Mt. Olive Township Council Minutes
August 9 , 2005

The Regular Public Meeting of the Mount Olive Township Council was called to Order at 10:20 pm by Council President Greenbaum with the Pledge of Allegiance.

MOMENT OF REFLECTION for all those who have and continue to protect our freedoms.

PLEDGE OF ALLEGIANCE & MOMENT OF REFLECTION

President Greenbaum: Although we are not going to do the Pledge of Allegiance again and the Moment of Reflection, let the record reflect that we did a moment of reflection and the Pledge of Allegiance prior to the start of our conference meeting this evening, and also let the record reflect that the moment of reflection is intended to recognize those who fight to protect our way of life and our freedoms.

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, Mrs. Labow, Mr. Mund, Mr. Guenther, Mr. Rattner,
Mr. Greenbaum, Mr. Perkins
Absent: None
Also Present: Mayor De La Roche; Fred Semrau, Township Attorney; Bob Casey, Interim Business Administrator; Sherry Jenkins, CFO; Lisa Lashway, Township Clerk

Questions on Bill List?

President Greenbaum: At this point in time I would ask anyone if you have questions on the Bill List, to identify them so that the Administration can give us answers at the end of the meeting when we deal with the Bill List. Does anyone have any questions? Seeing none, we will move on. Mr. Buell.

APPROVAL OF MINUTES OF PREVIOUS MEETINGS

July 12, 2005 Present: All

Absent: None
July 26, 2005 CS Present: All
Absent: None (Mr. Perkins recused from 2nd executive session)

Mr. Buell: I move for approval of the Minutes of July 12th and the Closed Session of July 26th.

Mr. Mund: Second.

President Greenbaum: It has been moved and seconded, are there any comments, discussions deletions? Roll Call.

ROLL CALL: Passed: All with the exception, Mr. Perkins abstained on the second Executive
Session of July 26.th

CORRESPONDENCE

LETTERS FROM RESIDENTS / ORGANIZATIONS

1. Postcard received July 27, 2005, from The Rose House regarding Annual Rose House Gala.

2. E-mail received July 28, 2005, from John Nevola regarding Tax Bill Letter

3. Letter received July 31, 2005, from Mike Karram (Southwind Drive) regarding Tax Bill Letter.

 

 

RESOLUTIONS, ORDINANCES, CORRESPONDENCE FROM OTHER TOWNS

4. Resolution received August 1, 2005, from Board of Chosen Freeholders regarding Federal Assistance to help control white-tailed deer population.

DOT / DEP / LOI

5. Letter received July 25, 2005, from State of New Jersey, Department of Environmental Protection regarding Verizon Wireless Chester 5; Lot 00010, Block 06800 (700 Bartley Chester Road, Mount Olive).

6. Letter received August 1, 2005, from State of New Jersey, Department of Environmental Protection regarding Former Kartar Corporation – Former Sunoco Service Station (341 Route 46).

7. Planning and Zoning Analysis received August 2, 2005, from Pitney Hardin / Adrian Humbert Associates regarding Marveland Farms Rezoning.

8. Letter received August 5, 2005, from State of New Jersey, Department of Environmental Protection regarding Mount Olive Villages Water Company, Inc. Portable Water Supply Permit.

LEAGUE OF MUNICIPALITIES

9. Letter received July 29, 2005, from New Jersey State League of Municipalities regarding League seminar on Retirement Planning and the Division of Pensions and Benefits.

10. E-mail received August 3, 2005, from New Jersey State League of Municipalities regarding Appellate Division Upholds Use of Eminent Domain to Acquire Open Space.

MISCELLANOUS

11. Fax received July 27, 2005, from New Jersey Highlands Council regarding Notice of Special Meeting.

12. E-mail received July 28, 2005, from Morris County Chamber of Commerce regarding 2005 Small Business Award Nominations.

13. E-mail received July 29, 2005, from Morris County Chamber of Commerce regarding Young Professionals Happy Hour.

UTILTIES

14. Notice received July 27, 2005, from Elizabeth Gas regarding Public Hearings.

15. Letter received July 29, 2005, from New Jersey Natural Gas in the Matter of the Petition of New Jersey Natural Gas Company Annual Review and Revision of it’s Basic Gas Supply Service For 2006.
TORT

16. Letter received July 25, 2005, from Robert DeGroot, Esq. regarding Meeting of March 12, 2005 / Marilyn Ryan.

LETTERS FROM LEGISLATIVE REPRESENTATIVES
17. E-mail received July 28, 2005, from Senator Corizine regarding announcement of 250,000 COPS
Grant to Mount Olive Township.

18. Letter received from the White House regarding receipt of Resolution regarding Picatinny
Armaments Research, Development and Engineering Center.

Mr. Greenbaum: Next item for discussion is Correspondence. There are 18 pieces of Correspondence. Does anyone wish to discuss any of those items? Seeing none, we will move onto Ordinances for Public Hearing.

ORDINANCES FOR PUBLIC HEARING

President Greenbaum: The first Ordinance for public hearing is Ordinance # 26-2005 entitled:

Ord. # 26-2005 Bond Ordinance providing for the Renovation and Expansion of the Old Municipal Library in and by the Township of Mount Olive, In the County of Morris, New Jersey, Appropriating $1,150,000 therefor and Authorizing the Issuance of $1,092,500 Bonds or Notes of the Township to Finance Part of the Cost Thereof.

President Greenbaum: At this point in time I am opening to the public, anyone who wishes to discuss Ordinance # 26-2005. Seeing none, I am closing it to the public, and I would ask Mrs. Labow to please move Ordinance # 26-2005.

Mrs. Labow: Okay, I move for adoption of final passage of Ordinance # 26-2005.

Mr. Mund: Second.

President Greenbaum: It has been moved and seconded, any Council discussion? Seeing none, Roll Call.

ROLL CALL: Passed Unanimously with the exception, Mr. Perkins and Mr. Rattner Abstained

President Greenbaum: It is with great pleasure that I hereby declare Ordinance # 26-2005 as 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. The next Ordinance for discussion, Congratulations.

Mrs. Labow: Congratulations Barbara. Goodnight.

President Greenbaum: The next Ordinance for discussion for public hearing is Ordinance # 27-2006:

Ord. #27-2005 Bond Ordinance Providing for Various Capital Improvements of the Township of Mount
Olive in the County of Morris, NJ, Appropriating the Aggregate Amount of $1,125,960
Therefore and Authorizing the Issuance of $884,162 Bonds or Notes of the Township to
Finance Part of the Cost Thereof.

President Greenbaum: Is there anyone from the public who wishes to be heard on Ordinance #27-2006? Seeing none, I close it to the public and ask Mr. Mund to please move that ordinance.
.
Mr. Buell: Should be 5.

President Greenbaum: Should be 5

Mrs. Lashway: Should be 5.

Mr. Rattner: You’re right.

President Greenbaum: We like to get ahead on business. Ordinance # 27-2005, we can just make that amendment correct?

Mr. Buell: Yes.

President Greenbaum: Probably just an error in the….

Mrs. Lashway: Typo.

President Greenbaum: Anyone who wishes to be heard on Ordinance # 27-2005. Seeing none, I close it to the public, and ask Mr. Mund to please move that Ordinance.

Mr.Mund: I move for adoption and final passage of Ordinance # 27-2005.

President Greenbaum: Is there a second?

Mr. Buell: Second.

President Greenbaum: Moved and seconded any discussion? Seeing none, Roll Call.

Mrs. Labow: I just have to say that my vote is going to be no. Until we start with a better program, I am not going to vote for any more Bond Debt.

ROLL CALL: Passed Unanimously with the exception, Mrs. Labow voted No.

President Greenbaum: I hereby declare Ordinance # 27-2005 as passed on second reading and I hereby direct the Clerk to forward of copy of same to the Mayor and publish a notice of adoption as required by law.

President Greenbaum: Next Ordinance for public hearing is Ordinance # 28-2005 entitled:

Ord. #28-2005 Bond Ordinance Providing for Various Water Utility Improvements in and by the
Township of Mount Olive in the County of Morris, NJ, Appropriating the Aggregate Amount of $466,000 Therefore and Authorizing the Issuance of $442,700 Bonds or Notes of the Township to Finance the Part of the Cost Thereof. DEFEAT (Ord. #30 replaces this)

President Greenbaum: Is there anyone from the public who wishes to be heard on this particular Ordinance? Seeing none, I close it to the public. I note that this is the Ordinance which is to be defeated, because of the new Ordinance which we are going to pass which deals with the additional water tower costs related… We passed on first reading an Ordinance to replace this one. So the appropriate vote is no, Mr. Guenther do you want to move it please?

Mr. Guenther: I hereby move for adoption and final passage of Ordinance # 28-2005.

Mr. Perkins: Second.

President Greenbaum: It has been moved and seconded, any discussion? Seeing none, Roll Call.

Mr. Mund: We are supposed to vote no, on this one?

Mr. Rattner: Yes, we’re supposed to vote no, to spending money, Yeah, Yeah, Yeah!

ROLL CALL: Defeated

Mrs. Labow: I should say yes, the answer is no.

President Greenbaum: Ordinance # 28-2005 is defeated

ORDINANCES FOR FIRST READING – (2nd reading September 13, 2005)

President Greenbaum: Ordinance # 32-2005 entitled:

Ord. #32-2005 An Ordinance of the Township of Mount Olive Authorizing the Acquisition of Block 3700 Lots 5 and 42 Owned by J.M.I. Associates.

President Greebaum: Mr. Rattner could you please move Ordinance # 32-2005

Mr. Rattner: Thank you Mr. President, I move that Ordinance #32-2005 be introduced by title, and passed on first reading, and that a meeting be held on September 13th at 7:30pm at the Municipal Building, 204 Flanders-Drakestown Road, Mount Olive, NJ, for a public a 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 Greenbaum: It has been moved and seconded, any discussion? Seeing none, Roll Call.

ROLL CALL: Passed Unanimously

Mr. Greenbaum: Next item for discussion is Ordinance # 33-2005 entitled:

Ord. #33-2005 An Ordinance of the Township of Mount Olive Establishing the Salary of the
Deputy Township Clerk for the Year 2004.

Mr. Greenbaum: Mr. Perkins could you please move that for first reading

Mr. Perkins: Thank you Mr. President. I move that Ordinance #33-2005 be introduced by title, and passed on first reading, and that a meeting be held on September 13th 2005 at 7:30pm at the Municipal Building, 204 Flanders-Drakestown Road, Mount Olive, 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. Rattner: Second.

President Greenbaum: Moved and seconded, Mr. Mund.

Mr. Mund: This retroactively establishes her salary and gives her a lump sum for the year 2004, correct?

Mr. Casey: No.

Mrs. Lashway: This is her 2004 salary. It establishes her rate of pay at this point in time.

Mr. Mund: She doesn’t get any money as a result of this?

Mrs. Lashway: She has received her stipend.

Mr. Casey: She has received her 2004, this will have the impact of, she’s currently at Forty-three this will increase her to Forty-four…seven etc. etc. so this does have a direct impact on her of $1,700.00 or whatever that number is.

Mr. Mund: Yes, I am establishing her 2004 Salary, which means she should have gotten that money last year.

Mrs. Lashway: That’s right.

Mr. Mund: Alright, so we are really saying without an increase to the salary, but establishing a base salary that will be used for the 2005 calculation.

Mrs. Lashway: Correct.

Mr. Mund: We are not saying that.

Mr. Semrau: That’s what you’re saying.

Mrs. Lashway: That’s what we are saying.

Mr. Semrau: Right.

Mrs. Lashway: We are establishing the base salary.

Mr. Semrau: Base pay.

Mrs. Lashway: Salary.

Mr. Semrau: This is what her salary will be…

Mrs. Lashway: As of the end of…

Mr. Semrau: Before any increase for 2005.

Mrs. Lashway: Four.

Mr. Casey: Five.

President Greenbaum: What you’re saying is she is not getting her back pay?

Mr. Mund: Right.

Mr. Lashway: She received the back pay.

President Greenbaum: She got it already?

Mr. Mund: She got the Seventeen hundred back pay?

Mrs. Lashway: She did get that yes.

Mr. Mund: Okay.

President Greenbaum: You don’t need to explain it. Mr. Mund you have it now correct?

Mr. Mund: Okay.

President Greenbaum: Everyone on board, any other questions? Roll Call

ROLL CALL: Passed Unanimously

President Greenbaum: Next item for discussion is Ordinance # 34-2005 entitled:

Ord. #34-2005 An Ordinance of the Township of Mount Olive Providing for the Installation of Traffic Calming Devises on Certain Streets.

Mr. Buell: I move that Ordinance #34-2005 be introduced by title, and passed on first reading, and that a meeting be held on September 13th 2005 at 7:30pm at the Municipal Building, 204 Flanders-Drakestown Road, Mount Olive, NJ, for public hearing, consideration of second reading and passage of said Ordinance, and that the Clerk be directed to publish, post and make available said Ordinance in accordance with the requirements of the law.

Mrs. Labow: Second.

President Greenbaum: Moved and seconded, any discussion, seeing none Roll Call

ROLL CALL: Passed Unanimously

President Greenbaum: Next Items for discussion is the Consent Resolutions Agenda

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 to Cancel Taxes on Block 5401, Lot 24 (201 Route 206).

2. Resolution of the Township Council of the Township of Mount Olive to Cancel Taxes on Block 1201 Lot 9 (41 Crease Road)

3. Resolution of the Township Council of the Township of Mount Olive to Cancel Taxes on Block 4500, Lot 34 (110 Route 206)

4. Resolution of the Township Council of the Township of Mount Olive to Cancel Taxes on Block 3700, Lot 20 and Block 3700, Lot 42.01 (4 Spring St.)

5. Resolution of the Township Council of the Township of Mount Olive to Cancel Taxes on Block 5300, Lot 8 and 26 QFarm. (222 Route 206).

6. Resolution of the Township Council of the Township of Mount Olive Authorizing the Cancellation of Taxes on Block 7600, Lot 114 (173 Flanders-Drakestown Road).

7. Resolution of the Township Council of the Township of Mount Olive Authorizing the Cancellation of Taxes on Block 7610, LOT 4 (55 Vista Drive).

8. Resolution of the Township Council of the Township of Mount Olive Authorizing a Developer’s Agreement for Alnaz Corporation in Connection with Lands Known as Block 7000, Lot 63.

9. Resolution of the Township Council of the Township of Mount Olive Authorizing the Execution of a Developer’s Agreement Based on Final Site Plan Approval Between the Township of Mount Olive and PNC Financial Services Group.

10. Resolution of the Township Council of the Township of Mount Olive Authorizing the Execution of a Developer’s Agreement Based on Final Site Plan Approval Between the Township of Mount Olive and Subaru of Mount Olive.

11. Resolution of the Township Council of the Township of Mount Olive Extending the Contract with Suburban Consulting Engineers, Inc., for Phase II for the Design of a Public Works Facility.

12. Resolution of the Township Council of the Township of Mount Olive RE: Morris County 2005 Historic Preservation Trust Fund Grant Agreement.

13. Resolution of the Township Council of the Township of Mount Olive, Morris County Authorizing a Professional Service Contract with Tom Hitchins, Architect, for Window Replacement, Stucco Repair & Utility Replacement on Old Baptist Church.

14. Resolution of the Township Council of the Township of Mount Olive Approving Change Order No. 3 in Connection with Turkey Brook Park Phase II Improvements.

15. Resolution of the Township Council of the Township of Mount Olive Authorizing a Lease Agreement Between the Township of Mount Olive and Lawrence J. Tighe, Jr., Inc.

16. Resolution of the Township Council of the Township of Mount Olive Authorizing Settlement of Various Tax Appeals.

17. Resolution of the Township of Mount Olive Establishing the Sewer Connection Fee for Saint Elizabeth Ann Seton Church, Main Street, Flanders, NJ.

18. Resolution of the Township Council of the Township of Mount Olive Confirming the Appointment of Rose Barsanti as Municipal Tax Collector.

19. Resolution of the Township Council of the Township of Mount Olive Authorizing the Cancellation of Taxes on Block 7801, Lot 41 (110 Mt. Olive Road).

20. Resolution of the Township Council of the Township of Mount Olive Authorizing Closing of a Portion of Sandshore Road on Saturday, September 17 2005, for the 2005 ITC Triathlon.

21. Resolution of the Township Council of the Township of Mount Olive Endorsing the Application of the Rose House for a Waiver or Variance to the Impervious Coverage Requirements of the Highlands Act.

22. Resolution of the Township Council of the Township of Mount Olive Authorizing a Professional Services Agreement with Schoor DePalma for Engineering Services in Connection with the Improvements to Naughright Road.

President Greenbaum: Does anyone wish to have any of them pulled?

Mr. Guenther: Number 11.

Mr. Rattner: Okay, as we normally do with appointments to supervisory or managerial positions, we usually read that one separately, so I guess 18 can be taken off.

President Greenbaum: Any others? 11 and 18 Okay. Mrs. Labow could you please move 1-10 and ….

Mr. Guenther: Wait a minute, just a second Mr. Greenbaum, I need to check on if I have the right number.

Mr. Mund: You have the right number.

Mr. Guenther: Did I get the right number?

Mr. Mund: Yes, you did.

Mr. Guenther: No.

Mr. Mund: Yes, 11.

Mr. Guenther: No, I wanted number 10 removed. I didn’t look at my revised Agenda.

President Greenbaum: Developers agreement?

Mr. Guenther: Between Mount Olive Township and Subaru of Mount Olive.

President Greenbaum: Okay, so we are going to remove 10 and 11.

Mrs. Labow: No.

Mr. Guenther: I didn’t put 11.

President Greenbaum: I am putting 11.

Mrs. Labow: No, he wants 11 off. Okay I have it Mr. Greenbaum.

President Greenbaum: Go ahead.

Mrs. Labow: I would like to move for passage of Resolution 1-9, 12- 17 and 19-22.

President Greenbaum: Is there a Second?

Mr. Guenther: Second.

PUBLIC PORTION ON CONSENT RESOLUTIONS

President Greenbaum: Anyone from the public who wishes to discuss any of the items on the Consent Resolutions Agenda? Seeing none, I close it to the public.

COUNCIL COMMENTS ON CONSENT RESOUTIONS

President Greenbaum: Any Council comments on any of the items on the Consent Resolutions Agenda? Seeing none, Roll Call.

ROLL CALL: Passed Unanimously

RESOLUTIONS NON CONSENT

President Greenbaum: First Non-Consent Resolution is Number 10. Mr. Guenther could, you please move Resolution #10?

10. Resolution of the Township Council of the Township of Mount Olive Authorizing the Execution of a Developer’s Agreement Based on Final Site Plan Approval Between the Township of Mount Olive and Subaru of Mount Olive.

Mr. Guenther: I hereby move the passage of Resolution number 10.

Mr. Perkins: Second.

President Greenbaum: It has been moved and seconded. Is there anyone from the public who wishes to be heard on Resolution #10? Seeing none, I close it to the public, Mr. Guenther.

Mr. Guenther: I have a question on this one, and I don’t know if there is anyone here to answer it? That’s in the Highlands Preservation area. Were they exempted from that?

Mrs. Labow: I can actually answer that question. They had their approvals prior to, that is where the Saturn Dealer was going to go, it is the same owner. What he did was, he went and got his, he bought a new franchise for Subaru, and they did come before the Planning Board with a few minor adjustments such as a smaller sign, things of that nature. The short answer is yes, and you got the lengthy one first.

Mr. Guenther: Okay, they had been approved before, I thought that probably.

President Greenbaum: Okay, any other comments or questions? Roll Call

ROLL CALL: Passed Unanimously

President Greenbaum: Next Resolution, #11. Mr. Buell could you please move that for me?

11. Resolution of the Township Council of the Township of Mount Olive Extending the Contract with Suburban Consulting Engineers, Inc., for Phase II for the Design of a Public Works Facility

Mr. Buell: I move Resolution #11

Mrs. Labow: Second.

President Greenbaum: Moved and seconded any one from the audience from the public who wishes to be heard on Resolution # 11? Seeing none, I close it to the public. I stated my reasons for opposing this on the record during the conference meeting. I don’t believe that it makes any sense to go forward with further work on the building which is already over budget, any other comments, concerns, questions? Roll Call.

ROLL CALL: Passed with the exception of Mr. Greenbaum, who voted no.

President Greenbaum: Next item for discussion is item is Resolution #18.

18. Resolution of the Township Council of the Township of Mount Olive Confirming the Appointment of Rose Barsanti as Municipal Tax Collector. Mr. Rattner, Could you please move that?

Mr. Rattner: I move Resolution # 18.

Mr. Mund: Second.

President Greenbaum: Moved and Seconded, anyone from the public who wishes to be heard? Yes sir, please state your name and address for the record.

Nelson Russell; Budd Lake: I just had a question. In the last whereas it says her term of office will commence January 1st 2006 yet she was appointed August 8th of 2005. What is her status between August 2005 and January 1st 2006?

Mr. Casey: She is actually serving as the tax collector effective tonight. She has been appointed by the Mayor subject to confirmation. The law says she has a four year statutory term beginning January 1 of the next year she is appointed, so that is just the way the State law reads throughout the tenure of tax collectors. It starts January 1 of the next year. Why they do that for them and it is different for Clerks and the Assessors, I have no idea, it is just government in action.

President Greenbaum: Thank you, anyone else from the public who wishes to be heard on this particular Resolution? Seeing none, I close it to the public. Mr. Rattner did you have a comment?

Mr. Rattner: Yes, I just wanted to relay through the CFO to congratulate Rose, I mean she has been an employee for a while. She had to go through the extra training and take the test so it is an accomplishment and I just wanted to make sure that it was acknowledged separately from the mess of everything else, and that she should just be congratulated on that.

President Greenbaum: Yes, Mrs. Labow.

Mrs. Labow: I also agree with Mr. Rattner completely, and congratulate Rose, but I do have a question concerning the umm….isn’t this sharing… our CFO now is getting paid $6,000.00 a year stipend for being the official tax collector and now Rose is going to have this job so, that $6,000.00 stipend will no longer be paid, is that correct?

Mr. Casey: That is correct; from a budget standpoint this simply, we’re transferring funds that were previously paid to Sherry gets paid over to Rose.

Mrs. Labow: So Sherry gets a little lighter load then right Sherry?

Ms. Jenkins: Yes, that is true, sort of Colleen.

Mrs. Labow: A little lighter in the wallet.

Ms. Jenkins: I still have….overall yes.

Mrs. Labow: Thank you.

President Greenbaum: Okay, any other comments, questions? Roll Call.

ROLL CALL: Passed Unanimously

MOTIONS

1. Approval of Raffle Application #2094 for K of C #5410 Blessed Mother Seton Council.

Mr. Mund: Motion to approve the Raffle Application.

Mr. Guenther: Second.

Mr. Greenbaum: Moved and Seconded, any discussion, Roll Call.

ROLL CALL: Passed Unanimously

2. Bill List

President Greenbaum: Bill List, Mr. Guenther.

Mr. Guenther: I hereby move for approval of the Bill List.

Mr. Mund: Second.

President Greenbaum: Moved and Seconded, any discussion? Roll Call.

ROLL CALL: Passed Unanimously

ADMINISTRATIVE MATTERS

• Appointment of Lewis Candura to the Industrial and Economic Development Committee for a 3 year unexpired term to expire 12/31/07 – Advice and Consent of Council

President Greenbaum: Mayor you have an appointment of Lewis Candura to the Industrial and Economic Development Committee. Do you have anything you wish to add, other than Mr. Candura’s nomination?

Mayor De La Roche: No.

President Greenbaum: Yes, Mr. Mund.

Mr. Mund: I want to make a motion.

President Greenbaum: You don’t need to make a motion…

Mr. Mund: Okay.

President Greenbaum: It’s just simply, it’s been moved by the Mayor so it’s simply a vote of Council. Roll Call please.

Mrs. Lashway: No, it needs a motion and a Second.

President Greenbaum: Alright.

Mr. Mund: I motion for the approval of the appointment.

President Greenbaum: I am wrong.

Mr. Guenther: Second.

President Greenbaum: Moved and Seconded, any discussion? Roll Call.

ROLL CALL: Passed Unanimously

OLD BUSINESS

• Handicapped Parking at Library

President Greenbaum: Handicapped Parking at Library, a note we got from Mr. Dorsey, did anyone have a chance to review it?

Mrs. Labow: Yes, I did.

President Greenbaum: It basically indicates we have the ability to do whatever site improvements. How does Council wish to move forward with the handicapped parking situation at the Library in light of Mr. Dorsey’s legal opinion?

Mr. Buell: Take a front loader on over there and start on it.

Mr. Guenther: I think he suggests, his suggestion is well taken, have Mr. Buczynski or the Township Engineer look at what makes sense, and present some ideas, and we approve it and we go ahead and do it.

President Greenbaum: Mr. Casey, can you forward that on to Mr. Buczynski please?

Mr. Casey: Yes sir.

President Greenbaum: Everyone’s in agreement that that is the way to go?

Mrs. Labow: Wait, can we also…when he comes up with the plans for that, if he is going to come up with the cost at the same time for the removal of the curbing around the front of the building. I don’t know if we can include that in at the same time. Since he is going to be there?

President Greenbaum: The curb cut?

Mrs. Labow: Yes, the curb cuts for the front of the building.

Mr. Rattner: We can put that all in together, access for the handicapped.

President Greenbaum: Yes.

Mrs. Labow: I just want to specify that it is not just the handicapped spots, but it is also cutting out those curbs.
President Greenbaum: Mr. Casey, could you please make sure that Colleen is copied on the letter and that if she has any additional or if anyone has any additional comments that they wish Gene to address, to pass them through Lisa to Mr. Casey so we get one memo from Council to Mr. Casey if it is not all encompassing. Yes Colleen.

Mrs. Labow: On the same subject matter, I have already spoken with Mrs. Lashway about this, so I will ask Mr. Casey. At the Library Board Meeting on July 13th the Library Board of Trustees asked Mrs. Hilbert to forward a request to the Council to appropriate the funds $ 2,200.00 for their new engineer to design and the figures. Did you ever receive that request from her?

Mr. Casey: I received no information from the Library recently within months.

Mrs. Labow: Okay, so that information still didn’t come forward, thank you.

President Greenbaum: How many spots are we looking at?

Mrs. Labow: Two, that well, originally it was going to be four, two on either side but they are down to two.

President Greenbaum: Two, everyone’s in agreement? Okay, any other Old Business Mr. Mund?

Mr. Mund: Yes, I hope everybody received the document from the attorney with regard to the sex offender resident’s prohibition at Hamilton Township, which only addresses schools, parks, playgrounds or daycare centers. It does not address all the bus stops. It keeps it confined and it is for twenty-five hundred feet from each of those facilities.

President Greenbaum: Are you satisfied with the draft that Mr. Dorsey …….

Mr. Dorsey: Well, it has to be modified because of it being implemented, because of a specific child, but yes this seemed to cover it.

President Greenbaum: Right, I am going to see that Mr. Dorsey’s office prepare an Ordinance for first reading for our next meeting.

Mr. Mund: Okay, I was just wondering how the rest of the Council felt?

President Greenbaum: I think everyone by there silence is in agreement that… yes. Colleen has something.

Mrs. Labow: I was only silent for a second. I agree with this Ordinance and I would like to see it go through, but I would also like to say that when you’re making a new law here, and it’s also going to have an enforcement issue, I would like to see if we could have Chief Katona also evaluate it and see if there is any recommendations along that end? You don’t want to put something into law that you cannot enforce, or if it becomes an enforcement issue.

President Greenbaum: Well, I guess we can pass along the Ordinance and we will draft it, and we will pass it along to… actually, the Ordinance which we currently have from Hamilton Township should be passed along to Chief Katona. Chief, if you would have your department take a look at it and perhaps suggest to Mr. Dorsey’s office any changes that the police department may have. I would like to get that on for the next meeting, thank you. Any other Old Business? Any New Business? Mr. Rattner.

Mr. Rattner: This happens to be a question. We were talking about the JCC camp before. I noticed they have camp counselors directing traffic usually in the afternoon. A couple of times, it is almost comical. They are there with I guess, they’re Nextel phones, holding up traffic for about 3 or 4 minutes. One starts letting someone go then also they stop because there is another bus from the back coming forward. I don’t know what the rules are, and I don’t want to cause them any undo grief, but I think it would be good if somebody went down and talked to them, at least told them what they could do, what they can’t do and any pointers if they can do it. I guess what they are trying to do is, at about three of four o’clock in the afternoon they have heavy traffic coming out, a lot of buses and other cars are trying to get it out. It looks like it is unqualified people trying to handle it. It’s like me, at the band competition. We got the cars out awful damn quick didn’t we? Better than your guys.

President Greenbaum: Alright, any other new business? Mr. Buell, then Mrs. Labow.

Mr. Buell: Yes, just a question for Bob, I received…we all received this letter from the Library Board on August the 2nd. The second paragraph said, we were informed by the Business Administrator and the Council Liaison that the Council has recommended that funds, that funds the Library Board has allocated as payment to the architect be utilized as 2005 operating funds with the balance of the architect fees be paid from the bond fund. What is that all about?

Mrs. Labow: I know…

Mr. Casey: Well, what she is referring to there, what we talked about during the budget process was that if in fact she is not able to pay the utilities out of her current budget and she runs… the Library has no surplus available, that in fact we had the capability to reimburse them for what they paid to the architect, which would free up funds which they could use for their operation costs. So that is a fail safe option that you have to basically…you know if, in fact, they totally run out of money on their utility budget because that is the unknown in the thing, so we talked about that during the budget time. They we have that option… you have that option of reimbursing them for some of the architectural expense which frees up money for free balance to be used to pay that cost for the utilities.

Mrs. Labow: I think also, I think this goes back to originally when they had said to the Council way back when, that there were certain costs for the project that they would take responsibility for in hopes that they were going to raise a lot of funds and they did not. Are you aware of that?

Mr. Casey: That I am not aware of, but we do know, we verified that what they expended out of their capital fund and what is possible, that you can capitalize that. All I am saying, is you have the option, should they in fact run out of money on the utilities side, you have the option there of being able to address that issue.

Mr. Rattner: I remember discussing that, I don’t remember the resolution, but I remember discussing those issues. The $300,000.00 that they thought they could raise but they ended up with a lot of competition…

Mrs. Labow: $ 60,000.00 …..Yes.

Mr. Rattner: They didn’t get as much, and we understood that. That’s when we were still talking and we understood that, and we will help you out there, but obviously it didn’t help.

President Greenbaum: Jim, what does that letter specifically say, in that paragraph?

Mrs. Labow: We have it here.

President Greenbaum: I know I saw it and read it, it’s from Jerry right?

Mr. Mund: There’s two of them.

Mrs. Labow: Yes, it is from Jerry.

President Greenbaum: I don’t believe that that is accurate though. I believe that it is accurate that we may at some point picked up on that issue, but the way he has it written it’s a fait acompli. I think there needs to be a response from your office saying that we will evaluate the expenditures of the Library in the event there is a shortfall at the end of the year based upon…

Mr. Buell: I also wonder, the reason I raise this whole issue is obviously the article in the Record talking about lay-offs, short funds in the Library and yet we have had no discussion, no communication directly from the Library Board about any of this going on which concerns me. As far as I know unless someone else has had some communication with the Library Board, they had not informed us that they had fiscal difficulties.

Mr. Guenther: Well, wait a minute Jim didn’t you get the other memo from Jerry that there is a break down in communication?

Mr.Buell: Yes, I was going to raise that question…

Mr. Guenther: Well, that is probably it, the communications are broken down, and we are not getting them.

Mrs. Labow: We are not getting it, which we didn’t get the request.

President Greenbaum: I would also like 2004 audit before we will address any issues about additional funds being made available to the Library.

Mrs. Labow: I would like to, also in lines of the communication to the Library and I think Sherry is familiar with this, I had brought back to the Library Board that the funds that they had expended or were planning to expend for the shelves, the cabling and furniture that since they weren’t able to raise the funds they thought they could, that it could be capitalized. There was a mechanism in place that they used to be reimbursed in their budget and for some reason with this last bid they didn’t follow that, and Sherry and I neither one of us understand why? There was a big issue at the last Library Board Meeting, they wanted to know did I notice if they are getting their money? They had received and email from Sherry saying yes it was going to be on the Bill List and it was and they got their money. Also Jerry Sheard our President of our Library Board is very busy this week. He also sent us a letter complaining, basically that since I have been the Council Liaison to the Library Board for 18 months now, that there is no communication going on. I come to this Council meeting and I relay everything that is said at the Library Board Meeting. I don’t know how much more can you possibly communicate? I don’t know what they are looking for? So I don’t know if we want to respond as a Council. They are pretty much saying they don’t have any need for a Council Liaison.

President Greenbaum: I think you should personally respond. I can’t respond and say you know what, Colleen brings everything back because I am not there. I think you should respond and say that you take great exception to his letter, that every single discussion, every single item that is discussed at the Library Board is presented to Council and to the extent that you feel it’s not… that you’re more than willing to bring a tape recorder with me and tape the entire meeting.

Mrs. Labow: Well, that is what is going to happen at the next Library Board meeting. A couple of us have discussed taping the meetings from now on. The other thing I would really like to say…

Mr. Rattner: Why don’t you just tell them, that what you usually tell us is more than we need to know?

Mrs. Labow: That’s what the whole problem…That’s their problem I tell you guys too much.

President Greenbaum: And that just doesn’t go with respect to the Library Board.

Mrs. Labow: True, yes that’s probably a problem.

President Greenbaum: Mayor.

Mayor De La Roche: If I recall the remarks made by Mr. Sheard….or someone anyway, that it was not the fact that Colleen was not bringing the information back to the Council but she wasn’t bringing the information back to the Library Board that the Council has said.

Mrs. Labow: Well, that in fact is not true, and I will say that….

Mayor De La Roche: I’m sorry?

Mrs. Labow: That is not true.

Mayor De La Roche: It is exactly true, it is exactly true.

Mrs. Labow: I do relay the information. What has happened now with the Library Board, what they did, they used to have the Council Liaison report at the end of the meeting. They moved it up to the beginning of the meeting. They also told me that as a member of the public, they have a public comment portion at the beginning of the meeting. So anything they discuss later on at the meeting where I could give them Council input, I can’t, because I am not allowed to speak, because I am a member of the public and they don’t have a public portion. So I have to wait until the next month.

Mayor De La Roche: What they said was that the information regarding funding and so forth wasn’t being brought back to them so they had no idea whether the Council had approved or disapproved of various things. They told Colleen, so I am sure she is aware of it, as was everybody else that was there.

Mrs. Labow: This letter….

Mayor De La Roche: It is not a matter of you bringing it back to the Council; it is a matter of bringing Council information…..

Mrs. Labow: This letter here that they…. this other letter that they sent also says that I informed them of funding that they were available to have so…

Mayor De La Roche: I am just telling you what occurred, I do not comment on it either way.

Mrs. Labow: Is this one yours? I have my own copy,

President Greenbaum: Okay, you guy’s done?

Mrs. Labow: Yes, we are done. You don’t get anywhere.

President Greenbaum: Bernie.

Mr. Guenther: I just want to go on the record that I take strong objection to Mr. Sheard’s letter, and it is a shame he is not here tonight because I don’t think I need to receive and email from Rita Hilbert as a result of the meetings. There is a Council Liaison there that can bring back the information. Also regarding your comment Mayor that she hasn’t passed the information on from the Council, on important decisions they have been here, and I said it on more than one occasion… maybe this is too strong of a word, but I feel that they are somewhat arrogant in their attitude that they have taken toward the Council. As far as the Council, as far as oversight of their expenditures, and there it is no secret as I said, I said it several times before, on an important decision as far as whatever funding was concerned, they have been informed, and would hear it directly. The belligerence they have taken toward us during the building stage where they think they are a completely independent board, they are required no oversight. The same thing regarding the budget, we can go back and listen to tapes of comments made by Rita Hilbert, Jane Israel, by Jerry Sheard, that reflected that same kind of attitude, and it was reflected in the whole issue with the handicapped parking.

Mayor De La Roche: All I did was relay what happened. I wasn’t commenting on it pro or con. They indicated they weren’t getting the information from Council through the Liaison. That is all I said.

Mrs. Labow: That is not what this letter says.

President Greenbaum: Mayor, okay, Mayor, do you know which information they were not getting?

Mayor De La Roche: As I indicated I thought it had something to do with finances.

President Greenbaum: Were you able to give them that information? You sit on the Library Board as well.

Mayor De La Roche: That’s not my job.

President Greenbaum: Okay.

Mayor De La Roche: Okay?

President Greenbaum: Okay.

Mrs. Labow: It is your job!

Mr. Buell: I take objection to that. It’s not your job? It is your Library Board. You’re a member of that Board by law. You vote on things, or you don’t really vote on things. You abstain I understand, as you do on most Planning Board issues. I think it is part of you’re responsibility as Mayor, which some time you don’t stand up to, to report to the Library Board about the budget which you signed.

Mayor De La Roche: Alright, if your are through with those remarks, let me just indicate to you that, you know I am fully cognizant of the requirements of Mayor, I don’t need you, especially you, commenting on what my roll is or what my roll is not. Right, I know my obligations better than you do obviously. I think everyone is aware of that, but your personal attack is not necessary, I am just trying to tell you what happened at the meeting. It’s the obligation of the Liaison, I assume that is why she is there, to give the information to the Library Board as well as to the Council, so that is my comment.

President Greenbaum: Can you please, Colleen can you find out for me at the next Library Board meeting, exactly what information Mr. Sheard believes he is not able to get through you?

Mrs. Labow: I will, I want to just… one last statement on this. I finally understand what the Mayor is referring to. At the meeting they asked me, was the $193,000 check was it approved on the Bill List? I did not know that they had not received it at the last meeting they were supposed to be getting it forth coming. I explained to Rita, if she had informed me that they had not gotten it, she was still waiting for it, I certainly would have looked for it, it was not removed, and I assumed it was there. Then I found out the very next day, that Mrs. Jenkins had sent her an email, said it was going to be paid. That is the information that they are complaining about that they did not get from me. This letter that Jerry Sheard had sent, it is stating that I am not giving information to the Council that is what this letter is discussing not information that I am not giving to them. End of discussion please.

President Greenbaum: Okay, any other New Business?

Mayor De La Roche: Okay, so my comment was correct I guess, right?

Mrs. Labow: No it is not.

Mayor De La Roche: Obviously it is correct.

President Greenbaum: Any other New Business?

NEW BUSINESS

Mrs. Labow: New Business, wait a minute, this is technically… I just want to bring this up at this point I forgot to bring this up under Old Business. Many times we receive a lot of Resolutions, requests for Resolutions from other towns and persons asking us to support different situations. We don’t always get a thank you, and this time, two weeks ago we approved a Resolution for a program that a young girl was going for her gold award for Girl Scouts, and I remember that Mr. Guenther you brought this up that it was nice that she was doing this for the Veterans. She sent us a thank you note and I just really wanted to make mention of that, because that it was just very sweet, that not only she asked us and we complied and she went that next step and sent us a thank you note.

President Greenbaum: Thank you, any other New Business? Seeing none, Legal matters.

LEGAL MATTERS

Mr. Semrau: I just want to report to Mayor, Council that the diversion agreements with the Board of Education and the exchange of properties, last Thursday I met with the Mayor. He signed the documents. I Fed Ex’d everything over to the Legal Counsel, for the Board of Education so I would hope at this point they would have everything to complete that transaction, and the only thing left is to just record the documents.

President Greenbaum: Thank you, is that it for Legal matters?

Mr. Semrau: Yes it is.

President Greenbaum: Very good job, Council Reports

COUNCIL REPORTS

Library Board Liaison Report

Mr. Rattner: And you better tell us everything….

Mrs. Labow: Are you going to do some kind of spot light torture if I don’t come clean and tell you every single thing? Right now we did not meet…

Mr. Rattner: That’s a lie.

Mrs. Labow: I know it is a lie, it is a lie, they’re not meeting for the month of August. I do want to state that I am disappointed that the Library Director did not send the request still, after I guess it has been six weeks now. There is no meeting until September.
President Greenbaum: Recreation Liaison Report, Mr. Mund.

Recreation Liaison Report

Mr. Mund: They don’t meet again until September.

President Greenbaum: Board of Health Report, Mr. Guenther.

Board of Health Report

Mr. Guenther: We have a meeting tomorrow night.

President Greenbaum: Planning Board Report, Mrs. Labow

Planning Board Report

Mrs. Labow: There is no Planning Board, but I have to make a …I have to clarify something I said at the last meeting in reading the minutes as Lisa will tell you…

Mrs. Lashway: I corrected them.

Mrs. Labow: No, no, but I saw that I made a statement, you made your corrections, but I made a statement that the meetings were cancelled and I misspoke in that respect. It is not that the meetings are cancelled for Planning Board, we did cancel all of our August meetings and the proper way of what I should have said was, we don’t have anything scheduled until October 20th and what I had said; we don’t have any meeting that is not true. We do have a meeting scheduled, we just don’t have anything scheduled until October 20th and right now officially all of our August meetings are cancelled.

President Greenbaum: Well, we have that matter that was referred by Council on that Marveland Farms…

Mrs. Labow: Right.

President Greenbaum: Which is a request in a zoning change which the Planning Board needs to deal with.

Mrs. Labow: I don’t know if they put that up for August or not? Because they already….

President Greenbaum: Board of Adjustment Liaison Report, Mr. Perkins.

Mrs. Labow: They cancelled their meetings already.

Board of Adjustment Liaison Report

Mr.Perkins: Nothing to report.

President Greenbaum: Open Space Committee Report, Mr. Guenther.

Open Space Committee Report

Mr. Guenther: There has been no meeting since the last time we met, excuse me, I guess we do have a special meeting scheduled next Monday, is that confirmed Kathy? On Monday it has been announced regarding the…the possible…what do we call it? Land swap??

President Greenbaum: Diversion.

Mr. Guenther: Diversion.

Mrs. Labow: Diversion.

President Greenbaum: 15th at 7:00 o’clock? 7:00, Kathy? 7:30?

Mr. Guenther: 7:30.

President Greenbaum: Legislative Committee Report, Mr. Mund.

Legislative Committee Report

Mr. Mund: Nothing.

President Greenbaum: Pride Committee Liaison Report, Mr. Perkins.

Pride Committee Liaison Report

Mr. Perkins: Nothing.

President Greenbaum: Board of Education Liaison Report, Mr. Mund or Mr. Buell or both.

Board of Education Liaison Report

Mr. Buell: They meet next Monday night.

President Greenbaum: Lake/Environment Issues Committee.

Lake/Environment Issues Committee

Mr. Rattner: Nothing to report.

President Greenbaum: Safety Committee Liaison, Mr. Guenther.

Safety Committee Liaison

Mr. Guenther: Safety, none since the last time.

President Greenbaum: Finance Committee Report, Mr. Rattner.

Finance Committee Report

Mr. Rattner: Nothing to report.

President Greenbaum: Economic Development Committee Report, Mr. Rattner.

Economic Development Committee Report

Mr. Rattner: We had a meeting, you guys, it was so well attended I mean we had standing room only outside. We got put out of our regular conference room and had to be relocated and we found that fine. Anyway the draw was probably the zoning official who went over with the members of the Economic Development Committee, an overview of the Highlands legislation, also the planning areas, and what it means to Mount Olive. Also some of the activities that were going on and who they were meeting with at the State and other levels to try to resolve some of the issues we have such as the BASF building. It was important that we did have a good turnout for the meeting; also we started narrowing down what we are going to look at. We saw that there is only about 13% of the town that could really be new development, but it didn’t mean that the other 87% couldn’t be re-developed. There was still credit for impervious coverage, there are certain areas that would be nice to clean up and put some new ratables in, be better from an aesthetic standpoint and from a financial standpoint. So we are going to go forward on that, looking at collecting some data and deciding on where we can make the best impact. Additionally, we are going to set up some meetings with some of the larger land owners, landlords in town to discuss what they are doing and what their needs are, where they see the future going. So it was a very productive meeting.

President Greenbaum: Good, was there a timeframe set forth for getting recommendations out of that committee in terms of action?

Mr. Rattner: Not at this time. Right now I think the first couple of meetings, they are probably overwhelmed with all the different data, all the different issues and I think what took a couple meetings was everybody to get familiar with everybody else, and also start narrowing down the issues and the ones that we could have an impact on.

President Greenbaum: Okay, at this point in time I will open it up to the public to anyone who wishes to speak. Mr. Sohl, please state your name and address for the record.

PUBLIC PORTION

Bill Sohl, 29 Netcong Road: I was the first Library Liaison and I just wanted to make a comment and maybe give a little bit of history, and I won’t keep you long. We created the Library Liaison and actually you won’t find it the Ordinance anywhere, it doesn’t exist….

Mrs. Labow: They told me that.

Mr. Sohl: It is strictly an ad hoc position and it was intended, when we set it up originally, is not to replace existing flow of information. If the Library Board needs specific answers to specific questions, they should follow whatever that normal process is. If that is to go to the Administration, or to send a formal note to the Council President, then that is the way is should be happening. The intent of the Library Liaison is far more to provide and to keep abreast the Town Council as to what is going on in the library environment, so that there would be “no” surprises. Again it is not rocket science, it’s not a formal position, and again it is not intended, or certainly was not when I was there, and I believe when Dave Scapicchio took it over after I left, it was not intended in any way to circumvent or short circuit or to alleviate the normal process that should be followed. That’s basically it, Thank you.

President Greenbaum: Thank you Mr. Sohl. Mr. Russell.

Nelson Russell, Budd Lake: In the parking lot directly across Sandshore Road from the Boat House is an abandoned boat; it was abandoned by the former owners of the Boat House and left in the gravel parking lot, which was subsequently turned into a home. The abandoned boat was moved over to a new parking lot. It has flat tires, it has no floor boards, the engine has been removed, it is junk. What can we do to get rid of it?

President Greenbaum: Mr. Casey.

Mr. Casey: With the property maintenance code we can have it removed. Where is it now? Which parking lot?

Mr. Russell: It is on the corner of Sandshore and Netcong

Mrs. Labow: It’s that same parcel that had the hose hooked up to the basement and draining out into the road?

Mr. Casey: Right.

President Greenbaum: Anything else Mr. Russell?

Mr. Russell: No, that’s it. Thank you.

President Greenbaum: Anyone else in the public who wishes to be heard? Seeing none, I close it to the public.

Mrs. Labow: Judy raised her hand…

President Greenbaum: Oh, didn’t see your hand, I open it back up to the public.

Judith Hirky, Lozier Road, Budd Lake: I want to thank all of you for being so supportive, so understanding, I can’t say any more. I appreciate it. When I say I, I am speaking for all the people in the town from the little kids to the mothers, who are lugging them through those doors that don’t open automatically. So I appreciate you doing all you have done, and I adore… John Dorsey… tell him that.

Mr. Rattner: Well, that is a new one…. that is a new one.

Mrs. Hirky: Hey, listen, he said what I like to hear, but it is the truth. In response to Colleen’s problem, I think the solution to that is, let the Library record the meetings. They absolutely refuse to, and if they don’t record them, maybe there will be some people sitting there that will record them, but again thank you so very much. I appreciate it and I look forward to being able to use the Library.

Mr. Perkins: You’re welcome.

President Greenbaum: Anyone else from the public? Last chance, anyone else from the public? Seeing none, I close it to the public. At this point we are going to have final comments followed by an executive session related to the purchase of property.

Mrs. Labow: Mr. Greenbaum.

President Greenbaum: Yes.

Mrs. Labow: Mr. Greenbaum, excuse me before we go to final comments, there is one thing I forgot to bring up under New Business.

President Greenbaum: It’s too late.

Mrs. Labow: Oh, come on, it’s a quickie.

Mr. Guenther: Bring it up under final comments.

Mrs. Labow: Ahhh… I have too much to bring up under final comments tonight.

President Greenbaum: Go ahead Colleen. You have something under New Business?

Mrs. Labow: Mr. Casey, did you receive the email from the resident over on Deerfield about all the litter that has been strewn around the street? From the Mc Donald’s and Dunkin Donuts over there in Flanders.

Mr. Casey: No.

Mrs. Labow: Okay, it was sent to the Administration. I guess Mrs. Ryan probably got it? What he stated in the email, I will get you all the information, was there was an agreement with Mc Donald’s way back when in 1985 when they first opened that store, that they would clean that area and make sure there wouldn’t be garbage strewn all over the neighborhood. Mrs. Lashway did research that information for me, it wasn’t that is was part of the official final agreement, but there was a statement where they did say they were going to have regular patrols. Mr.Licata… I think is how you pronounce his name, said the neighborhood would like to be part of the solution not just complaining about the problem. They are tired of all the garbage. They are walking their dogs and picking up bags full of garbage as they are going around. He sent me an email with suggestions; I will forward those to all of you, and see if we can come up with some kind of working plan over there to keep some of that litter picked up. Is that okay?

Mr. Casey: Yes.

Mr. Mund: Colleen it’s hard when the kids walk by with the food.

Mrs. Labow: Right.

Mr. Buell: Because they go right down Plaza Road.

Mrs. Labow: But Mc Donald’s said they were going to have people cleaning it up and they haven’t been.

Mr. Mund: I think they clean up in the lot.

President Greenbaum: Is that it Colleen? Bob, before we move on to final comments, the purchase of property under executive session, it is my understanding that came through your office?

Mr. Casey: Yes, that is correct.

President Greenbaum: Okay, so you actually have something, and it is not just a carry over? Okay, so what we are going to do now are Final Comments followed by the Executive Session followed by no further action and Adjournment of the meeting.

COUNCIL COMMENTS

Mr. Rattner: And then we can go home?

President Greenbaum: Maybe…. if that is where you’re headed?

Mr. Rattner: I am going home.

President Greenbaum: Okay, so at this point Mayor do you have any comments?

Mayor De La Roche: Well, just before we do that, first of all as I have indicated I appreciate under this Council President being afforded the opportunity to make comments, but also you might recall that I asked that I be permitted to comment at the end of the meeting also, regarding any responses by Council that I had to answer to. I was just wondering if you were considering that.

President Greenbaum: No, but what you can do is write down anything that you wanted to respond to. I don’t want to do that because it opens Pandora’s Box, because then each Council member would feel the need to respond to your response. We are not going to do that, but you have the opportunity at the following meeting to respond in any fashion that you feel fit, under your portion of the comments. This is your one opportunity Mayor, if you have something to say? Or you can simply respond to it at the next meeting.

Mayor De La Roche: Okay, I do want to respond to a comment made by the Council President at the last meeting, at which time he referred to the Chief Executive of the Town, namely the Mayor, as the Head Cheerleader I believe? I take great exception to that remark, and I think it is degrading to the entire town and want to also remind you, that you also, Council members also received a letter from an attorney, on behalf of some employee who had the same remark referred to her during a negotiation session apparently. I want to remind everyone that those types of remarks resulted in the last administration, the prior administration, in a substantial lawsuit that had to be settled and cost the town quite a bit of money. So I would appreciate it if people would keep there remarks you know, businesslike and so therefore I am bringing that comment to you.

President Greenbaum: Thank you, is that it Mayor?

Mayor De La Roche: Yes.

President Greenbaum: Mr. Buell.

Mr. Buell: On Second thought, no comments.

President Greenbaum: Mrs. Labow.

Mrs. Labow: This is the last time I am going to bring up this subject, but in light of what the Mayor said earlier about the Website, I have to make my final comments, and I am making them at this portion. With the letter that he had posted on the forum, it was also a letter that went to the Chronicle, whether it went in the form of a press release or the form of a letter, it was printed in it’s entirety in the Chronicle. In that letter there was a paragraph where he memorialized in this something that I absolutely never said, I never even considered, I never even thought of and I just want to point that out that never happened. Also if he is going put something like that response to a letter that I wrote to the editor, he should at the very least, post my letter as well. My letter that I wrote to the Chronicle at that time, every single bit of information from that letter was taken from information that he had passed out at the budget hearing meetings. What he said in budget meetings, what he said at meetings, not any of it was my opinion. It was taken strictly from paperwork I had available, I taken exception to him questioning my credibility here at the meeting. A few seconds ago he just asked us to be careful of comments that we make, as it has resulted in lawsuits. I think tonight alone, I could take libelous action against him for statements he made about my credibility which is totally unfounded. So, even though he so graciously left the room, hopefully he will consider his own advice this evening and take it himself. Thank you.

President Greenbaum: Thank you, Mr. Mund.

Mr. Mund: No comment.

Mr. Guenther: No comment.

President Greenbaum: Mr. Rattner, Mr. Perkins

Mr. Perkins: No comment.

Mr. Rattner: No comment.

President Greenbaum: I only have one comment and that is that I graciously accept the position of Head Cheerleader since others do not want it. It wasn’t meant as a slight, but rather the person that should be out there toting the virtues of Mount Olive, to the extent that others may find it degrading, I find it to be, and it was meant to be in a very positive fashion but everybody’s got to find something to complain about. At this point, Mr. Perkins, can you move us into Executive Session?

Mr. Perkins: Yes, in accordance with Section 7 and 8 of the Open Public Meetings Act, I make a motion to move into Executive Session for purpose of purchasing property.

Mr. Mund: Second.

President Greenbaum: Moved and seconded, all in favor…….

Executive Session: Purchase of Property

Adjourn to Executive session: Motion to go in to the Executive Session made and seconded. All were in favor, the Executive Session started at 11:16 pm and ended at 11:28 pm. The meeting reconvened and was adjourned at 11:28 pm.

__________________________
Robert J. Greenbaum
Council President

I, HEREBY CERTIFY the foregoing to be a true copy of a resolution adopted by the Mount Olive Township Council at a duly convened meeting held on August 23, 2005.

_______________________
Lisa M. Lashway
Township Clerk

 

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