Mt. Olive Township Council Minutes
February 28, 2006

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 in recognition of the men and women fighting terrorism and those who have lost their lives defending the freedom we all enjoy

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. Tepper, Mr. Buell, Mr. Biondi, Mr. Perkins, Mr. Rattner
Mr. Greenbaum, Mrs. Labow (7:06)
Absent: None

Also Present: John Dorsey, Township Attorney; Rick Prill, Business Administrator;
Sherry Jenkins, CFO; Lisa Lashway, Township Clerk

President Greenbaum: Mr. Prill, is the Mayor coming this evening?

Mr. Prill: I don’t believe he is. He called earlier and said he wasn’t feeling well and indicated he probably wouldn’t be here tonight.

President Greenbaum: Is it the Mayor’s intention not to come to any further Council meetings? Has he discussed that with you?

Mr. Prill: He has not indicated that to me.

President Greenbaum: Do you know how many meetings in a row the Mayor has missed to this point?

Mr. Prill: Off the top of my head, I don’t know.

President Greenbaum: Including the BASF Tax Appeal Executive Session, I believe it has been about five meetings in a row, if I am not mistaken. Could you please ask the Mayor if he intends to come to Council Meetings in the future? So I don’t have to continue to ask.

Mr. Prill: I can ask the Mayor, yes.

7:00 pm – Building Department Investigation (B. Casey)

Abram Kartch Thomas Jefferson Essay Contest Winners:
• Kacee Granke – Winner
• Heba Mustafa – Honorable Mention
• Alexandria Gonzalez – Honorable Mention

President Greenbaum: At this point we have a presentation, the Abram Kartch Thomas Jefferson Essay Contest winners and we are going to have Joe Guarisco, who is going to come up and do the presentation.

Joe Guarisco, Supervisor of Social Studies for Mount Olive Township School District, Middle School, and High School, Grades 6-12: I was contacted a couple of weeks ago by Mrs. Lashway and asked if some of our students could come and appear before the Council. I want to thank the Council for their support, for our students and for our academic achievements in Mount Olive. This is specifically in reference to an essay contest that William Paterson has been sponsoring for 21 years now. The Thomas Jefferson Essay Contest was endowed by Abram Kartch and every year some 15 to 20 high schools across northern New Jersey participate in this contest. It is coming up again in May. It started in 1985. We now have one plaque in Mount Olive that has 40 names on it. Two winners every year and for the past 20 years, 17 of those 40 names are Mount Olive students. Considering how many high schools compete, that is a strong record of commendation. I just received last week the new plaque that they have started for the next 40 names and the first name on it is a Mount Olive student and she is with us tonight. The winner and I will introduce her and the two Honorable Mentions, they have two winners each year and two Honorable Mentions.

Mr. Guarisco (Cont’d): We not only have one of the two winners we have both Honorable Mentions. The topic was on Thomas Jefferson in the west, Lewis and Clark and the Indians. We were originally informed that the ladies were going to be asked to read their papers tonight but in the interest of saving time, we will make copies of their essays available for the Council so that if anyone from the public would like to see the really high quality of work that these students put out. It will be available there, the girls were very depressed when I told them they didn’t have to stand up and read their papers but they did consent to appear anyway. So I first would like to call up the Honorable Mentions. We have Heba Mustafa, if you would join me, and Alexandria Gonzales, and this year’s winner this year from Mount Olive was Kacee Granke. It is nice to know that people read about our accomplishments and want to acknowledge us outside of the school. So again, I thank the Council very much for their support, good to see you again and hope to see you again next year.

President Greenbaum: We are very happy to have everyone here this night. As I often say, there is nothing that makes us more proud than the educational achievements of our residents. Although we don’t have them available tonight, we will have certificates of achievement honoring your awards and I know I speak on behalf of the entire Council that we are very proud and we wish you the best of luck in your future endeavors.

Mr. Garrisco: Thank you very much.

President Greenbaum: Now that you have the writing part down, you get the public speaking part down and you will make great attorneys.

Mr. Biondi: Do we really need anymore attorneys?

Mrs. Labow: Good one.

Mr. Biondi: I couldn’t resist.

President Greenbaum: I knew there was a reason I didn’t vote for you.

Mayor’s Proclamation
Fibrodysplasia Ossificans Progressive (FOP) declaring 2002 through 2011 National Bone & Joint Decade

President Greenbaum: Mr. Prill do you have that?

Mr. Prill: Yes I do. The Mayor did ask if I could read that into the Minutes. My pronunciation will be different then yours, I don’t know whether mine is correct or not, but here we go.

President Greenbaum: I vote for yours.

Mr. Prill: It is a Proclamation for National Bone and Joint Decade. Whereas, Fibrodysplasia Ossificans Progressive (FOP) is a rare genetic condition which the body makes additional bones where bones should not form such as, within muscles, tendons, ligaments and other connective tissues. Whereas, one in every seven Americans suffers from muscular skeletal impairment, causing physical disability and severe long term pain. Whereas, the symptoms of FOP usually begin in the first or second decade of life with the majority of patients being diagnosed by age 10, depriving children of normal development. Whereas, the Township of Mount Olive fully supports President George W. Bush as he declared the years 2002 through 2011 as the National Bone and Joint Decade. Now therefore let it be proclaimed that, I, Richard De La Roche, Mayor of Mount Olive Township do hereby proclaim the years 2002 through 2011 as National Bone and Joint Decade in the Township of Mount Olive.

President Greenbaum: Thank you.

Questions on Bill List?

President Greenbaum: Are there any questions on the Bill List so that the Administration can get the answers prior to the end of the meeting? Seeing none, we will move on.

 

 

APPROVAL OF MINUTES OF PREVIOUS MEETINGS

Jan. 24, 2006
Present: Mr. Greenbaum, Mr. Rattner, Mr. Biondi, Mrs. Labow, Mr. Buell, Mr. Tepper, Mr. Perkins
Absent: None

Feb 7, 2006 CS
Present: Mr. Greenbaum, Mr. Rattner, Mr. Biondi, Mrs. Labow, Mr. Buell, Mr. Tepper, Mr. Perkins
Absent: None

Feb. 7, 2006
Present: Mr. Greenbaum, Mr. Rattner, Mr. Biondi, Mrs. Labow, Mr. Buell, Mr. Tepper, Mr. Perkins
Absent: None

President Greenbaum: Mr. Tepper, could you please move those Minutes?

Mr. Tepper: Yes, I move that we approve the minutes of January 24, 2006, February 7, 2006 CS, February 7, 2006, Public Meeting.

Mr. Rattner: Second.

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

ROLL CALL: Passed Unanimously

CORRESPONDENCE

RESOLUTIONS, ORDINANCES, CORRESONDENCE FROM OTHER TOWNS

1. Resolution received February 15, 2006, from the Township of Hanover regarding amending the New Jersey Employer-Employee Relations Act.

DOT/DEP

2. Letter received February 13, 2006, from the State of New Jersey, Department of Environmental Protection regarding Byram Town Center Development, Watershed Management Area 1.

3. Letter received February 13, 2006, from the State of New Jersey, Department of Environmental Protection regarding NJDEP Conducted Grab Sampling – Clover Hill Sewerage Treatment Plan.

4. Letter received February 13, 2006, from Chester, Ploussas, Lisowsky Partnership, LLP regarding NJDEP Treatment Works Approval Sanitary Sewer Extension Permit Givaudan Expansion Phase 3. Lot 3, Block 400 (223 Waterloo Valley Road).

5. Letter received February 16, 2006, from the State of New Jersey, Department of Transportation regarding FY 2006 Municipal Aid Program, Pleasant Hill Road, Phase II.

6. Public Notice received February 21, 2006, from Cozen & O’Connor regarding Amended Petition of New Jersey American Water Company, Inc. for approval to revise its purchased water and purchased sewerage treatment adjustment clauses and approval for its true up schedules.

7. Letter received February 21, 2006, from the State Department of Environmental Protection regarding Babernitch Residence. Block 3512, Lot 9 (Hatakawana Terrace) Agency Determination: Highlands Act – Not Major Highlands Development Water Quality Management Plan – Consistent.

8. Letter of Interpretation received February 23, 2006, from the State of New Jersey, Department of Environmental Protection regarding Withdraw of Highlands Resource Area Determination Application. Applicant: Joseph Sullivan, Block 7000, Lot 88 (17 River Road).

DCA

9. Local Finance Notice received February 15, 2006, from the Department of Community Affairs regarding CY 2006 Extraordinary Municipal Aid Program

MORRIS COUNTY

10. E-mail received February 21. 2006, from Morris County Economic Development Corporation regarding the 3rd Annual Morris County Municipal Summit.

MISCELLANEOUS

11. E-mail received February 10, 2006, from Walter P. Krich regarding County GIS Presentation to Municipal Officials.

12. Information received February 15, 2006, from Whippany River Watershed Action Committee regarding Lakes Management Seminar.

13. Preliminary Equalization Table for the County of Morris for the year 2006 received February 16, 2006.

14. Information received February 23, 2006, from The South Branch Watershed Association regarding Hunterdon County Green Table.

HIGHLANDS

15. Letter received February 13, 2006, from Paul Bahnatka, President of Byrne Ceramic Supply Co., Inc. regarding Expansion and Highlands issues.

UTILITIES

16. Fax received February 13, 2006, from Comcast regarding SportNet NY.

17. Letter received February 15, 2006, from Comcast regarding Expanded Basic Service.

18. Letter received February 16, 2006, from Comcast regarding TV1, available and not available channels.

LEGISLATIVE REPRESENTATIVES

19. E-mail received February 10, 2006, from Congressman Frelinghuysen regarding President’s Proposed Fiscal Year 2007 Budget, Discussion on College Financial Aid, and the “Valentine for Vets” project.

20. E-mail received February 21, 2006, from Congressman Frelinghuysen regarding Hosting Town Hall Meetings, EPA’s repeal of MTBE Requirement in Gasoline is a Victory for New Jersey’s Environment and Frelinghuysen visits Vets on Valentine’s Day.

President Greenbaum: There are 20 pieces of Correspondence does anyone wish to discuss any one particular piece of Correspondence?

Mr. Perkins: Thank you, Mr. President. Correspondence letter # 6 Public Notice received February 21, 2006, from Cozen & O’Connor regarding Amended Petition of New Jersey American Water Company, Inc. again looking for purchased water and purchased sewerage adjustment which will be affecting the rates Statewide, inevitably, which affects a portion of Mount Olive Township. I would ask that Mr. Dorsey pen another letter as he did, I believe a year and a half ago, subsequent to the same issue.

Mr. Buell: Ray on that, our rates, the rates that our customers here in town were the ones, the general rates, the specific rates that they didn’t specifically mention in Mount Olive.

Mr. Perkins: They have specific rate increases for the three areas that are increasing by sewerage and also for water passed through down in southern New Jersey but as the American Water System is under a general Statewide tariff, their entire tariff will raise a certain percentage. This will affect the residents of Mount Olive.
Mr. Buell: So that was the first rate that was listed in the letter?

Mr. Perkins: First rate yes.

President Greenbaum: Is there any other discussion with respect to any particular piece of Correspondence? Seeing none, we will move on.

ORDINANCES FOR PUBLIC HEARING

President Greenbaum: The first Ordinance is Ordinance #2-2006 entitled:

Ord. #2-2006 An Ordinance of the Township of Mount Olive, Morris County, New Jersey,
Establishing Fees for the Renewal of Alcoholic Beverage Licenses.

President Greenbaum: At this point in time, I will open it up to the public for anyone who wishes to be heard on this particular Ordinance? Seeing none, I close it to the public and would ask Mr. Buell, to please move Ordinance #2-2006 for adoption.

Mr. Buell: Thank you, Mr. President. I move Ordinance #2-2006 for adoption and final passage.

Mrs. Labow: Second.

President Greenbaum: It has been moved and seconded. Is there any discussion from Council? Roll Call.

ROLL CALL: Passed Unanimously

President Greenbaum: Ordinance #2-2006 has passed on second reading and I hereby direct the Clerk to forward a copy of same to the Mayor and publish the notice of adoption as required by law. The next Ordinance for public hearing is Ordinance #3-2006 entitled:

Ord. #3-2006 Ordinance Authorizing Criminal History Record Checks of Volunteers Involved with Township of Mount Olive Programs or services for Minors.

President Greenbaum: We have since gotten the revised ordinance which deals with some of the concerns which were previously raised and ultimately, it is my position that this ordinance should be defeated and reintroduced with the revisions. We need to open it up to the public first and then I will ask for a motion to move it and then we will defeat it, if everyone is in agreement? Is there anyone from the public who wishes to be heard on this ordinance? Seeing none, I close it to the public and I would ask Mr. Biondi to move Ordinance #3-2006.

Mr. Biondi: Mr. President I move Ordinance 3-2006.

Mr. Buell: Second.

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

ROLL CALL: Defeated Unanimously

President Greenbaum: Ordinance #3-2006 was defeated and will be reintroduced with the modifications.

ORDINANCES FOR FIRST READING – (2nd reading 3/28/06)

President Greenbaum: We are up to Ordinances for First Reading, Second Reading being March 28, 2006. The first Ordinance is Ordinance #7-2006 entitled:

Ord. #7-2006 An Ordinance of the Township of Mount Olive Dealing With Illicit Connections to the Stormwater System.

President Greenbaum: Mrs. Labow can you please move Ordinance #7-2006?

 

Mrs. Labow: I move that Ordinance #7-2006 be introduced by title, and passed on first reading, and that a meeting be held on March 28, 2006 at 7:30 p.m. at the Municipal Building, 204 Flanders-Drakestown Road, Mount Olive, New Jersey, for public hearing, consideration of second reading and passage of said Ordinance, and that the Clerk be directed to publish, post and make available said Ordinance in accordance with the requirements of the law.

Mr. Perkins: Second.

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

ROLL: Passed Unanimously

President Greenbaum: The next Ordinance for First Reading is Ordinance #8-2006 entitled:

Ord. #8-2006 An Ordinance to Amend and Supplement Section 76-10 Entitled False Alarms of the Mount Olive Township Code.

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

Mr. Perkins: Thank you, Mr. President. I move that Ordinance #8-2006 be introduced by title, and passed on first reading, and that a meeting be held on March 28, 2006 at 7:30 p.m. at the Municipal Building, 204 Flanders-Drakestown Road, Mount Olive, New Jersey, for public hearing, consideration of second reading and passage of said Ordinance, and that the Clerk be directed to publish, post and make available said Ordinance in accordance with the requirements of the law.

Mr. Buell: Second.

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

ROLL CALL: Passed Unanimously

President Greenbaum: The next Ordinance is Ordinance #9-2006 entitled:

Ord. #9-2006 An Ordinance to Amend and Supplement Section 126-8 Entitled Additional Inspections and Fees of the Mount Olive Township Code.

President Greenbaum: Mr. Rattner, could you please move that?

Mr. Rattner: Thank you, Mr. President. I move that Ordinance #9-2006 be introduced by title, and passed on first reading, and that a meeting be held on March 28, 2006 at 7:30 p.m. at the Municipal Building, 204 Flanders-Drakestown Road, Mount Olive, New Jersey, for public hearing, consideration of second reading and passage of said Ordinance, and that the Clerk be directed to publish, post and make available said Ordinance in accordance with the requirements of the law.

Mr. Perkins: Second.

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

ROLL CALL: Passed Unanimously

President Greenbaum: The next Ordinance for First Hearing is Ordinance #10-2006 entitled:

Ord. #10-2006 An Ordinance of the Township of Mount Olive Establishing Fees or Rates for Off-Duty Police Officers.

President Greenbaum: First Mr. Tepper.

Mr. Tepper: Thank you, Mr. President. I move that Ordinance #10-2006 be introduced by title, and passed on first reading, and that a meeting be held on March 28, 2006 at 7:30 p.m. at the Municipal Building, 204 Flanders-Drakestown Road, Mount Olive, New Jersey, for public hearing, consideration of second reading and passage of said Ordinance, and that the Clerk be directed to publish, post and make available said Ordinance in accordance with the requirements of the law.

Mr. Buell: Second.

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

ROLL CALL: Passed Unanimously

President Greenbaum: The next Ordinance for First Hearing is Ordinance #11-2006 entitled:

Ord. #11-2006 An Ordinance of the Township of Mount Olive Dealing with the Disposal of Waste.

Mr. Buell: I move that Ordinance #11-2006 be introduced by title, and passed on first reading, and that a meeting be held on March 28, 2006 at 7:30 p.m. at the Municipal Building, 204 Flanders-Drakestown Road, Mount Olive, New Jersey, for public hearing, consideration of second reading and passage of said Ordinance, and that the Clerk be directed to publish, post and make available said Ordinance in accordance with the requirements of the law.

Mr. Rattner: Second.

President Greenbaum: Any discussion? Roll Call.

ROLL CALL: Passed Unanimously

President Greenbaum: We are up to the Consent Resolutions Agenda. Tonight there are eight resolutions on the Consent Resolutions.

CONSENT RESOLUTIONS AGENDA:

Resolutions on the Consent Agenda List are considered to be routine and non-controversial by the Township Council and will be approved by one motion (one vote). There will be no separate discussion or debate on each of these resolutions except for the possibility of brief clarifying statements that may be offered. If one or more Council member requests, any individual resolution on the Consent Agenda may be removed from the Consent Agenda List and acted on separately.

CONSENT RESOLUTIONS

1. Resolution of the Township Council of the Township of Mount Olive Prohibiting the Providing of Health Benefits by the Township to Elected Officials.

2. Resolution of the Township Council of the Township of Mount Olive Confirming the Settlement of the Claims of Kyle Conti Construction, Inc.

3. Resolution of the Township Council of the Township of Mount Olive Regarding Defense and Indemnification of John Mania.

4. Resolution of the Township Council of the Township of Mount Olive Authorizing the Mayor to Sign a Treatment Works Approval Permit Application on Behalf of Givaudan Fragrances Corporation.

5. Resolution of the Township Council of the Township of Mount Olive Authorizing the Release of performance Guarantees Posted by Riad Development Co., LLC for Sutton Plaza.

6. Resolution of the Township Council of the Township of Mount Olive Authorizing the Execution of a Developer’s Agreement Based on Final Site Plan Approval Between the Township of Mount Olive and Apple Food Service of Mount Olive.

7. Resolution of the Township Council of the Township of Mount Olive Authoring a Memorandum of
Understanding Between the Township of Mount Olive and the Morris County Integrated Justice Information System.

8. Resolution of the Township Council of the Township of Mount Olive Supporting the Participation in the 2006 Fair Share Assessment with the Morris Chapter’s McARP.
President Greenbaum: Are there any Resolutions on the list which any Councilmember wishes to have removed to the Non Consent Resolutions Agenda? Seeing none, I will ask Mr. Biondi to please move, the Consent Resolutions Agenda.

Mr. Biondi: Mr. President, I move Resolutions #1-8 for approval.

Mr. Perkins: 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 be heard on any of the eight resolutions on the Consent Resolutions Agenda. Seeing none, I close it to the public.

COUNCIL COMMENTS ON CONSENT RESOLUTIONS

President Greenbaum: Is there any Council discussion with respect to the Consent Resolutions Agenda? Roll Call.

ROLL CALL: Passed Unanimously

MOTIONS

President Greenbaum: We are up to Motions, the first motion is:

1. Consent to the Mayor’s Appointment of Robb Pearson to the Library Board.

President Greenbaum: Mrs. Labow can you please move that?

Mrs. Labow: Do you have to vote yes, if you move it?

Mr. Dorsey: No.

Mr. Labow: Oh, okay. I move to consent of the Mayor’s Appointment of Rob Pearson to the Library Board.

Mr. Perkins: Second.

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

Mrs. Labow: I had prepared a little bit of a statement. First I would like to say that I have found Mr. Pearson to be a very intelligent young man, extremely articulate and compassionate in what he believes in. With that said, I have a responsibility to make sure that when I vote for something, it is for the best interest of the public. In the past couple of months I have seen Mr. Pearson use his expertise with words to berate, ridicule and humiliate people. Two examples are as follows: Monday, February 6th, a resident viewed Mr. Pearson’s website and was upset by the caricature he had posted on there depicting Council President Rob Greenbaum as a terrorist calling him the Taliban. This woman sent an email to Mr. Pearson, as he invites people to do so and told him that in her opinion that his blog was disgusting. He responded to her by posting her email and her email address and her name on his website. He begins his post by saying that anyone that disagrees with my blog is always welcome to email me. Ultimately and and I am quoting this from his website, “Ultimately, the only opinion that ever counts on my website is my opinion, everyone else’s, well, I always give them the attention I feel that they deserve” and that is his right to do. At the end of his post, after he finished berating this woman, he told her that due to one little remark in her post where she called him useless, he said he would have been respectful but since she used that word, he states her name, Pat, can quite simply kiss my blank. I found these actions by Mr. Pearson to be alarming in that this is a woman who simply accepted Mr. Person’s invitation to send him an email regarding his post and when he took exception to her opinion, he posted a response, which in my opinion was meant to berate, ridicule and humiliate this woman. As if that was not disturbing enough, just recently Mr. Pearson took it upon himself exercising his First Amendment Rights to free speech to post every piece of information that he could find regarding the nineteen people who chose to exercise their First Amendment Rights to petition their government by signing onto the 2006 recall committee. He took this a step further and decided to, in my opinion, to insult, humiliate, ridicule, and embarrass one individual in particular by making fun of his last name.

Mrs. Labow (Cont’d): The gentleman I am speaking of is Brian Siegelwax, who is the President of the Mount Olive Kiwanis group and he has been since 2003. Under Bryan’s leadership and commitment to serving the needs of the children in our area, the Kiwanis Club has a list of accomplishments ranging from having our fundraisers, where we have upgraded three defibrillators for pediatric use at the Budd Lake First Aid Squad, we donated a pediatric defibrillator to the Budd Lake Fire House, we raised $1,600 to donate to a young mom in town who had a recent heart transplant, we ran a fundraiser to donate items to the Mount Olive Library for the children’s wing. Last week Bryan sponsored donating a few thousand books to the Library to the children’s wing. At Christmas time he asked the Kiwanian members to support by donating the new Christmas tree to the Mount Olive Public Library and so on. The list goes on. There are over 70 items on the Kiwanian website that Brian has been responsible for having our club active and doing in the past two years. Mr. Siegelwax stated to his knowledge he has never met Mr. Pearson and as far as he knows, Mr. Pearson knows nothing about him. Mr. Pearson appears to just simply disagree with Mr. Siegelwax’s choice to exercise his First Amendment Right to petition his government. As a result, on February 20, 2006, Mr. Pearson appeared to feel compelled to post on his site the definition of the word Siegelwax. Spelled, Seagullwax, in his definition he writes a strange spineless, sticky substance, similar to seagull crap in appearance and consistency that adheres to trash, ordinarily useless for anything other then being spanked by the Bill of Rights. This is how Mr. Pearson chose to define a rather upstanding gentleman in our community. My concern is how will, Mr. Pearson react to members of the Library Board of Trustees, the library employees, library patrons or members of the public who may choose to disagree with Mr. Pearson on any issue. Will these people be subject to Mr. Pearson’s form of beratement, humiliation, ridicule and judgment just because they feel they simply chose to disagree with him? Keeping this in mind, I feel it would be irresponsible for me to approve Mr. Pearson’s request to be appointed to the Library Board. Irresponsible, in the context that, it may result in innocent people who chose to disagree with Mr. Pearson, being berated, ridiculed, and humiliated.

President Greenbaum: Thank you. Does anyone else have any comments?

Mr. Perkins: Thank you, Mr. President. Thank you, Mrs. Labow, for reading that.

Mrs. Labow: You’re welcome.

Mr. Perkins: While I take exception to a lot of things that people say, I took an oath a long time ago and defended their rights to say them, and as such, it is his website, whether he makes fun of myself, or anyone else, it is by his own choosing and will completely disregard that in my vote. Thank you.

President Greenbaum: Thank you. Does anyone else have any comments? Seeing none, Roll Call.

ROLL CALL: Defeated - Mr. Tepper, Mr. Perkins voted yes
Mr. Buell, Mr. Biondi, Mrs. Labow, Mr. Rattner, Mr. Greenbaum voted no

President Greenbaum: It is defeated four to three. The next motion for discussion is Approval of Raffle Applications:

2. Approval of Raffle Application #2128 & #2129 for the Jewish Ctr. Mount Olive and Raffle Application #2130 & #2131 for the Deerpath Montessori School.

President Greenbaum: Mr. Perkins, can you move those Motions?

Mr. Perkins: Thank you, Mr. President. I move for the approval of Raffle Application #2128 & #2129 for the Jewish Center of Mount Olive and Raffle Application #2130 & #2131 for the Deerpath Montessori School.

President Greenbaum: Is there a second?

Mrs. Labow: Second.

President Greenbaum: Any discussion? Roll Call.

ROLL CALL: Passed Unanimously

 

3. Bill List.

President Greenbaum: Bill List. Mr. Rattner, could you please move that?

Mr. Rattner: Sure, I move the Bill List as submitted.

Mr. Perkins: Second.

President Greenbaum: Moved and seconded. Any discussion? Roll Call.

ROLL CALL: Passed Unanimously

ADMINISTRATIVE MATTERS

Library Board Report

President Greenbaum: Administrative Matters, Library Board Report. Mr. Prill, do you have the Mayor’s Library Board report?

Mr. Prill: No report, I did provide Council with copies of the January 11th Library Board Meeting for you to review.

President Greenbaum: Are you prepared to discuss what had occurred at the Library Board Meeting?

Mr. Prill: I was not in attendance so I would not be the person to discuss what happened.

President Greenbaum: There is one specific item on here which I have a question about and perhaps you can help me understand what this means? It is on the second page, which is the back page, under unfinished business, one, handicapped parking waiting for Council response for funding. This is an issue which was decided and discussed long ago. I had written correspondence to the Library Board indicating that we had approved the funding and that further discussion related to this issue should go through the Administration as the Library Board is a Mayoral Board and that the Administration would bring to the Council any issues that dealt with the Library in terms of funding. Notwithstanding that, obviously there was discussion of the handicapped parking which remains unfinished and there is no one here to explain to us what they mean by this comment. So I ask you, Mr. Prill, to go back to the library and to find out exactly, what their problem is in terms of not moving forward with this project. You, yourself, know that the Council approved the funding long ago and any concerns that they have with respect to the handicapped parking should be resolved between the Administration and the Library Board within the limits of the funding which was made available by the Council. Thank you very much.

OLD BUSINESS

President Greenbaum: Under Old Business, I have one item and it relates the Mayor’s appointment of Mr. Fleischner to the Library. I note that we received a legal opinion which indicates that Mr. Fleischner, his appointment to the Library Board would create an issue with respect to his appointment on the Planning Board. The Planning Board can only consist of one Class II member, an appointment to the Library Board would make Mr. Fleischner also a Class II member of the Planning Board. So Mr. Fleischner is left with the choice of either resigning from the Planning Board, Mr. VanNess resigning from the Planning Board, or Mr. Fleischner not moving forward with his appointment, with his nomination to the Library Board. So at this point we can take no action. Mr. Prill, you need to go back and resolve this issue and let us know what action you seek Council to take?

Mr. Prill: Okay, can I get a copy of Mr. Dorsey’s opinion?

President Greenbaum: My understanding, it was addressed to the Mayor and Council? It should be in your office already.

Mr. Prill: Okay.

President Greenbaum: Any other Old Business?

Mr. Buell: Yes, I would just like to thank the Chief and the Administration for resolving the issue about Flanders-Netcong Road North, probably in a better way than re-naming the road. I think that will work very well, thank you.
NEW BUSINESS

President Greenbaum: Thank you, I agree. Any other Old Business? Any New Business? Legal Matters.

LEGAL MATTERS

Mr. Dorsey: Nothing.

COUNCIL REPORTS

President Greenbaum: Council Reports.

Recreation Liaison Report

Mr. Biondi: Needless to say, everybody was a little bit upset about the Winter Festival being cancelled
but in a going forward situation everybody that was a potential participant has agreed to join us in the summer for a Mount Olive Community Day in July. That is a good thing. It cost the Recreation Committee no dollars to start it and then have to cancel it. Still waiting to redesign the Turkey Brook Park Development Committee. That is still in the talking stages. We are talking about sponsorship signs on fences which is still an ongoing subject. No decision has been made yet. Summer jobs are available through the Recreation Committee, paying jobs, also volunteer jobs at the beach. Special events that are coming up are, there is a Devil’s game tomorrow night that people are going to. Dirty Rotten Scoundrels on March 18th, Nets vs. Miami, April 1st, Jersey Boys, that is sold out sorry to say, April 22nd, that is sold out in the city. There is a Washington D.C. trip planned for April 10th through the 12th. As we discussed tonight the Criminal History record check Ordinance has been defeated on purpose with the expressed purpose that we continue discussing that Thursday at the Sports Association meeting. That’s it.

Board of Health Report

Mrs. Labow: We met two weeks ago. It was a very pleasant meeting and we discussed our regular, usual business and there was nothing extra or anything that is going on right now other than they did report that we had 599 cats and dogs for the rabies shot clinic on January 31st, I think it was, and they had ordered 600 shots so they were one shot shy....one shot extra and they were non-stop from the minute they opened the doors and they stayed a half hour extra. That’s about it, what’s going on right now.

Planning Board Report

Mr. Tepper: They next meet on the 9th. I will communicate the preferred solution to the re-naming of Flanders-Netcong Road and would like to remind everybody that Marveland Farms re-zoning request will be heard on the meeting of the 9th.

Board of Adjustment Liaison Report

Mr. Perkins: Thank you, Mr. President. Uneventful meeting. I was told one denial and one carry, everything else was approved.

Open Space Committee Report

Mrs. Labow: I am trying to think if this is....I think I gave it the last time.

Legislative Committee Report

Mr. Biondi: I believe I put in everybody’s mailbox a letter from the DOT, the new acting Commissioner of the DOT. They are currently under reorganization because everybody below the acting Commissioner has been fired. I did meet with Christie Petrides in Guy Gregg’s office. She assures me that these people are willing to work with us on this traffic problem. She expects to hear something from them this week and if not, we are going to be a little more aggressive and try to nail them, to be very honest. Okay, so far so good. So we will see what happens.

 

Pride Committee Liaison Report

Mr. Perkins: The Pride Committee is working on the new sign, billboard for the springtime. We also are getting ready for the Memorial Day essay contest and no other things to report.

Board of Education Liaison Report

Mr. Buell: Long meeting last night, 6:30 to about 10:00, 10:30 I think?

President Greenbaum: That doesn’t sound long?

Mr. Buell: The evening is so young here.

Mr. Biondi: You’re not getting overtime pay.

Mr. Buell: First of all the things that relate to the construction that relate to the town, Tim Quinn is accepting some of the material here for the Township. Although, he his accepting only a limited amount, he is accepting all that he can use. There is still additional fill material available and make sure Tim keeps his request in. The second issue related to the construction is the pump station, which is our pump station, which is a result of the wiring and I don’t fully understand this, although I did ask Turner Construction about this. It is going to cost the school about $ 56,000 to rewire the pumping station which is a concern to the school and I have asked them to keep in touch. Tim Quinn and the Administration are both aware of this issue and hopefully it will be resolved. There was a Budget Hearing that the Board of Education was having tonight to informally discuss the 2006 School Budget. From what I can gather and garner, I thought I saw Mr. McEntee in the room here tonight, it does not look good. It looks like the State has pulled back a significant amount of funding, the CAPS are going to effect us, although there is no information in terms of what the budget is.....or is that going to be announced tonight or was this just....when is the meeting?

President Greenbaum: You know what Larry, if you are going to talk, you have to come up to the microphone so you get picked up, otherwise.....

Mr. Buell: There is a meeting on the Budget, I didn’t catch the date. When is that Larry?

Mr. McEntee: There was an informational meeting tonight at the Middle School for the budget process. The budget will be discussed next month. We don’t have revenue figures and don’t anticipate having them from the Governor until about three days short of when we need them. So, that’s where we are at.

Mr. Buell: From what you said last night. I am not going to spend too much time on this. Last night there was a great deal of discussion about Mr. Lazzara’s appointment or tenure, I guess, as Athletic Director. The Board defeated that tenure, I think it was five to two, or seven to two... seven to two? They also had a presentation on the professional development program that they were working on in the school as it relates to the mentor program and also professional development. One young student came up and informed the Board last night that there was a potential, that hackers could hack into their systems up there and I think that caused the School Board to shut down the computer system of the school until they could resolve the problem. It was quite an interesting discussion from this kid. He sounded like he really knew what he was talking about. The last issue that came up that effects us, Mrs. Charles Uhrmann made a request of the Board that they not continue to allow their students to participate in the Memorial Day Parade. She is recommending that the Memorial Day Parade route be changed to one of the other seven or eight routes that are recommended for the Memorial Day Parade as result of danger to the kids. The School Board is in the process of.....or McEntee, the President of School Board, is in the process of sending us a letter informing us of the fact that they are not going to allow the kids to participate in the Parade any further.

President Greenbaum: Thank you.

Lake/Environment Issues Committee

Mr. Rattner: I don’t have anything from the Lake Committee itself. However, I still wasn’t satisfied why our lake was so high, you know the water level, however, it is going down. So I brought up my own engineer and hydrologist and they.......I wanted the answer.

 

Mr. Rattner (Cont’d): I asked a couple of people I knew, what they thought was most likely, without doing an in depth study, is the fact with all the rain we have had, with having places like the bog, the lake is a positive pressure spring that there was so much water in the mountain surrounding us and the bog was so saturated with water that regardless of how much was flowing out it was keeping the level higher and they said it could take four or five months to really find its own level if the ground surrounding it is so saturated and the water level is that high. That is what I think it is and the level is going down. You will notice the water is now not up to Valley National Bank or on St. James. It is just in the marshes in there and hopefully it will go down a little bit or we will have one helluva mosquito problem. They thought that it was probably happening since the channel was cleaned of all the beaver problems.

Safety Committee Liaison

Mr. Perkins: Thank you, Mr. President. The Safety Committee met on the 22nd. A couple of items were discussed, and Budd Lake Fire Department discussed the cisterns within the Township. They feel the Department of Public Works should be maintaining those, they should be inspecting and maintaining. The Fire Department doesn’t do any inspection or maintenance on fire hydrants and cisterns. It is there for fire reserve water which should really be handled by the Township. Used fire fighting equipment which was brought up at one our budget meetings which was unanimously voted down by all of the members there. No one feels that that would be in the best interest of the Township. The Knox Box program that we have for access into a lot of the larger store buildings, that was an Ordinance that was enacted I believe two years or so ago? Fred has to look at putting money back into the budget to the tune of about $5,000 which was inadvertently taken out. The office of Emergency Management also looked at the CERT program. Not quite sure what we would be doing with those folks, who will be responsible for them during a catastrophe, what exactly they might be able to do. They might be able to help us out bringing canteens and a rehab program. The Chief of Police reported on, right now looking at taking over the communications network from Netcong that would encompass DPW and all the rest of their radios. At that point, we also had a group purchasing discussion and we reported during the Budget Meeting, they are looking at a company called Fast n All and Mr. Detoro should be back with us, I would hope this week, on his findings on that.

Finance Committee Report

Mr. Rattner: Thank you Mr. President. As everybody up here knows and the public should know that the Council has been going over the Budget, the Finance Committee has been meeting. We started meeting a couple weeks before to get acquainted with the structure of the budget. We will be meeting one or two times before our next formal Budget Meeting, which I believe is scheduled for the 11th. Right now, probably one of the things that we are trying to key in on is the debt structure. I mean, understanding that you know where our costs are, reducing costs for the most part and reduced services. However, we are looking at the long term effect of the way we are doing budgeting so we will probably have that to discuss on the 11th when we have our regular budget meeting so we can introduce the budget which is required about 10 days later.

Economic Development Committee Report

Mr. Rattner: I missed the last meeting so I will have to get the Minutes from the Chairman and I will report at our next meeting.

President Greenbaum: Okay, that was on the same night as our Council Meeting on BASF?

Mr. Rattner: Yes.

President Greenbaum: Mr. Stefiniw is here, did you want to give us an update, or would you rather....

Mr. Stefiniw: I will pass the Minutes on to Steve.

President Greenbaum: Thank you.

Solid Waste Advisory Committee Report

Mr. Tepper: Meeting will be on Thursday and I will report at our next meeting.


PUBLIC PORTION

President Greenbaum: Thank you. At this point in time I will open it up to the public for anyone who wishes to talk. Mr. Pearson, if you would come up and state your name and address for the record please.

Rob Pearson, Budd Lake: You know I was thinking about what to say after I heard Colleen’s stellar speech, about my website and the funny thing is, I already knew you were going to say it, so I prepared for it Colleen. This is what I want to say, when Council people in this Township are inducted into office, they take an oath. I do solemnly swear that I will support the Constitution of the United States and the Constitution of the State of New Jersey, that I will bear true faith and allegiance to the same etc. etc. How about a reminder, first Amendment of the Constitution says Congress shall make no law abridging the freedom of speech or of the press or of the right of the people to peacefully to assemble and to petition the Government for regress of grievances. The New Jersey State Constitution says every person may speak freely, may freely write and publish his sentiments on all subjects. No law shall be passed to restrain or abridge the liberty of speech or of the press and you know Colleen, when you said all those things about my website which by the way you are my best and top advertiser, thank you by the way.

Mrs. Labow: You’re welcome.

Mr. Pearson: I was reminded of something General Colin Powell said, an American hero, a veteran, a patriot, former Secretary of State, and a Republican. He said the following once, he said free speech is intended to protect the controversial and even the outrageous word and not just comforting platitudes to mundane to need protection. For you Colleen, as an elected official who took an oath, to take a citizen’s free speech, a website which has nothing to do with the Library Board or my appointment to it, is reprehensible and despicable. For you to take a non-public website and my freedom of speech as a citizen in the Country and use it against me as cause to vote no is also despicable. You don’t like the fact that I speak freely in political opposition to you, any of you? Too bad, that is my right to do it, and people like Mr. Perkins fought so that I could keep it, so that we could all keep it. In a movie a few years ago, a character that played the president said, you want free speech? Let’s see you acknowledge a man whose words make your blood boil, who standing center stage and advocating at the top of his lungs that which he would spend a life time opposing at the top of yours. Try that out, put that on for size, because you know what at the beginning of every Council Meeting you salute that flag and after you salute that flag there is a moment of silence in honor of the people who are fighting for the cause of democracy. People who are fighting to make sure that free speech, even the outrageous, even the controversial, stays protected in America. So try something else Colleen and for everyone, all of us, you can do more than a few moments of silence. You can honor a citizen who opposes you, you can honor a citizen who says outrageous stuff and that is what you should do because when you berate someone like me and any other citizen who has the right say what he says, in any fashion, in any capacity, controversial or outrageous, when you do that, you dishonor the men and women who are fighting, being hurt, being maimed and dying for my right to speak freely. Try that on for size and see how it fits. I doubt the britches will fit on you, Colleen, and I say shame on you and shame on your pettiness. You want to know something, I will continue to exorcize to free speech and Mr. Perkins, thank you very, very much for reminding all of us, that my website, my non public website has nothing to do with my appointment to the Library Board. Shame on you Colleen, and God Bless America.

Bill Sohl, 29 Netcong Road, Budd Lake: I wasn’t going to say anything but Mr. Pearson has taken the opportunity to exercise his First Amendment Rights. I, too, have a past history of being in the military and I honor anybody’s right to say whatever they want but there are responsibilities and repercussions that come with what we say. It is not a blank check. You can say anything you want but just somebody as somebody who was put up for nomination at the Supreme Court level is cross examined and asked about his or her beliefs, what they have said, people have and, in fact, do vote no for those very reasons. You have a responsibility. Accept it.

Howie Weiss, Flanders: Ordinance #8-2006, I was looking it over, a little confusing. I will tell you what is confusing about it. Do you all have it in front of you? The Ordinance starts off really simple and just talks about the penalty phase for false alarms and it is pretty straight forward. Talking about the first false alarm will receive a warning. Item # 2 says the second false alarm will receive a penalty of $100.00 and #3 says the third false alarm will receive a penalty $150.00 but then it jumps down to #5 and then it singles out a single family residence and the fines associated to that person. The confusion comes in, is that we never really pointed out who qualifies for the first set of penalties. So as I was reading it I was wondering, like who does the first set of penalties apply to because #5 says that the penalties in that section are for owners of single family homes.

Mr. Dorsey: They apply to everybody accept single family homes.

Mr. Weiss: It doesn’t say that though?

Mr. Dorsey: It does by inference.

Mr. Weiss: Okay, I suppose so....

Mr. Dorsey: I mean obviously it can be changed.

Mr. Weiss: Okay, I was just looking it over and....

Mr. Dorsey: That is the answer and that is the way it is enforced in Mount Olive. It could have been said better.

Mr. Weiss: Okay, I was just a little confused.

Larry McEntee, 22 Aldersgate, Budd Lake: Just a couple things Mr. Buell, so they understand. The JCPL connection, the Board has decided to put utilities underground and it was a recommendation of the Planning Board. Because of changes, JCPL will not put the poles where we needed them to go. So we decided to go back underground instead of putting them in the middle of the new vista, the new building and that we finally got answers to, thanks for the help from the Government Liaison who came through Council President’s connection. We appreciate the help in getting us answers but what we found out when we put them underground, the last two poles actually belong to the Township and that is where it services your pumping station and we are not allowed to put them underground anyway unless, you may have to give us permission. We are looking at the least expensive way to doing that. We may run the power from the building instead of a separate service and we will be coming back to you for some kind of recommendations, or help if we need it, when we figure out the best way to do that. So it is only the service that extends our lines further to the pumping station behind the building. It makes sense to put it all underground instead of coming back up above ground again that is the problem with that.

President Greenbaum: Obviously, Larry, anything within reason that the Council can do to help the School Board to accomplish the construction at the High School, we stand behind your project.

Mr. McEntee: We figured until Turner got it finalized it was a little premature to bring it to you but we will bring it to you as soon as we know a little bit better and we appreciate the help on that. The statement that we voted down tenure is not correct in a sense. The Board voted seven to two to approve the recommendation of the Superintendent not to extend tenure. Understand, it is a big difference. We don’t operate, the Board of Education operates under different guidelines. We approve or disapprove recommendations of the Superintendent. We don’t create our own motions in that sense. It was a seven to two vote in favor of the Superintendent’s recommendation that we approved last night. The website back door has been closed. It was a problem in a sense that it was a password problem. In the sense, people were not changing their default passwords. We are still looking at things because in our efforts to provide information to our parents so they can see grades during a semester and see progress reports and homework, it has become a web based thing but we are using new software this year so we are still addressing those issues and trying to move sensitive data so that way if people do get in they can’t see anything they are not supposed to. People are concerned about social security numbers and pictures and stuff like that and we are taking steps to correct that also but they did secure that and it was secure last night before we left the meeting. The last thing is, as far as the parade is concerned, Mrs. Uhrmann didn’t ask us not to present the students to the parade, she asked us just to make sure the students knew what their rights are and that they didn’t have to march and what their responsibilities were. The Board had a long discussion about it and we don’t want to show any disrespect for the parade because many years ago when I was on the Board, when we instructed our band to attend it and we still want to be part of it. The Board has instructed me to write a letter to the Council saying that, not we won’t participate in the parade, that as long as it is on Route 46 with traffic traveling next to it we will not participate. If they are successful in shutting down Route 46 or moving it to an alternate route, we will be happy to support it and send our students. We don’t feel it is safe, we had letters from the Chief of Police and also from ex-Mayor Licitra, that stated reasons. I for one, have never let my kids march in it since I marched in it in 1987, driving a fire truck and almost having a near situation. We felt it was unsafe and the Board unanimously approved that. We will be part of the parade anytime and if they can secure Route 46 with no traffic on it, we will be there and we will be back if it is a different route.

 

Mr. McEntee (Cont’d): That was the Board’s discussion. By the way, it was very difficult because we don’t want to show any disrespect for the parade and we think it is a tradition and I think that Miffy Ruggierio made it very clear it is something that we want to be part of, and we just are not going to put our student’s safety second.

President Greenbaum: I know for a fact that there is nobody who wants....anybody involved in this issue it is not an issue of lack of respect either for the parade or the reason for the parade or for those people who have generously throughout the years given their time to organize and to actually put the parade on, it is simply an issue which needs to, people think, needs to be addressed.

Mr. McEntee: The Board considered that we go to the Chief of Police for many things, for busing safety, for route safety, for locking schools and we have an opinion that it is probably not safe to be on the highway. We find it difficult to go against that and then many of us feel it is time to maybe try to get the State to close it down completely or get it off the highway and that is where we are at. Thank you, I appreciate it.

President Greenbaum: Thank you. Is there anyone else from the public who wishes to be heard? Please state your name and address for the record please.

Charlie Uhrmann, Jennies Lane: This is, it is a difficult subject, and I am glad that it is finally being broached. The first thing I want to begin is, if anybody knows me, they know that I absolutely love our military and I appreciate everything that they do and I have proposed some certain things for this Township. The Memorial Day Parade by far is the most important event our Township can celebrate and the people who have put this parade together should be honored because this is a good thing, there is nothing bad. When my son was working on an Eagle Scout project, he had decided to do something unique for the Town and to give a gift of a formal flag burning. During this time, I was approached by several people on the Historical Society that I was backdooring them about a parade and a monument and I can assure you, I did not know what anybody was speaking about, I was backdooring what? What parade, I had no idea. Then it provoked me to look into it, finding out that there has been information that has been readily available to this Township, that the State of New Jersey would like the parade to....for the Parade Committee to find an alternate route. They have deemed Route 46 and the conditions unsafe. Last year they basically stated, this will be your last year. Chief Katona, I have done some OPRA’s and Chief Katona, I believe feels the same way. When I approached the School Board, it was basically stating that if this continues because they are making it mandatory that these kids march, the parents have a right to know the position of the State and the Township Chief of Police and other people. This is not to cause any problem but the fact of the matter is we must keep our children safe. This is not a political issue. It is not a favorite son and daughter issue. It is basically a very unpopular issue but it is an issue I am willing to take on. I am taking the bull by it’s horns when it comes to the safety of our children. We have been given, to my understanding, we have seven alternate routes. I understand that the Memorial is on Route 46 but that’s.....ending a parade there, although I respect the tradition, one mistake, one accident will completely ruin everything good about this parade. It is preventative that’s all. The only reason why I got involved is because a few of the Parade Committee people got me involved. They accused me of things I didn’t even know what they were talking about but then when I looked into it, I realized that this is not safe. I believe with my heart and soul, I called 40 separate different families who were involved directly in the parade, none of them, they are all afraid. They don’t like the conditions. They want to participate. Everybody loves the fact that they are marching in a Memorial Day Parade. They hate the fact that it is on Route 46 and I don’t think that this is an impossible problem that we can’t find a solution to because I have spoken with Chief Katona and he said there are alternate routes, so we need to always ensure the safety of our children. That is my stand, it is not a political one, it is not to get beat up, it is not to get all the phone calls, you know ole Charlie Uhrmann did a presentation to the School Board and misconstruing my message to the School Board. Thank you Larry for clarifying, I just felt that if the State has a stance, the Township has a stance, which the parents have a right to know, you march at your risk, that’s all. I thank the people who put on this parade. I honestly think it is such a noble act but we have to get to the nuts and bolts of this and it has been deemed unsafe. That is my only request is that we think about this, seriously. We just maybe need to find a new route and I would do anything to help to make this possible to keep the participants safe. We had one boy I asked, he could just make a comment, he was a first year band student, he was at the edge of the band marching and he said I was scared. I was at the end of the band and I was afraid a car was going to hit me. This boy is only 14 years old, I don’t think that we should make the children afraid to march in a band and that is all I have to say but if I offended anybody I do apologize but I feel very strongly about this issue. Thank you.

President Greenbaum: Thank you very much. Coming up as a group? Everyone state your name and address for the record please, one person talking at a time, if you would be so kind?

Linda Sohl, Budd Lake, New Jersey, Bill Sohl, Budd Lake, New Jersey, Thea Dunkle, Flanders, New Jersey:

Linda Sohl: Let’s first state, that this parade has been in existence since 1985, through three plus Administrations. There has been many talks with Ray, Thea, Bill, myself and Jim Lynch about possibly diverting the traffic off Route 46. We even brought this up again in January with the Chief. We had a phone conversation with the Chief of Police. He says it can’t be done. Bill and I said, why can’t we, as soon as we get to Route 46 there, have the police stop the traffic and have them go up past Ace Hardware around past the Academy down past Vasa Park, it is really only a mile and a half out of their way for an hour’s time. We have brought up the subject of maybe even starting earlier you know 9:00 vs. 10:00, got nowhere. I find it very strange that Mrs. Uhrmann has not even approached the Parade Committee and it has got to be done through hearsay. Thank you.

Mr. Sohl: I think my wife quite eloquently voiced the position. Again, we are as concerned as anybody relative to the safety. If I thought for a heartbeat that there was a danger here, we would stop it but we have again a history and in fact, we, and Ray I think, we have asked previously for some empirical data for parades anywhere, in terms of the danger and have not gotten any feedback to the contrary. So again, I am sure I will be portrayed as being ill caring towards kids etc. I have got three kids and now a grandson. They have all gone through the parade. I can’t account for individuals who on a one on one basis may have a certain fear but again we have offered Chief.... did we not offer suggestions? I have never heard of six or seven alternate routes by the way. So if there is a list of those and a map, I have never seen them, and again Struthers Mathews said in Cool Hand Luke, what we have here is a failure to communicate and my wife and I started the parade with several Administrations back. If people want and have concerns, why don’t they start here? We are willing to work towards a solution if it is that much of an issue. Again, I think it has not been that much of an issue. Again, I can’t account for everybody. Individuals have their own fear levels. We all take a risk as soon as we walk out of our house. Those of us who have put school kids on the street waiting for buses, the danger to a kid sitting or standing at a bus stop is probably far more greater than it is potentially to kids in a parade but again, lets look to a solution here and again I am concerned again about a lack of communication. We just simply have not been involved and brought into the loop. Thank you.

President Greenbaum: Let me just jump in here before you go, Thea. While the Council Meeting presents a platform for having views with respect to this issue which I am certainly not going to stop you from doing, Council really doesn’t have any say.......

Mr. Sohl: I understand.

President Greenbaum: In terms of the parade route or anything having to do with the parade. That is not funded by the Council. It really is an Administrative scheduling issue and ultimately, the Mayor’s decision, having said that, Thea you have something to add?

Mrs. Sohl: I just have something, one other thing. I just find it really strange also that three months before we are due to have the Memorial Day Parade, all of the sudden Mrs. Uhrmann has to come up with the 11th hour. It would have been nice if she had these concerns back in the fall that could have maybe sat down and worked something out and sat down as a committee. Now if all of the sudden the Mayor decides that the parade is not going to be on. I think it is very un-American, especially in a time of people fighting over in Iraq. That is all I have to say, thank you.

President Greenbaum: Thank you. Thea did you have anything you wanted to add?

Mrs. Dunkle: I take offense to Mrs. Uhrmann’s comment about the Historical Society backdooring this project. My first thing with this was her son’s Eagle Scout project. I wrote a letter to Council just stating I would like to be informed when the subject would be brought up. She was informed, she called me we had a quite in-depth conversation. She asked if she could come present to the Historical Society. I lined up eight people to come on a Sunday. Next thing I know, I’ve got....I get back with her if we are on? She says, no, she is taking the project somewhere else. I said that’s fine, I am sorry we couldn’t work together. At that point, I informed her that there were concerns about the parade and the possible movement of the monument, which there has been numerous discussions but again, we have sat, where do you end the parade, where do you re-route the parade. We have asked for reports of any incidents along the parade route in all of the years it has been there.

Mrs. Dunkle (Cont’d): We have never gotten anything completed. My concern was if the monument had to be moved, where it would be moved and how that would impact the parade. I had never spoken to her about that before this time that I had found out about this project. The Historical Society, really the only involvement in this is currently taking care of the monument that is there now. We still take quite an interest in it and want to make sure that where ever it goes that it is respected and that is all I have to say.

President Greenbaum: Thank you, Mr. Lata did you have your hand up before?

Walter Lata, 34 Budd Lake Heights Road, Budd Lake: Just a few things I would like to mention tonight. It disturbs me quite a bit that the Council treats employees that have been terminated differently. When I came in front of the Council last year with a pamphlet and gave everyone of you a pamphlet of my concerns and how I was treated, how long I have been in this Township, how long my family has been in the Township, nobody said nothing. I doubt very much all of you even read it. Maybe one or two of you might have read it. What disturbs me is I read in the papers that you’re investigating the termination of the Building Inspector and you want to get him rehired. This gentleman has only been working for the Township for four years. I worked for the Township 18 years I put more of my life and hard work into the Township and you give him more consideration than you did me. I feel that I am being discriminated against. You treat him differently then me. He also belongs to the association, he also had to go through the same procedures I did but you also chose to investigate his termination and would like to see him get reinstated back into his job. Also and since my termination, there has been another gentleman in the Road Department that was out on disability. I know my disability was a case of depression it wasn’t a physical injury or anything. This gentleman had a physical injury. I was also treated differently in regards to, two months into my disability which was in my pamphlet that I gave everybody, I was notified that they didn’t know how long that my job was going to be held for and that if I am well enough to get up and go to the bathroom that I am well enough to come to work. This gentleman had a physical disability and nothing was ever said to that gentleman. He was out over a year. Also, I would like to inform the Council that I had filed a complaint against Mr. Quinn with the Ethics Board for using Town equipment for personal use. One of the times I had approached the Council about concerns of how Township money has been spent, I brought up the problem with having certain individuals use Town vehicles to drive to and from home. Nothing was done about that either but yet I hear that everybody in Council lives in Mount Olive Township and they care how the money is being spent. Well, apparently, that is not how I see it because if that is how everybody feels then something would have done or would have been looked into and nothing was done about it. Also, any things that I brought in front of the Council that was directed to the Administration to look into as far as detention basins and things like that, nothing was ever done. I got lame excuses or no answer at all. The Ethics Board has given me more consideration then the Council. My interpretation of the Council is when we vote you in, you are there to make sure that the Town is run in a good way and oversee how the spending is and how supervisors treat people and I guess I had a misinterpretation of it because I have been told that is not the meaning of the Council. Also, I don’t mean to back up but I just remembered it, when I had come before you, when I had my concerns about when I was terminated, I was told that the Council doesn’t get involved with things like that. It is an Administrative issue and that they can’t do anything about getting my job back. Or firing or hiring, that it is the Mayor and if the Mayor chooses to remove someone from their position, that person would stay there until they find somebody to replace him. If I remember correctly, Council terminated the one Administrator before they had anyone to replace him and I believe Chief Katona filled in until they found someone. I feel I have been deceived and not been truthful with and it upsets me that you treat somebody like that. Especially somebody that has been in this Township as long as I have and my family and what I have done for this Township not only in the Road Department but my service in the Fire Department and the First Aide Squad. If it wasn’t for my three wonderful children, believe me I would sell my house and move out of Mount Olive Township because everyday you see something in Mount Olive Township in the paper and it is not good and disgusts me.

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

COUNCIL COMMENTS

President Greenbaum: We are up to final comments. Mr. Prill do you have anything this evening?

Mr. Prill: Nothing further.

Mr. Tepper: Yes. I also attended the Board of Education meeting last night and was somewhat surprised to hear that the Chief of Police and the former Mayor both recommended the parade route be moved from Route 46 for safety reasons. I believe we all believe that the safety of the parade participants is of paramount importance. I also agree with what Miffy Ruggiero said that it is one of the few things that are left in the town from a historic perspective given that many of the buildings and other things have been removed and that the parade has a lot of meaning to many individuals within town. So I certainly hope that all involved can work together to possibly try to save the route by closing Route 46 and if that is not available that they can at least work together to have a parade this year, whether it is on Route 46 or elsewhere.

President Greenbaum: Thank you. Mr. Buell.

Mr. Buell: Nothing.

Mr. Biondi: Nothing.

Mrs. Labow: Nothing.

Mr. Perkins: Thank you, Mr. President. Just briefly, I am going to hit on the Memorial Day Parade only for a couple of reasons. One because I am a veteran, two, I have been on the Memorial Day Parade Committee I guess, for the past five years. Before that I guess I escaped and nobody bothered me. What I want to do is go back, I moved into the Township 1986 and I believe it was 1988 or 1989, Mr. Phil Garber, Editor for the Daily Record... Mount Olive Chronicle, I’m sorry had his office right next to where the old Municipal Building used to be, asked me if I would come in and do an interview with him, on the Veteran’s Memorial out there, which was quite over grown, un-kept and there just wasn’t much happening. There was a parade but the place really looked pretty bad. So yes, I got up there and gave him a lengthy dissertation about why I went and what I did and why I felt it was important for me to do that. Every year subsequent to that, I was fortunate enough to be able to come down to Nick’s Tavern and meet at about 9:30 and walk that parade route in honor of all my fellow brothers and sisters who had been taken away from us during the times of war. My son, when he was old enough to walk, walked that parade route with me, a lot of my neighbors have walked that parade route. Is it safe? Is it unsafe? I am not going to be a judge of that. I’ll bring up the DOT because boy they are really good friends of mine and a few years ago we had a permit that had some verbiage attached to the back of it that talked about not being able to use Route 46. Much to my chagrin I contacted Trenton, contacted Mount Arlington, and came to find out that was not the case. They would permit us to utilize Route 46. They would prefer that anyone doing parades on the highways look for alternate routes but they, in no fashion shape or form would prohibit that parade as evidenced by the mere fact that Budd Lake Fire Department who was then getting ready to announce on 75th Anniversary was already looking to make application and the State was already aware of it and was going to grant them permission to use Route 46. So after speaking to them, I had asked them if they would be kind enough to send a letter to that effect to me and then I dropped that request because I just felt that it was going to be non-productive. We are in discussions among the Council here about what to do with the old Municipal Building and inevitably, if we would have to relocate the monument and so we had been brought some options, I believe it was last year, on different parade routes. It was a very cursory quick run over of a few that might be offered and some people had some opinions. A lot of us had the opinion that we would be moving it away from an area where residents of Mount Olive have become very accustom to this. It has been well over 20 years, I am sure that these people on Sandshore Road and Netcong Road like to see those people marching every year. The School Board, I can understand their position, I believe the only people that come from the school that would be affected unless it is by choice of their individual parents would be the marching band, which if they were away they didn’t show up anyway and we pay them to come. If they can’t make it, Larry, we would love to see them, they are a fantastic bunch of kids, but we understand the concern of the Board. We will have to live with that. My main concern now is what are we going to do for this Memorial Day? Is there going to be a parade? The last three years our Department of Public Works has utilized the Manual on Uniform Traffic Control Devices, used channeling devices very appropriately and closed two way traffic on the east bound side of Route 46. In the past three years I can honestly tell you that I felt a lot safer than I did first couple of years that I walked in that parade. I am not aware of any empirical data that anyone can present to us or ever has presented to us that has given us one indication that there has been any accidents or maiming or injuries during the time of that parade which runs from 10:00 to 12:00 o’clock. Of course, if there is any, then I will eat my words. I want to end very quickly because we will need to go off this and again it lies with the Mayor and I think we all need to work together with it and as Councilman Tepper has said. Just a few things Mr. President, please just indulge me.

Mr. Perkins (Cont’d): I decided to take an article off the website. When Memorial Day was More Than Just a Three Day Weekend and I didn’t go through the whole article because it is too lengthy but In “1992 for the first time in 20 years, a Memorial Day Parade was held in Detroit. Sponsored my the Montford Pointe Detachment of the Marine Corps League, and the parade honored Military Veteran’s and Police and Fire Fighters who gave their lives for Country and Community. Said Parade Committee Chairmen Eugene Owens: “It’s been a long time since Detroit honored its Veteran’s, so we decided it was time to do something about it.” From the Revolutionary War, to the Persian Gulf War an estimated 1,140.000 Americans have died on Military duty. Detroit Police Chief Isaiah McKinnon, grand marshal of the 1995 Detroit Memorial Day Parade told the Detroit News: “The community should support active duty and fallen Veteran’s. There are time honored traditions we, as a community, must adhere to. It’s important to us as a community, State and Country to show the support for all the individuals who have served, and especially those who have made the ultimate sacrifice.” In closing, Mr. President, there is a final salute in my latest addition of VFW Magazine, of which I am a member, and it says, ”A final salute the magazine presents this Memorial listing and tribute to the 59 Americans killed in Iraq and Afghanistan since the dates listed below.” The dates are from November 24th to December 28th, we lost another 59 Americans. That is why we march in this Memorial Day Parade ladies and gentlemen, thank you.

Mr. Rattner: I have no comments.

President Greenbaum: I am going to end the meeting on a light note. With respect to the parade, whether it is kept on Route 46 or moved elsewhere, I believe that fireworks would really make the....inaudible.....Motion to Adjourn.

ADJOURNMENT

Motion was made and seconded, all in favor and none opposed, the meeting was adjourned at 9:45 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 April 11, 2006.

 

 

_______________________________
Lisa M. Lashway, Township Clerk

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