just to give a couple of dollars to the residential. Alright, you can do whatever you want because we’ve got to cut down service, then we’ve got to cut down service. We’ve got to reduce it and take out a washer machine and people will have to wait longer. Hopefully we won’t, depending on the way it is, because the difference is a lot of money. It’s not just a few dollars.

President Perkins: Mr. Roman.

Mr. Roman: Mr. Dattolo, did I hear you correctly when you said that we’re probably going to put you out of business to save the residents a couple bucks?

Mr. Dattolo: No, you’re not saving nothing. No, you’re not saving a couple of dollars. You’re not saving nothing.

Mr. Roman: No, no, I am talking…

Mr. Dattolo: Because you’re not going to get any money because the Township already guaranteed a million-fifty gallons per day. So if you get a million-fifty gallons per day, divide the residents and it comes to 350 gallons it should be per day for each EDU if you figure it out that way, because they bought it originally as an 800,000 gallon per day. Then the Township bought them all. So we’ve got them all now. We pay a lot more money and we don’t have the right to use it either. So you guys should really consider that and do what’s best for the Town, not what’s best for the lawyer.

Mr. Dorsey: Thank you, Mr. Dattolo.

President Perkins: Thank you, Mr. Dattolo. Thank you. Mr. Rattner, would you move that, please?

Mr. Rattner: Sure, I move Ord. #51-2008 for adoption and final passage.

Mr. Roman: Second.

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

ROLL CALL – Passed Unanimously

ORDINANCES FOR FIRST READING (2nd reading – December 9, 2008)

President Perkins: Ord. #51-2008 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. The next item on the Agenda is Ordinances for First Reading with a second reading for December 10, 2008. The next item is Ord. #52-2008 entitled:

Ord.#52-2008 An Ordinance of the Township of Mount Olive Accepting the Donation of Certain Lands from Silver Spring Manor, Inc.

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

Mrs. Labow: Okay, yes, thank you. I move that Ord. #52-2008 be introduced by title and passed on first reading and that a meeting be held on December 10th, 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.

Mr. Tepper: Second.

President Perkins: Thank you. Any Council discussions? I have to make a correction. The Second Reading will be December 9th, not December 10th.

Mrs. Labow: That’s what I was thinking. Do you want me to do that, or just…

President Perkins: No, that’s fine. I’ve already made the correction on the record. Any discussions, questions? 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 Re: 1.5 Cents Per Hundred of Assessed Value for Open Space and Development of Recreational Facilities.

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

3. Resolution of the Township Council of the Township of Mount Olive Authorizing the Cancellation of a Grant Balance of $1,040.00 for the Pandemic Flu Grant.

4. Resolution of the Township Council of the Township of Mount Olive Approving a Vendor Service Contract on a ‘Non-Fair and Open’ Basis Pursuant to the ‘Pay-to-Play’ Law (Exigent Technologies, LLC).

5. Resolution of the Township Council of the Township of Mount Olive Approving NJDOT Plans to Remove a Traffic Island from Village Way Entrance to Village Green for Safety and Traffic Reasons.

6. Resolution of the Township Council of the Township of Mount Olive Authorizing a Professional Services Agreement with Princeton Hydro, LLC for Services in Connection with the Remediation and Control of the Weeds in Budd Lake.

7. Resolution of the Township Council of the Township of Mount Olive Authorizing a Temporary Road Closure of Potions of Stephens State Park Road, Sandshore Road and Smithtown Road.

President Perkins: Is there any item on the Consent Resolutions that one of the Council members wishes to have removed? Mr. Tepper.

Mr. Tepper: I’d like the one for the acquisition of the rugged laptops to be removed for Non Consent.

President Perkins: Rugged laptops?

Mrs. Masser: What number?

Mr. Tepper: Four.

President Perkins: Oh, for Exigent?

Mr. Tepper: Yes.

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

Mr. Roman: I’d like to move for approval of Consent Resolutions 1 through 3 and 5 through 7.

Mrs. Labow: Second.

President Perkins: Thank you. Does anyone from the public wish to be heard on any one of those Consent Resolutions 1 through 3 or 5 through 7. Seeing none, I close it to the public. Council comments? Mr. Rattner.

PUBLIC PORTION ON CONSENT RESOLUTIONS - none

COUNCIL COMMENTS ON CONSENT RESOLUTIONS

Mr. Rattner: Just one clarification on Resolution #7, the temporary closing of the road, Stephens State Park Road. I just want to make sure that we get up the sign. We did this for a while in the past at least a week ahead of time saying, “on or about December 12th.” This way people who go down there know that they can reroute.

Mr. Sohl: Alright, Tim is gone but I’ll check with somebody in the Road department.

Mr. Rattner: At least a couple days so people don’t go there. There’s nothing worse than going down to a certain spot and having to turn around.

President Perkins: True. Any other comment? Roll Call.

ROLL CALL – Passed Unanimously

RESOLUTIONS NON CONSENT

President Perkins: That takes us to Non Consent Resolution #4. Mr. Tepper.

4. Resolution of the Township Council of the Township of Mount Olive Approving a Vendor Service Contract on a ‘Non-Fair and Open’ Basis Pursuant to the ‘Pay-to-Play’ Law (Exigent Technologies, LLC).

Mr. Tepper: I’ll move Non Consent Resolution #4.

Mr. Rattner: Second.

President Perkins: Mr. Tepper, for discussion.

PUBLIC PORTION ON INDIVIDUAL RESOLUTIONS - none

COUNCIL COMMENTS ON INDIVIDUAL RESOLUTIONS

Mr. Tepper: I’d like to understand why that has to be done on a Non Consent basis and why it cannot be put out to bid.

Mr. Sohl: Sherry?

Mrs. Maniscalco: I mean, they could have been put out to bid. It didn’t go over the bid threshold. They did get quotes and this is for their paperless data collection system for Budd Lake Rescue that was approved in their capital. You know, because it didn’t go over the bid threshold and wasn’t going to, they got the appropriate quotes and that’s…

Mr. Tepper: We did get multiple quotes?

Mrs. Maniscalco: We did get quotes, Russ, yes. I looked.

Mr. Rattner: Yes, it was on the voucher package sent out to eight or nine and we got three of them back, I think.

Mr. Tepper: Then I’m fine. I just thought this was a decision we made just not to go out.

Mrs. Maniscalco: They did. They got quotes.

President Perkins: It was more than one.

Mr. Tepper: I just wanted to understand.

Mrs. Maniscalco: It’s there.

Mr. Rattner: We got more than one to actually bid on it, too.

Mr. Tepper: Thank you.

President Perkins: Excellent. Alright, any other comments? Roll Call.

ROLL CALL – Passed Unanimously

MOTIONS

President Perkins: Mr. Tepper, would you move the first Motion?

Mr. Tepper: As soon as I see what we’re doing.

President Perkins: Raffle Applications.

Mr. Tepper: I will move the Raffle Applications.

1. Approval of Raffle Application #2281 for the NJ Civic Youth Ballet, Inc. and Raffle Application #2282, #2283 & #2284 for HSA St. Michaels.

Mrs. Labow: Second.

President Perkins: Discussion? Roll Call.

ROLL CALL – Passed Unanimously

President Perkins: That takes us to the Bill List. Mr. Greenbaum.

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

2. Bill List.

Mr. Rattner: Second.

President Perkins: Discussions, comments? Mr. Russell, any questions? Roll Call.

Mr. Roman: I have a question.

President Perkins: Mr. Roman.

Mr. Roman: On page 10, we have an in-car video DVD duplicator. Can we ask what department that’s for?

Mr. Sohl: That’s for the Police.

Mrs. Maniscalco: It is for the Police and what it will do is literally, as it says, it will copy the video. You know the video cameras that we have in the cars?

Mr. Roman: Oh, okay. So it’s not because we’re duplicating DVDs. We’re just making DVD copies of video. Okay.

President Perkins: Downloading on the go.

Mr. Tepper: However, probably another good use.

Mr. Roman: And then the only other question I have is I see that the Town and the Building department and the Senior Center all pay a sewer fee. Is that correct on Page 13?

Mrs. Maniscalco: Mount Olive Villages.

Mr. Sohl: We pay it to Mount Olive Villages which is just down the road here.

Mr. Rattner: Yes, and I want to know why I can’t pay the same that the Municipal Building pays at my house.

President Perkins: Oh, please, because you’re on the Budd Lake Sanitary Sewer, you’re not on the…

Mr. Rattner: We’re paying $200 a quarter for the whole building.

Mr. Tepper: Because you’re on a different sewer system, Steve.

Mr. Rattner: I know. I think I…

President Perkins: Any other questions or comments on the Bill List? Seeing none, Roll Call, please.

ROLL CALL – Passed Unanimously

ADMINISTRATIVE MATTERS

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

Mr. Sohl: Two things. One, if you’ve seen your emails, hopefully you’ve seen that the Senior Center has not only been completely painted, but a brand new, actually it was never there before, chair rail around the edge. The carpeting and the tile were started properly last week and completed actually several days early. We had allocated non-use of the building through December 3rd. We opened the building today as of about Noon time so that the Seniors can use it the rest of this week.

Mr. Greenbaum: You should rename that building the Colleen Labow Honorary Building.

President Perkins: The CLHB?

Mrs. Labow: I don’t think so.

Mr. Sohl: The second thing is a matter of, we may have a little bit of a predicament. We expect Mr. Matt Giacobi to be here at approximately 9:30. We predicated that on past history of these meetings.

Mr. Tepper: I think we should contact Matt and tell him…

Mr. Sohl: He’s in Mount Arlington and can’t get away before that. Again…

Mrs. Labow: We can play backgammon until he gets here.

President Perkins: Well, since I have to recuse myself anyway it will be up to Mr. Greenbaum who I will be handing the gavel to.

Mr. Sohl: I can go and cancel his appearance. We have to defer then the meeting with the FOP which is scheduled for next week.

Mr. Tepper: I think we can have our discussion in executive session and from that make a decision on how we want to proceed.

Mr. Sohl: That’s fine.

Mr. Tepper: That would be my recommendation.

Mr. Greenbaum: To have him not come and talk about it outside of his presence?

Mr. Tepper: Yes.

Mr. Greenbaum: I would agree with you.

Mrs. Labow: He might get here earlier though.

Mr. Tepper: No, he made it very clear that he had a commitment and he wouldn’t be able to leave there before roughly 9:00. So that’s why we put him on for 9:30.

Mr. Sohl: Originally, this worked out very well but this has…

Mr. Greenbaum: I can filibuster if you want.

Mr. Tepper: I can excuse myself like Mr. Tobey did.

President Perkins: No thank you. Alright, that takes us to Old Business. Any Old Business? Any New Business? Legal Matters?

OLD BUSINESS - none

NEW BUSINESS - none

LEGAL MATTERS

Mr. Dorsey: I wish everybody a Happy Thanksgiving.

President Perkins: That’s was the best Legal Matters we’ve had.

COUNCIL REPORTS

President Perkins: Recreation Liaison Report, Mr. Roman?

Recreation Liaison Report

Mr. Roman: Nothing to report.

President Perkins: Board of Health, Mrs. Labow.

Board of Health Report

Mrs. Labow: Yes, we met last week and we had a representative from the County come and give us a presentation on various virus’ and health issues. Hopefully she is going to allow us to have her Power Point presentation put on our website for anyone to view. We talked about MRSA at length and a couple of other issues. It was very informative and very interesting. That’s it.

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

Planning Board Report

Mr. Tepper: We had our discussion regarding COAH but Planning Board will not meet until December.

President Perkins: Board of Adjustment, Mr. Roman.

Board of Adjustment Liaison Report

Mr. Roman: Nothing of note to report.

President Perkins: Open Space, Mrs. Labow.

Open Space Committee Report

Mrs. Labow: Open Space did not meet this month. Due to our, we scheduled a Council meeting for that night.

President Perkins: Legislative Committee Report, Mr. Rattner.

Legislative Committee Report

Mr. Rattner: Nothing to report.

President Perkins: Mr. Licitra had contacted me today. He sends his apologies. He had wanted to stop in just to update everyone. He will be running into most of us that will be at BASF tomorrow anyway. Pride Committee, Mrs. Labow.

Pride Committee Liaison Report

Mrs. Labow: Pride Committee is hopefully on Wednesday, the company that we have hired to install the banners and the snowflakes is supposed to be putting them up on Wednesday. It looks like it’s going to be a pretty good situation. We won’t have to rent equipment, so on and so forth. We’re going to have a company take care of it. So we’re looking forward to Wednesday when all of our holiday decorations are installed.

Board of Education Liaison Report

President Perkins: Beautiful. Board of Education. Mr. Tobey is not here. Lake Environmental Issues, Mr. Rattner.

Lake/Environment Issues Committee

Mr. Rattner: Nothing to report.

President Perkins: Safety Committee, Mr. Greenbaum.

Safety Committee Liaison

Mr. Greenbaum: Yes, the Safety Committee met and is recommending by a three to one vote to the Town Council that a hospital based ambulance squad be retained by the Township on a going forward basis to cover 6 – 6 Monday through Friday. There was opposition by the Budd Lake Rescue Squad that felt that although there was a need to go to a paid ambulance 6 – 6 service, that the hospital based was not the correct or the best way to go. Their proposed method was for the Township to actually retain paid EMS and to bill back for services rendered through a third party administrator. I would like to have this matter scheduled for a hearing as soon as possible to bring both the Budd Lake Rescue Squad to present their case to the Council, and also the Committee in terms of their recommendation. There was some comment that Parsippany and Clinton had gone to a paid EMS system other than a hospital based and that it had been very successful in terms of recouping costs. I believe that there was representation that Budd Lake Rescue believed that Parsippany was actually making a profit from doing it in that fashion, which from emails that I’ve seen that’s not the case, but it might be a break even situation.

Mr. Sohl: Not even.

Mr. Greenbaum: Oh, it’s not even.

Mr. Sohl: Close but not even.

Mr. Greenbaum: So I think what we need to do is two-fold. Number one is to have a Council hearing on the recommended proposal from the Safety Committee as soon as possible, and then I would turn it over to Mr. Dorsey in terms of what is required to bring in a service of whatever type the Council is desirous of.

President Perkins: Were we going to have Budd Lake First Aid & Rescue in here to make their presentation on the funded…?

Mr. Greenbaum: I think it’s only fair to have both in at the initial stage so that the Council can make the appropriate decision as to which way the Council would like to go. I certainly represented to Budd Lake that I would present in an even handed manner. Although my preference, in terms of the cost to the Township was very clear, they feel that the better way to go is through this alternate route, and certainly should be given the opportunity to present that to Council and perhaps convince Council that that is a better way to go than the hospital based ambulance squad.

President Perkins: Out of curiosity, Mr. Greenbaum, who did not vote? If the vote was 3 to 1…

Mr. Greenbaum: It was only a four vote grouping. It was the Rescue and Fire departments that…

Mr. Tepper: Police department.

President Perkins: Did the Police department abstain?

Mr. Greenbaum: Police department was not given the opportunity to vote and would have abstained, but was very vocal in terms of let’s make a decision and get this to the Council level for obvious reasons.

President Perkins: Perfect, Mr. Tepper.

Mr. Tepper: Rob, was there any discussion as to preference on which of the two hospital services was preferred at this point, or did they leave it to us to make a decision?

Mr. Greenbaum: There was no discussion, no formal discussion as to which of the two hospital based services they would recommend at this point in time. I would imagine that there could be discussion during the timeframe that we discuss which of the two methods is preferable to get a recommendation from the Committee as to which of the two hospital based.

Mr. Tepper: If we make a decision to go with a hospital based rather than in-house, would the two first aid squads work with us to make a recommendation as to which one to select and give reasons why, or would that be a decision that would just be made based on the input provided by those two groups?

Mr. Greenbaum: The decision, in my mind, is a Council decision based upon whatever recommendations would be made.

Mr. Tepper: By the Administration?

Mr. Greenbaum: By the Administration and by the people who are out there on the front line. Obviously, we’re not the people who are providing the services.

Mr. Tepper: That’s why I’d like if we make a decision to go with the hospitals to have input from the two rescue squads and first aid squads as to which one is the preferred mode.

Mr. Greenbaum: I don’t see how we could do it any other way.

Mr. Sohl: I would agree that that’s the message I’ve taken from the last several meetings that Rob and I have both been at is exactly that, that they would certainly want to be engaged or involved in whatever the process may find, work itself out.

Mr. Greenbaum: If these are the people that are going to be out there, just because if in the event that we go to a paid ambulance squad, whether it be municipal based or hospital based, it doesn’t preclude the rescue squads where they have availability to be the first responders and to do everything other than transport. Transport would then be the responsibility of whoever the paid squads would be. That’s where the billing aspect comes back. It’s by transport. Both of the hospital based services indicated, first of all Atlantic came back and said that they would not send anything to collections which they were not able to get through insurance companies. St. Claire’s came back and said that they have some kind of charity care, although it didn’t, it was not the same type of representation that Atlantic made with respect to how they would go about billing someone who didn’t have insurance coverage. There are all kinds of issues that we need to hear about. Budd Lake will raise many issues about hospital based and what will happen if people wait until after the timeframe to make the call to get their service ride from, free service to wherever they are going. You know, the people who use the ambulance squads for things other than emergency care, and we know a lot of that happens in Town. You know, people showing up with their suitcase ready to go when the ambulance arrives. It happens.

President Perkins: Of course.

Mr. Greenbaum: But I can tell you from my discussions with Randolph, the Administration is nothing but pleased with the service that they have gotten from a hospital based ambulance squad. I don’t think there were really any problems that they had. There are always problems.

Mr. Sohl: There was certainly nothing when, because I spoke to John Lovell also. There was nothing that John indicated anything beyond, yes, there may have been a tweak here or a tweak there.

Mr. Greenbaum: I think that the bottom line is that once it got online, the voluntary ambulance squads fell in line with what was going and didn’t have a problem with the service, the conflict in service between the paid staff. One of the things that we have as a Committee done is said look, if we’re going to go with you, Atlantic or St. Claire’s, will you go with our qualified EMS who are currently volunteers to work in the Town? Both of them reluctantly said yes, they would. It makes sense to me on a number of different levels to insist on that in the contract. Number one, if we have people who are willing to do it on a volunteer basis in Town and can get paid, so much the better for them. Number two, those are the people who know the Town. They know where the roads are. They know where the frequent flyers are so to speak, and it makes sense on every level to bring in people who are experienced in Mount Olive.

President Perkins: Thank you, Rob. I know that we’ve been kicking this around, first year while I was on Safety Committee and now you’ve taken up the horn. Thank you, Mr. Buell, for actually bringing this to our attention a long time ago. It has never been the intent to look at this from a cost savings. It’s strictly been a matter of getting emergency response to the patient in a timely manner. We’ve heard some horror stories over the past two years. They’ve been rectified to some degree. We’ve been reassured on numerous occasions. Does it mean that the budgetary numbers for the volunteer squads are going to go down? Theoretically, one would assume that empirically they would have to if you’re not running the vehicles as often. You wouldn’t be having the same maintenance items, but that’s not the ultimate goal here. The ultimate goal, and I’m sure Rob and I have spoken about this, is to get an ambulance there. When you call you should have someone there in less than eight minutes. They should be at your door and I know, personally, I’ve had them there. It was the volunteer group but I would hate to think that they called that volunteer group, ten minutes later the second call went out and that person couldn’t make it. It’s another ten minutes before the next call goes out. A half hour elapses and you can be in cardiac arrest. Of course it’s the Police officer who is there with the defibulator and he’s the first responder. So it is patently unfair. This is a great way. Will people wait around? Sure, you’re going to have the guys with the luggage that are going to wait until the nighttime to get the free ride, but if someone in your house, Rob, needs a ambulance at 2:00 in the afternoon, you don’t care what the name is on the side of that ambulance as long as they’re getting your family member to the hospital.

Mr. Greenbaum: I agree with everything you just said.

President Perkins: Mr. Rattner.

Mr. Rattner: One thing, this doesn’t have to go to bid because you keep saying about picking one. This is something that’s excluded from public bidding?

Mrs. Maniscalco: That’s what I was going to talk about actually.

Mr. Tepper: We just need to make a decision.

Mrs. Maniscalco: Let me just, because I did research that. I spoke to Joe Valenti. I’m sure you’ve heard me say his name before at the State.

Mr. Rattner: He’s retiring.

Mrs. Maniscalco: I know. He’s been great with…

President Perkins: Can’t hear you, Sherry.

Mrs. Maniscalco: Can you hear me?

President Perkins: We’ve got a crunchy bag here, too.

Mrs. Maniscalco: Okay, it’s John. Anyway, I spoke to Joe Valenti at the State because I was concerned about what process we have to follow, obviously. While we may not technically be paying out money specifically for this contract, it is something that still affects our taxpayers. So we need to be cognizant of the Local Public Contracts Law. What he said to me was that we could actually do, rather than bid, which obviously we could do, we can do competitive contracting where we could actually award the bid which is based on lowest price plus other factors like response time, things like that. So we do have an alternative. It’s really up to you but we do need to be cognizant of the Local Public Contracts Law when we do this.

Mr. Rattner: But you don’t have to go out to formal bid. That was the question so we can…

Mrs. Maniscalco: No, he said we can do competitive contracting and base it on lowest price plus other factors.

Mr. Rattner: Because that just gets scary because it isn’t just hospital based because I don’t know if he could go there because I know the one that Paragon uses that they can’t get sometimes.

President Perkins: It’s out in Philipsburg.

Mr. Rattner: What?

President Perkins: They’re in Philipsburg. How are they going to make it to…?

Mr. Rattner: Well, but they still use, that’s their ambulance service.

President Perkins: Any other questions or comments? Rob, thank you very much. Colleen, you had something?

Mrs. Labow: Yes, I just had a question actually of Mr. Dorsey. Let’s say for the other option that Rob mentioned where we actually do this in-house type of thing. How would that affect our insurance with the liability issues? Would we get sued if somebody hits a pot hole on the highway?

Mr. Dorsey: Well, that’s a difficult question to answer because there’s so much assumed in terms of risk. It may already be worked into the premium, but we have to raise the issue presumably.

Mrs. Labow: And you don’t know how they handle it in Parsippany?

Mr. Dorsey: Well, I know you have the most dangerous, now I don’t have a, you have the most dangerous people. You have a Sanitation department which is rated the most dangerous in terms of risk. I don’t know about ambulance squads.

Mr. Greenbaum: Do we cover the ambulance squads now on a volunteer basis in terms of, let’s assume that they get sued for…

Mr. Dorsey: My recollection is no. My recollection is that we do pay worker’s comp for them, but that’s all. We don’t give them liability.

Mr. Greenbaum: They provide that themselves, I assume.

Mr. Rattner: Yes, but that will just mean that they can’t sue us anyway which is going to happen.

President Perkins: It’s another song.

Mr. Rattner: We found that out.

President Perkins: Thank you, Mr. Greenbaum. Finance Committee, Mr. Rattner.

Finance Committee Report

Mr. Rattner: Nothing to report.

President Perkins: Economic Development.

Economic Development Committee Report

Mr. Rattner: I think our Chairman of the Economic Development Committee gave a comprehensive report at the workshop meeting.

President Perkins: He sure did. Thank you. Solid Waste, Mrs. Labow.

Solid Waste Advisory Committee Report

Mrs. Labow: You know, Solid Waste Advisory Committee has not been meeting and I spoke with Mr. Nelson about this, and a couple of other people. I don’t know what we want to do about it. Mr. Tobey is the Co-Chair. He’s not here this evening so I was going to defer it to him. I think it’s kind of unfair to have members of the Committee and to repeatedly not have meetings. It might be something that we want to address in the future. Do we want to continue with this Committee?

President Perkins: Something that we’ll discuss very shortly at an upcoming meeting.

Mrs. Labow: Thank you.

President Perkins: Library Board, Mr. Tepper.

Library Board Liaison

Mr. Tepper: Library Board met in special session. They are currently interviewing new Executive Directors, or possible candidates for the new Executive Director position.

President Perkins: Wonderful, thank you, sir. Senior Citizen Liaison, Mrs. Labow.

Senior Citizen Liaison

Mrs. Labow: Mr. Sohl gave a report for that and I did stop by and kind of peeked in the window. I didn’t want to interrupt the exercise class and it really looks nice over there. I’m sure that the Seniors are very happy and excited. I guess that they are getting a new card table, Bill?

Mr. Sohl: I believe, my understanding is Mrs. Ruggerio lined up a card table from some place on a volunteer or donation basis. We’ve been requested to setup, I guess it has to be assembled. So it may be a few days before that happens. This is a short week here.

Mr. Greenbaum: We’re in the Texas Hold ‘Em business now.

Mrs. Labow: Last time I was over there their table was kind of beat up and they were saying they would like a new one so that’s excellent. That’s wonderful.

Mr. Greenbaum: Are we covered for Texas Hold ‘Em, Mr. Dorsey?

Mr. Sohl: As a percent of the gross?

Mr. Rattner: If they are under 18 we’ll get fined, or under 21.

Mr. Greenbaum: I don’t think many of those Seniors are under 21.

Mr. Rattner: Bring somebody in.

PUBLIC PORTION

President Perkins: Thank you. That takes us to the second public portion. Any member of the public wish to be heard on any item? Gentleman in the red sweater again. He looks like Mr. Christmas doesn’t he?

Mrs. Labow: I know, he looks good.

Mr. Donald Hill, Vice-President Mount Olive Lions Club: It’s my extreme pleasure to let the gentlemen know that we had the great pleasure last week to present to Dianne Brochu and to the food bank from the Lions Club, $760 in $20 gift certificates from Shoprite for the Thanksgiving holiday, and a check for $240 for the general food bank. So from the Lions Club to the food bank we just wanted to say thank you.

President Perkins: Thank you, excellent. Anyone else from the public? Seeing none, I close it to the public. 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: I just have a really quick one, speaking of what Don brought up about the food bank. One of the things that a lot people don’t realize is that Social Services could also use disposable diapers not only for babies but for adults as well. It’s one of the things that people don’t really ever think about when they’re making contributions. So they do need food and they do need other necessities. So anything that anybody can give is greatly appreciated. Thank you.

Mr. Hill: Why did you…

Mr. Tepper: It wasn’t a personal thing, Don. I don’t think.

President Perkins: And I would just like to say that the Santa House opens up this Saturday. Breakfast with Santa Claus is on Sunday morning. I wish everyone a healthy and Happy Thanksgiving. It truly is a trying time right now for economics, so if you see someone out there that looks like they could use a hand, by all means do that. With that, Mrs. Labow, I will ask you to take us into executive session. I will be recusing myself and Mr. Greenbaum will have the chair.

Mrs. Labow: Thank you, Mr. President, in accordance with Sections 7 & 8 of the Open Public Meetings Act, I’d like to move us into executive session to discuss the FOP, and MOTPEA contract negotiations.

President Perkins: Second?

Mr. Roman: Second.

President Perkins: All in favor?

AYE

Executive Session: FOP & MOTPEA Contract Negotiations

ADJOURNMENT - Motion was made and seconded, all in favor and none opposed, the meeting was adjourned at 9:13 pm.


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Raymond T. Perkins, 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 December 9, 2008.
_________________________________
Lisa Lashway, Township Clerk
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