TOWNSHIP COUNCIL PUBLIC MEETING MINUTES - November 9, 2010

The Public Meeting of the Mount Olive Township Council was called to Order at 7:55 pm President Tobey: We will begin with the Open Public Meeting Announcement as the Pledge of Allegiance and moment of reflection was earlier.

 

OPEN PUBLIC MEETINGS ACT ANNOUNCEMENT

According to the Open Public Meetings Act, adequate notice of this meeting has been given to the Daily Record. 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. Walsh, Mr. Mania, Mr. Perkins, Mr. Roman, Mr. Greenbaum, Mr. Tobey, Mrs. Labow

 

Absent: None

 

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

 

President Tobey: The first item on tonight's Agenda is a hearing regarding Verizon Communications.

 

HEARING – Verizon Communications

 

Mr. Dorsey: As you know, Scott, our IT Manager, prepared an indictment of Verizon's lack of service to the

Township and lack of adhering to various promises that were made. Verizon received a copy of the letter

advising them of the hearing tonight of the deficiencies found by Scott and advised that we would proceed to

terminate their agreement unless they were here tonight to defend their actions or inactions. Is there anyone here

from Verizon? There is no one here from Verizon and therefore obviously they are not going to oppose the

termination of their agreement so if one would just make a motion to terminate the agreement based upon the

hearing that we provided them tonight, we can move on.

 

Mr. Perkins made the motion and Mrs. Labow seconded the motion.

 

ROLL CALL: Passed Unanimously

 

Mr. Dorsey: You are freed of Verizon. Scott, move on.

 

APPROVAL OF MINUTES OF PREVIOUS MEETINGS:

 

President Tobey: Thank you. We are up to Approval of Minutes of the Previous Meetings. Mrs. Labow, would you be so kind?

 

Mrs. Labow: Yes, thank you Mr. President. I like to ask, a motion to approve the Minutes of:

 

Oct. 19, 2010 WS, PM & CS (Mr. Greenbaum & Mrs. Labow absent)

Mrs. Labow: Mr. Greenbaum and myself were not available.

Mr. Roman: Second.

 

President Tobey: It's been moved and seconded. Roll Call please.

 

ROLL CALL – Passed with the exception of Mrs. Labow and Mr. Greenbaum who abstained.

 

CORRESPONDENCE

 

LETTERS FROM RESIDENTS/ORGANIZATIONS

 

1. E-mail received October 21, 2010, from Downtown New Jersey Inc. regarding FYI Notice from Downtown NJ.

 

2. Letter received October 28, 2010, from Mr. and Mrs. Rothrock regarding speed limit modification request for Netcong Road.

 

 

3. E-mail received November 1, 2010, from Mount Olive Manor Tenants Association regarding Marveland Water problem.

 

4. E-mail received November 5, 2010, from Energy4Less, Inc., regarding municipalities can save $150,000 per year.

 

 

RESOLUTIONS, ORDINANCES & CORRESPONDENCE FROM OTHER TOWNS

 

5. Resolution received October 29, 2010, from Township of Roxbury regarding a Resolution Opposing Assembly Bill No. 2095 Which Revises Requirements for Medical Service Delivery.

 

6. Resolution received November 2, 2010, from the Musconetcong River Management Council regarding Resolution #2010-10-19.

 

DOT / DEP / LOI / HIG HLANDS / EPA / DEPT. OF AGRICULTURE

 

7. Letter received October 18, 2010, from Irrigation Consulting, Inc. regarding Flanders Valley Golf Course, Flanders, NJ - Morris County parks Commission – BL 5900 Lot 2 (1 Pleasant Hill Road, Budd Lake).

 

8. Letter received October 18, 2010, from Irrigation Consulting, Inc. regarding Freshwater Wetlands Application for Flanders Valley Golf Course, Flanders, NJ - BL 5900 Lot 2 (1 Pleasant Hill Road, Budd Lake).

 

9. Letter received October 20, 2010, from State of New Jersey, Department of Environmental Protection regarding Notice of Technical Incompleteness for Drakes Brook Park, BL 4500, Lot 8 (155 Flanders Netcong).

 

10. Letter received October 22, 2010, from State of New Jersey, Department of Environmental Protection regarding Notice of Administrative Completeness for T- Mobile Site, BL 1801, Lot 21 (35 Camelot Drive).

 

11. Letter received October 22, 2010, from State of New Jersey, Department of Environmental Protection regarding Notice of Administrative Completeness for Donnelly Property BL 7000, Lot 80 (79 River Road).

 

12. Letter received October 22, 2010, from State of New Jersey, Department of Environmental Protection regarding Notice of Administrative Completeness for T- Mobile Site, BL 4600, Lot 34 (185-1 Route 206 Rear).

 

13. Letter received November 3, 2010, from State of New Jersey, Department of Environmental Protection regarding Permit Application No. WCP100003, Morris County MUA – Flanders Valley Well #2.

 

14. Letter received November 3, 2010, from State of New Jersey, Department of Environmental Protection regarding Permit to Operate for Flanders Valley Well 1 and Flanders Valley Well 2.

 

DIVISION OF TAXATION

 

15. Certification of the Table of Equalized Valuations received October 21, 2010, from the State of New Jersey, Department of the Treasury, Division of Taxation regarding 2010.

 

16. Abstract of Ratables received October 27, 2010 from the Morris County Board of Taxation regarding 2010.

 

LEAGUE OF MUNICIPALITIES

 

17. E-mail received October 15, 2010, from the New Jersey State League of Municipalities regarding NJ Chamber of Commerce Hosts 4 th Annual Conf & Expo.

 

 

18. E-mail received October 15, 2010, from the New Jersey State League of Municipalities regarding League Seminar – Class Action Lawsuits.

 

19. Letter received October 18, 2010, from the New Jersey State League of Municipalities regarding Bus Shuttle and Overflow Parking for 95 th Annual League Conference – November 16-19, 2010 Atlantic City Convention.

 

20. E-mail received October 19, 2010, from the New Jersey State League of Municipalities regarding Bill to Limit Sick Leave Pay / Vacation Carry Forward Management Reform Advances.

 

21. E-mail received October 20, 2010, from the New Jersey State League of Municipalities regarding Arbitration Reform Impasse Develops.

 

22. E-mail received October 20, 2010, from the New Jersey State League of Municipalities regarding Don't Miss League Seminar on Foreclosure.

 

23. E-mail received October 21, 2010, from the New Jersey State League of Municipalities regarding URGENT ALERT! Arbitration Reform.

 

24. E-mail received October 21, 2010, from the New Jersey State League of Municipalities regarding League Publication Form.

 

25. E-mail received October 22, 2010, from the New Jersey State League of Municipalities regarding A- 3393, Arbitration Reform Proposal Advanced to 2 nd Reading and Assembly Introduces Affordable Housing Legislation.

 

26. E-mail received October 22, 2010, from the New Jersey State League of Municipalities regarding NJLM Energy.

 

27. E-mail received October 25, 2010, from the New Jersey State League of Municipalities regarding Mayors – Urgent – Assembly Vote Scheduled for Today – Contact your Assembly Delegation.

 

28. E-mail received October 25, 2010, from the New Jersey State League of Municipalities regarding Speaker Delays Vote on A-3393 League Opposed Proposal to Reform Binding Arbitration.

 

29. E-mail received October 25, 2010, from the New Jersey State League of Municipalities regarding Mayoral Invitation to Attend Intercultural Trip to Turkey.

 

30. E-mail received October 26, 2010, from the New Jersey State League of Municipalities regarding League Seeks Appeal to State Supreme Court and Important Conference Sessions Sustainability.

 

31. E-mail received October 26, 2010, from the New Jersey State League of Municipalities regarding Two Issues, Sick Leave pay out Limits and Sample Resolution Supporting Arbitration Reform.

 

32. E-mail received October 26, 2010, from the New Jersey State League of Municipalities regarding New Content on DLGS Website.

 

33. E-mail received October 27, 2010, from the New Jersey State League of Municipalities regarding Important Conference Sessions Finding Funding and League Magazine Wins Top Honors.

 

34. E-mail received October 28, 2010, from the New Jersey State League of Municipalities regarding NJ League of Municipalities Conference.

 

35. E-mail received October 28, 2010, from the New Jersey State League of Municipalities regarding Reminder – Sustainable Jersey Awards Luncheon.

 

36. E-mail received October 28, 2010, from the New Jersey State League of Municipalities regarding League Information.

 

37. E-mail received October 29, 2010, from the New Jersey State League of Municipalities regarding Free Public Library Surplus.

 

38. E-mail received October 29, 2010, from the New Jersey State League of Municipalities regarding Important Conference Sessions – Personal Management, Pension and Benefits and Travel Update for League Conference.

 

39. E-mail received October 31, 2010, from the New Jersey State League of Municipalities regarding NJLM November 2010 Mayor's Newsline.

 

40. E-mail received November 1, 2010, from the New Jersey State League of Municipalities regarding League Information.

 

41. E-mail received November 3, 2010, from the New Jersey State League of Municipalities regarding Important League Information.

 

42. Letter received November 3, 2010, from the New Jersey State League of Municipalities regarding Mayor's Box Luncheon, Women in Government Breakfast and League Luncheon.

 

43. E-mail received November 3, 2010, from the New Jersey State League of Municipalities regarding NJLM Conference Session-NBC-LEO.

 

DCA

 

44. E-mail received October 25, 2010, from Department of Community Affairs regarding Gov Connect Update: October 25, 2010.

 

MSA / MUA / HMUA

 

45. Notice of Public Hearing received October 18, 2010, from the Hackettstown Municipal Utilities Authority.

 

46. Minutes received November 4, 2010, from the Musconetcong Sewerage Authority regarding Minutes of October 6, 2010 meeting.

 

UTILITIES

 

47. Fax received October 18, 2010, from Comcast regarding Pricing Change – CableCARDS and A/B switches.

 

48. Fax received October 22, 2010, from Comcast regarding Installation Rate Changes and Converter Price Changes.

 

President Tobey : There are 48 pieces of Correspondence. Does anyone on Council wish to discuss any? Seeing none, we are up to Ordinances this evening. I open the hearing to the public on Ord. #25-2010, entitled:

 

ORDINANCES FOR PUBLIC HEAR ING

 

Ord.#25-2010 Bond Ordinance Amending the Description of Certain Projects in Bond Ordinance Numbered 37-2002 of the Township of Mount Olive, in the County of Morris, New Jersey Finally Adopted September 24, 2002 and Providing for a Revision to the Amount of Grants and Bonds or Notes to be Issued for Such Purposes.

 

President Tobey: Does anyone from the public wish to be heard? Seeing none, Mr. Perkins, would you please

moved that?

 

Mr. Perkins: I move for adoption and final passage of Ord. #25-2010.

 

Mr. Greenbaum: Second.

 

President Tobey: Thank you. It's been moved and seconded. Any Council discussion?

 

Mrs. Lashway: Number 24.

 

Mrs. Labow: What happened to 24, Phil?

 

Mr. Walsh: He skipped…he read 24. He'll have to go back.

 

President Tobey: I'm sorry, 25. Any Council discussion? Seeing none, Roll Call please.

 

ROLL CALL: Passed Unanimously

 

President Tobey: Ordinance #25-2010 is passed on second reading, and I hereby direct the Clerk to forward a copy of same to the Mayor and publish the notice of adoption as required by law. I open the hearing to the public on Ord. #24-2010:

 

Ord.#24-2010 An Ordinance of the Township of Mount Olive, County of Morris, State of New Jersey Amending and Supplementing Chapter 245, Vehicles and Traffic, of the Revised General Ordinances.

 

President Tobey: Does anyone from the public wish to be heard? Seeing none, Mr. Walsh, would you

please move that?

 

Mr. Walsh: I moved for adoption and final passage of Ord. #24-2010.

 

Mrs. Labow: Second.

 

President Tobey: It's been moved and seconded. Any Council discussion? Seeing none, Roll Call.

 

Mrs. Lashway: Mrs. Labow?

 

Mrs. Labow: I just have a question about this. We just got done talking about speed limits. Sandshore Road was 30 and now it is going up to 35? Is that what it is, Bill?

 

Mr. Sohl: It depends on where it is marked off.

 

Mrs. Labow: It says both, most of Zone I and Zone II. So, the entire length of Zone I and Zone II. It doesn't really give us any information as to where the Zones are and what house numbers. It says, from 46 to approximately 500 feet of Knowles Lane.

 

Mrs. Lashway: This resolution was…

 

Mrs. Labow: Ordinance.

 

Mrs. Lashway: Ordinance was a combined effort between Dominic DiYanni and Sgt. Scott VanNess. So Scott came up with what he wanted and Dominic prepared it. So this is…

 

Mayor Scapicchio: I mean, all of these speed changes, whether they are increased or decreased, they've gone through the police department and our traffic officer which is Scott VanNess.

 

Mrs. Labow: Okay, so and Scott does do a very good job.

 

Mayor Scapicchio: He does a great job.

 

Mrs. Labow: Okay, thank you. I'm sorry for the interruption.

 

President Tobey: Not at all. Roll Call?

 

ROLL CALL: Passed Unanimously

 

President Tobey: Ordinance #24-2010 is passed on second reading, and I hereby direct the Clerk to forward a copy of same to the Mayor and publish the notice of adoption as required by law. I open the hearing to the public on Ord. #26-2010:

 

Ord.#26-2010 Ordinance of the Township of Mount Olive, in the County of Morris, New Jersey Appropriating $32,800 for the Acquisition of Certain Property, Such Appropriation Consisting of a $32,800 Green Acres Grant from the State of New Jersey Department of Environmental Protection.

 

President Tobey: Does anyone from the public wish to be heard? Seeing none, Mr. Roman, would you please

move that?

 

Mr. Roman: I move for adoption and final passage of Ord. #26-2010.

 

Mr. Perkins: Second

 

President Tobey: It's been moved and seconded. Any Council discussion? Roll Call please.

 

ROLL CALL: Passed Unanimously

 

President Tobey: Ordinance #26-2010 is passed on second reading, and I hereby direct the Clerk to forward a copy of same to the Mayor and publish the notice of adoption as required by law. I open the hearing to the public on Ord. #27-2010:

 

Ord.#27-2010 Refunding Bond Ordinance Providing for Payment of Amounts Owing to Others for Taxes Levied in and by the Township of Mount Olive, in the County of Morris, New Jersey, Appropriating $1,460,000 Therefor and Authorizing the Issuance of $1,460,000 Bonds or Notes of the Township for Financing the Cost Thereof.

 

President Tobey: Does anyone from the public wish to be heard? Seeing none, I am going to ask Mr. Mania to

please continue this to the November 23, 2010, meeting.

 

Mr. Mania: I move that we continue Ord. #27-2010 to the meeting of November 23 rd .

 

Mrs. Labow: Second.

 

President Tobey: It's been moved and seconded. Roll Call please.

 

ROLL CALL: Passed Unanimously

 

ORDINANCES FOR FIRST READING – 2 nd reading 11/23/2010

 

President Tobey: We are up to Ordinances for First Reading. Second Reading is November 23, 2010.

The next item on the Agenda for First Reading is Ord. #28-2010 entitled:

 

Ord.#28-2010 An Ordinance to Amend and Supplement Various Articles of Chapter 400 Entitled ‘Land Use” to Implement Recommendations of the June 17, 2010m Periodic Reexamination Report of the Master Plan and Development Regulations – Amended July 15, 2010, and the October 14, 2010, Amendment to the Master Plan Land Use Plan Element of the 2003 Master Plan to Rezone a Parcel to the Public/Conservation District and to Rezone Certain Parcels to New Zone Districts.

 

President Tobey: Mr. Greenbaum, would you be so kind?

 

Mr. Greenbaum: I move that Ordinance #28-2010 be introduced by title and passed on first reading and that a

meeting be held on November 23, 2010 at 7:00 p.m. at the Municipal Building, 204 Flanders-Drakestown Road,

Budd Lake, NJ 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. Mania: Second.

 

President Tobey: Thank you. It's been moved and seconded. Any Council discussion? Seeing none, Roll Call

please.

 

ROLL CALL: Passed Unanimously

 

President Tobey: The next item on the Agenda for First Reading is Ord. #29-2010:

 

Ord.#29-2010 Ordinance of the Township Council of the Township of Mount Olive Amending Ordinance #43-2007 Chapter 102, Article I of the Municipal Code.

 

President Tobey: Mr. Roman, would you be so kind?

 

Mr. Roman: I move that Ordinance #29-2010 be introduced by title and passed on first reading and that a

meeting be held on November 23, 2010 at 7:00 p.m. at the Municipal Building, 204 Flanders-Drakestown Road,

Budd Lake, NJ 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. Perkins: Second.

 

President Tobey: Thank you. It's been moved and seconded. Any Council discussion? Seeing none, Roll

Call please.

 

ROLL CALL: Passed Unanimously

 

President Tobey: The next item on the Agenda for First Reading is Ord. #30-2010:

 

Ord.#30-2010 An Ordinance of the Township Council of the Township of Mount Olive Amending Ordinance #21-2010 of the Township of Mount Olive Entitled “Salaries of Certain Non-Union Personnel.”

 

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

 

Mrs. Labow: Yes, thank you Mr. President. I move that Ordinance #30-2010 be introduced by title and passed

on first reading and that a meeting be held on November 23, 2010 at 7:00 p.m. at the Municipal Building, 204

Flanders-Drakestown Road, Budd Lake, NJ 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. Mania: Second.

 

President Tobey: Thank you. It's been moved and seconded. Any Council discussion? Seeing none, Roll

Call please.

 

ROLL CALL: Passed Unanimously

 

President Tobey: Moving on to Consent Resolutions, we have 19 listed for this evening. Does anyone wish to move any to Non Consent? Excuse me; we have 20 listed Consent Resolutions.

 

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

 

•  Resolution of the Township Council of the Township of Mount Olive Authorizing an Interlocal Health Services Agreement with the Borough of Netcong for the Provision of Health Services Pursuant to the Interlocal Services Act (NJSA 26:38A2-1 et seq.).

 

•  Resolution of the Township Council of the Township of Mount Olive Authorizing Interlocal Health Services Agreement with the Borough of Mount Arlington for the Provision of Health Services Pursuant to the Interlocal Services Act (NJSA 26:38A2-1 et seq.).

 

•  Resolution of the Township Council of the Township of Mount Olive Authorizing the Mayor to Execute a Contract for the Sale of the Township's Interest in Charters Farm.

 

•  Resolution of the Township Council of the Township of Mount Olive Awarding a Contract to Various Contractors for Snowplowing Services.

 

•  Resolution of the Township Council of the Township of Mount Olive Authorizing the Institution of an In-Rem Tax Foreclosure.

 

•  Resolution of the Township Council of the Township of Mount Olive Authorizing the Cancellation of Several General Capital Ordinance Balances (Ordinance# 37-2002 & #18-2009).

 

•  Resolution of the Township Council of the Township of Mount Olive Authorizing the Cancellation of Several Water Capital Ordinance Balances (Ordinance# 19-2009 & #40-2008).

 

•  Resolution of the Township Council of the Township of Mount Olive Requesting Approval from the Director of the Division of Local Government Services for the Insertion of a Specific Item of Revenue into the 2010 Municipal Budget ($9,628 for Upgrade of Patrol Vehicle Radar Units).

 

•  Resolution of the Township Council of the Township of Mount Olive Authorizing the Use of One Purchasing Contract (North Church Gravel Inc.).

 

•  Resolution of the Township Council of the Township of Mount Olive Providing for the Transfer of 2010 Budget Appropriations for the Current Fund Budget.

 

•  Resolution of the Township Council of the Township of Mount Olive Authorizing the Cancellation of Various Grant Balances (COPS Universal Hiring Grant, Clean Communities Grant & Body Armor Grant).

 

•  Resolution of the Township Council of the Township of Mount Olive Authorizing Change Order No. 1 (Final) and Payment Certificate No. 2 (Final) in Connection with the Improvements to Wolfe Road Project.

 

•  Resolution of the Township Council of the Township of Mount Olive Authorizing a Settlement in Connection with the Tax Appeal Entitled Princeton Alliance Church v. Mount Olive Township.

 

•  Resolution of the Township Council of the Township of Mount Olive Authorizing a Settlement in Connection with the Tax Appeal Entitled Eden Park v. Mount Olive Township.

 

•  Resolution of the Township Council of the Township of Mount Olive Authorizing a Public Hearing in Connection with the Proposed Agreement Between United Water and the Township of Mount Olive for the Operation of the Township's Water System.

 

Mrs. Lashway: You have 18 and you are adding 2.

 

President Tobey: Eighteen and adding two. Mrs. Labow?

 

Mrs. Labow: Yes, I have a question. I don't know if I want it removed. Do you want to remove it and I'll ask

the question or ask the question of it and leave it where it is. It's on Charters.

 

Mr. Dorsey: Well, what's the question?

 

Mrs. Labow: I just want to know, is that now sold?

 

Mr. Dorsey: No it is not sold. The auction is scheduled…

 

Mr. Sohl: Twenty-third of November I think.

 

Mr. Dorsey: Twenty-third of November.

 

Mrs. Labow: So if somebody does purchase at the auction, it just authorizes the sale?

 

Mr. Dorsey: Yes, there is apparently some time limit with which the Mayor must sign it in order to keep the flow and that is why the resolution is being offered now.

 

Mrs. Labow: Okay, thank you. I don't need to take it off. I just needed clarification.

 

President Tobey: Mr. Perkins?

 

Mr. Perkins: Just for clarification, Mr. President, the Agenda I've got has 15 Consent Resolutions.

 

Mrs. Lashway: There are 15 Consent, there are 3 on Non-Consent and we are adding 2 more under Non-Consent. One is authorizing a reassessment for 2011; Number twenty will be authorizing the appeal of the ratio. So there will be 15 on Consent and 5 on Non-Consent.

 

President Tobey: So we are going with 15. Mr. Walsh, would you please make a motion on 15?

 

Mr. Walsh: Sure, I move Consent Resolutions 1 through 15.

 

Mr. Mania: Second.

 

President Tobey: Thank you. It's been moved and seconded.

 

Mrs. Labow: I thought we were going to move 15 to Non-Consent.

 

President Tobey: We are just going to 15 now.

 

Mr. Perkins: There are 15 under Consent.

 

PUBLIC PORTION ON CONSENT RESOLUTIONS

 

President Tobey: Does anyone from the public wish to be heard on any of the Consent Resolutions? Seeing none, Roll Call please.

 

ROLL CALL

 

Mrs. Lashway: Mrs. Labow?

 

Mrs. Labow: Do you want Council Comments?

 

President Tobey: Council Comments please. Excuse me.

 

COUNCIL COMMENTS ON CONSENT RESOLUTIONS

 

Mrs. Labow: Number 15 is the one that deals with…which is the one that deals with the Mayor continuing and

the Township Attorney continuing negotiations?

 

Mayor Scapicchio: Number 15.

 

President Tobey: That is 15.

 

Mrs. Labow: Okay, so 18 is the one that actually…okay, that's it. That's all I wanted to know.

 

President Tobey: Mr. Perkins?

 

Mr. Perkins: Thank you Mr. President. I just want to point to Consent Resolutions Number one and two.

Those are the continuation of our shared service agreements with the Borough of Netcong and Mt. Arlington,

respectively. There are three other municipalities that Mount Olive Township shares services with and we do

have a proposal out to one other municipality and with luck by the end of this month or the beginning of

December, we should be able to bring them on board, Mr. President.

 

Mrs. Labow: Good job.

 

President Tobey: Thank you. Mr. Greenbaum?

 

Mr. Greenbaum: Yes, once again I'd like to commend the Administration in terms of moving forward with

shared service opportunities. We all recognize that it is the only way we are going to survive at this point in

time and you guys have done a great job in terms of exploring every opportunity available.

 

Mayor Scapicchio: Rob, this other one with the Health Department is going to be one of the biggest

municipalities that we've partnered with over the past several years.

 

Mr. Greenbaum: You are going a great job.

 

Mayor Scapicchio: Thank you.

 

Mr. Sohl: And credit goes to…

 

Mr. Mania: I second Mr. Greenbaum's comment.

 

Mrs. Labow: Mr. Tobey, if I could just…

 

President Tobey: Mrs. Labow?

 

Mrs. Labow: I was actually the Chair of the Board of Health when we did Mt. Arlington and I just want to say

that a lot of work goes into it. You have to look at the demographics, figure out what kind of staffing you need.

So these things are not done lightly...a tremendous amount of comparison. Frank Wilpert does an excellent job.

He's part of the Administration, I just wanted to add, he's not here. He does a great job in doing the analysis.

You have to figure out what kind of needs are you going to have, what's the demographics, what's the

population base. Is it predominantly seniors, younger families, what's going on there? So it's not just a matter

of they have 10,000 people and they have 15 restaurants, they have 2 commercial facilities, whatever. It's

not that, I can remember sitting with Frank for several hours going through the…we specifically used the

Census Bureau website which is really a great resource because it actually really breaks things down for you.

These things aren't just done over by, they are time consuming and they have been more than well worth it. I

think this is our third, Ray, on Mt. Arlington's, our third renewal I think and Netcong is I think it is our fifth

now and the Mayor has said that we are moving on to some more so this is really great news.

 

Mr. Perkins: We keep Frank pretty busy.

 

Mrs. Labow: Yes, Frank is a very busy young man.

 

Mr. Greenbaum: It goes beyond health. It goes to every opportunity whether it is Library or any other service

that we provide.

 

Mr. Sohl: Just for the record, it's a team effort with no one person singled out.

 

Mrs. Labow: That was my point. It takes a lot. You have to go through everything. If Frank decides he needs

extra help, he's got to go to Bill, he's got to go to the Mayor, we have to go to Sherry. It's a cooperative effort

all the way around. The good part is that once that you are working with another town too on one shared service

project it opens opportunities for other projects you can work together so as soon as you get that foot in the door

you start opening up a lot of opportunities all the way around.

 

President Tobey: Thank you. Mayor?

 

Mayor Scapicchio: We are also working with or talking to two other municipalities in an effort to try and put

together one court system, two other large municipalities.

 

Mrs. Labow: That would be great.

 

Mayor Scapicchio: It's in the beginning stages of talks but that's how things start.

 

President Tobey: Thank you. Roll Call please.

 

ROLL CALL: Passed Unanimously with the exception, Mr. Perkins voted No on Resolution 15

 

RESOLUTIONS NON-CONSENT

 

President Tobey: We are up to Non-Consent Resolution #16. Mr. Perkins, would you please move that?

 

•  Resolution of the Township Council of the Township of Mount Olive Commemorating the Service of Walter Sevensky in the Township's Police Department.

 

Mr. Perkins: Yes, Mr. President, I move for adoption of Non-Consent Resolution #16.

 

President Tobey: Thank you. I'll second that. Is there anyone from the public who wishes to be heard? Any Council Comments?

 

Mrs. Labow: Can we actually read that instead of just voting?

 

President Tobey: Please.

 

Mrs. Labow: Let me get to that resolution. Does somebody else have it handy that wants to read it?

 

Mr. Walsh: Yes, I'll read it. Number 16 is “ Resolution of the Township Council of the Township of Mount Olive Commemorating the Service of Walter Sevensky in the Township's Police Department.” There you go. You got it.

 

President Tobey: Thank you. Roll Call please?

ROLL CALL: Passed Unanimously

 

President Tobey: Non-Consent Resolution #17, Mr. Mania, would you please move that?

 

Mr. Mania: I move Resolution #17 Non-Consent. Mr. President, if I may read that resolution?

 

President Tobey: Please.

 

Mr. Mania:

 

•  Resolution of the Township Council of the Township of Mount Olive Commending Father Joe Orlandi on his Outstanding Military Service on Veteran's Day.

 

WHEREAS , it is noteworthy that the current Administrator of Saint Jude's Church, Budd Lake, New Jersey, known as Father Joe, also had a distinguished military career; and

WHEREAS , Father Joe was a Chaplain for the Roman Catholic faith in the United States Army, having been assigned as Command Chaplain in various units in which he distinguished himself in advising commanders on matters of religion and providing pastoral care to all military personnel assigned to the MMC-1 and served as community Roman Catholic priest to the Catholic parishioners at Camp Victory, he trained, managed and supervised lay Eucharistic ministers to conduct services in the absence of a Catholic Chaplain and rose to the rank of Colonel within the United States Army serving in Iraq-Afghanistan and Desert Storm; and

WHEREAS , Father Joe has had a distinguished career in the priesthood, he was ordained on May 26, 1973, he served as assigned Associate Pastor of Mount Carmel Church in Boonton until September 1975, he then served as Co-Pastor of Saint Brendan's Church in Clifton for nearly twelve years, and then served as Pastor of Saint Michael's Church in Paterson for nearly eighteen years, and more recently in February of this year, was assigned as Administrator of Saint Jude's Church in Budd Lake, New Jersey; and

WHEREAS , the Budd Lake community is proud of Father Joe and particularly proud on Veterans' Day, for his outstanding service as a Chaplain within the United States military;

NOW, THEREFORE, BE IT RESOLVED this 9 th day of November, 2010, that the Township Council of the Township of Mount Olive, joins in the pride and recognition given to Father Joe for his service in the military and commends him on same and might I add, at no fault of anyone but…

Mrs. Lashway: We need to take a break. We need to switch the tape so everybody be quiet for a minute. We're good, keep going.

 

Mr. Mania: At no fault of anyone but the information that I was given, Father Joe served in Desert Storm, Iraq- Afghanistan and has numerous medals to his credit.

 

President Tobey: Thank you Mr. Mania. I'll second that. Does anyone from the public wish to be heard? Any other Council Comments? Roll Call please.

 

ROLL CALL: Passed Unanimously

 

President Tobey: We are up to Non-Consent Resolution #18. Mr. Roman, would you please move that?

 

Mr. Roman: Yes, I would like to move for approval of Non-Consent Resolution #18.

 

•  Resolution of the Township Council of the Township of Mount Olive Authorizing the Negotiation of a Proposed Contract with United Water for the Provision of Certain Water Services as Set Forth in the RFQ/RFP Issued by the Township of Mount Olive and in Accordance with the Required Provisions of the New Jersey Water Supply Public-Private Contracting Act, N.J.S.A. 58:26-19 et. seq.

 

President Tobey: Thank you. I will second that. Is there anyone from the public who wishes to be heard? Any Council Comments? Mrs. Labow?

 

Mrs. Labow: I just want to change my vote on Resolution #15. Previously, I thought, I can't do that?

 

Mrs. Lashway: No.

 

Mrs. Labow: Okay, because I thought the one on Non-Consent was the one for the agreement and it was just the reverse because I am not in agreement with the agreement between United Water and the Township of Mount Olive. I do have a lot of questions about that. I will discuss, I guess, during Old Business.

 

President Tobey: Okay, Mr. Roman?

 

Mr. Roman: Just so I understand this correctly, this resolution is only to keep the wheels in motion so that we can continue to ascertain information in order for us to be able to make a complete decision based on all available facts and not on anything that is, any data that might be old or expired. Am I correct in assuming that?

 

Mr. Dorsey: That's right. Yes, it moves us on to the Public Hearing.

 

President Tobey: Thank you. Did you move that, Mr. Roman, I'm sorry?

 

Mrs. Lashway: It's been moved and seconded.

 

PUBLIC PORTION ON INDIVIDUAL RESOLUTIONS

 

COUNCIL COMMENTS ON INDIVIDUAL RESOLUTIONS

 

President Tobey: It's been moved and seconded. Okay, any questions from the public? Seeing none, anything else from Council? Mrs. Labow?

 

Mrs. Labow: I just want some clarification now. In this document that we received, Operations, Maintenance and Management Services Agreement, it says that this is going to start December 1, 2010, but then we've received other memos that talked about a 90 day public inspection time. So, if I can have some clarification on, so we have one resolution that directs negotiations to continue, we have another resolution that is agreeing to this. What exactly do we have here because it has been like last minute and I don't think a lot of us have had a chance to really digest all of it.

 

President Tobey: Mayor?

 

Mayor Scapicchio: Nothing has been last minute and this resolution that you have before you there is a specific process that a municipality needs to take moving forward that is dictated by Statute and all this resolution does is to allow that process to move forward with notices, public hearings and the like. In order for this to become, to be finished, it needs to be an ordinance and adopted by this governing body.

 

Mrs. Labow: So this other information in this Operation, Maintenance and Management Services Agreement where it says that it takes effect on December 1 st in fact, it does not.

 

Mayor Scapicchio: That must be a typo because it can't. It can't be based on the Statute and the timeline that is laid out.

 

Mrs. Labow: That is why it is confusing. When you go through and read this, it's kind of says one thing and something says something else.

 

Mayor Scapicchio: Excuse me, John, can we change that date now?

 

Mr. Dorsey: We could change it, of course, the date is not going to be completed until after, the date cannot be fixed until after the Public Hearing and until after we notify DEP, BPU and Local Government Services.

 

Mayor Scapicchio: John, what are we thinking? Ninety days or so?

 

Mr. Dorsey: Yes.

 

Mrs. Labow: Ninety days is part of the statutory requirement.

 

Mr. Dorsey: Right. The date of when it will start will be the last thing that will be fixed in the contract.

 

Mrs. Lashway: Alright, the date is in the contract, it is not in the resolution.

 

Mr. Dorsey: That's right.

 

Mrs. Labow: Okay, that was my next question. Even though it refers to the contract, these dates are not binding. We are making that clear at this point. I just want to make sure we have all of those facts straight.

 

Mr. Dorsey: That's correct.

 

President Tobey: Roll Call please.

 

ROLL CALL: Passed with the exceptions, Mrs. Labow and Mr. Perkins voted No.

 

President Tobey : We are up to Non-Consent Resolution #19, Resolution of the Township Council of the Township of Mount Olive Authorizing Reassessment for 2011. Mr. Mania, would you please move that?

 

Mrs. Lashway: Number 19 is the resolution authorizing the reassessment for 2011.

 

President Tobey: Mr. Mania, you can just move it without reading the full resolution into the record.

 

Mr. Mania: Resolution of the Township Council of the Township of Mount Olive Authorizing a Reassessment for 2011.

 

Mr. Perkins: Second

 

President Tobey: Does anyone from the public wish to be heard? Council Comments? Roll Call please?

 

ROLL CALL: Passed Unanimously

 

President Tobey: We are up to Non-Consent Resolution #20. Resolution of the Township Council of the Township of Mount Olive Authorizing Appealing the Directors Ratio on the Basis of Not Including All Sales Which Took Place Between July 1, 2009 and December 31, 2009. Mr. Walsh, would you please move that?

 

Mr. Walsh: I move Non-Consent Resolution #20.

 

Mr. Greenbaum: Second.

 

President Tobey: It's been moved and seconded. Does anyone from the public wish to be heard?

 

Mr. Greenbaum: You should read it by title so that the public has an understanding as to what resolution #20 refers to.

 

Mr. Walsh: Okay, sure. Resolution of the Township Council of the Township of Mount Olive Authorizing

Appealing the Directors Ratio on the Basis of Not Including All Sales Which Took Place Between July 1, 2009

and December 31, 2009.

 

 

President Tobey: Thank you. I'll second that. Is there anyone from the public who wishes to be heard?

Yes sir.

 

Nelson Russell: Mr. Walsh, we don't have the ordinance in front of the public.

 

Mrs. Labow: Resolution.

 

Mr. Walsh: I hear what you are saying. You don't have copies of it because it was all very…

 

Mr. Russell: What is it pertaining to?

 

Mr. Walsh: The ratios came in.

 

Mr. Russell: What ratios?

 

Mr. Walsh: The property tax ratios that are given to us by the State. Go ahead Mr. Greenbaum.

 

President Tobey: Before you go, Mr. Russell, the resolutions are out on the table for the public.

Mr. Russell: No, I've been there twice.

 

Mr. Greenbaum: Let me see if I can explain it to you.

 

Mrs. Lashway: I put them out after we came out of Executive Session. I posted it and put it on the table.

 

Mr. Greenbaum: Let me summarize it for you. We get from the State of New Jersey a ratio in terms of what the value of our property is compared to what we assess it at and it is important because it is used for a number of different purposes including for tax appeals by various property owners. In this particular instance we believe that the ratio that we received from the State of New Jersey is low compared to actually what we are assessed at and we are going to go back to the State to get a determination, if possible, that our ratio is actually closer to 100% than the State listed us at. It is important to the Township for a number of different reasons and we've made the decision that it is worth the effort to try and change the ratio.

 

Mr. Russell: Is that the ratio that is used by the County to determine the County tax?

 

Mr. Greenbaum: I would imagine it is the ratio that is used by everybody to determine every tax that we pay in the town and it is important because of what is happening in the real estate market both residentially and commercially to keep our ratio as close to 100% as possible if, in fact, that's what we're actually at because obviously if we are at 100% then we are taxing at what the value of your house is assessed at. It's particularly important when someone deals with a tax appeal, as I said earlier, that we be as close to 100% as possible.

 

Mr. Russell: So if it does become 100% it lowers my County tax, correct?

 

Mr. Greenbaum: If we are at 100% then you are being taxed at the right rate and so that other people can't come in and say that they are being taxed at the wrong rate based upon the ratio that their property is assessed at.

 

Mr. Russell: Thank you.

 

Mr. Greenbaum: It benefits all of us to be as close to 100% always as possible.

 

Mr. Russell: I understand. Thank you.

 

President Tobey: Does anyone else from the public wish to be heard? Any Council? Mrs. Labow.

 

Mrs. Labow: I know I've talked about this in the past. Other Council members have talked about this in the past. For the past four years we've gone the reassessment route three times now at a huge cost to the taxpayers. One of the things that we've discussed is having a rolling tax assessment. We've discussed it so that there is going to be a cost to the department. Jack's giving me the look. So we've spent, I don't know what it was, the original one was, Sherry, do you remember how much? A couple of a hundred thousand on the first one?

 

Mrs. Maniscalco: Are you talking about the reval? The reval was $605,000. The reassessment was $115,000. This one is looking to be $33,000.

 

Mrs. Labow: Yes, $33,000. So in four years, three times we are going down this path spending upwards to $800,000. We wouldn't have spent anything near that to take on the additional staff part time that we are spending now if we had the rolling assessment. Rolling assessment, very simple terms, every year you have to do a quarter of the Township. You maintain your 100% value. We wouldn't be looking at this problem for the third time in four years. There are other towns, Bernardsville being one of them; one of the Chester's being the other; Jack is going to come talk. Jack and I disagree on this, who do the 100% reval and they don't come up with this problem so I think that we might want to entertain, see if this is something we may want to do or do we want to keep spending money doing reassessments. I don't, it's something I want to…

 

President Tobey: Jack, before you go, I'm going to allow Mr. Greenbaum to comment.

 

Mr. Greenbaum: Colleen, I don't know whether or not a rolling assessment is in the best interest of the Township. It is obviously something that we've discussed ever since I've been on Council but I don't think that in this particular instance even if we had done a rolling assessment that we would be in any different position because we just did a reassessment to start with last year which was the same as if you had done a rolling reassessment. The problem here is not the fact that we haven't reassessed or done it on a yearly basis. The fact is that we believe that the State has assigned the wrong ratio to the Township. So whether or not we had done it the way that you suggested and maybe it is a better way, it certainly wouldn't have solved the problem that we are here on now.

 

Mrs. Labow: But since we are faced with this again and I think that with the real estate market the way it is going because, I'd like Jack to find out for us and his opinion and maybe talk to Barry Krauser with the foreclosures, the short sales, how much of effect is that going to have on property values. I know in some cases some people have gone, various towns have gone and some of the professionals are not looking at those numbers. Some are. There seems to be a very mixed thought process out there in terms of how much those numbers weigh in. If they do start to weigh in a lot, we could be looking at some dropping values and I don't if we are going to be looking at another $35,000 or $50,000 next year. So it just might be something that we want to look at and evaluate and see if perhaps that is a way to go. I don't know. Unless we get the information, we don't know.

 

President Tobey: Jack?

 

Mr. Marchione: I just want to correct Colleen, at least my opinion of what the cost factors are. Two or three years ago you asked me to take a look at Bernards Township. Bernards Township does indeed go through a rolling reassessment every single year. They have about the same line items as we do, they have about the same population as we do compared to similar towns. They have five people in their assessing department. We have two. Those three extra people would certainly cost well more than $150,000 a year. You're comparing the cost of the revaluation. We would have had to have done that anyway. We'd have to start off with a revaluation first so that $600,000 was going to happen either way.

 

Mrs. Labow: Good point. I stand corrected.

 

Mr. Marchione: Last year, I should say in 2010 the cost was $110,000. I think three more employees would far exceed $110,000 with all of the costs and this year it is only $32,000. I'm sorry; $33,000 is what we project to do the reassessment with outside help. Every single year I take a look at these values. I make my recommendation based on what I feel is the best for the Town always and this year I wholeheartedly agree that the best thing to do is to go through another reassessment they way we have done it. I think it is the best cost savings for the Town and I will continue to do so as we go forward.

 

Mrs. Labow: The question I would have then, you just said that you have to do a revaluation first. Would we have to do another revaluation or reassessment if we were to go with the rolling? Would we have to do a complete reval again?

 

Mr. Marchione: From this point forward? That would have to be a decision made by the State and it would only be conjecture on my part if they would approve that or not.

 

Mrs. Labow: Okay, thank you.

 

President Tobey: Mr. Greenbaum, then Mr. Roman.

 

Mr. Greenbaum: Jack, if I'm not mistaken, the State calls for the revaluation when our ratio gets so far out of whack that it no longer represents a true value as to what the property in the Township actually is. So these reassessments that we are doing now actually may forestall the State from coming in for a longer period of time

 

to request a revaluation because we are constantly keeping our ratio at a number which doesn't actually require the State to come in and call for a revaluation. So although we are spending the money on a yearly basis to try and stay ahead of the curve, ultimately we may put off the big cost of the second revaluation years down the road. We may actually be saving money in the long run over a period of 10 or 20 years because we may actually skip one revaluation because we've continued to do it as we go along. In essence, we are doing a rolling revaluation through these reassessments.

 

Mr. Marchione: Yes, I think that is a fair statement.

 

Mrs. Labow: That is a good point and that is exactly why it is good to have this kind of conversation so we do bring this out. That's a great point, Rob.

 

President Tobey: Mr. Roman?

 

Mr. Roman: Jack, if I'm correct in understanding, if we had a rolling revaluation in place it would require an initial two to three employees so it probably would have cost us an additional $200,000-$300,000 as of this point, give or take.

 

Mr. Marchione: My estimation two years ago was $150,000-$200,000.

 

Mr. Roman: So basically by doing it the way we are doing it, it is the most cost effective way and had we done it any other way as proposed by somebody else it would have cost us an additional $200,000-$300,000.

 

Mr. Marchione: Yes, that is a fair statement.

 

Mrs. Labow: That is good points. Thank you, Jack.

 

Mr. Marchione: No problem.

 

President Tobey: Jack, thank you very much.

 

Mr. Marchione: You are welcome.

 

President Tobey: Roll Call please.

 

ROLL CALL: Passed Unanimously

 

President Tobey: We are up to Consent Resolutions. There's three listed. Mr. Mania, would you please move them as presented.

 

CONSENT MOTIONS

 

•  Approval of a Peddler's Permit for Frank Lukacs for door to door solicitation.

•  Appointment of Rick Ege to a 2 year term to the Musconetcong River Management Council.

•  Bill List. PDF Bill List

 

Mr. Mania: Yes, Mr. Chairman, I move Consent Resolutions 1, 2 and 3. I'm sorry, I move the Consent Resolutions. Thank you.

 

All: Consent Motions.

 

Mr. Perkins: Second.

 

President Tobey: It's been moved and seconded. Mr. Roman?

 

Mr. Roman: I have a question regarding the approval of the peddler's permit. I am assuming I am correct in understanding that this is going to be an individual going door to door handing out flyers in order to promote his business, a business that I might add is not located within the Township. I believe I am correct in that understanding.

 

Mrs. Lashway: It is to approve door to door solicitation for a business. I don't know where his business is located. That is not a requirement.

 

 

Mr. Roman: Okay, I agree. Do we know how many permits such as this that we approve as far as somebody going door to door promoting their…

 

Mrs. Lashway: One or, it's an annual permit and I believe we have only approved one or two others for this year.

 

Mr. Roman: Thank you very much.

 

President Tobey: Does anyone from the public have any questions regarding the Bill List? Yes, sir?

 

Mrs. Labow: While he is coming up there, I just wanted to tell Mr. Roman that it is a lengthy process too, to get your permit.

 

Ned McDonnell, Budd Lake: On page 14 there are some items for, sweatshirts and jackets. I am just wondering what these are, who is getting these jackets? What are they for?

 

Mrs. Maniscalco: This actually was for Fire Prevention and Mark is out there. Mark, do you actually want to talk about why you need them. Mark, it was actually sweatshirts and jackets.

 

Mark Muccione, Fire Inspector: Sorry, I'm not wearing one. Sorry, my supervisor doesn't know that I am answering the question but basically we have to be identified when we go in for our inspections throughout the Township. The emblem says Fire Marshall on it. Okay?

 

Mr. McDonnell: Okay, fair enough, thank you very much.

 

President Tobey: Thank you. Roll Call on Motions 1-3.

 

ROLL CALL: Passed, Mr. Roman vote No on #1 and Mr. Greenbaum abstained on #1 as he is a client of his

 

President Tobey: We are up to Administrative Reports. Mayor, Mr. Sohl?

 

ADMINISTRATIVE REPORTS

 

Mayor Scapicchio: Nothing to report.

 

Mr. Sohl: I would just like to add one comment, the level of the lake which changes throughout the year, at this time we get DEP approval and have received that to lower the lake level by one weir board. That is one 2 x 6, 2 x 10 and that has been done.

 

President Tobey: Thank you. Any Old Business?

 

OLD BUSINESS - None

 

President Tobey: Any New Business?

 

NEW BUSINESS - None

 

President Tobey: Legal Matters, Mr. Dorsey?

 

LEGAL MATTERS - None

 

Mr. Dorsey: None this evening.

 

President Tobey: Thank you, we are up to Council Reports. Does anyone have any reports to offer? Mr. Roman?

 

COUNCIL REPORTS

 

Recreation Liaison Report – A. Roman

 

Mr. Roman: As I previously alluded to, before this meeting we had a meeting with several of the sports organizations. Among one of the items that came about was the possibility of adding a field maintenance fee

 

that would be assessed by the sports organizations to each participant. That fee would be solely used for the purpose of maintaining our current athletic fields. I expect all sports organizations to approve it and I look forward to our current fields being back the way they used to be.

 

President Tobey: Thank you, if I could just carry that a step forward also. The basis for the meeting is that Tim Quinn and Jim Lynch's department, you know through budget cuts has gotten smaller, the fields are starting to show it, the associations as Mr. Roman mentioned, came into the meeting, we're looking for a win-win for the benefit for all involved and I'm confident also that good things are going to come out of this and we'll keep everyone posted so thank you.

 

Board of Health Report – none

Planning Board Report – none

Open Space Committee Report – none

Legislative Committee Report – none

Pride Committee Report – none

Board of Education Liaison Report – none

Lake/Environment Issues Committee – none

Safety Committee Liaison – none

Economic Development Committee Report – none

Library Board Liaison – none

Senior Citizen Liaison – none

Community Development Revenue Sharing – none

 

President Tobey: Any other Council Reports? Seeing none, we're up to the second Public Portion. Does anybody wish to be heard? Yes sir?

 

PUBLIC PORTION

 

Mr. Nelson Russell, Budd Lake: I was kind of asleep at the switch when you opened the Public Portion for Ordinance 24-2010. Sand Shore Road intersects Route 46 at two points and it doesn't specify which one.

 

President Tobey: Two points?

 

Mr. Russell: Sandshore Road runs from Route 46 around the lake to the other side, back to Route 46.

 

Mrs. Labow: It's Smithtown then, over there.

 

Mr. Russell: Huh…

 

Mrs. Labow: When it goes…

 

Mr. Sohl: No, he's right.

 

Mr. Roman: No, he is right. Sandshore goes all the way through.

 

Mr. Sohl: Sandshore by Naughright Road.

 

Mrs. Labow: Oh yes up further… I'm sorry, yes.

 

Mr. Russell: The Ordinance doesn't specify which Route 46.

 

President Tobey: It is broken into two zones. Zone one and zone two specified.

 

Mr. Russell: Am I going from Naughright Road to 500 feet North of Knowles Lane or am I going from the hardware store or… Amish Mike's to 500 feet of Knowles Lane? It doesn't specify whether it's the Eastern or Western intersection.

 

President Tobey: Mr. Sohl, could we get…

 

Mr. Sohl: I'll have Sergeant VanNess provide a discreet description of where the changes are.

 

President Tobey: If we could have that provided also directly to Mr. Russell.

 

 

Mr. Russell: Logic says it's from the Eastern side because it's densely populated but the Resolution should specify that because zone one or zone two could be a conflict. It could be at 30 or 35 mph.

 

President Tobey: Okay, Mr. Sohl will get the specifics from Mr. VanNess. We'll verify that.

 

Mr. Russell: You'll add to the Ordinance?

 

President Tobey: We can make an amendment to the Ordinance moving forward to clarify if need be.

 

Mr. Russell: Fine, thank you.

 

President Tobey: Thank you, yes sir?

 

Ned McDonnell, Budd Lake: This is in regards to Ordinance 29-2010 which was passed on first reading tonight. It says that payments will charge a convenience fee of 1.5 to 3% of the transaction amount. Is it 1.5 or is it 3? What is the rate and how is that determined?

 

Mr. Walsh: Where's Sherry?

 

President Tobey: Sherry could you…

 

Mr. Walsh: There she is.

 

President Tobey: Verify that for us? How you would apply that actually.

 

Mayor Scapicchio: It's not the Township that's applying it, it's the banks.

 

Mrs. Maniscalco: Yes exactly. There's a range that we pay Ned. There's an interchange that we actually pay or what they actually call a discount fee. The reason that we put in a range is because the fee itself can vary. There's a portion of it that's fixed and then there's a set range of fees that the particular card issuer will charge and that can vary. We've put in a range so that we don't have to come back in another six months or a year to adjust what that level is. Right now we're setting it at 2.5% which is what we're paying.

 

Mr. McDonnell: Okay so it will be posted or you'll be able to know when you go to pay that bill what the actual rate will be at that time?

 

President Tobey: I believe that would be the case, Sherry, right?

 

Mrs. Maniscalco: Yes, it's actually already posted at this point. We have signs in the Tax Office; we have information up on the Web site. So people that have paid for the fourth quarter know that the fee is there. We have gotten some complaints about it but once they understand that the bank is no longer picking up the fee and whatnot, they are fine with it and basically if they don't want to pay the fee then they are not going to pay with a credit card so we are fine where we are right now.

 

President Tobey: Neither was it appropriate for the Township or the Taxpayers to pick up on that fee for those that pay by credit card.

 

Mr. McDonnell: Thank you.

 

President Tobey: Thank you very much. Mrs. Labow?

 

Mrs. Labow: Did the fee change for debit cards also? Or is it just the credit?

 

Mrs. Maniscalco: If you pay Colleen with a Visa or a MasterCard it doesn't matter whether it goes through as a debit or a credit, we still get charged for that and therefore we're going to be passing that fee along to you, the customer.

 

Mrs. Labow: You can still do electronic check online?

 

Mrs. Maniscalco: Yes, you can do that. There's no cost for that.

 

Mrs. Labow: There's no cost for that?

 

 

Mrs. Maniscalco: Yes, no cost for that.

 

Mrs. Labow: Thank you.

 

Mrs. Maniscalco: Sure

 

President Tobey: Thank you Sherry. Does anyone else from the public wish to be heard? Seeing none, we are up to Council Comments. Mr. Mania?

 

COUNCIL COMMENTS

 

Mr. Mania: Thank you Mr. Chairman. I'm sure most of you read an article on October 31, 2010 that appeared in the Sunday Daily Record and it says “Town Jobs Come with Car for 200” In that formal Daily Record survey of all 39 Morris County towns, they also found that Mount Olive and Parsippany each provide 19 take home cars for employees, the most in the County. On November 1 st , I stopped in to see Sherry and she provided me with a list of people who take the cars home and I asked her if we could get the number of after hour calls… let's say, during a two year span and the number of after hour mileage, same time span. I'm wondering if we can address that this evening.

 

Mayor Scapicchio: I can provide some answers.

 

Mr. Mania: Okay.

 

Mayor Scapicchio: I saw that same article. We looked into it. We have eliminated two vehicles. We'll call it take home vehicles. One is the Chief Sanitarian and the other is a Fire Prevention Inspector from the Municipal side. From the Police Department side, I've had several discussions with Chief Spitzer and Captain Gardner and there are…. and I don't have specific counts but there are numerous occasions where multiple detectives and support…sergeants are called out. An example, we are required by the Morris County Prosecutors Office… they require us to assign five officers to a rapid development team which are called out when you see these drug busts at three o'clock in the morning or other occurrences that happen Countywide. I'm told that we're given an hour or two of notice when these undercover activities take place and we have to respond. There are other instances where multiple detectives are called out at the same time. You may have two at the hospital, you may have two that are interviewing the suspect, and you may have another call that goes out. The other thing that I thought was important was when you hear “take home cars” it assumes that you have a Township owned vehicle that you can use at your pleasure and that's not the case. These are cars in the Police department that are used to go back and forth from home to Township or direct response, immediate response, or rapid response. They are not used for any other purpose. The only other person in that Police department that uses their Township vehicle 24/7 is Chief Spitzer. The Chief is on call 24 hours a day, seven days a week. These cars are also equipped with radios that can have communications with not only the Township, the County but also the State. What I asked the Chief to do is to provide me with the additional costs that we incur by having these vehicles go home with these officers. We would need the vehicles anyway. The only additional cost is fuel and the Chief has provided me a number of $7,961.42 in additional fuel that we pay for to allow these officers to take these vehicles home. To date in my estimation, I think that it's a worthwhile expense. It's one that's based on access that we have to immediate responses. We are still looking at it. If the Council wants to pursue this anymore, I think we should schedule a Workshop with the Chief and the Captain. They can certainly go into a lot more detail then I have this evening but based on what I've already done, what I've looked into, I support this program. It's my understanding that this program has been in place since 1980 and the only additional officer that is taking a vehicle home is Scott VanNess who reports to major accidents and fatal accidents 24 hours a day, 7 days a week. He's been taking that car home either just as Chief Katona's term ended or Chief Spitzer took over so there have been no additional cars since the 1980's.

 

President Tobey: Mayor, I would ask instead of a Workshop meeting is it possible to coordinate a meeting with yourself, the Chief, Mr. Mania, I'll make myself available.

 

Mayor Scapicchio: Absolutely Phil, whenever you want to do that, we'll schedule it.

 

President Tobey: Okay.

 

Mr. Mania: Incidentally, there's… of the 19 vehicles, 14 are taken home by Police.

 

President Tobey: Mr. Roman?

 

Mr. Roman: I for one have witnessed the Chief responding to an accident that happened on a weekend. The Chief just happened to be driving by and I saw him jump right into action with the vehicle, with his lights on… I think if it weren't for him having his Police issued vehicle, I don't think he would have gotten the response

 

from the drivers by other than he might have appeared a good samaritan. I for one definitely want to look into it but I'm pretty sure there's more than ample evidence as to justify the use. Not to say that we shouldn't look into it but I thank the Chief for his judgment in this.

 

Mr. Mania: Again, all I'm trying to do is justify…

 

Mr. Roman: I agree 100%.

 

Mr. Mania: That's all I'm asking, justification.

 

President Tobey: Sherry?

 

Mrs. Maniscalco: John, I do have the information that you're looking for DPW. Tim gave it to me. I guess it was probably late last week for Tim, Jim Lynch and Doug Philhower. I do have it for this so I will forward this to you.

 

Mr. Mania: Incidentally, I just want to thank Sherry for all your help in this.

 

Mrs. Maniscalco: No problem.

 

Mr. Mania: And also Tim, thank you. I also, if I may Mr. Chairman… I had asked Tim to look into idling time for vehicles in the Winter time. People sort of get carried away in the Winter time and let vehicles idle for a long period of time. They like to get into a warm car but Tim sent me a memo. In reference to vehicle idling, I offer the following information. Each year since 2006 I have sent out a memo to all employees as follows: All Township vehicles are to be shut down when not in transit to help conserve fuel. The vehicle in use is not to be left idled for any reason unless for the purpose of performing a required job, related activity. This memo again will be issued in the next several days. There are exceptions to this rule. Diesels may be idled for approximately ten minutes. A diesel engine will run at a higher efficiency level at operating temperatures. During extreme cold temperatures they will idle to prevent fuel freeze up. I totally agree Tim, totally agree. I want to thank both of you.

 

President Tobey: Mayor, you will kindly coordinate that meeting or get some dates?

 

Mayor Scapicchio: I will.

 

President Tobey: Thank you, any other Council comments? Seeing none at this time, I'll accept a motion to adjourn.

 

ADJOURNMENT

 

Motion was made and seconded, all in favor and none opposed, the meeting was adjourned at 8:54pm.

 

_________________________________

Phil Tobey, Council President

 

I, Lisa 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 7, 2010.

 

 

_________________________________

Lisa Lashway, Township Clerk

mcm

 

 

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