Mt. Olive Township Council Minutes
November 9, 2004

The Regular Public Meeting of the Mount Olive Township Council was called to Order at 9:52 pm by Council President Rattner, following a Workshop.

OPEN PUBLIC MEETINGS ACT ANNOUNCEMENT

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

ROLL CALL Present: Mr. Buell, Mrs. Labow, Mr. Mund, Mr. Guenther, Mr. Perkins,
Mr. Greenbaum, Mr. Rattner
Absent: None

ALSO PRESENT: Mayor De La Roche; Bob Casey, Interim Business Administrator; Sherry Jenkins, CFO;
John Dorsey, Township Attorney; Lisa Lashway, Township Clerk; Ed Katona, Police
Chief.

PUBLIC PORTION

President Rattner: The first item we have on the agenda, we have our optional public portion, at the beginning of the meeting. Is there anybody who would like to address the Council at this time? You will get another chance at the end of the meeting and on the individual resolutions and on the public hearing on ordinances. Yes sir.

Nelson Russell, Budd Lake: Two items on the Bill List. The first one is on page 2, the bottom of the Escrow accounts, $17,000 to Mount Olive Township. We’re writing checks to ourselves?

Ms. Jenkins: That’s to transfer interest, we have to transfer interest from the Escrow account, that’s the Township’s, over to our main operating account.

Mr. Russell: You can’t do that by voucher, you have to write a check?

Ms. Jenkins: No, not the way the escrow system works, via Commerce Bank, we have to actually cut ourselves a check. Okay.

Mr. Russell: Okay. And then the next one on page 8, the bottom item going over onto page 9, all of these toilet rentals for school. Don’t the schools have toilets, I mean, are we renting….

Mr. Casey: That’s the summer recreation program for playground activities, the toilets are out there during the summer for kids to use.

Mr. Russell: Thank you.

President Rattner: Anybody else from the public like to address the Council at this time? Seeing none, I’ll close the public portion and open up to the Council.

Questions on Bill List?

President Rattner: Any questions on the Bill List?

Mr. Buell: Yes, 042330, the meter…that unmetered water, based on some sort of a pool permit? Just a question in terms of a…..

Ms. Jenkins: There’s a difference in the rates and they paid for one type of water, and it should have been another, that’s why we’re refunding them the difference.

Mr. Buell: How does that work? I mean, they fill up the pool and they get unmetered water, that’s what I read on the invoice. Well, let me….that’s alright, if you could just give me an answer….

Ms. Jenkins: I know it’s on here, I’ll pull it out for you.

Mr. Buell: Okay.

Mr. Greenbaum: Can it be filled from a hydrant? Is that why it’s unmetered? I know that you can fill a pool from a hydrant, you can make arrangements with the township to fill a pool from a hydrant and, therefore, it would be unmetered water, but you know what the amount of water is, because it’s related to the size of the pool.

Ms. Jenkins: The problem is, they had made a couple of appointments, this is my understanding from my staff, they had made a couple of appointments with the township and we were to arrange that process and it wasn’t able to be done, so they wound up filling it themselves. So, they’re looking for the difference back in the….

Mr. Greenbaum: Oh, I see.

Mr. Buell: On page 5, 042283, reimburse…..$100 for reimbursement for Mayor’s trophy? Just a question, I would like to take a look at the results, I know we’ve advertised in the Daily Record and the Star Ledger for a Municipal Engineer 040320. I would just like to see the results in terms of the…what kind of applications we’ve gotten from those two sources.

Mr. Casey: Very few.

Mr. Buell: I would suspect, and that’s the reason why when I saw $1,300, I think, total for that….you know, there’s a better way of doing recruiting. As I said, I would like to see what we got out of that. The $100 for the Mayor’s trophy, I didn’t know that we…..I think that’s a misuse of township funds, if that actually came from the township.

Mr. Greenbaum: Was that for the band competition?

Mr. Buell: Yes.

Ms. Jenkins: We reimbursed them for a trophy. I did speak to Gary about this whole concept of, you know, donating money versus reimbursing them, and I did work through that with him.

Mr. Greenbaum: Right.

Ms. Jenkins: We’re not physically donating money to them, because that was my concern. My understanding, from Administration, is that we were reimbursing them for this particular trophy.

President Rattner: Wait a minute. These trophies, just like each one of us purchased, and we put on everything, you know, just like everything else that we give the money for all the different groups, we put on it “not paid for…..paid for with private funds.” Was this put on there, that it was paid for….I guess what the question is, with public funds? This was a donation just like, you know, we give to the football boosters and everything else, which has never been part of our budget and I would think that would be a policy decision, if we are going to start using taxpayer’s money so an individual can make charitable contributions to people…what they like. I think at least five of us bought….maybe more….trophies and we’ve done that every year. I mean, everybody has always done that. We also purchase ads in…you know, every journal and everything else and it’s always our personal money, in fact, it’s….and everything we’ve ever done, that’s part of what’s putting on there, and if we’re going to start giving money like this, I think it should be a policy decision whether we’re going to use taxpayer monies to make charitable contributions, where does it end? The next group that comes…well, you gave it to one, you know, on a personal basis, we can explain it if it’s taxpayer’s money. I think they have a right to ask how come you give it to some groups and not others.

Mr. Buell: I agree, I think it’s unending.

President Rattner: I don’t know….we also look back, was this ever done before? I don’t think we’ve ever made charitable contributions like this.

Mr. Buell: In my year of reviewing the bill list, I’ve……

President Rattner: No, I’m saying even previously….you know, in the last 16 years. Anyway….

Ms. Labow: Sherry, did that ever happen….

Ms Jenkins: You know, it’s funny, when I was researching something for the Economic Development Committee, we did have that one donation for the…a save Dover General Hospital, it was for a coalition for $1,500. That went back, I think, to one of my first years here, maybe 2000 / 2001, it was done by resolution.

President Rattner: That was done by resolution, because that’s a policy decision, we can’t spend…..

Ms. Jenkins: Yes, done by resolution.

Ms. Labow: Yes, but I’m talking about for the Mayor….

President Rattner: That wasn’t where unilateral, where you can just make…..

Ms. Jenkins: I don’t want to say yes or no at this time. I don’t think so, but I can check…for sure.

President Rattner: Does anybody else have anything on that right now? I mean, we brought it up, let’s not talk it to death. Okay, we have minutes…..that means everybody else is going to approve the Bill List?

Mr. Greenbaum: No, that’s not necessarily true.

Mr. Buell: Except for that item.

Ms. Labow: Except for that item.

President Rattner: Well, if you’re not, you have to have questions, because you’re not going to ask it at the end.

APPROVAL OF MINUTES OF PREVIOUS MEETINGS

September 28, 2004 Present: Mr. Buell, Mrs. Labow, Mr. Guenther, Mr. Perkins (7:50),
Mr. Greenbaum, Mr. Rattner
Absent: Mr. Elms (Resigned)

October 5, 2004 Present: Mr. Buell, Mrs. Labow, Mr. Perkins, Mr. Rattner
Absent: Mr. Guenther, Mr. Greenbaum, Mr. Elms (resigned)

October 26, 2004 CS Present: President Rattner, Mr. Guenther, Mr. Buell, Mrs. Labow, Mr. Mund, Mr. Greenbaum
Absent: Mr. Perkins

President Rattner: Approval of Minutes for previous meetings – we have the September 28th, October 5th and the October 26th Executive or Closed Session. Mr. Buell, would you move them?

Mr. Buell: I move the approval of the Minutes of September 28th, October 5th, and October 26, 2004.

Ms. Labow: Second.

President Rattner: Any questions or discussion? Roll Call.

ROLL CALL Passed Unanimously, except Mr. Mund abstained from September 28th and
October 5th, and Mr. Guenther abstained from October 5th, and Mr. Perkins
abstained from October 26th, and Mr. Greenbaum abstained from October 5th.

CORRESPONDENCE

LETTERS FROM RESIDENTS / ORGANIZATIONS

1. E-mail received October 28, 2004, from Maggie Mitchell regarding Mount Olive Child Care and Learning Center.

RESOLUTIONS, ORDINANCES, CORRESPONDENCE FROM OTHER TOWNS

2. Ordinance received October 25, 2004, from Township of Chester regarding Land Use.

3. Letter received November 5, 2004, from Ralph DeFranzo (Washington Township) regarding the new DPW Garage and Facility.

DOT / DEP / LOI

4. Letter received October 28, 2004, from State of New Jersey, Department of Environmental Protection regarding Seneca Farms Block 900, Lot 39 (230 Smithtown Road, Budd Lake)

5. Permit received October 28, 2004, from State of New Jersey Department of Environmental Protection regarding Ironia Road for a Stream Encroachment Freshwater wetlands permit.

LEAGUE OF MUNICIPALITIES

6. Letter received November 4, 2004, from New Jersey State League of Municipalities regarding 2004/2005 Mayors’ and Governing Body Seminars.

MISCELLANEOUS

7. Newsletter received October 27, 2004, from Council on Affordable Housing regarding COAH proposes new rule on extended substantive certifications, Substantive certifications, Ocean County Amends Rehabilitation Program Guidelines, and Public Hearings on COAH’s repurposed third round rules.

8. Notice received October 28, 2004, from the Environmental Joint Insurance Fund regarding Date Change for NJ Stormwater Pollution Prevention Planning Workshop.

9. Letter received November 1, 2004, from New Jersey Department of Labor and Workforce Development regarding New Jersey State Data Center 25th Annual Conference.

10. E-mail received November 1, 2004, from Government Connect regarding November 1st update.

UTILITIES

11. Fax received October 29, 2004, from Comcast regarding HDTV Channel Changes.

MORRIS COUNTY

12. E-mail received October 27, 2004, from Morris county Chamber of Commerce regarding reception and discussion.

President Rattner: Okay, now we move on to correspondence. We have a light…..it’s two weeks and we only have twelve items of correspondence. Anybody have any questions or comments on the correspondence?

Mr. Guenther: Well, I don’t see it….oh yes, here it is, letter number three from Ralph DeFranzo who is a member of our Planning Board, he’s also been DPW Director in Washington Township for I don’t know how many years, and resident of the township for 32. Again, just a comment again regarding the DPW building, and not to keep piling on the same issue, but having such a resource living in our town, and that kind of expertise available, it’s a puzzle to me that the Administration and Mr. Elms, who was in charge of that project from the beginning, wouldn’t have consulted with Mr. DeFranzo.

Mr. Buell: Just a question, in that same light, Mr. Swayze, who was here this evening, also sent us a letter on the DPW garage, which Mr. Guenther responded to the Administration, to all of us, I was wondering why that was not put into the list of correspondence in terms of both your response and Swayze’s letter. Shouldn’t that be part of this correspondence package?

Mr. Guenther: Or is it maybe it might have been done a couple of weeks ago?

Mr. Buell: Well, it was October 28th that you sent your e-mail.

Mr. Guenther: Was that the date of my response?

Mr. Buell: Yes, to Administration, Rattner, Greenbaum, and the rest of us.

Mrs. Lashway: Was I copied on it?

Mr. Buell: Aha, aha, there you go….yes, you were not.

President Rattner: Then it didn’t come into the Clerk’s office.

Mrs. Lashway: That’s why it’s not listed.

Mr. Buell: Okay, because I expected that to be in this package. Can I submit that?

Mrs. Lashway: Sure.

Mr. Buell: Because it has interesting information. Mr. Swayze is an engineer who has engineered these types of garages. It gives us, again, some parameters, it raises a lot of interesting questions in terms of what should be and what should not be and I think that we should all consider that as we…..

Mr. Guenther: Plus he, again, also offers his services.

Mr. Buell: Yes, and I would hope that Administration would take that into account as they go forward with this.

President Rattner: Well, I think one thing we have to remember and I think Mr. DeMaria, of everything that he said, I think what was the most important and the most relevant, was his triangle, saying yes, there’s a lot of things you can do, you have quantity, you have quality, you know, you have the functions and it depends where you go, it’s like anything else you buy. I mean, you could go to Walmart, you can go to Macy’s and buy the same things, different quality and that type of thing, and it’s what you really need. You can buy a Mercedes at $100,000 or a Chevy at $20,000 and they’ll both get you to the same place. Okay, are there any other questions or comments on any correspondence?

ORDINANCES FOR PUBLIC HEARING

President Rattner: We’ll move right along to the public hearings. I open up the hearing to the public on Ordinance #13-2004, entitled:

Ord. #13-2004 An Ordinance of the Township of Mount Olive Authorizing a Revision to the Code of the Township of Mount Olive, Part IV Land Use Procedures, Chapter 400, Land Use: Article IV Site Plan and Subdivision Review and Plat Details Section 400-32, Subdivision Review. (Sewer and Sewer Systems)

President Rattner: Would anybody from the public like to address the Council on this Ordinance? Seeing none, I’ll close the public portion and ask Ms. Labow to move it.

Ms. Labow: I move for adoption and final passage of Ordinance #13-2004.

Mr. Guenther: Second.

President Rattner: Any discussion? Mr. Perkins.

Mr. Perkins: Thank you, Mr. President. Very short, I would just, again, like to thank the attorney’s office…working together with the Planning Department, as well as with our professional, Gene Buczynski, as well as our Planner, Chuck McGroarty, in getting this approved. I think it’s long overdo and this should tie up a lot of loose ends when it comes to sewer systems. Thank you.

President Rattner: Any other discussion? Roll Call.

ROLL CALL Passed Unanimously

President Rattner: Ordinance #13-2004 is passed on second reading and I hereby direct the Clerk to forward a copy of the same to the Mayor and publish notice of adoption as required by law. Next, I open the hearing to the public on Ordinance #33-2004, entitled:

Ord. #33-2004 An Ordinance Amending Sections 400-29, Site Plan Review and 400-32, Subdivision Review, of the Land Use Chapter of the Code of the Township of Mount Olive, New Jersey. (3 year Preliminary Approval Expiration)

President Rattner: Anybody from the public like to address the Council on this Ordinance? Mr. Bonte.

Richard Bonte, Budd Lake: Does anybody know what the current time period is in our current ordinance?

Mr. Greenbaum: I don’t believe there is one.

Mr. Bonte: Oh, because I thought this said that it’s amending our existing ordinance.

Mr. Greenbaum: It does, it amends the existing ordinance to include an expiration period. This is upon the initiative of Ed Buzak, who noticed that our code was deficient in this regard.

Mr. Bonte: Okay, well, I certainly am in favor of this and I just hope that we enforce it and don’t allow to happen, what happened with Toll Brothers. Thank you.

President Rattner: Thank you very much, would anybody else from the public like to address the Council on this ordinance? Seeing none, I’ll close the public hearing and I’ll ask Mr. Mund to move it.

Mr. Mund: I move for adoption and final passage of Ordinance #33-2004.

Mr. Guenther: Second.

President Rattner: Any discussion? Roll Call.

ROLL CALL Passed Unanimously

President Rattner: Ordinance #33-2004 is passed on second reading and I hereby direct the Clerk to forward a copy of the same to the Mayor and publish a notice of adoption as required by law. I now open the hearing to the public on Ordinance #34-2004, entitled:

Ord. #34-2004 An Ordinance to Amend and Supplement Various Articles of Chapter 400 Entitled “Land Use” to Clarify Definitions, Revise Administrative Procedures, and to Modify Certain Development Requirements.

President Rattner: Anybody from the public like to address the Council on this Ordinance? Mr. Bonte.

Mr. Bonte: I had spoken, regarding this Ordinance, a few weeks ago, at the end of the meeting, because of the complete deletion of paragraph E and the replacement with a paragraph that does not address rainfall issues that we had, by ordinance, included in this ordinance about a year ago, and it was discussed at the Planning Board with Mr. Buczynski and Mr. McGroarty present, I believe you were there also, Rob, and it was agreed at that time that what we had in our ordinance would be put back into this ordinance by introduction of a separate ordinance. I don’t know if all of the Council members are aware of that, and if you are planning on introducing an ordinance at the next public meeting to incorporate that paragraph, which was deleted.

President Rattner: I’ll direct the Clerk to check with the Planning Board secretary and make sure that, if there was a representation made that we’re going to have it, we’ll have it for the next meeting.

Mr. Greenbaum: It was….I raised it during, I believe, my Planning Board report last time, and that certainly was the representation that the Planning Board was going to recommend to this Council that a subsequent ordinance be adopted to include the exact provisions that you have referenced, with regard to the inclusion of local rainfall data, and that it was best felt that we pass this ordinance and later supplement, so that we could incorporate the other concepts which are included in this ordinance, and then bring back in what everyone felt was appropriate data to be included in this particular ordinance.

Mr. Bonte: Right. I just wanted to remind the Council that there should be something else coming in regard to this. Thank you.

President Rattner: Mr. Greenbaum, that should be relatively simple. We’re just going to take the wording from the last paragraph and then have another one and put it back in.

Mr. Greenbaum: That’s all we’re going to do.

President Rattner: So, would you check from your end, and I’ll have the Clerk follow up with the Board secretary to make sure that we can get it…if it’s at all possible, to get it on in two weeks.

Mr. Greenbaum: Absolutely.

President Rattner: Thank you, Mr. Bonte. Anybody else from the public like to address the Council? Seeing none, I’ll close the public hearing and ask Mr. Guenther to move the ordinance.

Mr. Guenther: I hereby move for adoption and final passage of Ordinance #34-2004.

Mr. Perkins: Second.

President Rattner: Any discussion? Roll Call.

ROLL CALL Passed Unanimously

President Rattner: Ordinance #34-2004 is passed on second reading and I hereby direct the Clerk to forward a copy of the same to the Mayor and publish the notice of adoption as required by law. I now open the hearing to the public on Ordinance #35-2004, entitled:

Ord. #35-2004 Bond Ordinance Amending Bond Ordinance Numbered 11-2001, as Amended by Bond Ordinance Numbered 44-2002 of the Township of Mount Olive, in the County of Morris, New Jersey Finally Adopted May 8, 2001 and December 10, 2002, Respectively, in Order to Amend the Description of the Project. (Copiers & map machine)

President Rattner: Anybody from the public like to address the Council on this Ordinance? Yes sir.

Nelson Russell, Budd Lake: I’m wondering why we have two ordinances concerning copiers and the map machine.

President Rattner: Sherry, you want to answer?

Ms. Jenkins: We needed a certain allotment in order to buy the copiers and we took it from available balances in two different ordinances. Okay. That’s why we’re amending descriptions for two separate ordinances.

Mr. Russell: Do the amended descriptions both contain copiers and map machines?

Ms. Jenkins: Yes, and the total of…again, the total that we needed wasn’t going to be able to be covered by just one of the ordinances. We needed to amend two ordinances to be able to make the purchase….to be able to purchase the copiers that we need.

Mr. Russell: Thank you.

President Rattner: Anybody else like to address the Council? Seeing none, I’ll close the public hearing. Mr. Perkins.

Mr. Perkins: Thank you, Mr. President. I move for adoption and final passage of Ordinance #35-2004.

Mr. Guenther: Second.

President Rattner: Any discussion? Roll Call.

ROLL CALL Passed Unanimously

President Rattner: Ordinance #35-2004 is passed on second reading and I hereby direct the Clerk to forward a copy of the same to the Mayor and publish a notice of adoption as required by the law. I now open the hearing to the public on Ordinance #36-2004, entitled:

Ord. #36-2004 Bond Ordinance Amending Bond Ordinance Numbered 24-2003 of the Township of Mount Olive, in the County of Morris, New Jersey Finally Adopted May 27, 2003 in Order to Amend the Description of the Project. (Copiers & map machine)

President Rattner: Anybody from the public like to address the Council on this Ordinance? Seeing none, I’ll close the public hearing and ask Mr. Greenbaum to move it.

Mr. Greenbaum: I move for adoption and final passage of Ordinance #36-2004.

Mr. Mund: Second.

President Rattner: Any discussion? Roll Call.

ROLL CALL Passed Unanimously

President Rattner: Ordinance #36-2004 is passed on second reading and I hereby direct the Clerk to forward a copy of the same to the Mayor and publish notice of adoption as required by law. I now open the hearing to the public on Ordinance #37-2004, entitled:

Ord. #37-2004 An Ordinance of the Township of Mount Olive Amending Section C of Section 4-106 Entitled “Meetings” of the Administrative Code of the Township of Mount Olive.

President Rattner: Anybody from the public like to address the Council on this Ordinance? Seeing none, I’ll close the public hearing and ask Mr. Buell to move it.

Mr. Buell: I move for adoption and final passage of Ordinance #37-2004.

Mr. Mund: Second.

President Rattner: Any discussion? Roll Call.

ROLL CALL Passed Unanimously

President Rattner: Ordinance #37-2004 is passed on second reading and I hereby direct the Clerk to forward a copy of the same to the Mayor and publish the notice of adoption as required by law.

ORDINANCES FOR FIRST READING – (2nd Reading December 14, 2004)

None

President Rattner: We have no ordinances for first reading.

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 Issuance of a Quarrying License to Tilcon New Jersey in Connection with Lot 1, Block 600 Pursuant to the Township Code, Section 400-61.

2. Resolution of the Township Council of the Township of Mount Olive Authorizing the Release of Performance Guarantees Posted by American Instants/Brookdale Partners Project.

3. Resolution of the Township Council of the Township of Mount Olive Resolving the Toys ‘R’ Us Inc. Tax Appeal.

4. Resolution of the Township Council of the Township of Mount Olive Authorizing the Renewal of Dental Benefits with Delta Dental.

5. Resolution of the Township of Mount Olive Authorizing the Use of a Morris County Purchasing Contract (Delta Chemicals).

6. Resolution to Amend the Capital Budget –Phase II Turkey Brook Park Improvements.

7. Resolution of the Township Council of the Township of Mount Olive Authorizing the Issuance of a Contract to Moss Excavating, for the Installation of 37 Water Meters. (new – revised)*

8. Resolution to Amend the Capital Budget –Baptist Church.

9. Resolution of the Township Council of the Township of Mount Olive Authorizing the Execution of the Indemnification Agreement Between the Township and Morris County Municipal Utilities Authorities.

10. Resolution of the Township Council of the Township of Mount Olive Authorizing the Execution of the Indemnification Agreement Between the Township and the Lessee of Budd Lake Tire.

11. Resolution of the Township of Mount Olive Providing for the Transfer of 2004 Budget Appropriations for the Current Fund Budget.

12. Resolution of the Township Council of the Township of Mount Olive Authorizing Change Order #1 for Professional Consulting Inc. in Connection with the Village Green Tank Painting.

President Rattner: We’ll move onto Consent Resolution Agenda. We have twelve items on the Consent Agenda, would anybody like any of them removed and discussed separately? Ms. Labow.

Ms. Labow: Remove numbers 1 and 4.

Mr. Guenther: How about number 12, Ray did you want to take that off?

Mr. Perkins: No. I’m going to leave 7 and 12 there, I think Mr. Casey will give us the answers.

President Rattner: Anybody else like anything else taken off? Okay, Ms. Labow, would you move then the remaining, I guess, 2, 3, 5 through 12?

Ms. Labow: I move Consent Resolutions 2 and 3 and 5 through 12 for approval.

Mr. Buell: Second.

PUBLIC PORTION ON CONSENT RESOLUTIONS

President Rattner: Okay, is there anybody from the public that would like to address us on any of these resolutions? Mr. Scapicchio.

David Scapicchio, Mount Olive Township: Steve, I just wanted to question whether or not you’re going to move forward with Resolution #1?

President Rattner: Yes, we just took it off and we put it on non-consent, thank you. Anybody else? Seeing none, I’ll close the public hearing on the consent agenda.

COUNCIL COMMENTS ON CONSENT RESOLUTIONS

President Rattner: Any discussion from the Council? Mr. Perkins.

Mr. Perkins: Yes, thank you Mr. President. I just wanted to mention again and I’m sure that Mr. Casey will give me satisfactory answers for numbers 7 and 12 and knowing his background, working with him before, I’m sure the answers will be adequate, so I will vote in favor of those. Thank you.

President Rattner: Thank you. Any other discussion? Roll Call.

ROLL CALL Passed Unanimously

RESOLUTIONS NON CONSENT

President Rattner: Mr. Mund, would you move Resolution #1.

1. Resolution of the Township Council of the Township of Mount Olive Authorizing the Issuance of a Quarrying License to Tilcon New Jersey in Connection with Lot 1, Block 600 Pursuant to the Township Code, Section 400-61.

Mr. Dorsey: You want to hold that, until we find out about the reclamation.

President Rattner: Well, that’s why it was just taken off….I thought we’d just take it off onto non-consent, so then we’ll vote it down, or we’ll do it…..discuss it separately. I think that’s what Mr. Scapicchio just asked.

Mr. Dorsey: Make a motion to table Resolution #1 until we get satisfactory information on the status of their renewal plan.

Mr. Mund: Motion to table Resolution #1.

Mr. Perkins: Second.

President Rattner: Any discussion? Roll Call.

ROLL CALL Passed Unanimously

President Rattner: Resolution #4, would you move that Ms. Labow?

4. Resolution of the Township Council of the Township of Mount Olive Authorizing the Renewal of Dental Benefits with Delta Dental.

Ms. Labow: I would like to move Resolution #4 for approval.

Mr. Perkins: Second.

PUBLIC PORTION ON INDIVIDUAL RESOLUTIONS

President Rattner: Okay, anybody from the public like to address us on Resolution #4, the Dental policy? Seeing none, I’ll close the public portion.

COUNCIL COMMENTS ON INDIVIDUAL RESOLUTIONS

President Rattner: Any Council comments?

Ms. Labow: I just want to say, the reason why I asked for that to be removed was I just wanted it to be noted in a public format, since on our workshop, you know, that’s not verbatim minutes, that….wasn’t this the one that they missed the Resolution being passed to pay the premium? The renewal?

Mr. Casey: That’s correct, the resolution was….the formal action of the governing body approving that contract extension was not adopted by the governing body back last March.

Ms. Labow: It wasn’t presented to us.

Mr. Casey: It wasn’t presented or whatever…last March, that’s correct.

Ms. Labow: I just wanted….

Ms. Jenkins: I believe that they did review the Dental rates with the Council, though. I just think that Administration….I believe that was done, I just think that Administration didn’t put forth the appropriate resolution to support, you know, the discussion that they had.

Ms. Labow: Okay, I just wanted that to be made part of the public meeting. Thank you.

President Rattner: Thank you. Any other discussion? Roll Call.

ROLL CALL Passed Unanimously

President Rattner: Okay, Resolution number 13, Mr. Perkins.

13. Resolution of the Township Council of the Township of Mount Olive Approving Change Order #1 to the Turkey Brook Park Phase II Construction Project.

Mr. Perkins: I move for adoption of Resolution #13.

Mr. Guenther: Second.

PUBLIC PORTION ON INDIVIDUAL RESOLUTIONS

President Rattner: Anybody from the public like to address the Council on Resolution #13, the Township of Mount Olive approving the Change Order #1? Seeing none, I’ll close the public comment.

COUNCIL COMMENTS ON INDIVIDUAL RESOLUTIONS

President Rattner: Any Council comments? Roll Call.

ROLL CALL Passed Unanimously

President Rattner: Okay, the next item we have on the agenda, we can take the question marks off. We have a resolution that we call a Resolution of the Township of Mount Olive resolving the litigation entitled Ruggierio versus Mount Olive Township, et al U.S. District Court 044556(JWB). Mr. Buell, would you move that?

14. Resolution RE: Settlement Agreement Ruggierio.

Mr. Buell: I move Resolution of the Township Council of the Township of Mount Olive resolving the litigation entitled Ruggierio versus Mount Olive Township, et al U.S. Court #044556(JWB).

Mr. Mund: Second.

COUNCIL COMMENTS ON INDIVIDUAL RESOLUTIONS

President Rattner: Okay, I’m going to change the order a little bit. I want to give the Council Members, if they want to make any comment, a chance and then we’ll let the public and then we can respond to that. Is there anybody from the Council who would like to comment at this time? We’ll start at the other end and we’ll come this way. Mr. Buell.

Mr. Buell: It says here in this Resolution that this is a hire that did not work. I was the….actually the third person who interviewed Bill Ruggierio for this job. The Mayor interviewed him first, along with Bob Elms, I believe. I had also interviewed four other candidates who I felt were better than Bill Ruggierio. I made those recommendations to the Mayor before Bill Ruggierio was hired. The Mayor refused to interview any of the four other applicants, all of whom had previous experiences as Business Administrators. My written recommendation to the Mayor, at the time he was hired, was that the Mayor….was that he’s a great guy with a great deal of knowledge with very very little or no experience as a line Business Administrator. I said, in my experience as a Human Resources executive of over thirty years, and as a Consultant, that generally speaking, a person who is a staff person doesn’t make it as a line manager. I read in the Record about the Business Administrator in Dover, who’s been on the job for 35 years and evidently is an institution, and the comment in the Dover Editorial was he made it because he stayed out of politics. I think this is an example of, you know, I finally conceded to approve Mr. Ruggierio, because I did find him basically qualified, not as qualified as the Mr. Buell(cont’d): other people that I had interviewed, because I was convinced by the Council, in my experience…or my in-experience at the time, because this was voted on three months after I arrived at this Council. I, you know, I would never have voted for him….at this point in time, I would have not voted for Bill Ruggierio, simply because he didn’t have the experience as a Business Administrator. This is a case of somebody who should not have been hired, who was not prepared for this particular position in this township, it’s basically like a probationary termination…

President Rattner: Mr. Buell, as you keep going, did you read what we agreed to?

Mr. Buell: Yes.

President Rattner: And you think you’re conforming to it? What it is, yes, we can say it didn’t work out. We can have it there and we know….we have to remember we voted for him unanimously.

Mr. Buell: Yes.

President Rattner: That is exactly what we did do. It didn’t work out, we couldn’t….we didn’t have a working relationship with him, that is very very plain, but, you know, that’s what happened. I mean, we had major disagreements, you said he was a qualified person, he had work in government, he didn’t have experience as an Administrator, per se, but we said we were going to take a chance, because of other experience, and it just didn’t work out, and that’s really what we have to say. I mean, each one of us had our own reason for voting for him. One was to give the Mayor a break, he felt confidence in it, and remember my conversations were that would be overriding, and we did, but we agreed….you know, we can go back and, you know, hindsight is always 20/20, but at the time, seven of us voted for him, and that’s the way we should leave it at that. It didn’t work out.

Mr. Buell: Okay.

President Rattner: Anything else?

Mr. Buell: Well, basically, it’s a settlement I think that is fair to all parties. It doesn’t cost the town anymore than we had committed to, at the time we terminated him.

Ms. Labow: Thank you, Mr. President. I just want to say that I am not in favor of settlements, I don’t want anyone to perceive this as an admission of guilt on the Council, a guilt as in anyone concerned. After reviewing the situation, the possibility of extensive legal fees, that it would end up costing this town, at the end, regardless of who had won the case, only the residents of Mount Olive would lose, in the end. We have no idea what the litigation costs would be. Because of that, and also for us to get on with our business at hand in the government, and for Mr. Ruggierio to get on with his career and his life, I felt it was in the best interest of everyone to agree to this settlement, and I want to make it perfectly clear that it’s not the way I like to conduct business and going on settlements, but in view of what was in the best interest of everyone, I chose to agree to this. It’s the $25,000 we originally terminated him with, $20,000 from the JIF to settle, and his insurance benefits which would be a maximum of $6,000, to me was a very small price to pay for this township to be able to stop bleeding with this issue, as our attorney said, this municipality is bleeding, it’s time to stop, close the wound, move on and get the heck out of the papers this issue, and get on with the business at hand, and I want to thank Mr. Ruggierio for the time he did spend here. I know that he gave it every effort, and I wish him all the luck in the future….in all of his future endeavors.

Mr. Mund: Thank you, Mr. President. I’m voting in favor of this, even though I was not part of the process. This is the quickest way to end the situation, in my opinion, and it reduces the downside with litigation and bringing the dirty laundry to the newspapers constantly. I think it’s in the best interest of this township that we pass this and move on and open a new area of communications within this Council.

Mr. Guenther: Pretty much dittoing what Ms. Labow said. It kind of sticks in my craw to make these settlements. On the other hand, we have to think of the benefit of the town, number one – to move on, and number two – as far as the taxpayer is concerned, to reduce expenses, because the expenses would have run up. We’re already above our legal expenses for the year, and it was just the most….the best way….it’s been said before, to stop the bleeding and just go forward. As the resolution says, it just didn’t work out, you know. It wasn’t a match and let’s move on.

Mr. Perkins: Thank you, Mr. President. It didn’t work out. I wish Mr. Ruggierio all the successes in any of his future endeavors. Let’s settle this and get on with the business of the township. Thank you.

Mr. Greenbaum: I want to ask the Mayor a question that I asked him in Executive Session, which was are you prepared to dismiss the lawsuit, as well, that you have pending?

Mayor De La Roche: As I indicated in closed session, I was surprised with this and, in about two minutes, you’re asking me to make a decision regarding a legal case. I told you I’m reserving my decision.

President Rattner: Anything else, Mr. Greenbaum?

Mr. Greenbaum: No.

President Rattner: Obviously this is going to put an end to a very trying time for this township, and obviously for the individuals who are involved. Nobody likes this, but we’re really looking at this as a business decision. The insurance company came in and said we can wipe out the lawsuits, itself, for a minimal amount, just the discovery phase would cost more, which we would have a deductible, they decided to waive it, because they wanted to reduce their risk, just like insurance companies do, whether it be an auto accident, or any other type of liability. We have to move forward, we don’t have it, I mean, one of the things that I had to wrestle with, and a lot of people worked very hard on this, from both us and Mr. Ruggierio’s side, to come up with a resolution that we can both accept. The fact is is that this town, we heard that the budget is very tight, if we continue this, one of the things I had to look at, we would have to go to emergency appropriations to provide the money, because believe it or not, even with everything else, you cut out the lawsuits from the Administration to the Council, and our legal expenses up here probably are down about 60% from the prior year, and we were actually doing very very well, but then with everything else, we have other litigation from the Planning Board, which I think everybody thinks it’s money well-spent, to protect the township against some of the bigger developers that are trying to put inappropriate things in, but we just didn’t have the wherewithal, we have to move forward. Once we put it behind us, you lick your wounds, that’s both sides, we’ll get on, we can get on in doing the business that’s really important. Mr. Ruggierio will get on and continue his career, and at least that’s over, because I can imagine it was very difficult for him trying to either generate business or find another job while this was going on. So, what we’ve decided is we have this settlement, we’re very very satisfied with it. Basically, what it cost us, not with the legal fees we had in the middle defending the different lawsuits, was that we offered Mr. Ruggierio a severance package, as provided under the code…the statute, that he challenged, he will keep that, and he will keep….we’ll just make sure he has some insurance for a period of time until he can continue it with another job, and with that, I will open it up to the public, if anybody from the public…..okay, Mayor.

Mayor De La Roche: I just wanted to put on the record that, I heard a number of Council people say they were not really in favor of this settlement, I join them in that.

President Rattner: Thank you, Mayor.

PUBLIC PORTION ON INDIVIDUAL RESOLUTIONS

President Rattner: Now I open it up to the public, Mr. Bonte.

Ms. Labow: Can I ask one question before Mr. Bonte speaks?

President Rattner: Can it be after, since this is the public portion?

Ms. Labow: Well, it might… Mr. Bonte might….

President Rattner: Well, let Mr. Bonte speak, and we’ll see if it’s relevant.

Ms. Labow: Mr. Bonte, can I go before you?

Mr. Bonte: I’ll make you all a proposal, I’ll stop coming if you give me a couple of years of health insurance. This doesn’t please me, because…it never pleases me when I see that we do these buy-outs, or make litigation go away, because it doesn’t really go away. This one goes away, but the next guy knows that you’ll probably settle for something. If we were as convinced as we are that we did the right thing, and we had the legal grounds to do what we did, I think that we should take the action to terminate the employee. You know, I can kind of stomach the three months of pay because, obviously, when you terminate somebody, and especially the way we did this, you usually provide some type of severance pay. I don’t understand the health insurance for what looks like, could be up to 14 months, I mean, that’s probably close to another $20,000.

Ms. Labow: No, it’s not.

President Rattner: It’s less than $6,000.

Ms. Labow: It’s less than $6,000 because he’s single.

Mr. Bonte: Okay, my other question is can you legally do that?

Mr. Dorsey: Yes.

Ms. Labow: That was my question.

Mr. Bonte: Can you legally provide health insurance for somebody that is not an employee?

Mr. Dorsey: He was an employee, he’d be entitled to it under the COBRA provisions.

Mr. Bonte: But we don’t have to pay for it, but we can?

Mr. Dorsey: Yes.

Mr. Bonte: Well, as much as I would prefer not to see Mr. Dorsey make any more money in litigation at taxpayer expense, this is definitely a case I would prefer to see brought to the end, as opposed to the way you’re doing it.

President Rattner: Mr. Dorsey was not trying this case.

Mr. Bonte: Okay. That said, I understand why you’re doing what you’re doing, but I’m certainly not in favor of it.

President Rattner: Thank you very much, Mr. Bonte. Anybody else from the public like to address the Council? Seeing none, I’ll close the public portion.

COUNCIL COMMENTS ON INDIVIDUAL RESOLUTIONS

President Rattner: Final Council Comments, Ms. Labow. Now, what is it that you wanted?

Ms. Labow: Well, actually, I wanted to say to Mr. Bonte, I asked that exact same question and got it in writing why it was allowed. He’s not listening. The question that I want to ask Mr. Dorsey is that if the Mayor decides not to drop the suit, he can go forward and still continue to sue us and we’ll still have litigation going on. How would that effect the settlement that the JIF…..

Mr. Dorsey: No, it does not effect the settlement which the MEL has made with the township. No, he will still get the $10,000.

Ms. Labow: Okay, so even though Mr. Ruggierio is removing himself, the Mayor can still continue forward.

Mr. Dorsey: Yes, but the Mayor will have to get some other attorney to represent him, or he could always represent himself, I suppose.

Ms. Labow: Okay.

Mr. Dorsey: But the Mayor hasn’t said he’s going forward with the suit, he said…..

Ms. Labow: No, but he hasn’t said he’s not, either.

Mr. Dorsey: That’s true.

President Rattner: Well, give him some time, you know, that’s up to him and anybody can sue in any court.

Ms. Labow: I just wanted to know what happens.

President Rattner: Look what’s happened so far this year, we’re constantly sued, we constantly go to court and defend ourselves, and we’ve been successful so far. I mean, how many more times do we want to go?

Ms. Labow: Exactly, we’ve been successful each time, but I just want to make sure that with the MEL, that it wasn’t tied to the whole thing being dropped.

President Rattner: It’s Ruggierio, they’re completely separate cases, another one could come up tomorrow. Roll Call.

Mayor De La Roche: What I said was, since I had no knowledge of the settlement prior to us going into the room, I didn’t have a chance to even read the resolution because it was not provided to me. I thought it appropriate that I look over something that I’m agreeing to regarding dropping a case, because I already indicated I wasn’t in favor of Mr. Ruggierio’s settlement either. So, all I want to do is have an opportunity to read it and I don’t think that’s unreasonable.

President Rattner: Roll Call.

ROLL CALL Passed Unanimously, except Mr. Greenbaum voted No

15. Resolution For Wachovia – Waiving Noise Ordinance.

President Rattner: Okay now, Mr. Dorsey, we asked you to put together a resolution allowing Wachovia Bank to work on Sundays inside.

Mr. Dorsey: Whereas, Wachovia Bank has made an application to the Township of Mount Olive to waive the time restrictions in terms of construction, would prohibit construction activities on Sunday, in connection with this new branch being constructed at the ITC Shopping Center, and

Whereas, Council President has noted the Township Council has established a policy by which it will, under certain circumstances, permit construction to go forward on Sundays provided the construction is with inside a building and does not project noise beyond the site itself.

Now therefore be it resolved, the Township Council, Township of Mount Olive, does hereby authorize the waiver of the time restriction prohibiting construction activities on Sunday, in connection with Wachovia Bank’s branch being constructed at ITC Shopping Center, provided that all work is conducted within the confines of the building and does not project noise beyond the confines of the site.

Mr. Mund: So moved.

Mr. Guenther: Second.

President Rattner: Would anyone from the public like to address the Council on this resolution? Seeing none, I’ll close the public portion. Any other Council comments? Roll Call.

ROLL CALL Passed Unanimously

MOTIONS

President Rattner: Okay, now we come to Motions. Mr. Mund, would you do the raffle applications?

1. Approval of Raffle Application #2056 for the Knights of Columbus, Blessed Mother Seton Council 5410 and Raffle Application #2057 for St. Elizabeth Ann Seton Parish.

Mr. Mund: Motion to approve Raffle Application #2056 and #2057.

Mr. Guenther: Second.

President Rattner: Any discussion? Roll Call.

ROLL CALL Passed Unanimously

President Rattner: Bill List, Mr. Guenther.

2. Bill List

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

Mr. Perkins: Second.

Mr. Guenther: Except for that one item.

Mr. Buell: 042283.

Mr. Guenther: What was that….042283.

President Rattner: Well, first we should move the Bill List and then we’ll have a motion to delete that one. Just make the motion to accept the Bill List.

Mr. Dorsey: No, make a motion to approve the Bill List, subject to the removal of 042283.

Ms. Jenkins: I just have a procedural question, and I had asked Mr. Dorsey this before, but, you know, we have the threshold of $2,500 where we don’t need approval, so…this is well below that.

President Rattner: The check is gone?

Ms. Jenkins: Yes, absolutely.

Mr. Buell: I still want to remove it.

President Rattner: You don’t have a choice, it’s already gone, how are you going to remove it?

Ms. Jenkins: We had talked about this before, I mean, anything under $2,500. I put it on here so everyone knows what we’re paying, but….

President Rattner: If it’s already gone, it’s gone.

Mrs. Lashway: The Council only has to approve bills over $2,500. It just happens that Sherry provides you with all the other information, for all the bills under $2,500.

Ms. Jenkins: I’ve done that since I’ve been here, just so everybody can see them.

President Rattner: If the bill didn’t go out, we could pass a resolution asking them to hold it up, but if it’s already gone, they were within the procedures to do it.

Mr. Dorsey: Well, that doesn’t deny a Council person the right to signify his disapproval, by voting no as to that item.

President Rattner: Okay, do we have a motion and a second?

Mrs. Lashway: Alright, is the motion to approve less that bill, which you can’t do.

Mr. Dorsey: Yes you can.

Mr. Buell: I would like it removed.

President Rattner: No, we’re asking do you vote yes or no?

Mr. Buell: Oh, yes.

President Rattner: That’s the motion.

Mr. Guenther: What motion? The Bill List, right?

President Rattner: Excluding the one bill.

ROLL CALL Passed Unanimously

President Rattner: It doesn’t really matter, because the bill went and it went under regular procedures, so…

Mr. Guenther: Mr. President, just again, a procedural question, for the future, how can we avoid something like this from happening in the future? You had a very good point that where does it stop, I mean, these things….

Mr. Dorsey: The answer to your question would be, and it will be very cumbersome, I suppose, hereon, but would be to amend the code so that there is no, shall we say, automatic approval of expenditures for less than $2,500. Then every expenditure, except utility bills, and the payments to the school, would have to come here for approval before the payment was made.

Ms. Jenkins: There are other things we need approval on that need to get paid that can’t wait.

Mr. Dorsey: I can’t hear you.

Ms. Jenkins: There are other things besides utility bills and whatnot that have to be exempt.

Mr. Dorsey: But this snuck through under the $2,500 exemption, and if you don’t want those to slip through, I shouldn’t characterize it as slipping through, but if you don’t want them to go through without Council approval, then you simply have to amend the ordinance to provide for their approval as well.

Mr. Guenther: Well, my only point is this, I mean, isn’t there some way to pass legislation that prevents payment of these kinds of things that are obviously contributions that shouldn’t be coming out of the public coffers?

President Rattner: Well, that may be there, now we’ll have to look at whether that’s an allowable expense, making a personal contribution for something. That’s a separate issue. We can’t micromanage every….you know, there are certain bills that have to be paid….we probably have some things for a couple hundred dollars going out of petty cash, which, if something is needed, it’s going to be done, and just giving a check, if somebody goes down to Ace Hardware, which is an approved vendor, because they need material, and they use it, how are you not going to pay it anyway? We just want to see the big items because we want to see the big things going out, not looking at every little, you know, piece of ribbon for 39 cents each.

Ms. Labow: So, how do we find out what the use of the Mayor’s discretionary fund is for? Can we have that evaluated? The fund that it came out of, his miscellaneous account.

President Rattner: That came out of miscellaneous, that’s a regular budget item.

Ms. Labow: It came out of the Mayor’s miscellaneous account.

President Rattner: We’ll have to look there and see if it’s an allowable expense.

Ms. Labow: So, that’s what we’re going to do then, that’s what we’re asking.

President Rattner: We’ll look there.

Ms. Labow: Thank you.

Ms. Jenkins: So, are we leaving the Bill List process the same, right now?

Ms. Labow: Yes, we just want a determination on what are acceptable expenses?

ADMINISTRATIVE MATTERS

President Rattner: Okay, any Administrative matters, Mr. Casey?

Mr. Casey: None.

LEGAL MATTERS

President Rattner: Any other legal things, Mr. Dorsey?

Mr. Dorsey: I would simply note for the record that in the Executive Session we discussed litigation with Interverse. A decision was made, a tactical decision was made as to how we should proceed, but we will not offer formal resolution at this time, because that would interfere with the legal strategy that’s been adopted.

President Rattner: Thank you, Mr. Dorsey.

COUNCIL REPORTS

Library Liaison Report

Ms. Labow: We meet tomorrow night for the Library, but I would like to make an announcement that the Pillar of the Community Dinner is on Friday, November 19th, and ticket sales are a little slacking right now. Anybody, if they would like to buy a ticket to go, can see anybody at the Library, Library Board, myself, and hopefully, everybody will be there. It’s a very worthy cause, I like it very much because it’s sort of like the only annual event we have right now and I would like to see more of those. So, if everybody would please come out and support the Library, hopefully all the Council men will purchase tickets, I’m selling them. Did I mention…..

Mr. Greenbaum: Can I get it reimbursed by the township?

Ms. Labow: Did I mention that I’m selling tickets? Mr. Greenbaum, should I sign you up for two?

President Rattner: You can’t be selling up here.

Mr. Greenbaum: I’m going to be in Las Vegas, otherwise I’d go.

President Rattner: Anything else, Ms. Labow?

Ms. Labow: That’s it.

Recreation Liaison Report

Mr. Mund: The committee is meeting tomorrow. It was postponed from the 3rd.

Board of Health Report

Mr. Guenther: We had a meeting this last week, we reviewed the submissions the department heads have made regarding the 2005 budget. We also reviewed….they were not the regular monthly reports that we have on the activities of, you know, restaurant inspections and so-forth, but we did review in detail the results of the vaccine session that we had here at…on the 30th, and it, you know, despite some fears, and because of the publicity in the press regarding a shortage, it was very orderly. I mean, the weather cooperated, we had a lot of volunteers, it was very positive and, in fact, we had some doses left over. Those are being held, most of them, for another session with Netcong…I believe it’s this week, it’s, I think, this Saturday, or it already took place, I don’t remember, but the other thing is we were requested, since we had…there was a general request that went out to all municipalities, regarding the Morris View Nursing Home, because they have a shortage, to ask to contribute, since there are residents of every town in that nursing home, to contribute some shots to them, as well. We left that at the discretion of the Health Director, with a maximum number of doses to contribute initially, to hold back some just in case there were some last minute, within the next few weeks, there were some other people that came in and, you know, were in the high risk groups that needed inoculations, so…we came out pretty well with the program, I think people respected the fact, I think there was enough publicity around about the fact that it’s only the high risk group should be getting the shots, and it turned out very well.

Planning Board Report

Mr. Greenbaum: Correct me if I’m wrong Mayor, but there are no meetings this month?

Mayor De La Roche: No.

Mr. Greenbaum: No meetings this month, Thanksgiving and the League of Municipalities, I think, are the two.

Board of Adjustment Liaison Report

Mr. Perkins: Nothing to report.

Open Space Committee Report

Mr. Guenther: There’s nothing much to report, I mean, just quickly….there’s a couple of properties on Route 46 that, you know, we are proceeding on, which I think everybody will be happy that hopefully we can preserve it; they’re mostly wetlands, but there will be some nice open space, something that won’t be developed on Route 46. The other thing is the Open Space Committee is working on, I think, on a very worthwhile project of developing trails through the open space that’s on the other side of the lake, that joins the bog, and they’ve actually toured that area and found that, you know, it’s very….there’s some nice trails if they can cut in there for people to walk in. Thank you.

Legislative Committee Report

Mr. Mund: Initial contacts have been made with Guy Gregg’s office and we are trying to set up the meeting between us.

Pride Committee Liaison Report

Ms. Labow: Nothing to report at this time.

Board of Education Liaison Report

Mr. Buell: We met last night. One thing of very great interest is they’re not going to be able to locate the turf field, which, as you remember, was the second part of the referendum that they had on the High School, at the location, at the football practice field. They are now looking at locating the turf field either on the football field or the soccer field or returning $700,000 budgeted back to the public. It was quite an interesting night, they were quite counselesque in their discussion, last night – the first time I’ve ever seen anything like that.

Ms. Labow: Did they argue?

Mr. Buell: Oh yes, they were really going at it.

President Rattner: They could have been a Council in training.

Mr. Buell: Yes. On a very positive note, they’re on schedule, on time, they complemented our township construction group for their assistance to the architect and to Turner Construction in terms of moving this design of the school building on and they made a very strong point of making sure they…that our construction group or inspectors get that notice that they’re really helping out. They also congratulated or thanked Steve Rattner for attempting, or his assistant, in trying to get Guy Gregg involved in some wetland issues that they’re having with the High School location.

President Rattner: Thank you. Yes, the DEP is giving the High School a hard time on some of their designs in reviewing some of their plans. Sometimes they’ve gone twelve weeks before they get a telephone call back on what the status of something is, and obviously they’re on a tight schedule. We’ve been advised, with the turmoil in Trenton, that the DEP, waiting for the new Governor to come in, people worried about their jobs, they don’t like…you know, DEP didn’t like making decisions anyway, and now it’s just slowed down to even more because they’re not really sure where the new Governor is going to take…the direction he’s going to take, but it was just frustrating at the meeting before last night, they were talking about the frustration they had that they couldn’t get anything done and they were coming into a critical time of knowing….redesign some of the buildings, what they wanted, especially with some of the new regulations coming in. So, we’re trying to make an attempt to at least get the right parties together and resolve it. If they have to do it, they know right away, so they don’t go down too far on one design and have to re-layout the floor plan.

Lake/Environment Issues Committee

President Rattner: The semi-annual Lake Committee cleanup of the lake is this Saturday, anybody who wants to donate a few hours, we usually go from the formerly Nick’s or the Boat House Restaurant and we take garbage, clean up the area along the shore, all the way to the Municipal building and do maintenance on the pear trees that are along Route 46. If anybody wants any additional information, they can call the Clerk and she can direct you to the proper party. We start at about 8:30 / 9:00 am on Saturday and are usually done by 12:00 noon.

Safety Committee Liaison

Mr. Guenther: There was no meeting, no report.

PUBLIC PORTION

President Rattner: Okay, now we come to the final public portion….

Ms. Labow: Mr. Rattner…

President Rattner: Why don’t you wait until your final comments.

Ms. Labow: Oh because, I wanted to….I didn’t….I missed New Business, you skipped right over it on me, I think.

NEW BUSINESS

President Rattner: Okay, New Business.

Ms. Labow: Alright, I just wanted to bring up one thing in New Business. I wanted to do it in New Business and not in Council Comments, because I wanted the Mayor to have an opportunity to respond. I received a call this evening, or early this afternoon rather, from the Daily Record reporter, they asked me to comment on a press release that was sent out and I looked through my packet, I didn’t see a copy of it, and I still don’t have a copy of it, she read part of it to me. The press release, I believe, said that the Mayor’s…..

President Rattner: Colleen, if this is going to be a….you know, something to do with a political statement, then it’s not an appropriate…I think it’s inappropriate here.

Ms. Labow: It’s going to be a quick….no, no, no, no. It’s not a political statement.

President Rattner: Go ahead.

Ms. Labow: No, it’s a Council statement. That he was going to begin to communicate, and I just want to ask the Mayor…I think it’s a great start, you want to start to communicate, but you didn’t communicate with any one of us that you were sending this press release out, and I still haven’t gotten a response….I haven’t received it…a copy of it, so I don’t know how serious the communication effort is.

President Rattner: Are you satisfied, Colleen?

Ms. Labow: Yes.

President Rattner: Thank you. Any other new business? Good.

PUBLIC PORTION

President Rattner: The final public portion, would anybody from the public like to address the Council on any issue at this time? You’ve been sitting very patiently in the front row for the whole night, were you here for a specific purpose, or just nothing on TV tonight?

Someone from the Audience: Just soaking it all in.

President Rattner: Okay. We’ll close the public portion.

COUNCIL COMMENTS

President Rattner: We’ll go to final Council Comments.

Mr. Buell: None.

Ms. Labow: None.

Mr. Mund: None.

Mr. Guenther: Yes, I do, and it’s regarding that press release, and it’s just….my comment is it should have….you know, why does he fight it through the press? We’ve had this before where there’s a press release done instead of communicating with the Council, and I take very strong, and I don’t know if the reporter will publish it, but when she asked for my comments, I took very strong exception to statements that he made regarding patronage and pettiness that existed in prior Administration and that’s why he was elected as Mayor. I was part of prior governments leading up to this year and I take very strong offense of that. There was no patronage, the pettiness was brought on by the Mayor.

President Rattner: Thank you, Mr. Guenther. Mr. Perkins.

Mayor De La Roche: Which Mayor are you speaking of?

Mr. Perkins: None.

Mr. Greenbaum: Several. Some time back, there was some discussion about establishing a Finance Committee which, I believe, is not only a good idea, but is necessary both in terms of analyzing financial issues effecting this year’s budget, but also in terms of implementing new budgetary measures, new financial control measures, and I would like to have that either discussed at the next workshop or to have a meeting of the Finance Committee convene so that we can begin that procedure. Secondly, you did skip over Old Business and New Business, and I had an issue related to Old Business, which was the Mount Olive Child Care, which I’m not asking be discussed now, but rather would ask that it be put on the agenda under Old Business at the next Workshop or Public Meeting.

President Rattner: Thank you, and I have none. Move for adjournment.

Mr. Greenbaum: So Moved.

All were in favor, none opposed, and the meeting was adjourned at 10:56 pm.

 

_____________________________________________
Steven W. Rattner, 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 December 14, 2004.

 

___________________________________________
Lisa M. Lashway, Township Clerk

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