Mt. Olive Township Council Minutes
December 27, 2005


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

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. Perkins,
Mr. Rattner, President Greenbaum

Absent: None

ALSO PRESENT: Mayor De La Roche; Rick Prill, Business Administrator; John Dorsey,
Township Attorney; Sherry Jenkins, CFO; Lisa Lashway, Township Clerk

Presentation to Bernie Guenther

President Greenbaum: Before we do a presentation to Councilman Guenther, I would just like to recognize that today in the audience we have John Mania. We recently received a memo from the Mayor indicating that the Mayor was not re-appointing John to the Planning Board. John has consecutively served, I believe, 25 years on the Planning Board. John, if I had known you were going to be here tonight I would have gotten a plaque for you as well and would invite you back during the beginning of next year to be formally recognized by this Council for your service to Mount Olive Township. Personally, I think it is a great disservice to the town that your tenure on the Planning Board is ending and I would ask that the Mayor reconsider his decision in terms of not re-appointing you to the Planning Board because I think you have been a valued member and I am sure all of us here would like to see you back on the Planning Board if at all possible and I would ask all the other Council members to please stand with me for John, for his 25 years.
Thank you. Mr. Guenther, it’s been a very interesting and very educational experience for me to serve with you on the Council. My first introduction to Mount Olive politics obviously was when I ran against you for Council and you kicked my butt. Since that time you have become a close friend of mine and personally and I am sure I speak on behalf the entire Council that we are all very dismayed that you decided to end your service with Mount Olive Township. You brought a lot to the Council that no one will be able to replace, there were times when it was confrontational, and I remember several comments about my friend from the valley. It always was discussion for the betterment of Mount Olive and I think every time that you took a position, it was always for the betterment of Mount Olive. From your early days fighting the incinerator through your service with the Board of Health and all the other Boards, through your tenure on Council, you have been an exceptional asset to the Township of Mount Olive. In recognition of that fact, the Council bestows upon you this plague which reads, Presented to Councilman Bernhard Guenther in appreciation of your past service to Mount Olive Township and that it to be inclusive of all of the different aspects in terms of your service, January 2000 through December 2005 as a Councilman, from the Mount Olive Township Council. It would be my great honor to present this to you at this time, to give you the microphone so you can have your last parting remarks.

Mr. Guenther: Thanks, Rob I really appreciate this, especially, this is I think one of the few times they actually spelled my name right. No, I am just kidding, there were a few times that the H was left out of the Bernhard but that is understandable. I enjoyed working with this Council, I think we had a good working relationship. Of course, John is relatively new, Colleen, Jim, Steve, Ray, and Rob. I have also learned a lot. I always took my time on the Council, its not just giving to the Township. I always felt I learned something new every time and I believe I did. The decision that I made was really based on one for my family and the fact that I did not think that it was fair to the Township to vote for me when I knew in my heart I wouldn’t serve another four years. That is not fair to the citizens of the Town. If they vote for somebody, they expect them to be there for four years. I will still be around. I would be glad to serve on a few things but I would really need a little more time for my business. Again, thank you for the fellowship and the ability to serve.

 

 

Mayor De La Roche: I just wanted to add to those remarks, that it has been a pleasure for me to be working with Bernie. He has always been a worthy adversary in many cases when we were adversaries and a good working partner when we worked together. He calls them the way he sees them and I respect that in any human being. I wish him nothing but the best and it has been a pleasure working with him and once again, on behalf of the Township I want to thank you for your years of service and your loyalty to the Township.

Mr. Guenther: Thank you Mayor.

Mrs. Labow: I just want to give special thanks to Bernie Guenther, and there are some people who would look at this as not a really great thing, but if it wasn’t for Bernie, I would never have gotten involved in politics at all.

President Greenbaum: Bernie how many times have we talked about that? You’re the one that’s responsible.

Mrs. Labow: Bernie is the one that baptized me, how many years ago, 2000 and it was an honor to help Bernie win his campaign way back against Mr. Greenbaum. Actually, it was not, it was against Lew Candura I want to thank you Bernie. It’s been a very pleasurable experience, and all of your advice and all of your knowledge is greatly appreciated.

Mr. Guenther: Thank you Colleen, thank you.

President Greenbaum: Moving on with the Agenda, approval of Minutes from previous meetings.

APPROVAL OF MINUTES OF PREVIOUS MEETINGS

Dec. 6, 2005 CS
Present: Mr. Greenbaum, Mr. Perkins, Mr. Rattner, Mr. Biondi, Mrs. Labow, Mr. Buell
Absent: Mr. Guenther

Dec. 6, 2005
Present: Mr. Buell, Mrs. Labow, Mr. Biondi, Mr. Rattner, Mr. Perkins, Mr. Greenbaum
Absent: Mr. Guenther

Dec. 13, 2005 CS
Present: Mr. Greenbaum, Mr. Rattner, Mr. Biondi, Mrs. Labow, Mr. Buell, Mr. Guenther,
Mr. Perkins (recused from MOTPEA discussion)
Absent: None

Dec. 20, 2005 CS
Present: Mr. Greenbaum, Mr. Rattner, Mr. Biondi, Mrs. Labow, Mr. Buell, Mr. Guenther
Absent: Mr. Perkins

Mr. Guenther: I move for approval of Minutes of December 6, 2005 CS, December 13, 2005 CS,
December 20, 2005 CS.

Mr. Rattner: Second.

President Greenbaum: Moved and seconded. Any discussion, deletions, or additions? Roll Call.

Mrs. Lashway: Just a clarification, the second December 6, 2005 was a special Public Meeting.

Mr. Guenther: Was a special...alright, okay.

ROLL CALL: Passed Unanimously with the exceptions:
Mr. Guenther, Abstained on December 6, 2005 and the Executive Session
Mr. Perkins, Abstained on December 13, 2005 CS, and December 20, 2005 CS

 

 

 

Questions on Bill List?

President Greenbaum: At this point, I would invite any Council members who had questions on the Bill List to raise those questions for the Administration so that we can get answers during the course of the meeting for discussion at the end of the meeting.

Mrs. Labow: Thank you, on page 5, I just wanted to know for the second section down the $9,000.00 grant, it said it was return of unused grant fund. Do you know what that was for? I will ask Sherry, I am sure she will tell me later.

Mr. Rattner: We got a memo on that I believe.

Mrs. Labow: I think we did, I just wanted to double check.

President Greenbaum: Were there any other questions?

Mrs. Labow: Yes. Page 7, actually it was for you Mr. Prill, the $369.61 reimbursement for training conferences and so on and so forth. I was just questioning why yours was so much higher than everybody elses was, I don’t know if you had to attend special classes or special training or...

Mr. Prill: No, most of that was mileage reimbursement in addition to the League of Municipalities Conference.

Mrs. Labow: Okay, that is just what I wanted to know, and the last....

Mr. Rattner: And the agreement made with him for a cell phone.

Mr. Prill: Yes, that was there.

Mrs. Labow: Oh, that’s right, okay. The next thing was page 10, this is actually, probably Chief Katona could answer this I think? Why did we spend $853.70 on armory evidence room locks, did we not have locks before, or do we have to have special locks?

President Greenbaum: They broke is the answer.

Mrs. Labow: Thank you, that’s it.

President Greenbaum: Anyone else with questions on the Bill List? Seeing none, we will move on. At this point, we are up to Correspondence. There are 15 letters of Correspondence on Amended Agenda. Does anyone wish to discuss any particular piece of Correspondence?

CORRESPONDENCE

LETTERS FROM RESIDENTS/ORGANIZATIONS

1. E-mail received December 12, 2005, from Robert Rudolph, Flanders, regarding parking restrictions on Theresa Drive.

2. E-mail received December 13, 2005, from Joel and Kim Slade, Flanders, regarding parking restrictions on Theresa Drive.

3. E-mail received December 14, 2005, from Robert Rudolph regarding the Council’s decision not to pass Ordinance regarding parking restrictions on Theresa Drive.

4. Letter received December 19, 2005, from Mount Olive Public Library regarding handicapped parking.

RESOLUTIONS, ORDINANCES, CORRESPONDENCE FROM OTHER TOWNS

5. Resolution received December 13, 2005, from the Borough of Rockaway regarding greater competition for Cable Television service.

 

6. Resolution received December 16, 2005, from the Borough of Madison regarding support of greater competition for Cable Service.

7. Resolution received December 19, 2005, from Rockaway Township regarding New Jersey Senior Tax Freeze Protection Act, to increase the income eligibility limitations to the median regional income limits as established by the Council on Affordable Housing.

8. Resolution received December 21, 2005, from the Borough of Lincoln Park regarding funding of State Homeland Security Grants.

MUA/MSA

9. Letter received December 15, 2005, from the Morris County Municipal Utilities Authority regarding Marveland Farms.

10. Letter received December 16, 2005, from the Hackettstown Municipal Utilities Authority regarding proposed amendment to various Areawide Quality Management Plans.

DOT/DEP

11. Letter received December 12, 2005, from the State of New Jersey, Department of Environmental Protection regarding Compliance Evaluation and Assistance Inspection – Wyndham Pointe.

12. Letter received December 19, 2005, from New Jersey Transit Corporation regarding Fiscal Year 2006 Request for Federal Financial Assistance.

COAH

13. Newsletter received December 21, 2005, from Council on Affordable Housing regarding Rule amendments, Meeting Calendar, COAH Planning Assignments, and Petition requirements.

MISCELLANEOUS

14. Letter received December 16, 2005, from Rand Homes at Rockaway regarding Block 2906, Lot 2 (Owner: David Phillips, 60 Third Street).

DCA

15. E-mail received December 12, 2005, from State of NJ, DCA regarding Government Connect update on Play to Play, COAH Petition Requirements, CY 2006 Budget forms, FEMA, PEOSHA, Linking Government Technology, Purchasing Agent information, 2006 Budget Cap cost of living adjustment.

Mr. Guenther: It is on Correspondence in general, it is just that this is my last meeting. Lisa, did you ever receive a response from Assemblyman Gregg’s office on the letter that Lee Mund and I wrote them about the traffic situations on Route 46 and 206?

Mrs. Lashway: No.

Mr. Guenther: No official response.

President Greenbaum: I will put it under Old Business and I will raise it again.

Mr. Guenther: Okay.

President Greenbaum: I will put it on as a continuing item of Old Business.

Mr. Guenther: Maybe John...

Mr. Biondi: Give me a copy of that. I will follow that up.

Mr. Guenther: I mean he did tell me verbally that he did see it. I just wanted...

Mr. Biondi: Last week he said that.

Mr. Guenther: Yes, after 3 drinks, that’s okay.

Mr. Biondi: He’s entitled.

ORDINANCES FOR PUBLIC HEARING

President Greenbaum: Okay, any other particular piece of correspondence? Seeing none, we will move on. Tonight we have one Ordinance for public hearing it 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: At this point in time I will open it up to anyone in the audience who wishes to be heard on Ordinance #59-2005. Seeing none, I close it to the public. I would ask Mr. Guenther to please move Ordinance #59-2005 for approval.

Mr. Guenther: I move for adoption and final passage of Ordinance #59-2005.

Mrs. Labow: Second.

President Greenbaum: Any Council discussion? Seeing none, Roll Call.

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

President Greenbaum: Ordinance #59-2005 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 – (none)

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 the Release of Performance Guarantees Posted by Burger-N-Brew, Inc.

2. Resolution of the Township Council of the Township of Mount Olive Authorizing a Settlement of the Tax Appeal Filed by Benjamin Moore Covering Lot 9, Block 6800, 316 Route 206 for the Year 2005.

3. Resolution of the Township Council of the Township of Mount Olive Approving a Settlement of the Tax Appeal Brought by United Parcel Service Covering Lot 18, Block 102, 303 Waterloo Valley Road for the Year 2005.

4. Resolution of the Township Council of the Township of Mount Olive Authorizing a Settlement of the 2005 Tax Appeal Brought by Armstrong Sutton Plaza Covering Lot 2, Block 6100 for the Year 2005.

5. Resolution of the Township Council of the Township of Mount Olive Authorizing a Settlement of the Tax Appeal Filed by Mount Olive Industrial Realty for the year 2005 Covering Lot 1, Block 107.

6. Resolution of the Township Council of the Township of Mount Olive Authorizing a Settlement of the Tax Appeal Filed by Eden Park LLC for the Year 2005 Covering Block 4500, Lots 35 and 36.

7. Resolution of the Township Council of the Township of Mount Olive Authorizing the Release of Certain Performance Guarantees Posted by AOR Holdings, Inc.

8. Resolution of the Township Council of the Township of Mount Olive Regarding Maintenance Violation on Number 61 Crenshaw Drive, Lot 29 Block 5410.

9. Resolution of the Township Council of the Township of Mount Olive Authorizing an Investigation of the Building Department Relative to the Construction of the Best Western Hotel on Route 46.

10. Resolution of the Township Council of the Township of Mount Olive Relative to the Replacement of Mailboxes.

11. Resolution of the Township Council of the Township of Mount Olive Authorizing a Resolution of the Turkey Brook Litigation. – Revised 12/27/05

12. Resolution of the Township Council of the Township of Mount Olive Authorizing and Supporting, as a Co-Permittee, a Septic Application for Lot 7 Block 8200 for Submission to NJDEP.

13. Resolution of the Township Council of the Township of Mount Olive Re: BASF Assessment for the Year 2006.

14. Resolution of the Township Council of the Township of Mount Olive Authorizing the Execution of a Developer’s Agreement Between the Township and Stanley Karczynski.

15. Resolution of the Township Council of the Township of Mount Olive Authorizing the Cancellation of the Reserve for Master Plan Revision.

16. Resolution of the Township of Mount Olive Authorizing the Cancellation of 2005 Appropriations in the Current Fund.

17. Resolution of the Township of Mount Olive Authorizing the Cancellation of a General Capital Ordinance Balance.

18. Resolution of the Township of Mount Olive Authorizing the Cancellation of 2005 Appropriations in the Recreation Utility Fund.

19. Resolution of the Township of Mount Olive Authorizing the Cancellation of 2005 Appropriations in the Sewer Utility Fund.

20. Resolution of the Township of Mount Olive Authorizing the Cancellation of 2005 Sanitation District Budget Balances.

21. Resolution of the Township of Mount Olive Authorizing the Cancellation of Various Water Operating Budget Balances for 2005.

22. Resolution of the Township Council of the Township of Mount Olive Endorsing the Use of the Municipal Parking Lot for an Event for the Mount Olive Township Historical Society.

23. Resolution of the Township of Mount Olive Authorizing the Cancellation of a Sewer Capital Ordinance Balance.

24. 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 ($19,213.11) for Drunk Driving Enforcement Fund.

25. Resolution of the Township Council of the Township of Mount Olive Authorizing a Second Amendment to Fleet Management and Maintenance Contract between the Township of Mount Olive, New Jersey and First Vehicle Services, Inc.

26. Resolution of the Township Council of the Township of Mount Olive Authorizing a settlement of the Tax Appeal Filed by the Village Green Annex, Lot 4 Block 102 for the years 2005 and 2006.

President Greenbaum: Does anyone wish to have any of the Resolutions moved off of the Consent Resolutions Agenda? I am going to remove #11. Are there any others?

Mrs. Labow: Some of the ones I want removed are just for clarification, should I speak to them now, or remove them, and we will talk about them later, briefly. What do you think?

President Greenbaum: I think you should raise the issues that you have now. If they can be resolved, I would rather leave them on.

Mrs. Labow: Okay, #2 is the Resolution of the Township Council for the Benjamin Moore....

President Greenbaum: Yes.

Mrs. Labow: Okay, in the one part where it says, Section #2 under the third Whereas, it says that it will be...2006 tax assessment which has not yet been placed on books but will be placed on the books very shortly. I just have an issue with the very shortly. Shouldn’t we be a little bit more professional and put a date, like if it has to be on by December 31st? I think very shortly is...

Mr. Dorsey: It is fine by me if you insert December 31st.

President Greenbaum: Do you know that is the date it is going to be put on by then?

Mr. Dorsey: Actually, I think it is probably on already because I think the records have to be in to the Tax Board.

Mrs. Labow: I am just thinking about the future. Anybody goes back to look at this, very shortly isn’t very specific.

President Greenbaum: Yes, I don’t know that it really makes a difference in the scheme of things, I understand your point. Without having an actual date, I don’t want to...I don’t really want to modify it without Jack being here and would rather pass the resolution but it is a valid point.

Mrs. Labow: Okay, the next thing is Resolution #4, the one for the Armstrong Sutton Plaza actually. I just have a question basically about that. My understanding is that they have not been paying their taxes and we did a settlement with them. Have they paid their taxes, is it going to be credited, how is this going to work?

Mr. Dorsey: I can’t imagine that they haven’t paid their taxes but the problem is they are not going to get refunded taxes that they haven’t paid.

Mrs. Labow: You know Sutton Armstrong, Sutton Plaza, Sherry.

Mrs. Jenkins: I don’t know.

Mrs. Labow: Do we want to pull this until we get this clarified?

President Greenbaum: No. No but the bottom line is that nobody is...we are going to collect what is due us, irrespective of whether or not we settle the tax appeal.

Mrs. Labow: The other thing, I don’t know if Steve was going to pull this off or not, the Eden Park did we....

President Greenbaum: It has been resolved by way of memo.

Mrs. Labow: That is what I thought when I read that. Number 9 the Best Western Hotel. My question on that was, I wanted to know if we ever got a copy of the Developers Agreement are we going to go forward with that and find out all the particulars of what is going on.

President Greenbaum: No, that is a separate issue. We never did get a copy of the Developers Agreement. It is not related to the investigation into the issue, it is a separate matter which I will again list for discussion. Put that down for Old Business whether or not we need to modify the developer’s agreement in light of changes that were made at the site.

Mrs. Labow: Number 10, the resolution with the mailboxes. Can we pull this? I want to do further discussion on it as far as...

President Greenbaum: Pull 10.

Mrs. Labow: Thank you, #13, again, it says very quickly in the first paragraph and I just wanted to know if there would be a date, we don’t have a date for that one either.

Mr. Dorsey: I think he is in the process of doing it right now. It is Jack Marchione, the Assessor who particularly wanted this resolution. I think he is now in discussions and negotiations with the County Tax Board.

Mrs. Labow: It has to be done by the end of the year.

Mr. Dorsey: What has to be done, this resolution should be adopted tonight.

President Greenbaum: It will be adopted tonight; again, in the future we change it to reflect...

Mrs. Labow: For the Master Plan, we are giving back the $11,342.61 balance. Since we have to redo parts of the Master Plan this year because of the Highlands, do we want to close this account out, and start over?

President Greenbaum: Yes. Sherry, you have to come up to the microphone. It’s not actually giving it back.

Mrs. Labow: Yes, I know we have to put it back in surplus and then we have to take it back out again.

President Greenbaum: Right, it is more of an accounting function than anything else.

Mrs. Labow: Okay, that answers that question. That’s it.

Mr. Guenther: I would like to take # 10 off and #13; I do have some questions about #13.

President Greenbaum: Okay, #10 is off, #11 is off, and #13 is off right now.

Mr. Rattner: I just want to thank the CFO for going through all the accounts. A good portion of our resolutions tonight are cancellations of 2005 appropriations. That is going to help us in our budget because if we cancel them in the year we can put it in surplus so we can use it in 2006. If we waited until the next meeting, we have to wait until 2007. That was good that you spent the extra time to make sure we have as much flexibility as we possibly can.

Mr. Buell: Just #1, just a question. Does this mean that Burger & Brew is not moving on to build on 206 I believe.

Mrs. Lashway: They are finished. It is now called the Metro Grill.

Mr. Perkins: It’s called the Metro Grill, Burger and Brew is just a corporate name.

Mr. Buell: Okay.

President Greenbaum: Is that it?

Mr. Buell: That’s it.

President Greenbaum: Mr. Guenther could you please move the Consent Resolutions Agenda which is now #1-9, #12, and #14-26.

Mr. Guenther: I hereby move for the passage of Consent Resolutions #1-9, #12, and #14-26.

Mr. Rattner: Second.

President Greenbaum: It has been moved and seconded. Is there anyone from public who wishes to be heard on any of resolutions which remain on the Consent Resolutions Agenda? Seeing none, I close it to the public. Is there any Council member who wishes to discuss or briefly clarify anything which is left? Seeing none, Roll Call.

ROLL CALL: Passed Unanimously

President Greenbaum: Okay, #10 Resolution of the Township Council of the Township of Mount Olive Relative to the Replacement of Mailboxes. Mr. Guenther, could you please move that.

10. Resolution of the Township Council of the Township of Mount Olive Relative to the Replacement of Mailboxes.

Mr. Guenther: Okay, I hereby move for passage of Resolution #10 regarding the placement of mailboxes.

Mrs. Labow: 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, Mr. Guenther.

Mr. Guenther: I just, the figure $50.00 I threw out the last time was very arbitrary and I really feel it is low based on what I know of replacing a mailbox. I would like to amend that to $75.00.

President Greenbaum: The question was raised as to whether that is a number which we are simply just going to cut a check for or whether or not that is a number which we are going to also supply labor towards in terms of replacement.

Mr. Guenther: Can we supply the product and the labor for $75.00? I am not sure we can.

President Greenbaum: Well, the labor would be the employees of the Township. Mr. Prill did you have something to add on that?

Mr. Prill: Tim Quinn indicated that if you go with a very basic inexpensive plastic mailbox, metal pole and a couple guys out there for however long it takes them, 15, 20, 30 minutes, $50.00 plus or minus works. $75.00 should cover it, in most instances, with just very basic material and a couple guys.

Mr. Guenther: They replaced mine like that last year. They just replaced the box not the post. It was a very simple metal mailbox.

Mr. Prill: Okay.

Mr. Biondi: I made a pole, they were there in three days, and it was done and it is fine. If anybody wants anything more than that, they should pay the difference.

President Greenbaum: The motion has been to amend the resolution to reflect $75.00 and that has been seconded by Mrs. Labow, correct? Can I have a Roll Call on the amendment please?

Mr. Biondi: Can I clarify something?

President Greenbaum: No not yet.

Mr. Biondi: Thank you.

President Greenbaum: Roll Call on the amendment.

ROLL CALL: Passed Unanimously with the exception, Mr. Rattner, Mr. Biondi, Mr. Perkins, and
President Greenbaum voted No.

President Greenbaum: It is still at $50.00. The resolution has already been moved, the resolution was moved and seconded, and then there was a motion to amend so the motion is dead and we are back to the original resolution.

Mr. Biondi: My feeling might be that if it were just the box that needed to be replaced, $50.00 would probably cover it. If it is the box and the post, you could probably add the extra $25.00. I think that is something that should be up to Tim Quinn at this point.

President Greenbaum: Well, right now as the resolution currently stands it is $50.00 total for replacement.

Mr. Biondi: I will accept that.

President Greenbaum: That is where it is at. Any further discussion on the resolution as it stands?
Mr. Rattner: Yes, I had an issue when we discussed this last week. The major part of the issue is that the Administration, last winter because of the expense, they had a model ordinance used in most other towns that eliminated the liability. We are starting to go down a slippery slope. We had the same thing about pot holes. Are we responsible when somebody breaks a wheel when they hit a pot hole? No. Are we responsible if there is other damage, somebody’s parked or they pass a sand truck and the sand because of the grit does some damage to the paint. Paint isn’t as hard as it used to be since they took the lead out. There are certain responsibilities that you have with a house and if you are going to put up a mailbox, it should be able to withstand the amount of snow that is being pushed. If not, then you put it back up. I don’t know where it is going to end, where the Government is going to stop reimbursing you for all different things. The Administration did have a different opinion on it and they did have an ordinance that they said was being used in a number of other towns in Morris County and I thought that is what we were getting. I was surprised when we didn’t get it.

President Greenbaum: You were out voted by the authority of Council.

Mr. Rattner: I know, I am just saying why I am voting no.

President Greenbaum: We had the discussion in terms of differentiating a mailbox which needs to be in the right of way and when it is knocked over by a plow. It is no different than a plow, in certain respects, hitting a car and the Township being responsible. We are only limiting our liability here because we don’t want to be on the hook for a monstrosity mailbox that someone has put up in the right of way because that is what they chose to do. However, the residents of Mount Olive are forced to put mailboxes in the right of way. To limit it to $50.00, I think is a responsible position between the homeowner’s responsibilities and the Township’s responsibilities. Is there any further discussion?

Mrs. Labow: Just one quick question, #2 it says the private contractor’s insurance, they could go to their insurance. We don’t have this covered under our insurance at all? This just comes out of our budget?

President Greenbaum: I am sure that our deductible would in no way be used, so it is irrelevant. Any further discussion? Seeing none, Roll Call.

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

11. Resolution of the Township Council of the Township of Mount Olive Authorizing a Resolution of the Turkey Brook Litigation.

President Greenbaum: The next resolution for discussion is Resolution #11. Mr. Guenther, could you please move that?

Mr. Guenther: I hereby move for the passage of Resolution #11 for the Resolution of the Turkey Brook Litigation.

Mr. Rattner: Second.

President Greenbaum: 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. I would ask that this be removed from the Consent Resolutions Agenda only because I wanted to make several points with respect to the resolution. First of all, I would like to commend Mr. Dorsey on a job extremely well done. The settlement of this case, when you consider the affirmative claims which are being folded into this by the contractors, makes this an extremely good result especially in light of the fact that where we stand with our budget for next year, that the timing on this could not have been any better. From the onset of the litigation through the conclusion, Mr. Dorsey your guiding of this litigation through the judicial system has certainly shown to have worked for the betterment of Mount Olive as has all your past litigation efforts on behalf of the Town. I would also be remiss not to thank Mr. Scapicchio who was involved on the Town Council when this issue was first raised. Mr. Scapicchio was one of the individuals, if not the prime individual who was guiding force into getting us into litigation and not resolving it at the time, as had been suggested by the Administration, not this Administration, the past Administration and it was your forethought which ultimately has led to where we currently stand today, which is a settlement. This is going to work to the betterment of all the Mount Olive residents.

Mr. Dorsey: Let me just say this, thank you very much for your comments. I have to give credit to my Co-Council Jim Higgins in connection with this matter and I want to say one word about Dave Scapicchio. This goes back about six years ago when Don Lockerbie and all of us were being interviewed. I can remember that David was most insistent that they should be hiring New Jersey engineers rather than North Carolina Mr. Dorsey (cont’d): engineers. It was wonderful that they were brilliant in design but they needed a New Jersey engineer and of course, they initially fooled us on that because they hired someone called Stewart Engineering and there is a Stewart Engineering right here in Caldwell and at first, we thought indeed, they hired a New Jersey engineer. It was Stewart Engineering from Charlotte North Carolina that apparently did not understand the hydrology up here and Cline Design, Stewart Engineering, Olympus had paid a penalty for not taking what they would recommend to them, so it’s a good deal.

President Greenbaum: Thank you. Any other comments?

Mr. Rattner: I think one thing that has to come up, and I do have to say Mr. Dorsey did an astounding job as I said last week to get that much of a percentage, the majority of the money that was expended because of the rock back, it is just extraordinary in law suits because usually the best you can hope for is a split somewhere down the middle. Well, we talk about how expensive Turkey Brook was to build and it was but with this settlement which covers most of the overages, Turkey Brook came in pretty close to budget. There were changes, yes. We started out a little bit over $5 million and it probably cost us about $8 million but that was because of changes made at the request of different organizations, the Town and the Council the majority would vote for it. Things like the buildings, adding an additional field, adding additional parking but when you actually look at now, you look at everything, now the costs are in we can deduct the $500,000 from that cost and it really came in right at budget. The budget did include contingencies for field changes of about a $500,000 which is normal in any project because you know you are going to have a certain amount of them. So with this the big thing we had was the additional cost because of the rock. It was originally about $1.1 million. The contractor, at the time, brought that cost down to about $700,000 and we are getting about $500,000 back, also there was additional work of football fields some other things that were done. You put everything together, that entire overage has basically come back to us.

President Greenbaum: Thank you. Anyone else? Seeing none, Roll Call.

ROLL CALL: Passed Unanimously

13. Resolution of the Township Council of the Township of Mount Olive Re: BASF Assessment for the Year 2006.

President Greenbaum: The next resolution is Resolution #13. Mr. Guenther, could you please move that for approval?

Mr. Guenther: I hereby move for passage of Resolution #13.

Mr. Rattner: Second.

President Greenbaum: It has been moved and seconded. Is there anyone from the public who wishes to be heard? Seeing none, I close it to the public. Is there any Council discussion?

Mr. Guenther: I just want a clarification on the dollar amount indicated here and maybe it’s me going through Alzheimer’s or whatever, I seem to remember a different figure than the $74,500.00. Was that figure changed over what we talked about?

Mr. Dorsey: Bernie, the only thing that I can tell you. That is the number that came from Jack Marchione and the fact that it reflects the Towns declining ratio. That is how they get to that number.

Mr. Guenther: I thought that was closer to the amount....

Mr. Dorsey: I will double check tomorrow but those are the numbers that I got.

President Greenbaum: That was for year 2006 and that was the number that we had discussed. The year 2005 tax appeal remains opened.

Mr. Guenther: Okay.

President Greenbaum: Any further discussion? Roll Call.

ROLL CALL: Passed Unanimously

President Greenbaum: Resolution # 27.

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

Mr. Guenther: I hereby move for the passage for Non Consent Resolution #27.

Mrs. Labow: Second.

President Greenbaum: Is there anyone from the public who wishes to be heard on Resolution #27? Seeing none, is there anyone on Council who wishes to discuss Resolution #27? Roll Call.

ROLL CALL: Passed Unanimously

MOTIONS

1. Approval of Raffle Application #2115 & #2116 for the Chester M. Stephens School Home Association and Raffle Application #2117 & #2118 for the Allamuchy Elementary School PTO.

President Greenbaum: We are up to motions at this point. Mr. Guenther, could you please move the Raffle applications?

Mr. Guenther: Yes, I hereby move for the approval of Raffle Application #2115 & #2116 for the Chester M. Stephens School Home Association and Raffle Application #2117 & #2118 for the Allamuchy Elementary School PTO.

Mr. Buell: Second.

President Greenbaum: Any discussion? Roll Call.

Roll Call: Passed Unanimously

2. Bill List.

President Greenbaum: Mr. Guenther could you please move the Bill List? You’re busy tonight.

Mr. Guenther: Oh, thanks.

President Greenbaum: Time to give you nightmares.

Mr. Guenther: I guess it was an effort to keep me awake, right?

Mr. Biondi: You gotta earn your pay. Last meeting, you gotta earn your pay.

Mr. Guenther: I think it worked. Okay, I hereby move for the passage of the Bill List.

Mr. Buell: Second.

President Greenbaum: It has been moved and seconded. Were all the questions answered? Colleen did you get an answer to your page 5 question?

Mrs. Labow: No, Chief Katona has it.

Chief Katona: In 2004, the Police Department wrote for a Grant where we would train our department in domestic violence update in its entirety. The Grant was to cover the cost of overtime for everyone on the department in addition to the selection and the hiring, for an expert to come in and to do that instruction. Over the last 2 years, we have been unable to accomplish that and the Grant year is ending, so therefore, we have to return the funds.

Mrs. Labow: Thank you.

President Greenbaum: Any other questions that remains unanswered? Mrs. Labow that was it I think right? That was all I had written down. Are there any other questions? Roll Call.

Roll Call: Passed Unanimously

ADMINISTRATIVE MATTERS

President Greenbaum: At this point are there any additional Administrative matters, Mr. Prill?

Mr. Prill: No, I have nothing.

President Greenbaum: Any Old Business? Mr. Prill, could you give us an update on the demolition of the Old Municipal Building? I noticed that they had actually started.

OLD BUSINESS

Mr. Prill: The contractor had brought in a piece of equipment late last week and did get started. He then ended up having to divert his crew back over to Greystone, I believe to finish up the project over there. He was scheduled to be back onsite today. I didn’t hear whether or not they were actually back onsite but this week they should be actively busy taking the building down.

President Greenbaum: Thank you, any other Old Business? New Business, Mr. Guenther you asked for Cablevision...

NEW BUSINESS

Cablevision Service in Mount Olive

Mr. Guenther: Yes, I just wanted to relate an experience I had with Cablevision before the holidays. I think it was 23rd, I forget which date. Our service was out and it doesn’t matter for what reason and we called and they mentioned, well, with your call we now have taken note that it is a general complaint, in other words, a neighborhood complaint and we will send a crew out to the address of that complaint. In other words, meaning possibly my whole neighborhood was out or part of my neighborhood was out rather than just being an individual complaint and they would address my lines and look at my lines and somewhat. To make a long story short, the next morning we woke up and nothing had happened and the cable was still out. I called, it turns out in their records it showed they never showed up. I proceeded to call an ex-client of mine on my cell phone who works as a road person for Cablevision and he mentioned to me the fact that they centralized all their complaints. They are centralized in a central computer room in Long Island. They have nothing in this area whatsoever. The only way they react to a complaint, apparently the only way you can get somebody sent out on a general call is if apparently their computers talk back and forth. They get feedback back and forth from a certain service area until they get an overwhelming amount of feedback through these lines that they know there is something wrong, and then only will they send a crew out. There is something missing in their service. The reason I bring it up is I know in the past there have been complaints about Cablevision. The fact that they are in a defacto monopoly situation. We have investigated the fact of trying to get competition in there, it’s really not feasible to get another cable company to come in and put service in. We have also taken action in the past, to pressure them, by means of a letter or something from the town to make them aware that we are not satisfied with the level of their service especially now that they have the inability, according to this client of mine. He said, “Look, they have no ability to really respond.” Two or three people call and nothing happens. There is no reaction to that. They used to be able to when it was controlled locally. We used to have a different company that Cablevision acquired and while you had that, they had the ability, if they got two or three calls in one area they would make a service call right away and send a crew out. In this case, now they don’t, there is something missing there again, consolidation, bigness, conglomeration whatever you want to call it? You know I believe Mount Olive and a lot of communities suffer from the level of service they get from these cable companies and I think we should do something to make them aware that there is a level of dissatisfaction.

President Greenbaum: It is interesting that you should bring this issue up at this point because I went in to speak to Mr. Prill today because both of us, I went in to alert him that we were going to be discussing Cablevision not knowing what the issue was Bernie, and Mr. Prill has indicated, in fact, there is a meeting scheduled in January between many of the Morris County municipalities and what is it, BPU?

Mr. Prill: I believe it is going to be a representative from BPU, is going to be coming up and talking to the municipalities about the franchise renewal process and the requirement to go out and solicit input from the community in terms of service complaints or whatever the nature of the complaints maybe in order to document the service levels and issues and concerns of the communities and which that documentation is needed in order to try to achieve some headway with the cable companies.

 

President Greenbaum: Perhaps what you can do is alert us, alert through the Clerk’s office, so we can put it on the Agenda in advance of your meeting to establish any comments, collective comments which we may have that you can bring as ammunition when you go to the meeting to say these are the concerns which have been raised in Mount Olive about different service levels or different problems that people have had with the cable companies so we will have it all in one document when you go forward to that meeting. Is that early in January?

Mr. Prill: It’s January 19th.

President Greenbaum: We will put it on for our Workshop.

Mr. Biondi: To be fair, my experience with Cablevision has been just the reverse. I had a problem maybe five months ago. They were there the very next day fixed it, done. You have to look at both sides of the coin and it wasn’t an areawide problem, it was my personal problem and they fixed it in less than 24 hours.

Mr. Guenther: That is exactly the point I was trying to make. If it had been an individual problem they would have responded but they said to me on the phone no, this is an areawide problem which we will report. There is some failure in their system to pass that on to their service center to report it and make the appropriate crew come out. The way it got resolved, by the way, it turned out that my neighbor was digging around putting his mailbox in, and he cut the cable. Alright, so there was an individual call for him, then he got the service and it was fixed. There seems to some kind of disconnect when there is more, several people calling from an area, there seems to be something wrong with their system.

President Greenbaum: You would think it would just be the opposite.

Mr. Rattner: I believe when we approved the last franchise, what was it, 10 or 20 years, or something ridiculous and we had to go with it. I think we put in there and they agreed that they are required, if we ask, to come down at least once a year and report to the Council and ask questions. We made sure to put that there. We have not seen them in a couple years, at least three years. They are required to come here once a year and speak to us and we can have the list of questions. I know that the way it was set up, the Mayor’s office was supposed to get all of the inquiries and the complaints. I know we have advertised it in the past. We should hold them to their contract. They haven’t been here, we know in at least two years, to meet at a public meeting, and the public would know they are here, so they would also have the opportunity to come here and to complain.

President Greenbaum: That is a good idea. Any other comments?

Mr. Rattner: It’s in the law.

President Greenbaum: Any other New Business?

Mr. Buell: Yes, I would like to ask the Administration and the Mayor to clarify the appointments to the Recreation Committee. I believe the current Ordinance for the Recreation Committee calls for five members to be appointed by the committee and then approved by the Mayor and consented by the Council and four by the Mayor and with consent the Council. I would just like to know how the present membership of that Committee stacks up. How many were recommended by the Committee and how many were recommended by the Mayor.

Mrs. Labow: Also on that, Mr. Prill, on the notice that you gave us Bert Barrier was on there. His term doesn’t even expire until the end of 2006, so I don’t know if the Mayor intends to have him holding two spots or moving him to different spot, just clarification on that.

President Greenbaum: Mr. Prill, we would like an answer to that obviously in advance of the January 3rd meeting in case there are any inconsistencies in terms of the appointment.

Mr. Buell: Are we going to consider the appointments on the 6th? Your memo, you indicated we are not going to consider them on the 3rd?

 

 

 

President Greenbaum: The Mayoral appoints which do not require advice and consent of the Council will be considered, well will obviously be announced to the extent that the Mayor wishes to announce them whenever he wishes to announce them. The appointments which require advice and consent, which I had asked the Mayor on several occasions to provide that to us by the 20th will not be considered at this point on the meeting on January 3rd which is our Reorganization Meeting but rather at the earliest time possible, which at this point would be the meeting of January 10th so that everyone would have the opportunity to review qualifications to do whatever investigation they require in order to vote appropriately. We will not be considering...unless Council feels otherwise, we will not be considering those at the January 3rd. Of course, the Mayor is free to make his appointments at any time he wishes to, and we will schedule it for the appropriate vote when we are prepared to vote. Any other New Business?

Mrs. Labow: I just want to ask, it is New Business, Old Business, and I want to ask Mr. Dorsey a question. If we approve a Developer’s Agreement and....

Mr. Dorsey: Do we approve it?

Mrs. Labow: No, I know we do, when we approve a Developer’s Agreement and if something changes in that Developer’s Agreement, that has to come back to Council to approve the changes? Do you want me to give you a specific?

President Greenbaum: I think it matters. That question really is factually specific. It depends on the nature of the change.

Mrs. Labow: Okay, for the Best Western Hotel, the Developer’s Agreement clearly states that the layout was going to be altered to include a pool, this is from the original design, to include a pool and a fitness room on the first floor of the hotel. There shall be 44 guest rooms, 10 on the first floor and 17 on each of the other 2 floors. Now it is my understanding that the pool is now not going in there and that is a direct change to this Developer’s Agreement.

Mr. Dorsey: I think your answer to the question is, probably what you say has changed would not require a change to the Developer’s Agreement. It might very well require a change to the site plan that was approved by the Planning Board.

Mrs. Labow: It does not change the square footage.

President Greenbaum: We are going to need to get an answer to that question. I would ask Mr. Dorsey to provide us with the legal notes.

Mr. Dorsey: I would be happy to answer that question. I think it would be helpful if someone could be very specific about what has changed.

Mrs. Labow: The thing that has changed, originally there was not going to be an indoor pool. Best Western, according to what was said at the Planning Board Meeting which Mr. Greenbaum was on the Planning Board at that time, I happened to be in the audience that night, the developer claimed that Best Western needed to have an indoor pool for this hotel. Planning Board agreed to allow him to put the indoor pool in. He has since changed his mind and has not put an indoor pool in, and it is in the Developer’s Agreement that there is supposed to be a pool in there. He is now going to have a conference room in there. Now the problem with the conference room is that he is very limited on parking and by putting in a conference room, how are you going to make sure that it is only guests that are there and he doesn’t bring other people in and so on and so forth.

Mr. Dorsey: In the first place, I don’t believe that it is in the Developer’s Agreement that a pool will be indoors in connection with that facility, I believe that would be...

Mrs. Labow: It is right here I have the Developer’s Agreement right here.

Mr. Dorsey: It is in there? It is actually in there?

Mrs. Labow: Yes, and it was signed on February....

Mr. Dorsey: Well, then it should be changed. The first thing that gets changed is the site plan and then the Developer’s Agreement would be changed.

President Greenbaum: I believe that the Planning Board Attorney is taking the position that there is no change in the square footage, that no site plan changes need to be made.

Mrs. Labow: It would have to come before a governing body to change a Developer’s Agreement before a CO could be issued.

President Greenbaum: We are going to need to get further legal counsel.

Mr. Dorsey: I am rather surprised with that determination but if it is actually in the Developer’s Agreement then his bonds etc. will not be released until there is a resolution of that specific requirement. Pass that down.

Mrs. Labow: Not that I am getting involved in anything there John.

President Greenbaum: Is there any other New Business? Any Legal Matters, Mr. Dorsey?

Mr. Dorsey: None

COUNCIL REPORTS

Library Board Liaison Report

Mrs. Labow: The Library Board was supposed to meet last Wednesday morning at 9:00 a.m. I want to thank Mr. Biondi for covering for me. They couldn’t hold the meeting. They didn’t have a quorum. They rescheduled for Wednesday at 9: 00 a.m. and again they did not have a quorum so their next meeting is January 11th.

Mr. Rattner: When was the last time the Library had a quorum?

Mrs. Labow: I don’t know that they ever technically really had a quorum because it is very confusing. They had decided that they could move Mrs. Rosa, who is the Mayor’s alternate, up to the Vice President of the Library which, they have been very careful for her not to vote the same time the Mayor is there and then....

Mr. Rattner: An alternate is counted as a quorum because they fill in.

Mrs. Labow: Only if the Mayor is not there, but if he is there it doesn’t.

Mr. Rattner: I am just asking for the last time because if I remember the last correspondence for, and the last couple of pieces of correspondence we had from the Library, it seems like they can’t get a quorum together and it seems like it is more than just the last month.

Mrs. Labow: They vote anyway. The past two times they have not had a quorum.

Mr. Rattner: How long can we go on without having a quorum so they can do their regular business?

President Greenbaum: I hope that was a rhetorical question?

Mr. Rattner: Well, if they can’t get a quorum, we have to start looking at who is serving because it is a
nonfunctioning Board.

Mayor De La Roche: As far as I can recall, this is the first time they didn’t have a quorum.

President Greenbaum: The last two times.

Mayor De La Roche: Yes, but one was a repeat and it turned out it was a morning meeting and it was in the middle of the holidays. So they were unable to correct that one meeting, I was there, but there wasn’t a quorum. There was also an accident on that highway that night...that day.

President Greenbaum: Thank you.

Recreation Liaison Report

Mr. Biondi: No Meeting.

Board of Health Report

Mr. Guenther: There was a meeting. It was routine. Nothing out of the ordinary to report.

Planning Board Report

Mrs. Labow: We didn’t have a meeting since the last time we met.

Board of Adjustment Liaison Report

Mr. Perkins: My understanding it was routine business, Mr. President.

Open Space Committee Report

Mr. Guenther: None since the last time we met.

Legislative Committee Report

Mr. Biondi: No meeting.

Pride Committee Liaison Report

Mr. Perkins: Finalized for the year, they put together their budget for presentation to the Administration.

Board of Education Liaison Report

Mr. Buell: They met two Mondays ago. The only thing really of major interest to us is that the cooperation between our building and grounds group because the High School is going to be using our facilities at Turkey Brook, rather heavily next year and the following year at least through the year 2007. It does not look like they are going to have their artificial turf in until beginning some time in the summer of 2007. We are going to have to be very careful. Jim Lynch is going to have to be very careful that we don’t over use those fields up there. We are going to have soccer, baseball, volleyball, everything is going to be High School up there. In fact, the baseball field up at the High School is going to be out of service. That is one thing we also congratulated our buildings and grounds personnel for their efforts, Jill Dagon’s cooperation with this whole process, and it is going very well as far as I can see. The other thing of interest that came up is that last year they had 136 more kids this year they are going to have 128 more kids at the High School and in view of the BASF settlement or the BASF tax appeal or tax status it is going to be a very difficult year budgetwise for them and for us.

Lake/Environment Issues Committee

Mr. Rattner: Nothing to report.

Safety Committee Liaison

Mr. Guenther: Nothing to report.

Finance Committee Report

Mr. Rattner: Nothing to report.

Economic Development Committee Report

Mr. Rattner: Nothing to report.

PUBLIC PORTION

President Greenbaum: Is there anyone from the public who wishes to come up and speak on any particular issue? Mr. Sohl, can you please come up to the microphone and please state your name and address for the record.

Bill Sohl, 29 Netcong Road, Budd Lake: Bernie, I just wanted to thank you for your prior service as a Councilman myself I think you were on the Council about 2 years the same time I was and again congratulations on your retirement. You will be able to sit back and criticize a little bit from a position of safety so to speak, and again I just wanted to say thanks for the service you gave to this community.

Mr. Guenther: Thank you, Bill.

President Greenbaum: Bernie, just remember I know where you live even though you may not be...

Mr. Biondi: Don’t take his remarks literally please.

President Greenbaum: Anyone else from the public? Mr. Scapicchio, please come up to the microphone and state your name and address for the record.

David Scapicchio, Flanders-Netcong Road: For those who don’t remember, Bernie, I would like to thank you for your service. Bernie’s service actually goes many years beyond the years that he served on Council. Going back maybe 15 maybe 20 when the County and the State wanted to build a transfer station in Mount Olive Township, Bernie formed the group called MORATS, Mount Olive Residents against the Transfer Station. Although they weren’t successful in eliminating the transfer station at that time, they certainly were successful in making sure there were safeguards put in place that protected the Mount Olive residents, including host community fees that have benefited Mount Olive in a positive way since that facility has been in place here in Mount Olive Township. From that fight Bernie then started Concerned Citizens of Morris County and at that point in time the County and the State wanted to build not only a landfill but a garbage burning incinerator in Mount Olive Township and I will never forget this. This was on a site, what they called modified site 52A, which now happens to be the Trade Zone off of Goldmine Road. Bernie and others although Bernie certainly took a leadership roll in putting together an excellent group of citizens professionals that were successful in making sure that facility was not built in Mount Olive Township. I can remember week after week traveling around the County with Bernie following the Freeholders who wanted to site this in Mount Olive Township and at the end of the day we were successful and Bernie, I just wanted to say thank you and to remind everybody that Bernie’s years of involvement in this community go way beyond the several years he has served on this Council.

Mr. Guenther: Thank you, Dave.

President Greenbaum: Thank you. Is there anyone else from the public who wishes to be heard this evening? I close it to the public. We are up to final comments. Mayor did you have anything this evening?

COUNCIL COMMENTS

Mayor De La Roche: Yes, I wish to inform the Council and the Public that this evening I am going to be appointing a new Mount Olive Township Prosecutor that will be effective 1-1-06 on the same terms and conditions as the present Prosecutor. I had a discussion with Judge Maenza regarding any changes in the Court Personnel and the need for it to be a smooth and a seamless transition and he is agreeable to that type of transition, and I just want to say I hereby appoint William Ruggierio, Esq. with whom we are all familiar as a Mount Olive Prosecutor effective 1-1-06 upon the same terms and conditions as the present Prosecutor. In addition, I want to add to that, I want to wish everyone a Happy New Year and to our Jewish friends I wish them a Happy Hanukkah and with that, I wish you all a Happy New Year. Thank you.

President Greenbaum: Mayor, the appointment of a prosecutor is an advice and consent position.

Mayor De La Roche: No, it is not.

President Greenbaum: It is not an advice, and consent position?

Mayor De La Roche: No, it is not.

President Greenbaum: Okay, we will look that up Mayor, do you have the cite to the State statute by chance?

Mayor De La Roche: Not off hand I don’t.

President Greenbaum: Okay, could you provide that to me if you have it.

Mayor De La Roche: Well, I am sure your attorney can do that.

Mrs. Labow: I have a question. Isn’t that in violation of the agreement that we had last year?

Mr. Dorsey: We would have to check the agreement. I do recall something.

Mrs. Labow: He was not supposed to do any business in town?

Mr. Dorsey: I do recall something....

Mayor De La Roche: I can clarify that part for you if you want. The agreement that you worked out with Mr. Ruggierio is that he could not solicit any work with the Township. I, in fact, solicited him to come and work for the Township. That is a completely different situation.

President Greenbaum: Mr. Buell?

Mr. Buell: After that, no.

Mrs. Labow: I just want to say it is going to be a very interesting reorganization meeting. I, again, want to thank Bernie for absolutely everything and wish you well and thank Maria and Bernie’s daughter for sitting here through this meeting this evening and wish everybody a very Happy New Year.

Mr. Biondi: I would just like to thank Bernie for his friendship over the years, also for his guidance through my campaign. I am sorry I can’t do this with you but I will call you if I need you.

Mr. Guenther: Good luck to you.

Mr. Biondi: Thank you very much.

Mr. Guenther: You’ll going to need it.

President Greenbaum: Mr. Guenther.

Mr. Guenther: Enough has been said and I really appreciate the kind words especially from Bill and Dave. I will have to say the one service I am the most proud of is what we did with the incinerator and Dave was very instrumental there. I have to give credit. We may have been called the Concerned Citizens of Morris County, but we actually got people from Roxbury, Netcong, and Cissy Laureys who is a Freeholder now, who was a member, Don Hertel, was on the Morris County MUA, was a member. We had several members from Chester and Washington Township we really made it a western Morris County organization and Art Nusbaum who is a dentist in town who was the co-founder with me because I made it a point right at the beginning. The site was to be at the boarder of Roxbury and Mount Olive and was ordered it be part of both Townships and that they are involved and I think that was key. Sandy Urgo who was a Councilman over there was a member. So a lot of political careers got started. Dave, I unfortunately for personal reasons had to step down as president and then Dave took the baton. I just want to correct one thing that Dave mentioned, I did not form MORATS. I took over the presidency at the end. Paul Licitra was very instrumental in that. I want to give him credit because he, in effect, kind of recruited me for that and got me involved in a very hot issue in Mount Olive. That is when I became interested in issues concerning Mount Olive. So thanks again from everybody and best of luck next year.

Mr. Rattner: Yes, good luck with your partial retirement because you still have your other responsibilities. One thing, Mount Olive would be a very different town if that incinerator went in and really, it was Mount Olive against the world because we had all our County officials. Remember when Jack O’Keefe got elected? That was going to solve all of the County’s problems. Kean was deadset on getting it done. They said it couldn’t be stopped and it would be a lot different and since that time Bernie has been on the County MUA because they saw the value that he had, it was done with facts not just a motion, not just with sound, and he is going to, as far as I know, your going to continue on the MUA. He has been a driving force there and we are going to be well represented within the County level and with that, everybody have a very happy and healthy and safe New Year.

Mr. Perkins: Thank you, Mr. President. Bernie, I want to say thank you for your guidance, your friendship, for making me walk when we were handing out all those flyers during your campaign, while you drove in your car and handed them out. Teaching me the ins and outs so to speak. It was a good campaign. I remember when we ran against Rob and even when we ran for your re-election you have been a gentleman, you have been very open, very educational and your leadership will be missed, especially by myself. I do appreciate having you around. For everyone else, the few people that attend here on a regular basis, I hope you have a happy holiday season. I look forward to seeing more people here next year and Happy Holidays.

President Greenbaum: Bernie, I think I said what I had to say before. At this point, I will take a motion to adjourn.

ADJOURNMENT

Motion was made and seconded, all in favor and none opposed, the meeting was adjourned at 8:34 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______________.

____________________________
Lisa M. Lashway, Township Clerk

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