Mt. Olive Township Council Minutes
December 13, 2005

The Regular Public Meeting of the Mount Olive Township Council was called to Order at 7:25 pm by Council President Greenbaum with the Pledge of Allegiance.

7:00 pm Mount Olive 8 & Under Travel Baseball Team Presentation

Mount Olive Jr. Marauders Super Pee Wee Presentation

7:15 pm Land Sale Block 2506 Lots 7 & 10

PLEDGE OF ALLEGIANCE & MOMENT OF REFLECTION

OPEN PUBLIC MEETINGS ACT ANNOUNCEMENT

According to the Open Public Meetings Act, adequate notice of this meeting has been given to the Mount Olive Chronicle. Notice has been posted at the Municipal Building, 204 Flanders-Drakestown Road, Mount Olive Township, New Jersey and notices were sent to those requesting the same.

ROLL CALL Present: Mr. Buell, Mrs. Labow, Mr. Biondi, Mr. Guenther, Mr. Rattner,
Mr. Perkins, Mr. Greenbaum

Absent: None

Also Present: John Dorsey, Township Attorney; Mayor De La Roche; Rick Prill, Business Administrator; Barry Krauser (Integra Appraisal Services);
Jack Marchione, Tax Assessor; Lisa Lashway, Township Clerk

Executive Session Tax Appeal Discussion
Union Negotiations

Mr. Perkins: In accordance with Section 7 & 8, the Public Meetings Act I make a motion we move into Executive Sessions for the purposes of Tax appeal discussion and Union negotiations.

Mr. Rattner: Second.

President Greenbaum: It has been moved and seconded, all in favor.

President Greenbaum: All opposed.

President Greenbaum: Motion Carries, we are in Executive Session. Thank you, we will take a two minute recess.

Questions on Bill List?

President Greenbaum: I call the meeting back to order. At this point, prior to going to Executive Session we did the Pledge of Allegiance and the Moment of Reflections, Open Public Meetings Act announcement and went through the Roll Call. At this point, we are at the portion of our Agenda entitled “Questions on the Bill List.” Does anyone have any questions on the Bill List which they would like to raise for the Administration for answering at the end of the meeting? Seeing none, we will move on.

APPROVAL OF MINUTES OF PREVIOUS MEETINGS

Nov. 1, 2005 Present: Mr. Buell, Mrs. Labow, Mr. Mund, Mr. Guenther, Mr. Rattner,
Mr. Perkins, President Greenbaum
Absent: None

Nov. 22, 2005 Present: Mr. Buell, Mrs. Labow, Mr. Biondi, Mr. Rattner, Mr. Perkins,
Mr. Greenbaum
Absent: Mr. Guenther

Nov. 22, 2005 CS Present: Mr. Buell, Mrs. Labow, Mr. Mund, Mr. Rattner, Mr. Perkins
(for BASF & Construction Office Discussion), President Greenbaum
Absent: Mr. Guenther, Mr. Perkins for (FOP/MOTPEA Contract Discussion)

President Greenbaum: Approval of Minutes for previous meetings. Mr. Buell could you please move the three sets of Minutes that are on the Agenda.

Mr. Buell: I move November 1, 2005, November 22, 2005, and November 22, 2005 Executive Session Minutes.

President Greenbaum: Is there a second?

Mrs. Labow: Second.

President Greenbaum: It has been moved and seconded. Is there any discussion, deletions, additions, comments? Seeing none, Roll Call.

ROLL CALL: Passed Unanimously with the exceptions:
Mr. Biondi Abstained on November 1, 2005
Mr. Guenther Abstained on November 22, 2005 & the Executive Session
Mr. Perkins Abstained on the November 22, 2005 Executive Session

CORRESPONDENCE

LETTERS FROM RESIDENTS / ORGANIZATIONS

1. Thank you letter received November 28, 2005, from the Mount Olive High School Ice Hockey Booster Club.

2. Letter received November 23, 2005, from Virginia Nolan, Mount Olive Road, Budd Lake regarding Dianne Brochu.

3. Invite received December 5, 2005, from Ernie DiCicco, NJ State Coordinator, FIRST LEGO League.

4. E-mail received December 6, 2005, from Laura and Dick Szwak, Theresa Drive regarding proposed Ordinance to limit parking on the street during High School hours.

5. Letter received December 9, 2005, from Jane Israel regarding update on her recent move and thanking the Township for her Proclamation.

RESOLUTIONS, ORDINANCES, CORRESPONDENCE FROM OTHER TOWNS

6. Resolution received November 19, 2005, from the Borough of Riverdale regarding funding of State Homeland Security Grants to those Municipalities bypassed from receiving Grant Funds through the Statewide Local Domestic Preparedness Equipment Program.

7. Ordinance received November 21, 2005, from Allamuchy Township regarding Land Use.

8. Resolution received November 28, 2005, from the Borough of Sayreville regarding legislation that would amend New Jersey Senior Property Tax Freeze Protection Act and effectively increase income eligibility limitations to the median regional income limits as established by the Council on Affordable Housing.

9. Resolution received November 30, 2005, from the Township of Parsippany-Troy Hills regarding support of greater competition for cable television service.

10. Four Ordinances received November 30, 2005, from Washington Township regarding Land Use.

11. Resolution received November 30, 205, from the Morris County Board of Chosen Freeholders regarding “National Pearl Harbor Remembrance Day.”

12. Resolution received December 8, 2005, from the Borough of Wharton calling for a meeting
of representative elected officials from the County of Morris, State of New Jersey.

MUA / MSA

13. 2006 Musconetcong Sewerage Authority Budget received November 21, 2005, from Department of Community Affairs, Director of the Division of Local Government Services.
14. Postcard received December 1, 2005, from the Musconetcong Sewerage Authority regarding a change of a meeting date.

15. Minutes received December 9, 2005, from the Musconetcong Sewerage Authority’s November 2, 2005, meeting.

DOT / DEP

16. Letter received November 21, 2005, from Department of Environmental Protection regarding application for Letter of Interpretation and General Permit Authorization. Applicant: Tonie Fry Block 3201 Lot 21 (168-174 Route 46)

17. General Highlands Application information received November 21, 2005, from the New Jersey Department of Environmental Protection regarding Williams Minor Subdivision Block 5002, Lot 10 (Flanders Drakestown Road).

18. Letter received December 2, 2005, from Chester, Plousas, Lisowsky, Partnership, LLP regarding Highlands Applicability and Water Quality Management Plan consistency determination. Givaudan Phase I and Phase II Expansion. Block 402, Lots 5 and 2 (300 Waterloo Valley Road)

19. Letter received December 8, 2005, from NJ Transit regarding 2006 FTA Section 5310 Grant Notification.

20. Letter received December 9, 2005, from the State of New Jersey, Department of Environmental Protection regarding Authorization for Freshwater Wetlands Statewide General Permit No. 14 and Waiver of Transition Area for Access. Applicant: The Morris Companies, Block 400, Lot 1 (217 Waterloo Valley Road)

21. Letter received December 9, 2005, from the State of New Jersey, Department of Environmental Protection regarding Kevin B. Dorlan Lot 19, Block 8500 (103 Mine Hill Road) Agency Determination: Highlands Act – Not Exempt, Upper Delaware Water Management Plan – Inconsistent.

LEAGUE OF MUNICIPALITIES

22. E- Mail received November 21, 2005, from the New Jersey State League of Municipalities regarding overcrowding.

23. E-mail received November 22, 2005, from the New Jersey State League of Municipalities regarding Qualified Purchasing Agent.

24. E-mail received November 30, 2005, from the New Jersey State League of Municipalities regarding League of Municipalities Special Member Discount – First Epicenter Conference.

25. E-mail received December 2, 2005, from the New Jersey State League of Municipalities regarding League “Response to the Governor’s Pension Benefit Task Force report.

26. Letter received December 8, 2005, from the New Jersey State League of Municipalities regarding educational sessions on CD’s.

COAH

27. Information received November 28, 2005, from the Coalition for Affordable Housing regarding economy, community and environment.

28. Letter received December 5, 2005, from the State of New Jersey Council on Affordable Housing regarding petition for substantive certification of the Township’s housing element and fair share plan.
29. Newsletter received December 9, 2005, from the Council on Affordable Housing welcoming new staff, Extended Substantive Certifications, and UHAC Training.

MORRIS COUNTY

30. Letter received December 1, 2005, from the Morris County Board of Chosen Freeholders regarding Municipal Reorganization meeting.

MISCELLANEOUS

31. Information received November 22, 2005, from the Morris ARC regarding Renewing our commitment, Letter from executive director, Golf Outing, Volunteer Recognition Dinner, New Board President, and Walk 2005.

32. Registration information received November 22, 2005, from Rutgers regarding Driving down Deaths.

33. Invitation received November 28, 2005, from Rachel Manor Properties regarding a Holiday Party.

34. Postcard received November 28, 2005, from Suburban Consulting Engineers regarding new contact information.

35. Post card received November 29, 2005, from the Mount Olive Area Chamber of Commerce regarding upcoming meeting information.

LEGISLATIVE REPRESENTATIVES

36. E-mail received November 19, 2005, from Congressman Frelinghuysen regarding House passes deficit reduction act, comments on calls for troop withdrawal from Iraq, Commemorative Stamp Honoring John Basilone to b e unveiled, House approves funds for new Picatinny fire station, House approves transportation funds for Northern New Jersey.

37. E-mail received December 5, 2005, from Congressman Frelinghuysen regarding Nanotechnology Facility at Picatinny Arsenal.

UTILITIES

38. Fax received November 28, 2005, from Comcast regarding Rate Adjustments.

39. Fax received December 5, 2005, from Comcast regarding In Demand Sports Barker Channel.

President Greenbaum: The next item for discussion is Correspondence. There are, on the amended Agenda, 39 pieces of correspondence. Is there any one particular piece of Correspondence that anyone wishes to discuss? Seeing none, we will move on. At this point we are up to Ordinances for Public Hearing.

ORDINANCES FOR PUBLIC HEARING

President Greenbaum: The first ordinance for public hearing is Ordinance #40-2005 entitled:

Ord. #40-2005 An Ordinance of the Township of Mount Olive Providing for Restrictions as to No Parking, No Standing, No Stopping on Theresa Drive in Conjunction with the High School Construction Project.

President Greenbaum: At this point in time, I will open it up to the public for anyone who wishes to be heard, noting that we have received various correspondences from a number of different residents on Theresa Drive who felt there was no reason to have the parking restrictions at this point in time and having said that I will open it up to the public. Who wishes to be heard? Yes sir, you have to go up to the microphone and state your name and address please.

Bob Rudolf, 5 Theresa Drive: I offered one of the memos that I think was distributed to you folks. The last time I sent something in was my birthday, and you very graciously gave me a nice birthday present by striking down or at least tabling the proposal to do this. I thought subsequently that the discussions had resulted in being perceived…we really didn’t need any parking restrictions on Theresa Drive because there is no problem there. I have been home this week. I have looked out. I have been home last week and I looked out, maybe you will see one or two cars at most. That’s it and if there is some sort of fear that we are going to be inundated with them in the future, well, let’s deal with that when it happens. Right now all it is going to do is be an annoyance to the residents, keeping our family and friends moving from side to side to try to guess which is going to be the alternate side of the street that day. It is bad enough in New York City and we are not in that state yet, so essentially unless somebody here has a question for me? I think the letters you have received, I have spoken with just about everyone on our street. There are about eight families on the street and I couldn’t find one who was in favor of restrictions of any type for parking on Theresa Drive. As I say, unless you have questions for me?

Mr. Buell: Bob, we have talked about this issue. There may be at this point in time, none of the kids parking there but just doing the math.

Mr. Rudolf: Math, excuse me. Math, you can manipulate anyway you want. The practical thing is you look out there and there are no cars. Why pass an ordinance?

Mr. Buell: Bob, let me go through it, just for the sake of the argument. Thirty kids a month will be getting their license from now until next June, twenty of those will have cars. The closest available parking is Theresa Drive. I went outside my house today and I took a picture of what Theresa Drive could look like, this in Lynwood Avenue. The cars are parked on both sides of the road. It is a single lane road for twenty minutes everyday when the school is letting in and letting out. The only difference between this and Theresa Drive in terms of the size of the macadam is the fact we have sidewalks on Lynwood Avenue. You have no sidewalks. So, some morning at 6:00 in the morning, that is when these kids will start arriving. We are going to have cars parked on both sides of the street, of your street. We are going to have kids in the street, snow on the ground and a dangerous situation. Now, can we do something then? Yes, once the kids start parking there...it will take us a month from that date to pass a law which will implement these parking restrictions that are actually temporary for just a period of time that this school is being built.

Mr. Rudolf: Excuse me, but when you say temporary for a while, the school is being built. Construction projects never end on time. We all know that. The other thing is that if, in fact, we do need them on an emergency basis, if there is some reason why we have to have parking restrictions, this cardboard, snow emergency, no parking snow emergency signs are certainly useful and do the trick and they can just be tied up very quickly. You have a picture there of what you say it could look like. Well, I don’t know if you have watched any of those disaster movies that they have been showing on the cable networks? I could have brought a picture of that and said this is what Mount Olive could look like if this happens. Well, it hasn’t happened so why deal with it now. As I said to you in the memo, Mount Olive has a lot of serious problems. Spend your time concentrating on those not on what could be or what maybe, if something happens down the road and we would be more than happy if there was a problem. We would be more than happy to work with you and come and complain again but right now why do it?

President Greenbaum: Thank you, Mr. Rudolf. Is there anyone else from the public who wishes to be heard on this particular ordinance? Seeing none, I close it to the public.

Mrs. Labow: I move for adoption and final passage of Ordinance # 40-2005.

Mr. Perkins: Second.

President Greenbaum: It has been moved and seconded, any discussion?

Mr. Rattner: You know we passed all these ordinances because we thought we were going to have a major problem and it does appear that the problems haven’t materialized, that the temporary parking we have is working. The whole thing started with the request of the residents on the different streets that is why we kept going. Now we were basically checker boarding, we put no parking on one street and everybody would park on the next street, and so on. It doesn’t appear to be a big issue. The police department has the right to, in case of an emergency, if there is a lot of snow on the ground, to put up temporary signs to say No Parking. I am not sure, I didn’t have enough time to look at our ordinance but a couple of years ago when we changed our ordinance from No Parking Overnight on every road in town, and we changed it to say there’s No Parking when the road is snow covered. So there would be no parking. I am not sure if it is just at night because I didn’t have enough time to look at it or we want to keep, you know if it is only temporary parking, if we really don’t have a problem, just about every street that we did include we had the majority of the residents state that they wanted the parking ban. Unless somebody shows me that Theresa Drive is a safety problem, I don’t think I want to support it now. It looks like the residents don’t want it and again the police department on a moments notice if it looks like a safety issue or too many cars start parking on both sides of the street and you can’t get through because it is still going to be dark, they can put up immediate signs and we could have the resolution ready at the next meeting.

President Greenbaum: My recollection is that we had given the assurances to the people on Theresa Drive that we would not move forward with the parking restrictions. In light of all of the same arguments that have been made here today, I left that meeting the same as Mr. Rudolf did and that was, that it was a done issue and I was surprised that it came back on First Reading and I remember how surprised I was because as we went through the Roll Call at First Reading it was 6 – 1 with me being the low no vote in terms of the restrictions. Jim I think you bring up some very valid points in terms of your concerns. Again, if it materializes I think we will need to re-visit the issue and we can re-visit it as it has been indicated on an emergency basis until we can put the appropriate ordinance in place. I think it would be a disservice to the residents of Theresa Drive to move President Greenbaum (cont’d): forward with this ordinance at this time under the facts as we currently know them. Having said that, I appreciate the unanimous support of Council the last time this ordinance came up to continue the public hearing on it, so the residents could be notified and could voice their opinions here tonight. It is my hope that we would vote this down tonight,. Does anyone else have anything they want to say on this issue.

Mr. Biondi: I move the question.

President Greenbaum: Question has been moved, Roll Call please.

ROLL CALL: Defeated, with the exception, Mr. Buell voted Yes.

President Greenbaum: Ordinance # 40-2005 is Defeated. The next ordinance for public hearing is Ordinance #57-2005 entitled:

Ord. #57-2005 An Ordinance to Amend and Supplement an Ordinance of the Township of Mount Olive Establishing Salaries of Department Heads, Supervisory and Certain Non-Union Personnel and for the Employees of the Township Clerk’s Office for the Year 2005 (Ordinance Number 46-2005 Business Administrator)

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 and I would ask that Mr. Biondi to please move Ordinance #57-2005.

Mr. Biondi: I move Ordinance # 57-2005.

Mr. Prill: Second.

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

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

President Greenbaum: Ordinance #57-2005 is passed on second reading and I hereby direct the Clerk to forward a copy of same to the Mayor and publish the notice of adoption as required by law.

ORDINANCES FOR FIRST READING – (2nd reading December 27, 2005)

President Greenbaum: Ordinances for First Reading, Second Reading to be December 27, 2005. The first ordinance is Ordinance #59-2005 entitled:

Ord. #59-2005 An Ordinance of the Township Council of the Township of Mount Olive to Amend and Supplement an Ordinance of the Township of Mount Olive Entitled “An Ordinance of the Township of Mount Olive Establishing Salaries of Department Heads, Supervisory and Certain Non-Union Personnel and for the Employees of the Township Clerks Office for the year 2005.” (Ordinance Number 46-2005)

President Greenbaum: Mr. Guenther could you please move Ordinance #59-2005 for First Reading.

Mr. Guenther: I move that Ordinance #59-2005 be introduced by title, and passed on first reading, and that a meeting be held on December 27, 2005 at 7:30 p.m. at the Municipal Building, 204 Flanders-Drakestown Road, Mount Olive, New Jersey, for a public hearing, consideration of second reading and passage of said Ordinance, and that the Clerk be directed to publish, post and make available said Ordinance in accordance with the requirements of law.

Mr. Rattner: Second.

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

ROLL CALL: Passed Unanimously with the exception, Mr. Greenbaum voted No.

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 authorizing a Professional Services Agreement with Schoor DePalma, to Provide Construction Administration Services in connection with Turkey Brook Park – Phase III.

2. Resolution of the Township Council of the Township of Mount Olive Authorizing The Budd Lake Fire Department to Sell Used Equipment.

3. Resolution of the Township Council of the Township of Mount Olive Authorizing a Contract between the Township and Schoor DePalma, for a project referred to as the “Control Panel Replacement.”

4. Resolution of the Township of Mount Olive, Morris County New Jersey to Endorse Acquisition of Development Rights. (Marie Young – Block 46.01, Lot 35 in Chester Township and Block 6000, Lot 4 in Mount Olive Township (91.5 Acres) for Farmland Preservation.

5. Resolution of the Township Council of the Township of Mount Olive Authorizing a Chapter 159 Budget Amendment for the Body Armor Replacement Fund for $4,570.77.

6. Resolution of the Township of Mount Olive Authorizing the Use of a Purchasing Contract. (Purchase goods through State and County Cooperative Purchasing Contracts – under $21,000)

7. Resolution of the Township Council of the Township of Mount Olive Accepting the Township Commitment as the “Lead Planning Agency: (LPA) for the Budd Lake Regional Storm Water Management Plan.

8. 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 2005 Municipal Budget ($1,000.00 for Donation – Sam’s Club)

9. Resolution of the Township Council of the Township of Mount Olive Establishing the Annual Reorganization Meeting for January 3, 2006.

10. Resolution of the Township Council of the Township of Mount Olive Providing for the Transfer of 2005 Budget Appropriations for the Current Fund Budget.

11. Resolution of the Township Council of the Township of Mount Olive Releasing Performance Guarantees in Connection with a Developers Agreement Between CWM Properties, LLC and the Township of Mount Olive.

President Greenbaum: Tonight’s amended Agenda has eleven Consent Resolutions on it. Are there any Consent Resolutions that any particular Council member wishes to have removed from the Consent Agenda’s list? Seeing none, I would ask Mr. Rattner to please move the eleven Consent Resolutions.

Mr. Rattner: Thank you Mr. President. I move 1-11.

Mr. Guenther: Second.

PUBLIC PORTION ON CONSENT RESOLUTIONS

President Greenbaum: It has been moved and seconded. At this point in time I will open it up to the public for anyone who wishes to discuss any of the particular resolutions on the Consent Resolutions Agenda. Seeing none, I close it to the public.

COUNCIL COMMENTS ON CONSENT RESOLUTIONS

President Greenbaum: Are there any Council brief clarifying statements with respect to the Consent Resolutions Agenda? Seeing none, Roll Call.
ROLL CALL: Passed Unanimously

RESOLUTIONS NON CONSENT

President Greenbaum: We are now up to Resolutions Non Consent. The first Non Consent resolution is

12. Resolution of the Township Council of the Township of Mount Olive Overriding the Veto of Ordinance Number #54-2005. (Ordinance Number 46-2005 Health Officer)*

President Greenbaum: Because this is an override of a veto, it requires a super majority to pass. Correct Mr. Dorsey?

Mr. Dorsey: Yes.

President Greenbaum: Which are 5 votes.

Mr. Guenther: I hereby move for the adoption and final passage of Resolution #12.

Mr. Rattner: Second.

President Greenbaum: It has been moved and seconded. Is there anyone from the public who wishes to be heard on this particular resolution? Seeing none, I close it to the public. Any Council comments? Seeing none, Roll Call.

ROLL CALL: Passed Unanimously

President Greenbaum: Resolution #12 passes the next resolution is #13

13. Resolution Authorizing Settlement of Tax Appeal Filed by Eden Park LLC for the Year 2005.

Mr. Dorsey: Excuse me.

President Greenbaum: We are amending correct?

Mr. Dorsey: Yes, we are amending. We are amending so that we are approving this subject to resolution of a legal question raised by Mr. Rattner as to the Highlands legislation to the effect of the value of its property.

President Greenbaum: Okay, and to the effect that Mr. Rattner is correct, then the approval is not going forward.

Mr. Dorsey: That’s right.

President Greenbaum: Does everyone understand?

Mr. Biondi: You are talking #12?

President Greenbaum: Number 13.

Mr. Biondi: #13, I am sorry.

President Greenbaum: Mr. Perkins could you please move #13 as amended.

Mr. Perkins: Yes, I move for the amended version of Non Consent Resolution #13.

President Greenbaum: Is there a second?

Mr. Guenther: Second.

President Greenbaum: It has been moved and seconded. Is there anyone from the public who wishes to be heard on Non Consent Resolution #13? Seeing none, I close it to the public. Are there any Council comments? Seeing none, Roll Call.

ROLL CALL: Passed Unanimously

President Greenbaum: The next item for discussion is Non Consent Resolution #14.

14. Resolution of the Township Council of the Township of Mount Olive Authorizing the Issuance of a Professional Services Contract to Schoor DePalma in Connection with the Aeration Tank Cleaning of the Clover Hill Sewerage Treatment Plant.

President Greenbaum: Mr. Buell could you please move that.

Mr. Buell: I move Resolution #14.

President Greenbaum: Is there a second?

Mr. Biondi: Second.

President Greenbaum: Is there anyone from the public who wishes to be heard on Non Consent Resolution #14? Seeing none, I close it to the public. Any Council comments? Seeing none, Roll Call.

ROLL CALL: Passed Unanimously

President Greenbaum: The next item for discussion is Non Consent Resolution #15.

15. Resolution of the Township Council of the Township of Mount Olive Authorizing a Lease Extension with the County of Morris for the Rental Space known as the Nutrition Site at the Mount Olive Senior Center.

President Greenbaum: Mrs. Labow, could you please move that?

Mrs. Labow: I move for passage of Resolution #15.

President Greenbaum: Is there a second?

Mr. Buell: Second.

President Greenbaum: Moved and seconded. Anyone from the public who wishes to be heard on Non Consent Resolution #15? Seeing none, I close it to the public. Any Council comments?

Mr. Rattner: It is just nice. It seems it is the first year that we didn’t have a lot of controversy on hosting a new treatment center for our senior citizens.

Mrs. Labow: I just wanted to say that it is really a good thing that we host this and it is packed every Monday and Wednesday and Friday. They are always looking for volunteers to help pass out the meals. Anybody interested? Monday, Wednesday, and Friday. Thank you.

President Greenbaum: Thank You, Roll Call.

ROLL CALL: Passed Unanimously

President Greenbaum: The next item for discussion is Non Consent Resolution # 16

16. Resolution of the Township Council of the Township of Mount Olive Authorizing the Settlement of a Tax Appeal (Severud).

President Greenbaum: May I have a motion, Mr. Rattner, to approve that Tax Appeal?

Mr. Rattner: So moved.

Mr. Perkins: Second.

President Greenbaum: It has been moved and seconded. Anyone from the public who wishes to be heard on Non Consent Resolution #16? Seeing none, I close it to the public. Any Council discussion?

Mr. Rattner: Yes, this happens to be a residential tax appeal. I know some people think it is only the businesses that can get lucky with a tax appeal but what this is, we are settling with a resident. So it does happen.
President Greenbaum: Under unique circumstances.

Mr. Rattner: Regardless.

President Greenbaum: Okay, any other discussion? Seeing none, Roll Call.

ROLL CALL: Passed Unanimously

President Greenbaum: We have one additional resolution on the Non Consent Resolutions Agenda, which is not on the agenda at this point. It came to Council late in the day and I am going to ask Mr. Perkins to please read Resolution #17 into the record for discussion.

Mr. Perkins: Thank you Mr. President, Resolution of the Township Council of the Township of Mount Olive commending Bridget Geiger on her induction of the Lacrosse Hall of Fame; and Whereas Bridget Geiger is currently serving as member of the faculty of the Mount Olive High School where she serves as Health Physical Education, Drivers Education Teacher as well as, Coach of the Varsity Field Hockey Team and the Varsity Girls Lacrosse; and Whereas Mrs. Geiger has had an outstanding career as an athlete from the time she attended Grammar School, High School and was an outstanding athlete in her College years receiving many Honors including National Tournaments known as U. S. Women’s Lacrosse Player and, indeed, in the early 1980’s served as Varsity Coach at Montclair State University. In addition to her many years as a competing athlete, she has also officiated as designated official in connection with the Lacrosse games played in the Northeast Chapter 2 League and was instrumental in bringing to Mount Olive High School a Women’s Lacrosse Team; and Whereas her outstanding achievements in the field of ladies lacrosse has now been recognized by way of her induction into Lacrosse Hall of Fame on November 20, 2005, during a ceremony at Rutgers University; and Whereas the Township of Mount Olive is proud of all of its citizens who have achieved distinction within their careers as well has Bridget Geiger in the field of Women’s Athletics specifically in the field of Lacrosse but also in Women’s Field Hockey. Now, therefore, be it resolved by the Township Council of the Township of Mount Olive in the County of Morris, in the State of New Jersey, that is wishes to commend Bridget Geiger in her achievements and specifically in her induction in the Year 2005 in to the New Jersey Lacrosse Hall of Fame.

Mr. Guenther: Second.

President Greenbaum: It has been moved and seconded. Anyone from the public who wishes to be heard on this particular resolution? Seeing none, I close it to the public. Any Council comments? Roll Call.

ROLL CALL: Passed Unanimously

President Greenbaum: When this is ultimately presented to her, offer the entire Township Government’s congratulations.

Mr. Perkins: Thank you Mr. President. I will be presenting this too her on Sunday afternoon.

President Greenbaum: Yes, excellent.

Mrs. Labow: Where at Ray?

Mr. Perkins: At the Masonic Lodge.

President Greenbaum: The next item for discussion are Motions. Mr. Perkins, could you please move the Raffle Applications on the amended Agenda please.

MOTIONS

1. Approval of Raffle Application #2112 for the Parents Club Mt. Olive High School and Raffle Application #2113 and #2114 for the Sandshore Home and School Partnership. – R. Perkins

Mr. Perkins: Yes Mr. President, I move for Approval of Raffle Application #2112 for the Parents Club Mt. Olive High School and Raffle Application #2113 and #2114 for the Sandshore Home and School Partnership.

President Greenbaum: Is there a second?

Mr. Guenther: Second.

President Greenbaum: It has been moved and seconded. Any discussion? Roll Call.

Roll Call: Passed Unanimously with the exception, Mrs. Labow Abstained from RA#2112 as she is the President.

President Greenbaum: Mr. Biondi, could you please move the Bill List for approval.

2. Bill List.

Mr. Biondi: Mr. President, I move that the Bill List be approved this evening.

Mrs. Labow: Second.

President Greenbaum: It has been moved and seconded. Any discussion? Roll Call.

ROLL CALL: Passed Unanimously

ADMINISTRATIVE MATTERS

President Greenbaum: Are there any further Administrative matters Mr. Prill?

Mr. Prill: Did you want me to comment on the Old Business item first or...

President Greenbaum: However you want to do it because you have the stage.

OLD BUSINESS

Manor House Road Report on Level of Lake

Mr. Prill: Okay. Well, let me just pass on that for a moment. I would just like to reiterate to Council the Administrations position that the Resolution adopted earlier with regards to one of the Department Heads title position. That it is our position that the Judges decision, Judge Bozonelis’s position in this it is clear in that he is directing that the plaintiff shall continue to serve as both Department Head as well as his Health Officer position. We feel the Council action is contrary to the Judge’s ruling.

President Greenbaum: Thank you very much, next item.

Mr. Prill: The other item I have, just with regards to a request that came from Council concerning the lake level, Budd Lake water level. I have provided Council with a memorandum I hope everybody has had a chance to take a look at that. We are scheduled to have a couple of trappers come in, in mid January...or I am sorry I think it is... at the end of December actually which is the timeframe that they are permitted to put the traps out by the State. We are confident that they will be successful in their efforts to trap the beaver and get rid of them. At the same time they will dismantle the two beaver dams that have been constructed in the outflow area. At that point we will be in a much better position to know whether or not that those dams have in fact been causing a problem with the lake level. Presumably they have and the water level will go down to a level that we have been trying to achieve.

President Greenbaum: Any questions from Council on that?

Mr. Rattner: Yes, with the report and it looks like Tim has been trying to at least effectuate a change however there are a couple concerns that I have. One is the safety factor, that if you go onto the north side of that new bridge, you have a lot of water on the road. Now that it is frozen, people have to drive on the ice and we have to actually consider closing the road. I think the State, and whoever the regulatory agencies are, have to know what these issues are. Also, I have to agree, the lake has been high but not this high for a continued length of time before, not where the water actually goes up to the driveway of Valley National Bank. Number three, with the lake level high, the water has gone into the marina which has a lot of oil and you can see the colors of the different water on the road and in the channel because of stuff that has leaked through. If the State really has a concern about water quality and being the headwaters of the South Branch of the Raritan, which they are concerned about, they would have to look and decide what they are going to do? You put all those things together, I can’t believe whether they are worried about the little beavers or not? Then I am surprised we can trap them and then kill them anyway. We can only do it after a certain date but we have to have some sort of an agreement from the State and press it on down. What do we need for the safety of our people and the protection of the water supply because if there is a water supply problem, then somebody has got to get on the stick and
Mr. Rattner (cont’d): they have to make some sort of decision on it? I appreciate...I mean it looks like there have been a lot of steps going on and I appreciate that but I think we have to push harder to the appropriate places.

President Greenbaum: Thank you. Any other comments?

Mrs. Labow: Under Old Business, just on that one?

President Greenbaum: No, we are just talking with respect to the....

Mrs. Labow: Well, that was under Old Business...

President Greenbaum: Well, I haven’t closed Old Business yet. Colleen do you have any further Old Business?

Mrs. Labow: Yes I do.

President Greenbaum: The floor is yours.

Mrs. Labow: Thank you, I just wanted to ask Mr. Prill for the...for a couple years we talked about getting the sign machine and I see it is on the Bill List. I was just wondering how it is working out. Is it a time saver, a money saver that we anticipated?

Mr. Prill: I don’t have a history on that. I would have to check to see whether or not we have achieved the efficiencies that it was intended to do.

President Greenbaum: Can you ask Mr. Quinn how that is working out and give a brief, a very brief summary from Mr. Quinn at the next meeting?

Mr. Rattner: I think we just bought it Colleen.

Mrs. Labow: Well, I don’t know how we can just pay for it? We have had it for a couple months already.

President Greenbaum: Several other pieces of Old Business. Mr. Prill, can you tell us what the status is of the Old Municipal Building.

Mr. Prill: The contractor was supposed to be in on Saturday to do the asbestos removal. I haven’t heard
whether they made it in, whether the weather might have had any impact on them getting in or not. I will follow up to whether they were indeed in the building. Again, no further update in terms of a specific date, start date for demolition but I will follow up with the contractor.

President Greenbaum: Good, can we also get an update on that at the next meeting please?

Mr. Prill: Sure.

President Greenbaum: Can you give us also an update on where we are in terms of the DPW project. I assume that we awarded the bids, correct?

Mr. Prill: Right.

President Greenbaum: Where are we at, at this point in time?

Mr. Prill: We are still waiting for Suburban Engineering to finalize the execution of the contracts, get the contracts prepared for signature and execution. I spoke with Mr. Hansen last week and was moving on that but I haven’t seen the contract, it is still in the process.

President Greenbaum: When do you foresee site work beginning for preparation of the project?

Mr. Prill: Well, given the weather that we have had, which the cold weather came on a little bit earlier than we had hoped that it would. If this weather continues, it is highly unlikely that we are going to be able to get a shovel into the ground until early spring when the weather does break. If the weather should turn mild, there is an opportunity, there maybe an opportunity for us to get the footings dug and possibly some concrete poured. Right now it is very weather dependant.

President Greenbaum: Okay, and going back to the Old Municipal Building, it is not likely that the building will be razed until January now?

Mr. Prill: The last conversation I had with Lurch Contracting last week, he indicated that with the notice timeframe that he has to provide the Federal Government, he was looking at the early part of January as a most likely start date.

President Greenbaum: Okay, the weather is, I guess is less of a factor, in terms of demolition and then it is in terms of the erecting of a building?

Mr. Prill: He has not indicated that the weather would be a limiting factor for him.

President Greenbaum: Unless, there was some severe weather that was unanticipated. Thank you, plus the asbestos removal, I understand that.

Mrs. Labow: Along the lines of the DPW building. You had asked a few meetings back for a detailed list of what was actually going to be included in the buildings. Did we ever get that? I wanted to know what the buildings consisted of... I have heard rumors that the one building is not going to have any heat and so on and so forth.

Mr. Prill: I believe Mr. Rattner had asked for a break down of the next steps or all the steps that will be taken with regards to that. I have directed Suburban Engineering to provide a breakdown of each of the phases with cost estimates, which is what I believe Mr. Rattner had asked for. I haven’t received that yet. As soon as I have that, I will pass it on to Council.

Mrs. Labow: Thank you.

NEW BUSINESS

President Greenbaum: Thank you. I am also putting on for discussion at the next Workshop, the items related to the files that I have requested previously from the construction office and from the personnel file that I had requested. We will put that on Workshop for next week. Any other Old Business? Any New Business?

Mrs. Labow: It is New Business. It is an announcement. I just wanted to congratulate Jim Buell for becoming officially an EMT but also on State level. He went above and beyond and Mount Olive now has a brand new EMT and thank him for all his dedication, his hard work and drive. I just wanted to remind him that when he gets a call, Jim you can’t ride your bike over, you have to take the car.

Mr. Buell: I tried that already.

Mrs. Labow: He tried it. The bus left without him.

President Greenbaum: I think the bus left without him long ago.

Mr. Guenther: And you have to be on call every Tuesday night here.

President Greenbaum: Jim let me just say on behalf of all of the residents of Mount Olive, what you are doing for the Community through your EMT services, areof the greatest importance and much appreciated. Although we may kid with you, the fact that you are filling a roll which is needed very badly in this town is great, so congratulations.

Mayor De La Roche: Yes, I just wanted to join in on that congratulations. Thank you for his service to the Community.

LEGAL MATTERS

President Greenbaum: Thank you. Any other New Business? Any Legal matters?

Mr. Dorsey: Yes, I should mention to you, I had mentioned before that we were attempting to have the Township of Mount Olive vs. Olympus, Cline Design, Stewart Engineering etc. put into mediation. We finally received conformation that all of the parties, all of the defendants would be willing to enter into mediation on a serious basis. The mediation will be held next Monday, the 19th, before a retired judge, Judge Boyle, at a law office in Union County, the law firm of Lindaberry and Esterbrook. So we are hopeful that some meaningful action comes out of that deliberation.
President Greenbaum: Thank you. Any other Legal matters?

Mr. Dorsey: No.

COUNCIL REPORTS

Library Board Liaison Report

Mrs. Labow: They meet tomorrow night. I am not going to be able to attend. If anybody wants to go over there, I would appreciate it... 7:30.

President Greenbaum: Just so you are aware, Council next year is likely to remove the position of Library Board Liaison. We are going to be expecting a report from the Administration as to the occurrences at the Library Board meetings on a going forward basis.

Recreation Liaison Report

Mr. Biondi: Yes, thank you. As some one that was a member of that commission years ago, I went to two meetings last week and I was suitably impressed as to what I was seeing what was going on over there. They seemed to have their act together. They are doing great things and things that I never thought the Recreation Department would ever do in this town. I want to commend them publicly for that. Also, I went to a meeting on Wednesday the following night, actually Thursday night, where they put together a plan for field usage for the next three years based on the fact that the High School is not going to be available. Between the Recreation Department Jim Lynch and Noreen Risko, they are doing a great job. They ought to be commended, they are doing very well, and Jill Daggon is to be commended on the Recreation. Thank you.

Board of Health Report

Mr. Guenther: We meet tomorrow night.

Planning Board Report

Mrs. Labow: It was a very interesting Planning Board Meeting. We had two major issues that came up.
Number one, well... actually second, it was Marveland Farms came before us again. We are waiting to have a hydrogeologist’s report and that will not be coming forward until some time in January early January, Maser’s firm is going to be doing that report. First we have to get the cost in. The applicant agreed to pay for the cost of the report and once they get the report they will make a decision on whether they want to move forward on a zoning change in that area.

President Greenbaum: That report going to answer the two key questions. Number one, whether or not the water recharge will actually be improved as the potential applicant has suggested to the Planning Board and whether or not the actual runoff from the property will be improved, stormwater run off and also the wastewater treatment runoff will improve the water quality in the area.

Mrs. Labow: Those were the key things. My understanding is that they will address those issues but the other issue that they are going to address, which of another importance to the Board as well as the residents and the MCMUA, is how this will effect the aquifer and the wells in that whole entire area. They did have a chart that showed where all the wells are. They actually surround the area from where the development is actually going to go but of course the aquifer is completely underneath there. That is going to be the main thing that they are going to be looking at.

President Greenbaum: Well, the applicant has actually indicated, from what I have seen, that the recharge of the aquifer will actually be improved. Maser is an independent, not connected to the applicant and was chosen by the Township to address that issue.

Mrs. Labow: By the Planning Board, exactly. The other thing that they addressed is south of the Mountainview School, there are wetlands and it is Drake Brook there as well and a lot of the residents were concerned that if this were to move forward, which we are talking a couple of years from now, if the correction of the Rosewood Ditch would it, in fact, increase the water in their area and then they would have the situation that the residents on Knollwood Avenue have. This applicant came forward with a plan to rectify that where they would actually have a diversion. They are going to put in a thing, it’s to correct how they are going to do it. It is going to be some sort of a wall where once the level of the water got to a certain level it would divert through their property and it would go underground through pipes and then empty out into Drake Brook so there would not be any Mrs. Labow (cont’d): additional flooding south of Mountainview School into Drake Brook and that is already a wetlands area. Everybody seemed to be very much in favor of that so they have gone beyond and beyond to try to rectify all the problems.

President Greenbaum: I think we need to see, ultimately, what the hydrogeologist’s report says and if it is in any way, if their recommendations are inaccurate in term of both the usage of the aquifer the recharge and also the quality of the stormwater and the wastewater management outflow, then…

Mrs. Labow: Glen Schweitzer, he was here, which is very nice. I mean they are taking an active interest in, the County actually showing up for the meetings and seeing all the evidence presented. He didn’t make any comments but it is nice that they are in person.

Mr. Guenther: It is my understanding that the hydrogeologist will look at nothing more than what the applicant presented, that there will be no original field work done.

Mrs. Labow: Who told you that?

Mr. Guenther: I learned that from what was it, the meeting we had the other day that we had. Didn’t you say that Steve? Who said that at the meeting we had, yesterday’s meeting with Netcong.

Mr. Rattner: I don’t know, I don’t remember, I don’t remember that.

President Greenbaum: You know Bernie it is a very interesting point and a valid point, and the bottom line is that the Planning Board in this exercise really has no power other than the authority to recommend to the Council as to whether or not this is a valid zone change option. Ultimately, when the development comes back to the Planning Board if it is recommended, then the jurisdiction, one the Planning Board would take effect in terms of actual application, in terms of your concerns with respect to whether or not actual field work needs to be done, that is something we may need to address at the Council level before, if it ever gets back to us on recommendation that we may need to address and resolve at the Council level before we ever take the action of changing the zoning.

Mrs. Labow: I would like to ask Mr. Prill if he could get a copy of the proposal that Maser submitted for the applicant to review and see if they would be willing to go forward with the $1,500.00 cost because that will tell us what exactly the proposal contained and what work will be done. That will settle that, right Rob?

Mr. Greenbaum: It is not a question of settling, if ultimately we are not all satisfied...

Mrs. Labow: Well, I mean we will know exactly what they are going to be asking for. If we think more should be done, we could ask for it before it is done.

President Greenbaum: That’s fine. What other issues were addressed at the Planning Board?

Mrs. Labow: The very, very interesting part of the whole thing, a few weeks ago Toll Brothers came before the Planning Board and they wanted to get a one year extension for their Morris Hunt development. I was very concerned about not having Mr. Buzak because he was handling the litigation on the Morris Chase situation and we have a lot of new board members. A lot of the people don’t know the whole history and our Planning Board attorney, Mr. Thomas, he is a fine attorney, but he has not been there for all the details so we tabled it at that time, re-scheduled it, and asked Mr. Buzak to come in. We had Mr. Buzak as well as Mr. Thomas present and Toll Brothers brought two attorneys. They figured they would even the score. The situation they had here is, the wells are on the Morris Hunt property, the tank is on municipal property and the water treatment plant is on Morris Chase property. The big question we had was, if Morris Chase, if we win in court and Morris Chase goes away, how are they going to build their water treatment facility, because they are a Highlands exemption, everything will go out the window. They were not concerned with it, they felt that whether we gave them the extension or not on the Morris Hunt, they were still going to continue to build. A big issue, a big cause for concern came when Mr. Buzak pointed out that the Township granted those permits for 23 temporary wells. That never came before the Planning Board. Those 23 temporary wells are supposed to be tied into the water treatment plant when it comes about. Right now, they are going to move forward and continue to build. They don’t have any water except for the 23 temporary, until this court case with Morris Chase is settled they cannot do their water treatment but supposedly, they are going to continue and move forward.

President Greenbaum: My recollection is that any additional wells dropped on their property would require substantial DEP involvement and submissions. That is why the number was limited to 23. The argument with respect to the final extension from Morris Hunt’s point of view was that all that the extension to the final President Greenbaum (cont’d): approval did was to protect them from zone changes. Other than that, it would not stop them from building under their approvals.

Mrs. Labow: That’s correct.

President Greenbaum: Any other comments or questions? Anything further on the Planning Board Report?

Mrs. Labow: No, that was it...that was the last meeting of the year we canceled the 15th. Thursday we had no applicants and the next meeting will be in January.

Board of Adjustment Liaison Report

Mr. Perkins: Thank you, Mr. President. A Special Public Meeting was held last Monday for the specific reason of hearing the Rose House application up in Country Club Estates and the Board passed it. They gave them the variance. They will now have two principal structures on one primary lot and that was it, Mr. President.

Open Space Committee Report

Mr. Guenther: There has been no meeting. There are ongoing negotiations on several properties.

Legislative Committee Report

Mr. Biondi: Nothing to report.

Pride Committee Liaison Report

Mr. Perkins: Yes, Mr. President. Next Tuesday will be the last Pride Meeting for the year they are finalizing up all the decorations that are up for this year and they will be getting their budget presentation together.

Board of Education Liaison Report

Mr. Buell: They met two Mondays ago. I was only able to be there for half of the meeting. Basically, the first part of the meeting was about the construction of the new High School and, in essence, they are ahead of schedule on the classroom sections and they are behind schedule on the building of the auditorium. I also understand they talked about class ranking in the balance of the meeting. Unfortunately, I was at a meeting, the press conference over at Netcong.

President Greenbaum: I believe they are going to a four point grading system on a going forward basis.

Mr. Buell: Yes.

Mrs. Labow: I just wanted to add something as far as the Board of Education I thought was very interesting. I got a call from Mr. Stanberry’s secretary today. It turns out that each one of the schools, what they are doing is an individual budget process. They are asking for representatives, a parent from the public to sit in on the preliminaries and I guess it is a rather lengthy process. I was contacted today and was asked if I would please be on that committee and I very graciously said yes. The first meeting is going to be Thursday morning and I think it is going to be very interesting to see how the Board of Education Budget begins right at the School level. I think that is a really great idea for community involvement with all of the schools having parents involved.

Lake/Environment Issues Committee

Mr. Rattner: The only thing Mr. President, the quarterly meeting of the Lake Association, as they are affectionately known. The meeting was last Thursday and they did ask for just an update, or just some information. One was that the Dock Ordinance that went into effect last year and just wanted to know if there has been any issue, when we were looking at it with that had to do with taking temporary docks out. If they are left in the water, they have to have reflectors, that type of thing. It is a relatively new process so just how it is working they are looking at doing revisions so they need to know if there has been any issue on it. Number two was when they had the last lake clean up, there was so much debris at the shore across from Canfield Street that they decided not to try doing that clean up. They believe there were probably 20 to 30 bags of garbage old food, beer cans stuff like that from people down there. They don’t have any answers. They realize you can’t just put a cop up there. It is probably from the fishermen and a number of beer cans, probably it is a great place to meet at night. Just so you know, things need to be done. Maybe more signs, maybe some garbage cans. I think Tim is Mr. Rattner (cont’d): aware of it because I think they have contacted him. So they are just looking for some ideas, they are trying to come up with some ideas, and it was just a mess according to them. The last thing, was looking at it and as it was related to the bridge that it appears that Doc’s Marina’s slips have been extended and actually go in front of the bridge. It actually goes the length of his property now, makes a right turn or going North and just goes in front where the bridge is. I guess the question came up, was it just a replacement, when they dug around it and just made it look differently or did he somehow convince him to extend it. It looks like that the outside had been extended beyond his property. Just asking for something in there. They are not really sure. You know when you build something as big as that bridge and the job they have done, it could be the same docks but it looks like it is in a different spot.

President Greenbaum: Can we get something from the Administration on that?

Mr. Labow: Could we have a status on Doc’s Marina too and the clean up for that. They are before court and everything else, for the clean up over there what the status is?

Safety Committee Liaison

Mr. Guenther: There was a meeting, I think they met a little while back, strictly to consider the budget for next year, but as far as other issues, there has been no other meeting.

Finance Committee Report

Mr. Rattner: Nothing to report.

Economic Development Committee Report
Mr. Rattner: Nothing to report.

PUBLIC PORTION

President Greenbaum: At this point, I will open it up to the public anyone who wishes to be heard. Seeing no one, I am sorry. Ned, why don’t you come up and state your name and address for the record.

Ned McDonald, Budd Lake: First thing is on the Bill List page 7, there is about a $5,000. expense for replacement shotguns. I am wondering if these are indeed replacements, what happened to the old ones? Were we able to sell those to get reimbursement or were they traded in or something like that?

President Greenbaum: Chief do you want to answer that? If you would come up to the microphone please..... each Council member got their own.

Chief Katona: Some got two. No, as you may recall from last year’s capital budget, we are replacing the old, the probably 15-20 year old pump action shotguns with newer models. Those shotguns, some are being traded in and others are being retained as spares for training as needed. There were only six shotguns that were purchased. We are not talking about 20 or 30 of them.

President Greenbaum: Thank you anything else Mr. McDonald?

Mr. McDonald: Yes, a follow up discussion last week about the pavilion. I am just wondering if the new pavilion has been ordered? Is it going to ordered as an octagon or rectangular? The reason I am asking is because I thought this was resolved months back but it sort of came back at a last minute surprise. I am just trying to keep more on top of it this time.

Mr. Prill: As of today, no order has been placed for the pavilion.

Mr. McDonald: Is it anticipated that one will be placed in the near future, or where are we going with that?

Mr. Prill: In order for the project to stay on schedule, an order will have to be placed fairly soon given the lead time that is necessary for a pavilion to be delivered and installed by the contractor in the spring.

Mr. McDonald: If you are planning on ordering, is it going to be rectangular or an octagonal?

Mr. Prill: Based on the directions that were given at this last meeting, at this point in time there has been no change to that.

Mr. McDonald: No change meaning, octagonal, or rectangular?
Mr. Prill: Based on the direction given at the last meeting.

Mr. McDonald: And the direction was?

Mr. Prill: The direction, the Council had indicated that they were pursuing an octagonal shape.

Mr. McDonald: Thank you.

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

COUNCIL COMMENTS

President Greenbaum: Mayor, anything this evening?

Mayor De La Roche: I would like to make a clarification of the override of the veto. The resolution indicates that the Superior Court and that...let me read this. “The Health Officer pursuant to litigation instituted by him in a Superior Court and resolved in his favor over the opposition of the Mayor.” That is incorrect, the decision came down in favor of the Mayor. It said that he could be replaced with the advice and consent of the Council but that he could be replaced and that the Mayor had every right to remove him but that he would remain there until he had the advice and consent of the Council to replace him. Also, the decision is pretty clear that that the decision...let me read from it. “The Mayor of Mount Olive may seek to replace the plaintiff as the Head of the Mount Olive Department of Health and Senior Services without the approval of the Mount Olive Township Council and the Mayor alone may nominate a replacement department head. Any appointment by the Mayor of the replacement of Department Head for the Department of Health and Senior Services shall be effective only upon the obtaining of advice and consent of the Mount Olive Township Council. Plaintiff shall continue to serve as the Head of the Department of Health and Senior Services until as such time as successor department head shall be nominated by the Mayor and qualified by the advice and consent of the Township Council. The Township shall pay plaintiff his current salary as reflected in the Townships 2004 salary ordinance which designates him a Department Head of the Senior Services and all current benefits without reduction and shall remain and continue to receive such salary and benefits together with an increase thereto as may be reflected to subsequent salary ordinances until such time as a successor as a Department Head shall be qualified. At such time a successor of a Department Head shall be qualified Frank P. Wilpert shall no longer serve as a Department Head but he shall remain and continue to serve as a tenured Health Officer for the Township of Mount Olive for which he shall receive his then current salary and benefits which shall be paid to him in accordance with any and all statues applicable to his tenured position.” The Mayor’s office never attempted to remove Mr. Wilpert as a Health Officer; it was solely as a Department Head of Senior Services Health and Senior Services. This resolution misstates the facts and I just want to clarify it for the record.

President Greenbaum: Thank you very much. Does that conclude your comments, Mayor?

Mayor De La Roche: Yes.

President Greenbaum: Mr. Prill do you have anything you want to add this evening?

Mr. Prill: No, I have nothing.

Mr. Buell: None.

Mrs. Labow: No.

Mr. Biondi: Nothing.

Mr. Guenther: Maybe I should have brought this up under New Business but the water tower in Camelot Acres is up on Camelot Drive. Maybe someone else can remember. Is that scheduled for painting within the next year?

President Greenbaum: Bids went out and bids were received and they are under consideration at this point in time from my understanding.

Mr. Guenther: Yes, because it really looks horrid from the outside. That was my recollection, that we were moving in that direction but I wasn’t sure.

President Greenbaum: I know that the bids were received and I don’t think that a decision was made to award the bid currently, but that is forthcoming. Is that correct Mr. Prill?

Mr. Prill: Yes, that is scheduled for a spring project.

Mr. Guenther: Okay, I had a client I was out with and he was looking at it and said, that looks pretty bad. I said I think it is being scheduled for painting. I just want to be sure of my facts, thank you.

President Greenbaum: I think what we are going to do actually is paint some of the Sesame Street....Welcome to Mount Olive, anything else, Mr. Guenther?

Mr. Guenther: No, that’s it.

Mr. Rattner: I have no comments.

Mr. Perkins: Nothing.

President Greenbaum: Nothing for me either, motion to adjourn.

ADJOURNMENT

Motion was made and seconded, all in favor and none opposed, the meeting was adjourned at 8:51 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 January 10, 2006.

_________________________________
Lisa M. Lashway, Township Clerk

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