The Regular Public Meeting of the Mount Olive Township Council was called to Order at 7:30 pm by Council President Greenbaum with the Pledge of Allegiance.

PLEDGE OF ALLEGIANCE & MOMENT OF REFLECTION for all those who have and continue to protect our freedoms and our way of life.

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. Buell, Mr. Rattner, Mrs. Labow, Mr. Tepper,
Mr. Tobey, Mr. Greenbaum

Absent: None

Also Present: David Scapicchio, Mayor; William Sohl, Business Administrator;
Dominic DiYanni, Township Attorney; Lisa Lashway, Township Clerk; Sherry Jenkins, CFO

President Greenbaum: Let the record reflect that Mr. Buell, I believe, is in a meeting of the Park people who are committed to advancing the Park interests within Mount Olive. I am sure he will be here shortly.

Questions on Bill List?

President Greenbaum: Are there any questions on the Bill List this evening? Mr. Rattner?

Mr. Rattner: Yes, just one question. I saw on the Bill List that we have the payment for the ambulance that we only approved last month, and I guess they are going to be receiving it soon because they bought it off the shelf or something like that which, finally, is better than all of their customized stuff. The only thing I want to make sure of is that we get the proper inspections from the leadership of the Rescue Squad that the equipment is there. I believe that they take it to their mechanic because I still have the bad taste in my mouth from the Rescue Truck that they bought that had the initial failure, and then the Council decided to pay Odyssey extra just to make it so that they could go meet their specifications. So I just want to make sure that we don’t release the check until we have that. We have the certification that everything works and we’re supposed to from their mechanic, which I believe is Miller Diesel, and from either Frank Carlo or Phyllis Gentile about the equipment that was spec’d on there because I don’t want to go through that again.

President Greenbaum: Does anyone have any issues on the Bill List? Mr. Buell, any issues on the Bill List?

Mr. Buell: No, all of my questions have been asked and answered.

President Greenbaum: Okay, I did note for the record that you were in a meeting inside.

Mr. Buell: Thank you.

APPROVAL OF MINUTES OF PREVIOUS MEETINGS

President Greenbaum: Okay, we’re up to approval of Minutes of previous meetings. Mr. Tobey, do you want to move both of those sets, all four sets I guess.

Mr. Tobey: Is this correct, the October 9th?

Mrs. Lashway: No, October 2nd.

President Greenbaum: October 2nd.

Mr. Tobey: October 2nd, I’m sorry.

Mr. Rattner: Because everyone can see that Mr. Perkins and I are here.

Mr. Tobey: Okay, I move for approval of Minutes of previous meetings of:

Sept. 25, 2007 PM, WS & CS
Present: Mr. Buell, Mrs. Labow, Mr. Greenbaum, Mr. Tobey, Mr. Tepper, Mr. Rattner
Absent: Mr. Perkins

Oct. 2, 2007 WS & CS
Present: Mr. Buell, Mrs. Labow, Mr. Greenbaum, Mr. Tobey, Mr. Tepper
Absent: Mr. Perkins & Mr. Rattner

Mrs. Labow: Second.

President Greenbaum: Moved and seconded. Are there any comments, deletions, corrections? Roll Call please.

ROLL CALL – Passed Unanimously with the exception Mr. Perkins abstained from both and Mr. Rattner abstained from October 2nd

CORRESPONDENCE

LETTERS FROM RESIDENTS / ORGANIZATIONS

1. Letter received October 5, 2007, from McManimon and Scotland, LLC regarding Request for Proposal, Legal Services.

RESOLUTIONS / ORDIANCES / CORRESPONDENCE OTHER TOWNS

2. Resolution received September 19, 2007, from the Township of Parsippany – Troy Hills, regarding Opposing the Sale of State Assets.

3. Information received September 27, 2007, from the Mount Olive Area Chamber of Commerce regarding Multi-Chamber Networking Meeting.

4. Invitation received October 1, 2007, from the Township of Denville regarding the Dedication of Denville Town Hall.

MUA / MSA

5. Letter received September 24, 2007, from the Sussex County Municipal Utilities Authority regarding the Proposed FY 2008 Rate Schedule.

6. Letter received September 24, 2007, from the Morris County Municipal Utilities Authority regarding MCMUA Vegetative Waste – Compost Facilities 2007 “Leaf Season” Hours.

7. List of Allocations received October 3, 2007, from the Musconetcong Sewerage Authority regarding participating Municipalities in the 4.31 MGD Water Pollution Control Plant.

DOT / DEP / LOI / HIGHLANDS

8. Letter received September 21, 2007, from Betts Environmental Services Corporation regarding CEA Biennial Certification Notification (Bd. of Ed. Transportation Depot groundwater contamination).

9. Letter received September 24, 2007, from the State of New Jersey, Department of Transportation, regarding Naughright Road – Available Funds.

10. Letter received September 27, 2007, from Gregory Ploussas, P.E., regarding Highlands Applicability and Water Quality Management Plan Consistency Determination, Givaudan Phase I Expansion, Block 402, Lots 2 and 5 (300 Waterloo Valley Road).

11. Public Notice received October 1, 2007, from the State of New Jersey, Department of Environmental Protection regarding extension of comment period for the Proposed FFY 2008 Priority System, Intended Use Plan and Project Priority List Document for Clean Water Financing.

12. Letter received October 1, 2007, from Spillane Engineering Associates, Inc. regarding Highlands Applicability Application, Block 8500, Lot 10 (123 Mine Hill Road).

13. Letter received October 3, 2007, from the State of New Jersey, Department of Environmental Protection, regarding Mount Olive Child Care and Learning Center, Inc., Entire Site, Unrestricted Use, No further Action Letter and Covenant not to Sue - Block 8101, Lot 28 (150 Wolfe Road).

14. Letter received October 5, 2007, from the State of New Jersey, Department of Environmental Protection, regarding Remediation Investigation Report for Whiting Manufacturing, Inc. & Image Boat Co. at 15 Flanders – Netcong Road.

15. Letter received October 5, 2007, from the State of New Jersey, Department of Environmental Protection, regarding Toys R US – Site Improvements Block 6600, Lot 1 (Bartley Road).

DCA

16. E-mail received October 3, 2007, from the State of New Jersey, Department of Community Affairs regarding DCA Greyfields Initiative Information.

17. E-mail received October 5, 2007, from the State of New Jersey, Department of Community Affairs regarding The First Annual Public Performance Measurement and Reporting Conference.

MORRIS COUNTY

18. Minutes received September 26, 2007, from the Morris County Planning Board regarding the July 19, 2007 meeting.

UTILITIES

19. Letter received September 20, 2007, from AIR 2 regarding Helicopter Transmission Line Maintenance.

20. Letter received September 24, 2007, from Stephen R Urbinato, Esq. regarding Budd Lake Sanitary Sewer System – Township of Mount Olive Reassignment of EDU’s to Equity Plaza Shopping Center, Block 2300, Lot 10 (382 Route 46, Mount Olive).

21. Letter received September 26, 2007, from Comcast regarding NHL Network / TBS HD.

22. Letter received October 1, 2007, from Comcast regarding TBS HD channel addition.

President Greenbaum: There are 22 pieces of Correspondence. Does anyone wish to comment on any particular piece of Correspondence? Mr. Rattner.

Mr. Rattner: Just a quick question. On number 15, the DEP actually revoked or cancelled the permits for the site improvements for Toys ‘R Us. Is it that they just got behind in doing their filing, or are they actually not going to expand the way that they were planning, which is basically parking lots, you know, and impervious coverage.

Mr. Tepper: I believe that it was going to be that they changed how they were doing it, but I will confirm with the Planning Board what the case was.

Mr. Rattner: Yes, because if you read the memo it said that they had been previously contacted, that they didn’t respond from some deficiency since the time limit went up, when they had the extra time, they just cancelled it outright.

Mr. Tepper: I will confirm that at the next meeting.

Mr. Rattner: Okay, thank you.

President Greenbaum: Mr. Buell, did you have something?

Mr. Buell: Yes, number 17, I read the Correspondence on this and it seems very interesting. I would like to attend that basically because it is a conference, evidently a two day conference where the DCA is going to review performance measures for the Township operations. At least that’s what it appears to me, and I think possibly Administration should also have someone go to that conference.

President Greenbaum: Well, certainly if you want to go I would submit, do you want the Township to pick up the cost for you of the conference?

Mr. Buell: Just for the registration.

President Greenbaum: You know what? Do we have money in the budget for that? Yes, that’s not a problem and a recommendation has been made for someone from the Administration to attend as well. As you know Mr. Buell has made it one of his priorities to move the Township forward with regard to performance evaluations. This may be beneficial, thank you. Any other comments on Correspondence? General feel, has everybody been able to review the Correspondence in that we’re not copying everything at this point? Is everyone satisfied that it’s a better procedure at this point, or at least it is working? It seems like everyone is in agreement and if there is any way to further streamline the copying, or to stop copying documents which we don’t need multiple copies of I suggest that you bring that to Lisa’s attention. She’s done a very good job to date in terms of moving our conservation efforts further.

Mrs. Lashway: We are scanning it because Colleen and Steve still want to get it, so if anybody else wants it, it’s being scanned. It’s easy enough to add another person to the list.

Mr. Rattner: I didn’t ask you to scan it. I said since you’re scanning it already, I would take a copy.

Mr. Tepper: Are you scanning it electronically? I would take a copy.

President Greenbaum: And they’re available in the office. It doesn’t take long to go through the documents. They’re generally documents that only take a moment or two to review to see if they are of importance to any particular issue that you are dealing with as opposed to something that is being copied into your box which deals directly with Township issues. Mr. Perkins?

Mr. Perkins: Lisa, when you’re scanning these are you scanning them into a folder? You’re storing it as a PDF or a picture where?

Mrs. Lashway: On my computer.

Mr. Perkins: On your computer. Is there any way, could you find out, that we could have general access if we wanted to open up a folder on general access on the server, where you would have that stored? Then if anybody wanted to review it they could review it or they could print it at the Town.

Mrs. Lashway: I will find out.

President Greenbaum: Thank you, excellent point. It’s actually, that might be a better way to go.

Mr. Rattner: That’s a much better way to go.

ORDINANCES FOR PUBLIC HEARING

President Greenbaum: Okay, we have one ordinance for Public Hearing tonight entitled:

Ord. #40-2007 An Ordinance Regulating the Statutory Authority of United Telephone Company of New Jersey, Inc. Its Successors and Assigns to Use the Various Public Roads, Streets, Or Highways in the Township of Mount Olive, Morris County, New Jersey, for its Local and Through Lines and Other Communications Facilities and Prescribing the Conditions Thereof.

President Greenbaum: At this point in time I will open it up to anyone in the public who wishes to be heard on Ordinance #40-2007. Anything this evening, Mr. Escobar?

Mr. Escobar (From the audience): No gentlemen, not at all, thank you.

President Greenbaum: Okay, with that I would ask Mr. Tepper to please move Ordinance #40-2007 for approval.

Mr. Tepper: Yes Mr. President, I move Ordinance #40-2007 for adoption and final passage.

Mr. Perkins: Second.

President Greenbaum: Moved and seconded. Is there any Council comment? Roll Call.

ROLL CALL – Passed Unanimously

President Greenbaum: Ordinance #40-2007 has 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.

ORDINANCES FOR FIRST READING – (Public Hearing October 23, 2007)

President Greenbaum: This evening there are three ordinances for first reading, with second reading being October 23rd, 2007. The first ordinance is entitled:

Ord. #41– 2007 An Ordinance of the Township Council of the Township of Mount Olive to Amend and Supplement Article V Entitled “Design Guidelines and Technical Standards” of Section 400-64 Entitled Soil Erosion and Sediment Control of the Code of the Township of Mount Olive.

President Greenbaum: Mr. Buell can you move that please, with second reading to be October 23rd, 2007.

Mr. Buell: Yes thank you. I move that Ordinance #41-2007 be introduced by title and passed on first reading and that a meeting be held on October 23rd, 2007 at 7:30 p.m. at the Municipal Building, 204 Flanders-Drakestown Road, Mount Olive, NJ for a public hearing consideration of said reading and passage of said ordinance and that the Clerk be directed to publish, post and make available such ordinance in accordance with the requirements of law.

President Greenbaum: Is there a second?

Mr. Rattner: Second.

President Greenbaum: It’s been moved and seconded. Is there any Council discussion? Roll Call please.

ROLL CALL – Passed Unanimously

President Greenbaum: The next ordinance for first reading entitled:

Ord. #42 – 2007 An Ordinance of the Township Council of the Township of Mount Olive to Amend and Supplement Article V Entitled “Zoning” and Specifically Section 400-81 Entitled “Fences and Walls” of the Code of the Township of Mount Olive.

President Greenbaum: Mrs. Labow do you want to move that please?

Mrs. Labow: Yes Mr. President, I move that Ordinance # 42-2007 be introduced by title and passed on first reading and that a meeting be held on October 23rd, 2007 at 7:30 p.m. at the Municipal Building, 204 Flanders-Drakestown Road, Mount Olive, NJ for a public hearing consideration of said reading and passage of said ordinance and that the Clerk be directed to publish, post and make available such ordinance in accordance with the requirements of law.

Mr. Buell: Second.

President Greenbaum: Moved and seconded. Is there any Council discussion? Roll Call please?

ROLL CALL – Passed Unanimously

Ord. #-2007 Phosphorus/Fertilizer (being worked on) REMOVED

President Greenbaum: The next ordinance for first reading is entitled:

Ord. #43-2007 An Ordinance of the Township of Mount Olive to Amend and Supplement Chapter 102, Article I, of the Code of the Township of Mount Olive.

President Greenbaum: Mr. Rattner do you want to move that please?

Mr. Rattner: I move that Ordinance #43-2007 be introduced by title and passed on first reading and that a meeting be held on October 23rd, 2007 at 7:30 p.m. at the Municipal Building, 204 Flanders-Drakestown Road, Mount Olive, NJ for a public hearing consideration of said reading and passage of said ordinance and that the Clerk be directed to publish, post and make available such ordinance in accordance with the requirements of law.

Mr. Perkins: Second.

President Greenbaum: Moved and seconded. Is there any Council discussion? 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 Extending the Time for the Completion of Improvements in Connection with Wyndham Pointe Section 4.

2. Resolution of the Township Council of the Township of Mount Olive Authorizing the Execution of an
Easement Agreement with Leonard J. Kubik.

3. Resolution of the Township Council of the Township of Mount Olive Authorizing a Tax Appeal Settlement with the A&P Shopping Center, Lot 38 & 30.01, Block 8100.

4. Resolution of the Township Council of the Township of Mount Olive Awarding a Contract and Lease for Wireless Communication Antenna Monopole and Ground Facility on Township Property designated as Block 6800 Lot 13.

5. Resolution of the Township Council of the Township of Mount Olive Requesting Approval from the Director of the Division of Local Government Services for Insertion of a Specific Item of Revenue into the 2007 Municipal Budget ($180.00 for Tobacco Age-of-Sale Enforcement).

6. Resolution of the Township Council of the Township of Mount Olive Authorizing the Cancellation of a Grant Balance of $150.00 for the Impaired Driving Crackdown Grant.

President Greenbaum: Does anyone wish to have any of the six removed? Mr. Tepper?

Mr. Tepper: Number four.

President Greenbaum: Does anyone else wish to have any of them moved to Non Consent? Seeing none, Mr. Perkins do you want to move one through three, and five and six?

Mr. Perkins: Yes Mr. President, I move for adoption of Resolutions one, two, three, five and six.

Mr. Rattner: Second.

PUBLIC PORTION ON CONSENT RESOLUTIONS - none

COUNCIL COMMENTS ON CONSENT RESOLUTIONS - none

President Greenbaum: Moved and seconded. Does anyone from the public wish to be heard on any of the resolutions on the Consent Resolutions Agenda? Seeing none, I will close it to the public. Does anyone on Council have a brief clarifying statement with respect to the Consent Resolutions Agenda? Seeing none, Roll Call.

ROLL CALL – Passed Unanimously

RESOLUTIONS NON CONSENT

President Greenbaum: This evening there are three resolutions on Non Consent, the first is entitled:

4 Resolution of the Township Council of the Township of Mount Olive Awarding a Contract and Lease for Wireless Communication Antenna Monopole and Ground Facility on Township Property designated as Block 6800 Lot 13.

President Greenbaum: Mr. Tepper can you move that for me please?

Mr. Tepper: I move for approval of Non Consent Resolutions four, seven and eight.

President Greenbaum: Just one at a time.

Mr. Tepper: Number four.

Mr. Rattner: Second.

President Greenbaum: It’s been moved and seconded. Does anyone from the public wish to be heard on Resolution #4? Seeing none, Mr. Tepper?

Mr. Tepper: My question is what is being offered for that particular contract and lease? Have we solicited any of the three major carriers, and if not, why not? We reference in the approval that we have leased based on others and their similar existing arrangements, and I remember with Combe Fill North we originally went out and looked at getting, thinking $1 million would be very good and we now end up with $10 million because of competitive bidding.

President Greenbaum: Doesn’t this have to be bid out, Mr. Sohl?

Mr. Sohl: It was bid out. We did not solicit specifically to any one vendor or to one carrier.

President Greenbaum: So it was bid out. It was competitively bid.

Mr. Tepper: Alright, what was the amount?

Mr. Sohl: $24,000.

Mr. Tepper: On an annual basis?

Mr. Sohl: On an annual basis, three percent escalator.

Mr. Tepper: Thank you.

President Greenbaum: Does that answer your questions Mr. Tepper?

Mr. Tepper: Yes it does.

President Greenbaum: Okay, does anyone else have any comments or questions with regard to Resolution #4? Roll Call please.

ROLL CALL – Passed unanimously with the exception Mr. Tepper voted no

President Greenbaum: We’re up to Resolution #7 entitled:

7. Resolution of the Township Council of the Township of Mount Olive Authorizing the Review of all Non-Single Family Customers in the Budd Lake Sanitary Sewer System. ADDED

President Greenbaum: Mr. Perkins, can you move that please?

Mr. Perkins: Yes, I move for passage of Non Consent Resolution #7.

President Greenbaum: Is there a second?

Mr. Tobey: Second.

President Greenbaum: It’s been moved and seconded. Is there anyone from the public that wishes to be heard on Non Consent Resolution #7? Seeing none, I close it to the public. Is there any comment from any Council member with respect to Resolution #7? Roll Call please.

ROLL CALL – Passed Unanimously

President Greenbaum: We’re up to Resolution #8 entitled:

8. Resolution of the Township Council of the Township of Mount Olive Authorizing the Removal of Block 5201 Lot 10, and Block 5300 Lot 8.01 from Tax Sale. ADDED

President Greenbaum: Mrs. Labow, do you want to move that please?

Mrs. Labow: I’d like to move Resolution #8.

Mr. Buell: Second.

PUBLIC PORTION ON INDIVIDUAL RESOLUTIONS - none

COUNCIL COMMENTS ON INDIVIDUAL RESOLUTIONS

President Greenbaum: Moved and seconded. Does anyone from the public wish to be heard on Resolution #8? Seeing none, I close it to the public. Any Council member wish to be heard? Mrs. Labow.

Mrs. Labow: I just want to say that I am really excited. This is a parcel that the Open Space Committee has been trying to acquire from the Township for a very, very long time. It will connect the High School Board of Education property with Turkey Brook Park which will eventually enable us to, our Cross Country Track team and any of the other students will have direct access to Turkey Brook Park. I believe it is going to be a really wonderful thing. So I am looking forward to having this closing finalized and get moving with our trail systems and it’s really great news.

President Greenbaum: Thank you. Are there any other comments? Roll Call please.

ROLL CALL – Passed Unanimously

MOTIONS

President Greenbaum: We’re up to Motions at this point. There is no raffle application and I see that the Mount Olive High School Parents Club has decided not to put something on the Agenda this evening.

Mr. Rattner: Making too much money from the concession stand?

Mrs. Labow: We’re waiting until next week.

President Greenbaum: We’re going to have to start scrutinizing these.

Mrs. Labow: It’s going to have to be…

Mr. Perkins: May not be in a favorable mood…

Mrs. Labow: We’re going to have to call it Mount Vegas.

President Greenbaum: Nelson or Ned, did you have questions on the Bill List this evening? Why don’t you come up to the podium before we move it?

Nelson Russell, Budd Lake: On page three, the first item is a refund on the Homestead Rebate check. How are we refunding Homestead Rebates?

Mrs. Jenkins: If people are delinquent in taxes we get their Homestead Rebate. If they then become current, once we file the respective report showing that there is no delinquency, then they are entitled to get their refund back.

Mr. Russell: Okay, thank you.

Mrs. Jenkins: You’re welcome.

1. Raffle Application #2223 for the Mt. Olive High School Parents Club. – R. Tepper (REMOVED)

2. Bill List

President Greenbaum: Thank you. Anything Ned? Okay. Anything from anyone else on the Bill List? At this point Mr. Buell, do you want to move the Bill List?

Mr. Buell: I move the Bill List.

President Greenbaum: Is there a second?

Mrs. Labow: Second.

President Greenbaum: Any comments? Mr. Buell.

Mr. Buell: Yes, what I am, it’s not a question it actually disturbs me slightly. There is $14,000 to be paid to Penske for out of contract costs. I asked today for an accounting of where we stood in the accounts in terms of the budget. Evidently we had $84,000 budgeted at the beginning of the year. We are now, as of the end of August $80,000 on this particular line. Obviously we are over budget if it continues by about $40,000 which is the thing that concerns me.

President Greenbaum: Well is there money left in the budget at some point in either DPW or elsewhere which ultimately can be transferred into this account?

Mrs. Jenkins: We’re definitely going to be able to cover the transfer. We’ve talked about the fact that we knew it was going to be going over.

President Greenbaum: Is this number troubling to the Administration in terms of cost increases?

Mr. Sohl: The situation is one in which we’ve gotten much better service from Penske. They’ve done a much better job and we’ve seen a decrease in the out of contract over time.

President Greenbaum: Okay.

Mr. Sohl: When they came in they were correcting ills of past situations.

President Greenbaum: This is obviously an issue we’re going to have to get much more in detail, that we’re going to have to discuss much more in depth as budgeting comes around. We want to make sure that we’re accurately tracking our costs and that we have adequate money set aside for these types of expenses in the future.

Mr. Sohl: Agreed.

President Greenbaum: Okay, so I would expect that we will have something at budget time which is going to explain this number. If in fact you feel that this number is high because of the increased service that we’ve had in that the increased service will in fact lower our costs on a going forward basis because our machinery is being better kept, then I’d like to know that as well. Mr. Rattner?

Mr. Rattner: I think the real issue is maybe some of the terms in the contract. If you remember, we had gone out to bid, the Mayor took office, Bill started and they had to make a decision almost right away. The management overseeing the contract is better, but it was basically either go with the contract or have a problem. I think the improvements are being made and I really think that the Finance Committee is going to be looking at it. The contract itself will look better also going forward.

Mr. Sohl: One of the things to also keep in mind is the need to replace vehicles or keep renewing the fleet.

President Greenbaum: Well, that’s a separate issue. That’s an issue that we have to deal with on a yearly basis irrespective of whether Penske is doing in contract, or out of contract review.

Mr. Sohl: But if you did nothing…

President Greenbaum: I think that Mr. Rattner is probably correct. It’s really a fine tuning of the contract to try to bring more of these costs, out of pocket costs, and out of contract costs back within the scope of the contract if we can. We can define where we’re spending the money, and we can better word the contract so that these expenses are covered under the annual contract rather than an additional, then we have improved markedly where we stand. I’m sure that you would agree with that. I think that’s what Mr. Rattner is suggesting is that the contract needs to be modified, and this is not a criticism…

Mr. Sohl: No…

Mr. Rattner: They were basically handed that, and I know that they were looking at that because we had some discussions at the beginning of the year.

President Greenbaum: I have heard nothing with respect to any deficiencies this year with respect to Penske that we heard in past years.

Mr. Sohl: The contract is automatically forward.

President Greenbaum: I understand that.

Mr. Rattner: Yes, but the next one is going to be better, but they were handed what they had and what they had to work with, I think that they’ve been doing a very good job.

President Greenbaum: I have heard no negative comments with respect to our fleet maintenance this year.

Mr. Rattner: You’ve got to listen better, there are so. It’s a lot better.

President Greenbaum: You know what, I hear a lot of people criticize you but I still like you.

Mr. Rattner: No you don’t.

President Greenbaum: Okay, just walk through my neighborhoods, and start with my wife. Mr. Buell do you want to move the Bill List?

Mr. Buell: I already moved it.

President Greenbaum: It’s already been moved. Alright so, and there was a second?

Mrs. Lashway: Yes.

President Greenbaum: Let’s vote on it then, Roll Call.

ROLL CALL – Passed Unanimously

President Greenbaum: Gene, did you have something this evening or are you just sitting in?

Mr. Buczynski (From the audience): No, I’m just enjoying the meeting.

Mr. Rattner: He likes the idea of not having any questions asked about him.

President Greenbaum: That’s because Boston isn’t playing tonight otherwise Gene would not be here.

Mr. Buczynski (From the audience): I want to give my condolences to the Yankee team.

Mr. Tepper: Boston’s still not there Gene.

ADMINISTRATIVE MATTERS

Mr. Sohl: On the same theme, I sent out two memos and I presume we will go forward on the two Verizon requests?

President Greenbaum: Does anyone have an issue with those?

Mr. Rattner: I just saw it when I got home late today, and saw it and just had time to look at it because one of the things, and I think when Mr. Tepper brought up his question, is that you said that you were going forward moving in a consistent manner with this past contract, but putting the antennas on existing things like water towers and something else I think is a lot different because we’ve gone out there and actually negotiated and negotiated exact amounts. If the telephone company wants to go there they’ll pay a little bit more. What happened with this piece of property was that it was a piece of property we were leasing out where the telephone company also had to build the tower that other people would have to use, but with all of the water towers we have, they’re all non-exclusive contracts and we just have to figure out how many we can put on each one. So I’ll have to look at that and I’ll just have my comments tomorrow.

Mr. Sohl: It’s my understanding from John Dorsey’s office that we still have to go out to bid.

Mr. Tepper: But do we actually solicit the others, or do we put it out to bid?

President Greenbaum: Mayor?

Mayor Scapicchio: You know Russ, that’s a valid question and Bill and I discussed this on several occasions. The quandary that I have with that is that if you’re putting a document out to bid and then we, the Administration, pick up the telephone and call say, six other vendors and we miss maybe four other vendors out there, I mean are we sort of in violation at that point? We’re reaching out for six, but yet there were another six out there. Do we inform all of them?

Mr. Tepper: Well there are four major carriers.

Mayor Scapicchio: No, I understand that.

Mr. Tepper: So maybe we’d get a better bid if we go to all four carriers.

Mr. Rattner: On bidding, from a legal standpoint, we put an ad in the paper and that covers everybody else. Those are the bidding laws, but I think in the past I don’t remember going out to bid. Somebody would come in and we would negotiate because they are all non-exclusive, and if we could get five companies, four companies on one of our towers, we would do it because they can’t stop us from leasing out any more. I don’t remember going out to bid on the others.

Mr. Tepper: They’re actually mandated by law even if they create their own tower that they have to lease space to others.

Mr. Rattner: Yes, but this was a little bit different because you had to have somebody to be willing, the highest paid, to be able to own the tower themselves which gives them a little control.

President Greenbaum: There certainly is a lot of legal advice being thrown around here.

Mr. Rattner: Okay, I’ll put it in my comments tomorrow. I don’t know what it is, but I’ll have my comments tomorrow.

Mr. Sohl: Dominic can maybe answer the first question. I mean if we have a water tower that’s already got pre-existing leases on it and there’s space for a third, fourth, fifth, do we have to go to bid?

Mr. DiYanni: What you have to do is you’ve got to read the lease. There are different types of these leases. Some have, in telecommunications, some have the lead bidder being the person in charge administratively to get the co-location agreements together. Some leases say to go out to bid. I think we have to look at the lease first to see if there’s any language in that lease currently on the water tower of how to proceed with more people co-owning.

Mr. Sohl: With the existing carriers you mean?

Mr. DiYanni: Excuse me?

Mr. Sohl: The water tower is ours.

President Greenbaum: I would imagine it has to go out to bid.

Mr. DiYanni: It has to go out to bid…

Mr. Rattner: We never have before.

President Greenbaum: I would imagine it has to go out to bid just like we’re doing anything else with any of our properties.

Mr. Sohl: That is my reaction also.

Mr. Rattner: Yes, but the problem is that we’ve been able to negotiate. Suppose somebody comes in and only one more, you know, another telephone company that doesn’t have a lease comes and bids $22.

Mr. Sohl: Well we don’t have to accept the bid, right?

Mayor Scapicchio: You’d have to reject the bid.

President Greenbaum: I would imagine it has to go out to bid.

Mr. Rattner: But we haven’t before.

President Greenbaum: Yes, but that may be inaccurate. Mr. Dorsey will give us his response on this, but I can’t imagine how we could provide space with something to get a fee back and not put it out to bid.

Mr. Sohl: I agree.

President Greenbaum: I mean it’s just contrary to, otherwise, why couldn’t you simply sell the space to your brother in law for $2?

Mr. Tepper: I think they did that with billboards earlier.

President Greenbaum: I just don’t think you can do it, as an example.

Mr. Rattner: I think that if we put up on a water tower, when we say it costs $25,000 if you want to lease space and we open it up to everybody we don’t have to worry.

President Greenbaum: I think that what you can do probably is put it out to bid with a minimum bid and that way it’s fair to everybody.

Mr. Perkins: …space available. Water tanks…

Mr. Rattner: I want to make sure that whatever I do, we get there because we’ve always negotiated them separately before.

President Greenbaum: I think that’s a good way to go. Let’s find out how much we’re getting for space that we already lease on ours, so that way you can get a minimum number and let’s put it in the bid. The minimum starting number is “x” and we will be accepting bids. I think that you can, as long as you advertise, I agree with Mr. Rattner, you can contact the telephone companies directly because you don’t have an obligation beyond the advertisement to communicate with perspective bidders. The fact that you decide to communicate with perspective bidders does not open you up to liability by not… Once you have advertised you have done the minimum that is required by law and everyone is technically put on notice of the availability of the bid and the right to participate. So let’s go that route.

Mrs. Labow: How does the water tower at Clover Hill work now with all of the towers on it?

Mr. Tepper: How does it work?

Mrs. Labow: How are the charges being done?

Mr. Tepper: The same way. However the lease was set up.

Mrs. Labow: But we do, we manage that? We collect the fees or someone else does?

Mr. Sohl: No we collect the fees.

Mr. Rattner: We do.

Mrs. Labow: We collect all of the fees for that, okay.

Mr. Rattner: Basically if you want to pay whatever it is, whatever the percentage is, $25,000 we’ll take all comers.

Mrs. Labow: So we already have something in place that we’re doing, so we would…

Mr. Rattner: Well we’re not doing it properly. We’ve got to go forward and make sure.

Mrs. Labow: Well that’s the point I’m trying to make.

President Greenbaum: Okay, very good. Any other Administrative matters?

Mr. Sohl: No.

OLD BUSINESS - none

NEW BUSINESS

President Greenbaum: Any New Business? Mr. Buell.

Mr. Buell: Yes, I’d like to add to next week’s Workshop the irrigation system at Turkey Brook Park that has…

President Greenbaum: Who would you like to be present?

Mr. Buell: I think Tim Quinn and obviously Bill and…

President Greenbaum: Jim Lynch?

Mr. Buell: Jim Lynch as well.

President Greenbaum: Problems with the irrigation system particularly?

Mr. Buell: Well evidently Bill can probably update you better than I can, but evidently the irrigation system at Turkey Brook is completely shot. We’re using the Fire Truck from Flanders to irrigate the fields at the current time. We have to evidently rebuild the entire system or at least that’s the opinion at this point in time.

President Greenbaum: I’ll put it on the Agenda for next week. Can you please have Tim and Jim present?

Mr. Sohl: Will do.

President Greenbaum: Thank you. Any other New Business? Any legal matters this evening?

LEGAL MATTERS - none

COUNCIL REPORTS

Recreation Liaison Report

Mr. Tobey: Nothing to report.

Board of Health Report

Mrs. Labow: We meet tomorrow night.

Planning Board Report

Tepper: Meets on Thursday.

Board of Adjustment Liaison Report

Mr. Perkins: Nothing Mr. President.

Open Space Committee Report

Mrs. Labow: Yes, we had our meeting last night and as I said already before with the Resolution, we had good news. We met early last night at 5:30 p.m. and we took a tour around the Budd Lake section, the Budd Lake area looking for a perfect, or the best option for trail heads. As I spoke previously, there is a bicycle group that wants to connect Allamuchy State Park with Crown Towers, I don’t know we’re calling it Crown Towers, Fire Towers, whatever. So we had a really nice, it was about an hour and a half tour, two hours. We started about 5:30 and got back about 6:15 and we did identify some key locations that will be coming to Council to ask for permission to build the trail heads. One basically just needs clearing out and another one might take a little more work, but we’ll get further with that once we meet again.

President Greenbaum: Okay, thank you. I do note from being up at Turkey Brook that they have made major movement on the Seward House in terms of raising the roof in the area that had fallen. At this point I would like to get a report from Kathy as to efforts that are being made on behalf of the Township to get grants with respect to completion of the Seward House. I would like to have that next week.

Mrs. Labow: One other thing that happened a week ago Saturday, Steve Rattner, myself, Kathy Murphy, and Laura Szwak met with the Open Space County Committee. We had a potential property, it was a very good Mrs. Labow (cont’d): meeting and we actually had lunch over on the little Oasis Beach island thing at Budd Lake Beach afterwards. It was excellent, and an excellent afternoon.

President Greenbaum: Thank you for doing that on behalf of the Township.

Mrs. Labow: You’re welcome, thank you.

Legislative Committee Report

Mr. Buell: None to report.

Pride Committee Liaison Report

Mr. Perkins: Yes Mr. President, we’ve been finishing up some of the decorations around the Welcome signs as well as the Plaza down at 206. They’re looking at working with Zoning on some “temporary permanent” signs to acknowledge the receipt of goods in kind from some local businesses that they’ve been working together with.

Board of Education Liaison Report

Mr. Buell: They’re meeting as we speak.

Lake/Environment Issues Committee

Mr. Rattner: I didn’t attend the quarterly meeting last week because of some family issues, but they did discuss the proposed Dock Ordinance changes. What was found is that the Planning Board decided to do a very comprehensive rewrite of the entire Ordinance which went a lot further than what they had been asking for. So they’re going to take some more time to really understand what all the issues are.

President Greenbaum: That’s fine. Would you please report… What’s that?

Mrs. Lashway: Clean up is this weekend.

President Greenbaum: Clean up is this weekend 9:00, on Saturday?

Mrs. Lashway: Yes.

President Greenbaum: Would you please let me know when the Dock Ordinance should or should not be re-listed for First Reading based upon the readiness of the Lake Committee to move forward with the Ordinance.

Mr. Rattner: Right, I think the Lake Committee will be sending a memo to you just discussing what they did and extra time if they need it.

President Greenbaum: Okay that’s fine. We won’t list it until we hear back from the Lake Committee. Safety Committee, Mr. Perkins?

Safety Committee Liaison

Mr. Perkins: Meeting in two weeks.

Finance Committee Report

Mr. Rattner: Nothing to report.

Economic Development Committee Report

Mr. Rattner: Nothing to report.

Solid Waste Advisory Committee Report

Mrs. Labow: Meets tomorrow night.

Library Board Liaison

Mr. Tepper: Meets tomorrow night.

PUBLIC PORTION - none

COUNCIL COMMENTS - none

Motion was made and seconded, all in favor and none opposed, the meeting was adjourned at 8:03 pm.


_________________________________
Robert J. Greenbaum, 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 October 23, 2007.

______________________________________
Lisa M. Lashway, Township Clerk


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