Mt. Olive Township Council Minutes
October 11 , 2005

PLEDGE OF ALLEGIANCE & MOMENT OF REFLECTION In honor and memory of those who have served to protect our freedoms.

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

ROLL CALL Present: Mr. Buell, Mrs. Labow, Mr. Rattner, Mr. Perkins,
President Greenbaum, Mr. Mund, (Mr. Guenther late 9:21)

Absent: None

Also Present: Mayor De La Roche; Bob Casey, Business Administrator;
Sherry Jenkins, CFO; John Dorsey, Township Attorney;
Lisa Lashway, Township Clerk;

Library Finances

President Greenbaum: Let the record reflect Mr. Guenther will be late, he is at a MUA meeting, I expect him here about 8:00-8:30. First item for discussion are the Library Finances, I understand that Mr. Sheard will be a little late so we will put that off for now. Mr. Perkins did you have something?

Mr. Perkins: Yes Mr. President, thank you. I would just like to ask everyone’s indulgence for a brief moment of silence for one of our past employees’ wife and mother-in-law, a tragic accident this past weekend. Mr. Frank Dolan who worked for us here, oh God, I guess close to some twenty or thirty years. If you could just indulge us for a brief moment to remember the family and everybody in your prayers, I would appreciate it. Thank you, Mr. President.

President Greenbaum: Thank you, at this point I will open it up to any Council members who have questions on the Bill List so that the Administration can get back to us with a response.

Questions on Bill List?

Mr. Buell: Page 6, check #052068 donation for the Mayor’s trophy.

Mr. Rattner: I noticed on the Bill List tonight that there is a check to the Library for reimbursement. The capital expenses were on the construction and the moving into the Library? I feel that it is appropriate and I take satisfaction in that because of the Administration telling me last year, I didn’t know what should be capitalized and what shouldn’t be. There are certain expenses that are basic Accounting 101 that are capitalized costs. The only thing that I am going to ask is assurance that all the different expenses were reviewed and they are appropriate both under general accounting principles and that they are a capitalized expense and I think most of them are. The big ones are and that they also qualify under the statutes that govern our bond covenants for the Bond that we put out for it. I just want that assurance that the Administration did check it over because I know in the past, when I asked about expenses and how they were reviewed, I was told that it was reviewed by the Department head or the Organization and that it wasn’t directly reviewed by the Administration. I just want to make sure that those expenses were reviewed and that they were deemed to be appropriate under the statutes as required.

President Greenbaum: Okay, anyone else with any questions on the Bill List?

Mr. Rattner: I don’t need answers on individual things, just that it was properly reviewed.

Mr. Casey: We looked at it once we are looking at it again.

 

 

APPROVAL OF MINUTES OF PREVIOUS MEETINGS

President Greenbaum: Okay, we will get back to that at the end of the meeting, anyone else with any questions? Seeing none, we will move on. At this point we are on Approval of Minutes of Previous Meetings.

Sept. 13, 2005 Present: President Greenbaum, Mr. Buell, Mrs. Labow, Mr. Rattner,
Mr. Guenther, Mr. Perkins, Mr. Mund

Absent: None

Sept. 27, 2005 CS Present: President Greenbaum, Mr. Buell, Mrs. Labow, Mr. Rattner,
Mr. Guenther

Absent: Mr. Perkins, Mr. Mund

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

Mr. Buell: I move the approval of the minutes for September 13, 2005 and the September 27, 2005, Closed Session meeting.

Mr. Rattner: Second.

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

ROLL CALL: Passed Unanimously with the exception, Mr. Mund and Mr. Perkins abstained on September 27, 2005

CORRESPONDENCE

LETTERS FROM RESIDENTS/ORGANIZATIONS

1. Letter received September 30, 2005, from Thomas Testa regarding Princeton Alliance Church Highlands Determination: Block 7000/ Lot 87 (1 River Road).

2. Letter received October 7, 2005, from Nancy White regarding the cleanup/maintenance of Drakes Brook.

RESOLUTIONS, ORDINANCES, CORRESPONDENCE FROM OTHER TOWNS

3. Resolution received September 26, 2005, from Township of South Brunswick urging the Federal Government to raise the Federal hourly minimum wage.

4. Ordinance received September 26, 2005, from Township of Chester regarding Land Use.

5. Resolution received September 30, 2005, from the Township of Riverside regarding renewal of the NJ Transportation Trust Fund and Increased Dedication for Local Aid.

6. Resolution received October 3, 2005, from Morris County Board of Chosen Freeholders regarding No Parking, Stopping, Standing on Flanders Road.

7. Notice of Ordinance received October 6, 2005, from Township of Byram regarding Land Use.

MUA/MSA

8. Letter received October 3, 2005, from Musconetcong Sewerage Authority regarding allocations for participating municipalities in the 4.31 MGD Water Pollution Control Plant.

9. Minutes of the September 7, 2005, meeting of the Musconetcong Sewerage Authority received October 7, 2005.

DOT/DEP/LOI

10. Letter received September 26, 2005, from the State of New Jersey, Department of Environmental Protection regarding Highlands Water Protection and Planning Act / Revocation of Certain Designated Sewer Service Areas in the Highlands Preservation Area. Proposed Amendment to: Northeast, Sussex, Upper Delaware and Upper Raritan Water Quality Management Plans. All Effected Water Quality Management Plans.

11. Letter received September 30, 2005, from State of New Jersey, Department of Transportation regarding funding for 2006 Safe Streets to School Program.

12. Letter received September 30, 2005, from the State of New Jersey, Department of Transportation regarding funding for 2006 Safe Streets to School Program.

13. Letter received October 3, 2005, from Suburban Consulting Engineers, Inc. regarding Application for Land Use Regulation Route 206- Sussex Branch Bike Path – Byram, NJ

14. Letter received October 5, 2005, from the State of New Jersey, Department of Environmental Protection regarding Marotta Single Family Home Block 44, Lot 20.04 (Chester) and Block 6600, Lot 8 (0-2 Route 206, Mount Olive)

15. Letter received October 6, 2005, from Commissioner Jack Lettiere, State of New Jersey, Department of Environmental Protection regarding Mount Olive receiving $109,000.00 in funding from NJDOT Fiscal Year 2006 Municipal Aid Program for Pleasant Hill Road, Phase II.

16. Letter received October 7, 2005, from the State of New Jersey, Department of Environmental Protection regarding Feola Single-Family House, Block 7000 Lot 75, River Road, Highlands Exemption.

COAH

17. Letter received September 26, 2005, from the New Jersey Highlands Council regarding Partnership Meetings.

18. Letter received September 26, 2005, from the State of New Jersey, Council on Affordable Housing regarding Resolution extending substantive certification.

LEAGUE OF MUNICIPALITIES

19. Shuttle Bus Accessibility Form received September 26, 2005, from the New Jersey State League of Municipalities regarding shuttle service for the League Convention.

20. Letter received September 26, 2005, from the New Jersey State League of Municipalities regarding ADA Compliance.

21. Letter received September 26, 2005, from the New Jersey State League of Municipalities regarding Hospitality Functions and Room Accommodations.

22. Letter received September 29, 2005, from New Jersey State League of Municipalities regarding 2005 Conference Resolutions.

23. Mayors Advisory received October 5, 2005, from New Jersey State League of Municipalities regarding Joint Forum with Highlands Council.

24. Letter received October 6, 2005, from the New Jersey State League of Municipalities regarding a Federal Action Alert – Preemption of Refinery Sitting in Katrina Energy Bill.

MISCELLANEOUS

25. E-mail received September 23, 2005, from Morris County Chamber of Commerce regarding Morris County Heart Walk.

26. Local Finance Notice received September 28, 2005, from New Jersey Department of Community Affairs regarding Local Government Responses to the Gulf Coast Hurricanes.

27. E-mail received September 28, 2005, from Ray Chang, P.P (Historic Preservation Program Coordinator, Morris County Preservation trust regarding nominations for Endangered Historic Sites List.

28. Public Notice received September 30, 2005, from New Jersey Highlands Council regarding Agenda for the October 6 meeting.

29. Invitation received October 3, 2005, from Morris County MUA regarding “The Faces of Recycling” The 18th Annual Morris County Recycling Awards Dinner.

30. Letter received October 3, 2005, from Bank of America regarding new name and fall events.

31. E-mail received October 3, 2005, from Morris County Chamber of Commerce regarding advertising in the November issue of Business Life.

32. E-mail received October 4, 2005, from Morris County Chamber of Commerce regarding Good Morning Breakfast honoring Sid Kohn.

33. E-mail received October 4, 2005, from Morris County Chamber of Commerce regarding Expanding your Business through Technology Seminar.

34. E-mail received October 5, 2005, from Lorissa Whitaker regarding Notice of State Planning Commission.

35. Information packet received October 6, 2005, from the Susan G. Komen Breast Cancer Foundation regarding Grants at Work, Welcoming New Board Members, Public Policy, and Calendar of Events.

TORT

36. Summons received September 30, 2005, from Superior Court of New Jersey Regarding Sun Wall Systems, Inc. v. Blackstone Group, LLC, Great American Insurance Company, Township of Mount Olive, XYZ Corp.

37. Letter received October 3, 2005, from Wahl and Ast regarding Civil Action Order / Glasson v. Gonzalez signed and filed by Judge MacKenzie on September 23, 2005.

38. Letter received October 7, 2005, from Scibal Associates in the matter of Peter Paul Hannah vs. Township of Mount Olive, et al.

LEGISLATIVE REPRESENTATIVES

39. E-mail received September 23, 2005, from Congressman Frelinghuysen regarding Host Town Hall meeting in Mount Olive, Great Piece Meadows Preservation will help control flooding, announcement of $499,000 Grant for “History Lab” at West Morris Regional High School District, and preparing for Hurricane Rita.

40. Letter received September 26, 2005, from Assemblyman Guy Gregg regarding award of funding from the New Jersey DOT for the 2006 fiscal year Safe Streets to Schools Program for $60,000.00.

 

President Greenbaum: There are 40 pieces of Correspondence on the amended Agenda. Does anyone wish to discus any particular piece of Correspondence?

Mr. Buell: Just a question on number six, the County approved our resolution to have no parking, no stopping and no standing on Flanders Road. Where do we go from here now? Does this now go to the Chief and.....

Mr. Dorsey: Well, he has to post the signs.

Mr. Casey: Right, or the County posts them. You adopted the ordinance on that correct?

Mr. Dorsey: Is that a County road. Or is that...

Mr. Buell: That is a County road.

Mr. Dorsey: If it is a County road, it is up to them to post the signs.

Mr. Buell: Also on number 12, I would like to ask if we could possibly move to the top of our priority list for DOT requests, every year the sidewalk in front of the school on Cory Road and also the sidewalk on Flanders-Netcong Road up along the school property.

President Greenbaum: Can you get back to us on that Mr. Casey, whether or not that is doable?

Mr. Casey: Yes, this grant of course is specific for the Rt 46 issue. So you’re looking for a new grant on the sidewalks.

President Greenbaum: Yes, what is a good time frame Mr. Casey in terms of getting back to us on that?

Mr. Casey: Well, the issue is the funding mechanism, so basically what we can do is at this point is program that in to your 2006 funding budgets.

President Greenbaum: Okay, I will ask the Clerk to put it as a tickler item at the time we move forward with the 2006 budget. Anyone else, Mr. Buell did you have anything else?

Mr. Buell: No, that was all.

President Greenbaum: Anyone else with any issue on any particular piece of Correspondence? Seeing none, we will move on.

ORDINANCES FOR PUBLIC HEARING

President Greenbaum: The first ordinance for public hearing is, Ordinance #45-2005 entitled:

Ord. #45-2005 Ordinance of the Township Council of Mount Olive Township Authorizing Real Property Tax Exemption and Payments in Lieu of Taxes for Property Known as Block 6000, Lots 12.01 and 12.02 Pursuant to the Long Term Tax Exemption Law, N.J.S.A. 40A:20-1, et seq.

President Greenbaum: Is there anyone from the public who wishes to be heard on this particular
ordinance at this time? Seeing none, I close it to the public an would ask Mrs. Labow to please
move Ordinance #45-2005.

Mrs. Labow: I move Ordinance #45-2005 for adoption and final passage.

Mr. Rattner: Second.

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

 

ROLL CALL: Passed Unanimously

President Greenbaum: Ordinance #46-2005 is passed on second reading and I hereby direct the Clerk to forward a copy of same to the Mayor and publish the notice of adoption as required by law.

President Greenbaum: Next ordinance for public hearing is Ordinance #46-2005 entitled:

Ord. #46-2005 An Ordinance of the Township of Mount Olive Establishing Salaries of Department Heads, Supervisory and Certain Non-Union Personnel and for the Employees of the Township Clerk’s Office for the Year 2005.

President Greenbaum: There has been and I have been involved in some discussion related to this particular ordinance and we will be moving to bring an additional ordinance related to this which will ultimately modify this ordinance. The request is to move it forward at this point so that the employees who have been without salary increases through October can get their retro checks and we are going to make a reversionary ordinance to modify the terms of the ordinance that we are passing tonight. Does everyone understand that? We will get more into it as we move forward. Is there anyone from the public who wishes to be heard on Ordinance #46-2005? Seeing none, I close it to the public and would ask Mr. Rattner to please move Ordinance #46-2005.

Mr. Rattner: I move for adoption and final passage of Ordinance #46-2005.

Mr. Mund: Second.

President Greenbaum: It has been moved and seconded. Is there any Council discussion related to Ordinance #46-2005?

Mr. Rattner: I understand what you said and I agree with you as long as we make sure this time that the new ordinance or the amendment, how we are going to handle that, and I know you will be working on that. Is it consistent with the court order as it came down, I guess it was Wilpert vs. Mount Olive Township because I think it was very clear on exactly the title and the way the funding traveled and I agree with you that our employees... we have agreed to certain increases which I don’t think were extraordinarily large, in fact they were very modest and that they do deserve it and just like anybody else when you do a raise they should find it in their paychecks so I don’t want to hold it up.

Mr. Dorsey: The amended ordinance will be very simple. It will change one title from Director of Health and Social Services to Health Officer. That was essentially the result of the litigation entitled Wilpert and De La Roche and the Township of Mount Olive a year ago. The salary will remain the same but it will simply be attributed to the position in which Wilpert has tenure in as much as he has never been appointed by the Mayor to the position of Director of Health and Social Services.

President Greenbaum: Does everyone understand? So we are now just dealing with the ordinance as is currently reads. Are there any other comments with the ordinance as it currently reads? Seeing none, Roll Call.

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

President Greenbaum: Ordinance #46-2005 is passed on second reading and I hereby direct the Clerk to forward a copy of same to the Mayor and publish the notice of adoption as required by law. The next ordinance for public hearing is Ordinance #47-2005 entitled:

Ord. #47-2005 Ordinance Appropriating $22,763 for a Pavilion for Turkey Brook Park in and by the Township of Mount Olive, in the County of Morris, New Jersey.

President Greenbaum: Is there anyone from the public who wishes to be heard on Ordinance #47-2005? Seeing none, I close it to the public and I would ask Mr. Mund to please move Ordinance #47-2005 for approval.

Mr. Mund: Thank you Mr. President, I move for adoption and final passage of Ordinance
#47-2005.

Mr. Perkins: Second.

President Greenbaum: I hereby declare Ordinance #47-2005 is passed 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. At this point in time I would like to recognize Stan and Dan from Turkey Brook Park Partners and I would ask that you come up to the microphone give your name and address for the record please.

Stanley Borowski, 57 Woodbine Avenue, Mount Olive Park Partners

Dan Kosnik, Mount Olive Park Partners, 8 Victoria Dr. Flanders

Mr. Borowski: At this time, we would like to thank the Council and the Administration for moving forward on building the pavilion at Turkey Brook Park. It started a couple of years ago when a senior citizen came to us and said, “you have all these sports facilities, how about something for us, something that we can enjoy?” I am glad the Council and the Administration went with the pavilion. It expands the use so more people can use the park, it is not just sports.

Mr. Kosnik: Just to add on to that, Turkey Brook was always slated as a facility for all the Township residents. Anybody that has gone there has seen mostly youth using the soccer and the baseball and softball and so forth. Hopefully with the building of the pavilion that will encourage all the residents of the town to use it and get it more exposure and just to enhance, I think a gem in our Township.

Mr. Borowski: So at this time we would like to present our check to the Mount Olive Township to the tune of $10,000.00. This is our biggest contribution to date.

Mayor De La Roche: First of all I would like to thank the Park Partners for the wonderful job they do, not only in this instance but in all instances. Obviously, this will be used in the betterment of all the citizens of Mount Olive and give the opportunity for everybody to use the park more efficiently and give them an opportunity to get out of the sun or the rain, or whatever the weather dictates that day. So I want to really thank them again.

Mr. Borowski: I would also like to thank you, and I look forward to working with you guys in the future to the betterment of Mount Olive.

Mrs. Labow: Stan and Dan, do you have any fundraisers coming up soon? Do you want to....?

Mr. Kosnik: Yes, we are currently working on MOopoly. It is based on the same concept as the famous board game Monopoly and basically it is funded by businesses buying up the properties through the advertising dollars. Then we sell the game and then they advertise their business by players landing on their property’s spaces.

Mrs. Labow: How many more spots do you have left?

Mr. Borowski: We still have a good deal. We sold fourteen, right now there are a total of 40 spaces and there is the board cover which goes for a little bit more. There are also patron spaces that go for $100.00 for a line on the board.

Mr. Kosnik: Okay, we would encourage anybody that has a business in town or if you have a cause. The Kiwanis is one of our sponsors for this. So it doesn’t have to be a retail establishment or a service establishment, anybody that wants to donate to the Town and see their name on the board. Hopefully, it is going to be played by thousands of people that buy the board games over these next few years. Please look us up at our phone number in the Township Directory.

 

 

Mr. Rattner: I just wanted to say, over the last couple months and also last year I took quite a bit of heat, because of what my priority is, to get this pavilion in. The pavilion is actually one of the cheapest components that we have up on Turkey Brook, which is probably the most cost effective when you figure out how many people are going to be able to use it. I have heard it, not just from the senior citizens who say, I thought it was for everybody, where can I go to get out of the sun. It is also for people with young children. It is not good to be in the sun there when they come to see their children play in organized sports. I also want to congratulate the Park Partners. It is hard raising money. I know a lot of us support everything you do and it takes a lot of work. This contribution is going to pay for about 20% to 25% of the total cost of this very much needed
component in the park. So again, from everyone I’m saying thank you. I think this is what builds a sense of community. This is where the government and the community members work together and we can get a lot more done. That is what I am really proud of, not just that it’s getting this done, but the way you have been able to get all the different citizens and the people through your group to raise the money to get this project. Thank you.

President Greenbaum: At this point we are onto Ordinance #48-2005 entitled:

Ord. #48-2005 Bond Ordinance Amending Bond Ordinance Numbered 36-2003 of the Township of Mount Olive, in the County of Morris, New Jersey Finally Adopted September 30, 2003, Providing for Ironia Road Improvements in Order to Increase the Appropriation Amount from $109,180 to $139,180.

President Greenbaum: Is there anyone from the public who wishes to be heard on
Ordinance #48-2005? Seeing none, I close it to the public and I would ask Mr. Rattner
to please move for adoption of Ordinance #48-2005.

Mr. Rattner: I move for adoption and final passage of Ordinance #48-2005.

Mr. Mund: Second.

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

Mrs. Labow: I just have one question, this is for Mr. Casey. Is this going to be the final price, and the latest oil prices so on and so forth...

Mr. Casey: You have, later on in the Agenda, the formal bid that you are awarding to Sanitary Construction. It is unit price bid, which there are no units in there which could be changed for gas and oil.

Mrs. Labow: Okay, thank you.

President Greenbaum: Any other comments or questions? Seeing none, Roll Call.

ROLL CALL: Passed Unanimously

President Greenbaum: I hereby declare Ordinance #48-2005 is passed second reading and I hereby direct the Clerk to forward a copy of same to the Mayor and publish the notice of adoption as required by law.

ORDINANCES FOR FIRST READING – (2nd reading November 1, 2005)

President Greenbaum: Ordinances for first hearing Ordinance #52-2005

Ord. #52-2005 Bond Ordinance Providing for the Construction of a New Department of Public Works Facility and the Relocation of the Existing Facilities in and by the Township of Mount Olive, in the County of Morris, New Jersey, Appropriating $1,900,000 Therefor and Authorizing the Issuance of $1,805,000 Bonds or Notes of the Township to Finance Part of the Cost Thereof.

 

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

Mr. Perkins: Yes, Mr. President. I move that Ordinance #52-2005 be introduced by title, and passed on first reading, and that a meeting be held on November 1, 2005 at 7:30 p.m. at the Municipal Building, 204 Flanders Drakestown Road, Mount Olive, NJ, for public hearing, consideration of second reading and passage of said Ordinance, and that the Clerk be directed to publish, post and make available said Ordinance in accordance with the requirements of the law.

Mr. Mund: Second.

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

ROLL CALL: Passed Unanimously, with the exception President Greenbaum voted no.

President Greenbaum: Next item for discussion is Ordinance #53-2005 entitled:

Ord. #53-2005 An Ordinance to Amend Section 4-26, Establishment of Chapter 4, Administration of the Code of Ordinances to Provide for Severance Benefits for the Township Administrator.

President Greenbaum: Mr. Buell, could you please move that for first hearing.

Mr. Buell: I move that Ordinance #53-2005 be introduced by title, and passed on first reading, and that a meeting be held on November 1, 2005 at 7:30 p.m. at the Municipal Building, 204 Flanders Drakestown Road, Mount Olive, NJ, for public hearing, consideration of second reading and passage of said Ordinance, and that the Clerk be directed to publish, post and make available said Ordinance in accordance with the requirements of the law.

President Greenbaum: It has been moved, is there a second?

Mr. Rattner: Second.

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

Mr. Mund: Thank you Mr. President. I would ask for the interpretation of how this falls into the Faulkner Act as opposed to Title 40 from our attorney. I am confused, I think they are sending two different messages.

Mr. Dorsey: If you recall, the discussion that we had two weeks ago...

Mrs. Labow: He wasn’t here.

Mr. Dorsey: There was a discussion led by the interim township administrator that under the circumstances of the Township wishing to retain a new township administrator, for what is half the usual term, 2 years, it would be necessary in order to get qualified applicants to offer to them some type of termination pay. Under the general statutes dealing with administrators, it provides that a municipal administrator may be dismissed without cause, without a hearing but with 3 months termination pay. The Faulkner Act does not thusly provide, the Faulkner Act provides only for the dismissal of an administrator after charges are brought against him. He is afforded a hearing and 2/3’s of the Council vote to dismiss but there is no provision for termination or severance pay. The purpose for the motivation for proposing this ordinance is that the Township cannot enter into a contract with presumably the next township administrator unless there is something in the ordinance that permits severance pay to be offered. Now beyond this, the administrator has developed some clever wording for the contract to provide for this severance pay because the problem we are faced with is, this is a Faulkner form of Government and the Faulkner Act does not specifically provide for this form of termination (i.e. without charges and without a hearing) nor does it provide for severance pay to be made but without, well now I am speaking for Mr. Casey because he argues these points very eloquently. The only way you can get to the point of offering the contract and then there will still be an issue of the terms of the contract is if you have an ordinance that authorizes the payment of severance pay. It is very definitely a two step process

Mr. Dorsey (cont’d): here. One, you need an ordinance to even begin the process, then you have an ordinance that authorizes the granting of severance and then there will still be the issue of entering into a satisfactory contract where both the new administrator and the Mayor give up the right at any time to assert what would be the right of an administrator of who is being dismissed under the Faulkner Act.

President Greenbaum: Does that answer your question Mr. Mund?

Mr. Mund: I think so.

Mr. Dorsey: It is fairly simple, the Faulkner Act, which is what this municipality is, does not provide for severance pay. It gets to be very dicey about doing this, but the administrator has tried diligently to develop appropriate legal language to bind everybody in so that in one sense the Council can dismiss the administrator much more easily than it could under the Faulkner form of government and at the same time making the administrator entitled to a severance pay.

Mr. Buell: Just a quick question, I see no sunset provision in this. If we pass this ordinance will this remain in effect after this particular administrator.

Mr. Dorsey: Yes, but of course it only becomes effective if you can work out a contract that is satisfactory to provide for the severance pay. Talk to Mr. Casey up there...right Mr. Casey? I mean I am stealing all of your hard work here.

Mr. Casey: You’re doing such a good job John that we are letting you venture forth.

Mr. Dorsey: I always get in trouble when I support your positions.

Mr. Casey: Sorry about that, I think it is very specific. The statute remains in place but it is a permissive option available to this Council and future councils to provide a contract which has severance in it, if you so desire or if you can work out the details. So this basically puts in place the mechanism for you to use, if you wish to go forward in that phase, it does not require that you have one, it says may.

President Greenbaum: Any other questions?

Mrs. Labow: Mr. Dorsey, if, say... we do take on a Business Administrator and we decide to terminate them for whatever reason, it is my understanding that the Mayor has to agree that we can do that as well as the potentially new Business Administrator. What would keep them from taking us to court and falling back on the Faulkner Act?

Mr. Dorsey: Mrs. Labow, you have just raised all the legal issues that have been debated between Mr. Casey and myself for the last two weeks. Mr. Casey has been rather resilient in trying to fend off the argument which is, can you really do this in a Faulkner form of Government where, indeed, the form of Government has been selected by the people by way of a referendum that took place 35 or 36 years ago. When, indeed, under the Faulkner Act it does not provide for severance, in what he proposes is a contract that is signed by the administrator in which the administrator waives any right to what would be his rights under the Statute that provides for termination in a Faulkner Community. The Mayor waives his right to raise the limitations placed in the Faulkner Act for dismissal of an administrator and the council then conquers and grants the severance pay on the basis of these people waiving. Not these people, the administrator and the Mayor waiving any objection to essentially the assertion of Title 40A in a situation in which it’s Title 40:69 that it applies to the situation. It is a complicated dicey situation.

President Greenbaum: I can summarize it for you Colleen, in the best terms that I understand it number one you can always waive rights that you have by way of contract, number two you can never stop anyone from going into court and asserting rights which they otherwise would have but for the contract.

Mrs. Labow: I have a problem with the fact that we tried to use this ordinance previously and where taken to court.

Mr. Dorsey: In fairness to Mr. Casey there is a difference here. We asserted what we did a year ago and we did not have a contract with that administrator in which he waived his rights to charges in a formal hearing. He was of course given a hearing and then he got into the process of trying to back peddle but the situation is not exactly the same because there was no written contract in which we say the protection for the administrator under the Faulkner Act was waived.

Mrs. Labow: So basically, to simplify it even further, it’s a risk we are taking. Who knows what the outcome would be if we should decide to terminate for whatever reason, we take our chances either way.

Mr. Dorsey: In some respects I would say that Mr. Casey has been ingenious in developing language that even I must acknowledge under most circumstances would have the administrator and the Mayor waiving their right to waive the objection which you have just raised.

Mrs. Labow: Thank you.

President Greenbaum: Any other Questions?

Mr. Rattner: Just a comment. You know we are in a situation we have to deal with the way the cards are dealt. Right now we are two years into the Mayor’s term, which is four years. We need an administrator, to get somebody to come in because it is not a four year appointment anymore. It is basically a two year appointment. We will have to see what happens. Number two, I don’t think anybody can deny that Mount Olive is in a difficult situation because of the politics involved. Not saying who, what, or why. It is just the way it is right now and if we want to get somebody in and somebody that has our experience or somebody that has our job now and we want to get them in because we have a job to get done, we have to give them a certain amount of guarantees. I mean they have to feed their families and everything else otherwise we are not going to get it. I think in industry this is not unusual. It doesn’t mean we have to agree if we find the right person and this is what it takes. This gives us ability to do it. Mr. Casey gave us that explanation and I happen to agree with him 100%. This is the situation we are in today and it is the only way we are probably going to get somebody that we feel is acceptable.

President Greenbaum: Okay, thank you. Anyone else with any comments or questions? Seeing none, Roll Call.

ROLL CALL: Passed Unanimously with the exception of Mrs. Labow, Mr. Perkins, voted no

President Greenbaum: My general thought is to vote no, ultimately on this ordinance but yes interms of first reading. We have a new ordinance as we discussed before for first hearing and that is Ordinance #54-2005 entitled:

Ord. #54-2005 Ordinance to Amend and Supplement an Ordinance of the Township of Mount Olive Establishing Salaries of Department Heads, Supervisory, and Certain Non-Union personnel and for the Employees of the Township Clerk’s Office for the Year 2004 Referred to as Ordinance # 46-2005.

Mr. Dorsey: This ordinance made one change in ordinance you just passed and that is to delete the
title of Director of Health and Social Services and insert the title Health Officer.

President Greenbaum: Mrs. Labow, could you please move Ordinance# 54-2005 for first hearing.

Mrs. Labow: I move that Ordinance #54-2005 be introduced by title, and passed on first reading, and that a meeting be held on November 1, 2005 at 7:30 p.m. at the Municipal Building, 204 Flanders Drakestown Road, Mount Olive, NJ, for public hearing, consideration of second reading and passage of said Ordinance, and that the Clerk be directed to publish, post and make available said Ordinance in accordance with the requirements of the law.

Mr. Mund: Second.

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

ROLL CALL: Passed Unanimously

President Greenbaum: At this point we are up to 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 Authorizing the Assignment of a Supply Contract Bond Submitted by Northeast Mesa, Specifically Gulf Insurance Co. Bond No. BE0944093.

2. Resolution of the Township Council of the Township of Mount Olive Awarding a Contract to Andy-Matt Inc. and J&R Tree Service for Snowplowing Services for 2005-2006.

3. Resolution of the Township Council of the Township of Mount Olive Awarding a Contract to Sanitary Construction for Ironia Road Drainage Improvements.

4. Resolution of the Township Council of the Township of Mount Olive Authorizing the Acceptance of a Grant for Implementation of the Storm Water Management Regulations of the State of New Jersey.

5. Resolution of the Township Council of the Township of Mount Olive Authorizing the Filing of an Application for Balanced Housing Funding to Assist the Construction of Senior Citizen Housing at Mount Olive Manor.

6. Resolution of the Township Council of the Township of Mount Olive Awarding a Contract to Storr Tractor for One (1) Aerator for Buildings & Grounds Division.

7. Resolution of the Township Council of the Township of Mount Olive Approving Change Order #2 and 3 to the Contract to CFM Construction for Improvements to the Drakes Brook Sewer Pump Station.

8. Resolution of the Township Council of the Township of Mount Olive Authorizing the Mayor to Enter into an Agreement with the County of Morris for Use of the Emergency Notification System.

9. Resolution of the Township Council of the Township of Mount Olive Honoring the Reverend Robert Mitchell.

10. Resolution of the Township Council of the Township of Mount Olive Extending the Time for the Completion of Improvements in Connection with Wyndham Pointe Section 4.

President Greenbaum: Are there any Resolutions #1-10 on the Consent Resolutions Agenda which any Council member wishes to be moved to the non consent agenda? Seeing none, I would ask Mrs. Labow to please move the consent resolutions agenda.

Mrs. Labow: I move for passage of Consent Resolutions #1-10.

Mr. Mund: Second.

 

 

PUBLIC PORTION ON CONSENT RESOLUTIONS

President Greenbaum: It has been moved and seconded. Is there anyone from the public who wishes to be heard on any of the 10 Consent Resolutions? If you are going to speak, you are going to have to come up to the microphone. I am sorry and you have to state your name and address, the reason for that is that the record is put together from a tape recording and we can’t have you speaking from the audience.

Ann Cassandra, 23 Kenmar Road, Budd Lake: I had just one quick question on hiring the administrator. Who actually does the hiring? Is it the Mayor or is it the Council and the Mayor as a block? I just wanted that question because....

President Greenbaum: Well, that’s not on the..... I can answer that. In the Faulkner form of government, the Mayor has the right to choose who he wants to be a department head and/or business administrator and the Council has to concur in his choice by majority in order for the appointment to take effect.

Mrs. Cassandra: Okay, thank you. Then that answers my question.

President Greenbaum: It is similar to the way the Supreme Court Justice is chosen. When the President nominates somebody, then ultimately the Senate decides by majority vote whether or not to confirm the individual. Anyone else from the public, Ned did you have something? Please state your name and address for the record.

Ned McDonald, Budd Lake: This is in relation to the one for the aerator from Storr Tractor. With only one bid, it leaves me rather uncomfortable and the statement that, the equipment is specialized with only one manufacturer who markets this area. I mean an aerator I would think that if you talk to people who run golf courses, is this a ground aerator, am I thinking the right thing? I would think with all the golf courses in the area etc. and farmers throughout the area, I would think there has to be more availability than one specialized manufacturer that makes an aerator. It doesn’t look like it could be that specialized.

Mr. Casey: If I might Ned, it is mounted on existing equipment, so that the aerator that we are looking for uses our existing tractors which are Case tractors and the only equipment...and you are right there are other aerators which are done by John Deere or Toro or other ones like that. The fact is since we are using an existing piece of equipment and this attachment that goes to it, the only one that makes this attachment to go to our equipment happens to be this one right here. So because we are not buying a tractor with it, we are just buying the attachment we are sort of trapped into that attachment.

Mr. McDonald: Okay, thanks.

COUNCIL COMMENTS ON CONSENT RESOLUTIONS

President Greenbaum: Thank you, is there anyone else from the public who wishes to be heard on the consent agenda? Seeing none, I close it to the public. Is there any Council member who wishes to offer a brief clarifying statement seeing none, Roll Call.

ROLL CALL: Passed Unanimously

RESOLUTIONS NON CONSENT

President Greenbaum: We are up to the Non Consent Resolutions. The first Non Consent Resolution is #11. Mr. Perkins could you please move that?

11. Resolution of the Township Council of the Township of Mount Olive Authorizing the Acceptance of a Grant for the “Cops in School” Program of the U.S. Dept. of Justice.

Mr. Perkins: Yes, I move for adoption of Non Consent Resolution #11.

 

President Greenbaum: It has been moved and seconded, is there anyone from the public who wishes to be heard on Non Consent Resolution #11? Seeing none, I close it to the public, is there any Council discussion in respect to #11.

Mr. Rattner: Two things on this. I asked, I guess a month ago because even though the grant and grants are good, there is a local component and it increases over each year. I asked if this was a priority and the administration said that it is. Where are we going to get the money? We are still in a situation that our ratables are decreasing, so I look at this as a net zero gain. If we are going to spend more money on one item, we are going to have to find it from someplace else. If it is that important, what is on the bottom of the list to drop off, I didn’t get that. The other disconcerting thing that happened...that’s the only reason I think having more cops would be great. I had a couple of meetings in Morristown today and I cannot believe how many County staff came up to me from the articles in the newspaper and saying how bad is the gang problem in Mount Olive from reading the newspaper articles. One of them actually wanted to know, should they let their child have some sort of activity that was going to be on a Saturday in the school. If the gangs are really hanging around and their markings are all over, he said he read it in one of the newspapers. What do they call it...marking tagging, whatever. He said, is it really that bad? I said I don’t know what you are talking about and I tried explaining, whatever the redirect we are doing, that’s what’s out there. I don’t see that as a problem but this came from staff at the County level and they should know if there is anything really going on. As I said the reason why I cannot support it at this time is that if we have it, no matter how much it is $20,000.00 the first year $30,000 or $40,000.00 and as it increases where are we going to get the money from? We have problems with rising taxes as it is. If it is important, where are we getting the money from? That was not forthcoming.

President Greenbaum: Thank you, Mr. Perkins.

Mr. Perkins: Thank you Mr. President. Like my colleague Mr. Rattner, I also have a concern about where the money is going to come from. However, regardless what the other residents of the County or other municipalities feel, do we have a gang problem here? I would have to defer that to the Police Department. Will we have a gang problem? Maybe. Do we as responsible parents want to be pro-active and take the grant that we are being offered as other municipalities have, with the understanding, that yes we are going to gain 2 extra police officers? Yes we are either going to have to pay extra taxes for our children to be safe in those schools and to have an officer that they can confide in or we will be able to attract enough other ratables over the next four years to be able to pay for those officers. In my opinion I will either pay the taxes or attract ratables. My son will be out of the school but I am looking at all the other children that will be there. I don’t want a gang problem in Mount Olive. I want extra police. Thank you Mr. President.

President Greenbaum: Anyone else?

Mrs. Labow: I think people are missing the whole point of this grant. It isn’t just related to gangs in the school. It’s a preventative measure to one degree and we also have the Dare Program in the Elementary School. We have it in the Middle School and we kind of dropped the ball when the kids get to the High School and they really need to have an officer there that they can continue to tie in with the Police Department. So that they could have someone they could go to. It’s beginning with some of the officers in area communities who took on the SRO program without the benefit of this grant. They found it to be more beneficial then they ever even dreamed possible. A lot of the students will come up to the officers and discuss problems they are having, before they will go to their teacher or their or Administrator because they feel that comfort. I think it is so vitally important for our students to have another avenue, some place else to go and by putting these officers in our School System it just enhances our children’s well being all the way around and therefore I think it would be foolish for us not to approve this and to take advantage of this grant at this time.

Mr. Rattner: Mrs. Labow, I think you made my point, other towns had said, it is a priority and have found a way of funding it, we can’t even do that.

President Greenbaum: Anyone else?

 

Mr. Buell: Again I don’t know where the emphasis on gangs came from but Mount Olive is like any other town in the USA, the drugs, abuse, we have street crime, we have gang violence, we have sexual abuse, we got it all and it’s all in our schools. I recently read an article in the newspaper that the 18 to 25 year old group of people in this country, the drug abuse, the alcohol abuse is twice as much as it was 10 years ago. This is a pro-active approach to an issue that unless we get a handle on it, we are going to end up with what we have been failing to do for the last twenty years and that is incarcerating people. If this program, if one of these two cops saved one kid, puts him into a productive life, I think it is money well worth spent and I will also vote to increase my taxes to do it.

President Greenbaum: Anyone else? I have one comment. I think from my research and speaking to different business administrators, where the cop in the schools has been undertaken, that it is a worthwhile program and I agree with you wholeheartedly, Mr. Buell, that the protection of our children is one of the paramount interests that we have as we sit up here. However, as Mr. Rattner said, I am not convinced number one, that we don’t already have sufficient staffing on the Police Department. If it is such a priority to take from what we already have existing to put them into the schools. I believe the Dare Program has worked very successfully and I base that upon the observations based on my own children and my neighbors children, who all have taken the education that they have gotten through the Dare Program and I have seen it in action. So I do believe for the reasons that Mrs. Labow had indicated, that the cops in schools program will solve and will stop many issues that we can’t even comprehend as we sit up here right now. Having said that, I am not convinced that ultimately we don’t already have the police officers that could be dedicated to that role and therefore I am going to vote against it. At this point I would ask for Roll Call.

ROLL CALL: Passed Unanimously with the exception of President Greenbaum and Mr. Rattner voted no

President Greenbaum: The next Resolution on the Non Consent Resolutions,

12. Resolution of the Township Council of the Township of Mount Olive Authorizing the Execution of a Developer’s Agreement Based on Preliminary and Final Site Plan Approval for Phase II Expansion Between the Township of Mount Olive and Ronetco Supermarkets, Inc.

President Greenbaum: There was a revision made and that is why it is on the Non Consent Resolutions Agenda. Mr. Mund could you...

Mr. Mund: Thank you Mr. President. Motion to approve Non Consent Resolution #12

Mr. Perkins: Second.

President Greenbaum: It has been moved and seconded. Is there anyone from the public who wishes to be heard on Non Consent Resolution #12? Seeing none, I close it to the public. Is there anyone on Council who has any comments with regard to Non Consent Resolution #12? Seeing none, Roll Call.

ROLL CALL: Passed Unanimously

President Greenbaum: There will be one additional Non Consent Resolution, which I have asked Mr. Dorsey to draft on the fly, as he does so ably, related to the amended ordinance that we introduced for first hearing today and what the intent was of handling it in the manner that we handled it, so that the record is clear.

Mr. Dorsey: Read into the record.

Resolution of Township Council of Township of Mount Olive Expressing for the Record its Intent in Connection with the Adoption of Ordinance #46-2005 and the amendment entitled, Ordinance #54-2005.

Whereas it came on for public hearing and final adoption tonight Ordinance #46-2005 which contained within it a title of a position, Director of Health and Social Services, which title although it exists in ordinances of the Township has not been filled during the last two years because Mayor De La Roche has not seen fit to appoint one to that position. However, during the last year and three quarters, the Township’s Health Officer has fulfilled the duties and obligations of a department head and as a result of litigation, that was pursued last year by Mr. Wilpert as Health Officer, it was determined by the Superior Court that he indeed had tenure in the position of Health Officer and he could not be removed and his salary could not be diminished and he was entitled to the annual standard raises provided to other employees.

Whereas, Ordinance #46-2005 a salary ordinance for the year 2005 contains within it raises for the year 2005 which in turn means, that every employee of the Township has not yet received an increase notwithstanding three quarters of a year has passed and they have served during that period of time. The Township Clerk has taken the appropriate steps so that upon the adoption of this ordinance, the necessary retroactive checks would immediately be issued, and therefore it was the intent of the Township Council or the desire of the Township Council not to impede and to deny all of the employees their appropriate retroactive raise, while at the same time finding it necessary to correct the title contained in Ordinance #46-2005 which it has now done by way of the introduction of Ordinance #54-2005 and which it will pass and adopt substituting the title Health Officer for that of the Director of Health and Social Services.

President Greenbaum: Thank you, Mr. Rattner could you please move that Non Consent Resolution?

Mr. Rattner: So moved.

President Greenbaum: Is there a second?

Mr. Mund: Second.

President Greenbaum: It has been moved and seconded. Is there anyone from the public who wishes to be heard on that Non Consent Resolution? Seeing none, I close it to the public. Is there anyone on Council....Mayor?

Mayor Richard De La Roche, Karen Place, Mount Olive: Mr. Dorsey has misstated the facts in the fact that Mr. Wilbert has never received a salary as Health Officer. He has been holding position without salary, it was not until the Judge ordered the salary that Mr. Wilbert was given, a salary and his entire salary was based on the fact that he was the Director of Health and Human Services. He received absolutely no salary as the Health Officer and his tenure is limited to Health Officer, which is a mandated position and the judge chose for whatever reason to consolidate the figures but Mr. Dorsey stated that he received a salary as Health Officer. He received absolutely no salary as Health Officer at any time until the Judge ordered it, thank you.

President Greenbaum: Thank you, anyone else from Council wishing to be heard? Seeing none, Roll Call.

ROLL CALL: Passed Unanimously

MOTIONS

1. Bill List.

President Greenbaum: Okay, at this point, we are up to Motions and then the Bill List and there are two questions, one is the question raised by Mr. Buell as to the trophy and the second was the issue raised by Mr. Rattner, which related to the submission of bills for reimbursement by the Library. Do you want to handle the trophy issue first?

Mr. Casey: Well, I think the issue on the trophy from what I gather from Mr. Buell is not an issue that has too....the financial arrangements, the issue is the policy as to whether in fact the governing body...whether or not the Township should become involved in providing a donation to the High School Band for their upcoming competition. It has been done, I know it was done when Paul Licitra was here. It’s like a “tradition” and I think Mr. Buell is raising a question to the governing Mr. Casey (cont’d): body as to whether in fact the governing body feels that this tradition should continue. The Administration has followed that tradition. It is titled the Mayor’s trophy, because it is just easier than to call it the Mount Olive Township’s trophy. It is not unusual for municipalities to provide a trophy in the name of...and you know the Mayor represents the Township, per se, in terms of legal structure. The issue that Mr. Buell is raising is a policy that as a governing body is whether in fact you think that is an appropriate expenditure of public funds.

President Greenbaum: I think that it maybe goes beyond that, Mr. Rattner.

Mr. Rattner: I obviously don’t have the history in front of me but I can tell you I have been here the 16 of the 18 years. I purchased a trophy along with most of the other members of the Council. We also make contributions to just about every organization in town.

Mrs. Labow: Out of your own pocket.

Mr. Rattner: Do you want to finish?

Mrs. Labow: No I just didn’t want people to think it was out of our budget.

Mr. Rattner: If you look and what is marked on everything, whether it says Council, Mayor, sometimes it is also extra people. It very clearly states, paid for by private funds, every trophy and most of us up here do it every single year for the same amount of money. Whether it is for the rings, I think it was for the Football Association for the High School for every ad whether it be from band competition to soccer to football that you roped us into for the Junior Marauders. Every one is private funds. It is funds out of us. I know anybody on the Council, if we say it is coming from Councilmen Steve Rattner, we would not in any type of conscience say that we would have the Town pay for it. When it comes from a Councilman or anybody up here or anybody else, it is because it is our personal funds and I really think that is why the question probably came up and again, every ad, anything, whether you go to a football game, probably when the Knights of Columbus come up for their annual scholarship dinner, you will notice it says, stated, paid for by private funds. We want to make sure there is no question to the public that we have never used any public funds for that.

President Greenbaum: Anyone else?

Mrs. Labow: I just wanted to also state that both last year and this year $100.00 came out of my own pocket for what I feel is a very important function and I am proud to be able to do that and next year I will put out $100.00 again. The year after that I will put out $100.00 again as well as a couple thousand throughout the year that I put out of my own pocket for different groups that come to me. I do not ask for Township funds to reimburse me on that.

President Greenbaum: You know I have to support the Administration here. I believe that the Mayor has a discretionary fund that he can use and has chosen to do it here. It is not the way that all of us would have chosen to do it or have done it in the past. I believe the bill should be paid and we should move on to more important issues. Anyone else with any comments? Okay there was one other issue related to the Library Bills.

Mr. Casey: Mr. Rattner, the bills that are listed before you, are legitimate either as section 20 bills i.e. soft cost, some advertising costs some legal costs and stuff. The other costs are capitalized in terms that they go to the building. Sherry indicated that she found that one of the charges had the wrong account was on it, Sherry do you want to...

Mrs. Jenkins: We have two Library ordinances so it should have gone to the...

Mr. Rattner: Okay, well that can be adjusted.

Mrs. Jenkins: Gone to the.... 1st Library ordinance that we amended for the furniture.

Mr. Rattner: I was just asking for an opinion that it was reviewed, that they are appropriate, and I will support it.

Mr. Casey: They are related to hardware, hard costs in the library so it is something that would need a bond life.

Mr. Rattner: I am satisfied.

President Greenbaum: Okay, these were all bills that were approved by the Library Board in terms of the actual expenditures?

Mr. Casey: Correct, what we are doing is reimbursing the Library Board. We have copies of their checks, so these have...

President Greenbaum: Have already been paid...

Mr. Casey: Already have been paid. We are reimbursing the Library.

President Greenbaum: Okay, so we are not passing on things which were actually purchased, only on the appropriateness of us paying them for capital items, which are property capital items.

Mr. Casey: Correct.

President Greenbaum: Okay, does anyone have any comments or any other questions on the Bill List? Seeing none, Roll Call.

ROLL CALL: Passed Unanimously

President Greenbaum: I think we need to re-do that because I am not sure that we moved or seconded it? Mr. Rattner, do you want to move that?

Mr. Rattner: I move the Bill List...what is it 17 pages?

Mr. Perkins: Second.

President Greenbaum: Moved and seconded, Roll Call again.

ROLL CALL: Passed Unanimously

ADMINISTRATIVE MATTERS

President Greenbaum: Administrative matters anything Mr. Casey?

Mr. Casey: No sir.

OLD BUSINESS

• Handicapped Parking at Library

President Greenbaum: Old Business, handicapped parking at the Library.

Mr. Casey: I met with the Library Director and President and told them that they should bid the handicapped parking but do not award the bid until such point in time that the governing body reviews the bids.

President Greenbaum: Anyone with any comments?

Mrs. Labow: Did they give a timeframe on that, Mr. Casey?

Mr. Casey: They indicated that they had to do the plans and specs yet. So you are probably looking at... at least 30 to 45 days.

Mrs. Labow: That is going to bring us to...

Mr. Casey: You will not get it done this winter.

Mrs. Labow: It won’t be done before?

Mr. Casey: No, not the way the weather is going right now.

Mrs. Labow: Yes, true.

President Greenbaum: Any other questions on this subject, comments? Next item,

• Status of Communication with Assemblyman Gregg

Mrs. Lashway: Mr. Guenther asked that to be put on.

President Greenbaum: Oh, Bernie asked for that to be put on. Do you know what that related to?

Mrs. Lashway: It is a letter that he and Mr. Mund are going to send about DOT matters.

President Greenbaum: Oh yes, DOT matters. It wasn’t completed because you were away. Mr. Mund?

Mr. Mund: It wasn’t, I have been gone, I didn’t know about it.

President Greenbaum: Are you going to work on that with Mr. Guenther?

Mr. Mund: Yes.

President Greenbaum: Will you report to us at the next public meeting please?

Mr. Mund: Yes.

• Emergency Access @ Millbrook Estates Update

President Greenbaum: Emergency access at Millbrook Estates update. Chief are you going to address that?

Chief Katona: If you want me too?

President Greenbaum: Yes, unless Mr. Casey....

Mr. Casey: Yes, the Chief can, but just for Council, the people who visited with you two weeks ago, the timing was very good. They met with the Chief. It was actually discussed by the Planning Board the next night because it takes an amendment to the approved site plan and the engineer was there, so they are moving to make that necessary plan amendment. So it is in the process of getting corrected through the Planning Board.

President Greenbaum: Okay, when can we expect a resolution of that issue? Is it going to be dealt with at the next Planning Board hearing?

Mr. Casey: I believe so, but I am not sure when the next meeting is because they keep on canceling it.

Mrs. Labow: Yes, we don’t have one this week, it is the following week.

Chief Katona: It is October 20th the notifications have gone out that the issue will be heard, at that time.

President Greenbaum: Okay, I assume it is the Administration’s position to, in fact, to allow only emergency access? I went up there and took a look at it and it seems the way that it was designed is probably inappropriate for the type of use which it is getting. It is as wide as a roadway at this point. There is nothing more than a sign indicating that it is not for thru traffic, and yet, I imagine because of the way it has been designed, it has actually getting a lot of thru traffic.

Chief Katona: That is correct, it was designed expressly for emergency traffic and probably for some larger fire trucks. It is a second access through there. Why there was no bollards that were in place? I don’t know about that. The Homeowners Association wants to construct a fence to stop traffic, not only with vehicles but also with motorcycles and they are going to fund the project.

President Greenbaum: Okay, that is going to be done through the Planning Board and they will be kept in the loop in terms of...

Chief Katona: The Planning Board needs to authorize the change, I have offered a recommendation that we do need to have that blocked and that anything that is constructed by the Homeowners Association needs to be approved by the Police Department and the Town Engineer.

President Greenbaum: Very good, okay we will put that back on for the first Public Meeting in November.... November 1st just for discussion here as old business. Is there any other Old Business?

Mr. Buell: Yes, I would like to bring up the issue of the daytime status for the rescue squads, paid service or paid ambulance service. I don’t want to discuss it tonight but what I would like to do, it has been six months since we have addressed this issue and we are going into the next budget cycle. We also have the possibility that Mr. Casey, who was involved in the discussion six months ago. Is it going to be possibly replaced in the next month or so? I would like the Administration at this point in time to come back with a status report on the availability of daytime rescue service, what their recommendation is in terms of paid service during that period of time and report back to the Council at some point in time, a month or two in the future.

President Greenbaum: Mr. Casey, what is your timeframe in terms of continued employment with the Township.

Mr. Casey: I am working under hopeful assumption that you will have a new Administrator in place by the 1st or 2nd week in November. Up until that point in time there may be certain things that you may or may not want me to continue on etc. so it is purely going to be up to the Mayor and Council’s call in terms of what additional assistance they want. I can provide, in reference to what Mr. Buell said, an outline as to what has occurred, what the numbers are, and also some comments as to several other locations that I have been involved in which may be transferring over to paid service and how you want to go about doing it, companies that I am affiliated with, we have actually put it in three locations.

President Greenbaum: When can we get that memo from you, reasonably?

Mr. Casey: First of November.

NEW BUSINESS

President Greenbaum: Okay, first of November it is. We will list it under Old Business. Any other Old Business? Seeing none, New Business, seeing none, Legal Matters.

LEGAL MATTERS

Mr. Dorsey: None other than to report that we have entered into a stipulation of settlement in litigation involving the Pizzeria at the Post Office. Remember we were clever enough to find a way to tax federal property, but we haven’t had much success in collecting? Now finally, it has been resolved and we are going to have that taxpayer bring himself up to date in the payment of $26,000.00.

President Greenbaum: Okay, Council Reports.

COUNCIL REPORTS

Library Board Liaison Report

President Greenbaum: Mrs. Labow.

Mrs. Labow: We meet tomorrow.

Recreation Liaison Report

President Greenbaum: Mr. Mund.

Mr. Mund: I did not attend the meeting on the 5th and Colleen attended in my place.

Mrs. Labow: Yes, I attended in Mr. Mund’s place and I must say it was a very pleasant meeting, very informative meeting. They polled the 11 sporting groups to see how they felt about... I hate to say it this way but footing the bill for the background checks and they all agreed unanimously that they will be paying for the background checks. I believe the plan will be implemented that they will be doing the maximum allowed is 80 coaches per month. They have over 600 coaches and they just have to tighten up a couple of the words in the ordinance and they will be bringing it back to Council, is that correct Mr. Casey?

Mr. Casey: I have not talked to Jill in the last few days.

Mrs. Labow: That was my understanding and that should be forthcoming. Probably the next meeting we will have first reading on that as long as they finish it up. The other discussion that came about was the discussion of fields. We do have a tremendous amount of students, children in and throughout the community and we are short of fields not only for practice but for the actual games. It was recommended that they go over and look at the B&H property where some of the fields’ area could be mowed down and could be used as practice fields, which would help to improve or increase the life of our regular playing fields and so Mr. Lynch was supposed to look into doing that. There was a little bit of a mishap at the High School in the construction project, they took out a big chunk of one of the fields and they weren’t able to figure out that they could use the field after all but that kind of gave a lot of people cause for concern. They discussed possibly continuing on with the Triathlon and we are not sure what is going to happen for next year and that was about the end of the discussion.

Board of Health Report

President Greenbaum: Mr. Guenther is not here.

Planning Board Report

President Greenbaum: Mrs. Labow, you have already indicated that... do you have a report?

Mrs. Labow: We had a meeting on the 29th. We had a very interesting on the 29th; we had the Marvel Farms presentation again. We had several residents from the audience. We had some people who were happy with the proposal that the Rosewood Ditch situation would be improved. We had people from further down south of Mountainview School who were concerned by improving the northern part of it would create a situation at the southern part of it. A lot of people were concerned over the water supply. I think everybody just kind of missed the idea we are just looking to make a zoning change. They haven’t applied for anything at this point. We are just looking at a zoning change and do we want to leave the zoning as it is or do we want to change it to adult active. That is where we are at and they are going to come back in December.

Open Space Committee Report

President Greenbaum: Open Space Committee Report, Mr. Guenther is not here. Does anyone have an open space report?

Board of Adjustment Liaison Report

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

Mr. Perkins: Nothing to report.

Legislative Committee Report

President Greenbaum: Legislative Committee Report, Mr. Mund.

Mr. Mund: Nope, that was the open issue.

Pride Committee Liaison Report

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

Mr. Perkins: Nothing Mr. President.

Board of Education Liaison Report

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

Mr. Mund: Nothing to report.

Lake/Environment Issues Committee

President Greenbaum: Lake/Environment Issues Committee, Mr. Rattner.

Mr. Rattner: Nothing to report.

Safety Committee Liaison

President Greenbaum: Mr. Guenther is not here.

Finance Committee Report

President Greenbaum: Finance Committee Report

Mr. Rattner: Nothing to report.

Economic Development Committee Report

President Greenbaum: Economic Development Committee Report

Mr. Rattner: Meeting is at the end of the month.

President Greenbaum: Okay, I have 2 additional items. The first is a report related to the MSA, Mr. Rattner.

Mr. Rattner: Thank you Mr. President, a lot of people in the audience.... Mount Olive is a member of a regional sewerage authority, the Musconetcong Sewerage Authority and we have two Commissioners that represent Mount Olive’s interest. I am one of the Commissioners. The other is a person from Flanders by the name of Michael Pucilowski, a long time Mount Olive resident who also happens to be the Township Engineer of Parsippany. So he is well versed in those issues. I just wanted to say a couple of different things that are happening and I want to at least report periodically and this is the time we do our budget. One we open bids and this if for the Administration to just, see what is happening. We open bids for some chemicals that we use, like soda ash, pherachloride solution. Pherachloride went up about 80% over last year. The cost of soda ash is up about 35%. We are finding out from most of our vendors it looks like everything is going up. This doesn’t include the fuel surcharges, which are going on all the different products as they are delivered. Most is delivered in bulk. Anyway, we do the budget now because we have to have it in place by January 1st. It’s not like the municipality that the fiscal starts January 1st and you can approve the budget in May. So we actually approved the budget last Wednesday. A couple things I just want to state is that over 35% of the budget is fuel related, electric, fuel oil, propane. However I do have good news, we struck the budget, the cost to Mount Olive, even though the gallons keep going up each year, it is going down again. If I look at what we have, the total cost to Mount Olive in 2006 that we are going to be billed is still less than what we were paying in 2001. That is with all the new requirements. The plant is getting older because it was brand new in the middle 90’s and so we are very proud of the fact because one of the things that we do look at is that before we Mr. Rattner (cont’d): make any expenditures or improvements, there is always a cost benefit to look and see that we have picked up some sort of increased efficiencies, which we are doing. So any project you see down there, unless it is safety related we have to do a cost benefit analysis to make sure it is actually costing less. So that is good news. That is something I think I told the Administration last year when we were doing our long term planning. That’s why we felt comfortable in lowering the rates to all water and sewer users two years ago because we knew we wouldn’t have to increase them right away. So at least there is some good news on the budget front. The other thing is that I have been named Chairmen of the Committee that’s looking at the compost facility. If you go through the Trade Zone, you will notice those silos that you see across the street from the BASF property or caddy corner from the Hotels. That is the in vessel composting facility. That is where we treat all our sludge, instead of burning it or what used to be done is throw it out into the ocean or landfill it. That was an award winning project and we covered one third of the cost. You have cost avoidance plus you are making money. However, things have changed, the new stormwater rules, even though we have, MSA has FDA approval because that is how clean the compost is. With the new stormwater rules, the cost for the permits every place where it is used becomes prohibited. So we no longer have a market to try to get rid of it. Another DEP regulation is what they call is recycled or beneficial uses of bio solids, you can’t landfill them. So for four months the committee looked at it. There were different options so we are going to be in the process of decommissioning the composting facility because the technology was passed, there is no way we can get rid of the product. We are hoping to do that without any additional cost, part of what we will do is decommissioning it. We don’t have to tear it down right away and now we are starting to look out to bid for taking away the sludge which has to then be trucked out, whatever they do with sludge doesn’t make any sense at all. However sludge removal, the cost of sludge has been going down in the past couple of years. So don’t expect that to have a major budgetary impact over the next few years. Also with the budget, Mount Olive still has available sewerage in the Budd Lake area we are not covering. We do not have everybody hooked up. We haven’t covered all the costs, if with the Highlands or the planning area designations that we can sell the extra allocation that will bring the cost down in the future. The bottom line is right now, that the MSA will not be billing Mount Olive Township anymore money than it did in the prior year.

President Greenbaum: Thank you, good news. Mr. Casey, there was one issue I meant to raise before related to the Library. I had a meeting with various concerned residents, concerning the decreased Library hours. Has that now been resolved through the repayment of these expenses?
I understand the transfer in terms of unused salaries dollars into their operating account, do we have a commitment from the Library that the issue will be addressed tomorrow evening and resolved favorably so that the Library will be open its normal hours throughout the course of the year.

Mr. Casey: When I met with the Finance Officer, the Library Director, and the President of the Library Board and the Treasurer, we went over that issue. They indicated that yes, they would take that action tomorrow night restoring their hours because of the funds that we transferred within the last two days and they received State Aid, etc. They should be in a cash positive position.

President Greenbaum: Okay, at this point I would like to ask Mr. Buell and Mr. Rattner to join me on an ad hoc committee that I am putting together to discuss and to look at both the development of the BASF property and the Trade Zone to see what options are available to meet with the property owners there? Mr. Buell, I assume you would have no problems doing that. I have asked the Clerk to set up meeting with both BASF and with the Trade Zone on a go forward basis.

Mr. Casey: Just so you are aware we are in contact and have been meeting with BASF people so we will be happy to provide you with those names as to who is marketing it and as to what they are doing with the current status of “smart growth” which the State is impacting on them.

President Greenbaum: It might be beneficial to have a member of the Administration to meet with us as a group as we move forward with this committee.

Mr. Casey: Yes, fine.

 

President Greenbaum: If someone has information which is pertinent to the development, then it benefits the entire Township. I have asked the Clerk to set up those meetings. I will make sure that your office is kept in the loop. That resolves all the Council Reports. At this point, I will open it up to the public for anyone who wishes to discuss any particular issue. I am going to start in the back. Mr. Kamin, please state your name and address for the record.

PUBLIC PORTION

Richard Kamin, 13 Downstream Drive, Flanders: Mr. Chairman, good meeting. I wanted to comment to Mr. Casey. Thank you for professional service. You have preformed admirably under difficult circumstances during your tenure here. Thank you, as a citizen. A question for the Council
as a point of clarification, the Non Consent Resolution, I guess #13, was drafted by our learned Counsel, addressed, I guess the law of unanticipated consequences and that is when the litigation was entered into by the Administration it had the unanticipated consequences of holding up salaries of a number of municipal employees. Is that correct? And my question is, how many were held up?

President Greenbaum: No, that is not correct. What had happened is that the discussions that were related to salary increases is ongoing with our unions. The increase with respect to non- union individuals is directly tied to the union discussions. Certain decisions were made at this point in time to move forward with a salary increase which is either at or below, ultimately what we anticipate the salary increases to be. The issue related to Mr. Wilpert is, as a result of the litigation, but not the cause of the delay. We were concerned about delaying the ordinance any further because we did not want to impact the employees pay increases at this point in time, to get the ordinance in correct fashion which it will ultimately be at the time the amended ordinance is approved after second reading.

Mr. Kamin: That’s a good thought, very good thinking, and thank you.

President Greenbaum: Thank you. Chief?

Chief Katona: Thank you and I would like to thank the Council for their support in accepting the SRO Grant. I would like to address Steve, your comments. I don’t know who you were speaking to at the County who is unaware what the gang issue is. The people who are aware of that and are knowledgeable are at the Prosecutor’s Office and our Prosecutor has said to the County Chief, said we had a gang presence in Morris County and we need to look forward and get ahead of the curve and start addressing this. The gang issue is also published on the Attorney General’s website, as it is on the New Jersey Police website.

Mr. Rattner: Chief, I agree. What I was saying was the perception because of some of the comments and I am not saying it came from your Department. I mean your reports are very straight forward which don’t show the same thing. It is just some of the comments have been taken out of context, out of the newspaper and that is what people see. It was a perception not somebody from the Prosecutors Office, it was County staff saying, read the newspaper and you will see what is going on in the County and they asked. I know it’s not happening and I told them it wasn’t happening. I said we have the same problems. I said we have problems with drugs in the schools like everybody else. We are trying to address it. We have a lot of different programs. We still have calls up there and the school is handling it very well. It was the perception, and I want to say about that perception that was disturbing.

Chief Katona: I would like to join with you in correcting that perception because it is certainly, I have said it publicly here, and I have said it publicly at the Board of Education meetings where we have discussed this, we do not have a gang crisis. The purpose of the SRO is NOT, not to act as security guards in our schools. Our schools are safe. We are not suggesting that we enter into a school resource officer program for safety reasons. These are not armed guards. We are not putting them in there specifically because it is unsafe because of marauding bands or gangs of students in these hallways. We are not putting officers in the schools to take away teaching positions or to assume teaching positions in the schools. Our officers will be in the schools as police officers for what...we view this and I view this as a natural progression of our D.A.R.E program. Our D.A.R.E. program teaches certain things against drug abuse, against sexual abuse, against cigarette use, tobacco use and against violence. We need to expand on that. We need to create an environment where students can come up and say...hey I know officer Joe, I know officer Ed, I know all these Chief Katona (cont’d): people, and I am not afraid to go forward and ask them a question. The officers will be in the school to assist the parents, the staff and the students. We will provide some programming. The programming will be technical in nature, concerning traffic, criminal situations, court issues, and social issues. We are also working with the Urban League of Morris County to bring programming in to address issues such as violence, such as drug use, teen pregnancy, vocational training, diversity and mentoring issues. There is, and I have said, that there is a growing homeland security concern within our schools. Our officers will be a liaison, in that effort, we will be there to work with both the Township or rather all three of the Townships… the Police Department and the Board of Education in addressing those concerns as we go forward. Our officers will be available at certain afterschool activities. People are there at the school not only from 7:00 in the morning until 2:00 or 8:00 in the morning until 3:00 but in the after hours and our officer will be a liaison between the school and the law enforcement community, not just Mount Olive but all law enforcement within Morris County and the State, on intelligence issues and on criminal investigative matters. There are issues that occur in the schools everyday as you know, and as you have said that we do have drugs there, we are no better, we are no worse. No, we are better. We are better than other communities because what is here you see and you read in the newspaper. We are not afraid to let anybody know what is going on there and if we are aware of it and we are informed of it we can act on it. There are others who do not see that anything is happening in their schools and I will guarantee you that their situation will be worse there than it is here. We are an open book, we describe exactly what is going on here, and we will address it.

Mayor De La Roche: I just want to contribute something, the Board of Education, and they are in favor of these cops in schools grant to the point where they are even willing to contribute to the support of it. So that they can reduce their budget if they have to have it drop off the bottom of their budget. They are going to be paying a great percentage of the cost of the officers, correct?

Chief Katona: They are going to be paying half the cost of the officers and they will be providing the infrastructure, the rooms, office, telephone that the officer will need to work when he is there.

Mayor De La Roche: So they are picking up 50% of all of the expenses.

Chief Katona: Yes they are it is an absolute sharing between the school and the community.

Mayor De La Roche: I want to make sure that the community understands that the Administration of the Township is not picking up the entire bill, that we have negotiated with the Board of Education that they are a 100% in favor of it and they are willing to accept the cost as well.

Mr. Rattner: I just want to say one thing. The Board of Education doesn’t have any money just like this Council doesn’t have any money. We spend your money. It is still a 100% funded out of your pocket. The Board of Education didn’t give us a penny, just like this Council didn’t give a penny. The whole concern was, if it is really important, let’s find another way to cut some expenses. We are not talking that much money. If it is that much of a priority and we couldn’t find the money, there is something wrong, thank you.

Mayor De La Roche: The point of my comment was the fact that the Board of Education has a number of, probably could very well have excess people on their budget that could drop off. You would imply that we would have to absorb the entire thing and have a drop off our budget and I think that is a misconception, I just wanted to clarify it, that the Board of Education will make adjustments in their budget.

President Greenbaum: Thank you Mayor. Ed while you are up there....I will get to everyone. Walking through the town and reading the newspapers recently, it appears that we may have to look at increased enforcement in certain areas in terms of speeding. I know there have been several fatal accidents on Route 46, and I know from firsthand experience that the Township would benefit greatly by a similar program to that adopted by Washington Township at the bottom of Route 46, as you enter into the Indian Park section of Mount Olive and the border of Washington Township, where you always know there is a cop sitting there 80% of the time. Route 46 has become a deathtrap. It has been that way for a long time. Mr. Rattner has spoken about it for a long time. I would like to get a proposal from the Police Department in terms of increased enforcement on Route 46 because we need to do something before there is another tragedy. Secondly, I would be remiss in not passing this along but I spoke to several residents on Corey Road who also believes that there is a speeding problem on that road. As you know, it is a cut through between two major President Greenbaum: roads down off of the mountain and that may be another area which is ripe for increased enforcement.

Mr. Rattner: I was going to bring that up too, because of those two, I have taken some heat especially with some of my comments, but I am that serious and I don’t think there is any bigger responsibility than we have to our citizens than their safety. The State has not been very cooperative. I mean we have the meeting and then come back, well, it’s not really bad, statically it’s okay, you can have those deaths. They didn’t say it in those terms but they said this one is worse, so we will do it there. The road is not strong enough to do anything, we will slow it down. Some things that can be done and again we have to deal with the card that we are dealt, if the State won’t do anything. We have to whatever is in our power. Two weeks ago the Daily Record, two weekends ago, did a story on Randolph, on their increased enforcement. They doubled the number of tickets in the same time, 30% reduction in accidents, while we probably had an increase of that much. I looked at it and actually, in dollars and cents, I had to look again. They go from 2,000 tickets a year issued to 4,000. Look at the extra revenue to pay for the extra overtime to keep us safe. That is what we have to do. In the last three weeks, we lost two residents of Mount Olive Township on Route 46 due to car accidents. All participants were Budd Lake or Mount Olive residents and we can go back, we go back another couple years. We lost a teacher, we lost students, and it’s not getting any better. That road with the development on it is not made to travel at 60 miles an hour and we know people travel at 55-60 miles an hour. I can give you an example that it does work. I grew up in Morris County in Rockaway. I got my license in 1967 and in 1967 everybody knew that you made sure you were careful in Mine Hill. They had an aggressive police force and they had probably the last judge that didn’t have a law degree. That I will use Judge Barr and for our purpose he was known as the hanging judge. I can tell you at 17, just like most 17 year olds, I did a lot of dumb things but one of the things was not speeding or doing anything in Mine Hill. DWI, they went around, they would go through Wharton but they wouldn’t go through Mine Hill. They didn’t speed going up and down the hill. It’s the same thing. You had two hills. If you went up you went down the other side, you didn’t speed, and that is what we have to do because this is just unacceptable. The last death really hit close because I know the people. We all knew that family. They gave a lot to this town. The woman that was killed, not only was her husband the former Fire Chief, she was very active in the Ladies Auxiliary even after her husband was out of the Fire Department, the Eastern Star and a lot of things and we just can’t keep that going.

President Greenbaum: Thank you.

Mr. Mund: Yes, Chief I remember when I first got on the Council and we were talking about reducing speeds on Route 46 and 206 and your concern was moving the traffic through quickly. Do you still feel that way, or do you think that we should be pushing for reductions in the speed limits on those two highways?

Chief Katona: I think when you address that question. You need to look at several things and that specifically if we are going to reduce the accidents, what is the cause or the factor of the cause of the accident that we are trying to reduce? If we examine the accidents that we have and the fatal accident this Sunday, speed was not a factor. Most of the accidents that we have and you will remember last year we had a presentation about this time with Officer VanNess and he did a breakdown on where our accidents were going. We did target enforcement through the month of November and December, we paid additional overtime in order to do that, and we had an impact on the accident rates at that time. I can’t speak to what they are now. The national numbers are similar to what Mr. Rattner just said, with the increase in enforcement there is a commensurate reduction in the occurrences in accidents. Our issue that we have, is not necessarily speed, it is driver inattention. We are not paying attention to what is happening out there. I am not saying we are talking on cell phones, or fixing our makeup, or we are having a cup of coffee but we are not looking outside of our vehicle. We are not understanding that this a dangerous thing that we are doing. This is a 4,000 pound missile that we are driving through and even at 35 miles an hour. You are not going to be able to stop that vehicle when you want to.

Mr. Rattner: Chief, I agree with you and I also agree with your comments, when you say most of the accidents and I have to agree, is what you termed, while driving stupid because they’re there.

Chief Katona: Exactly, your targeted enforcement is.....

Mr. Rattner: However, when we talk about speed, I can remember even from when I had to take my driver test in Driver’s Education because at that time we had to memorize the distance in breaking tables, remember?

Chief Katona: I am younger than you are, so I look older but I am younger.

Mr. Rattner: Not by much, but there is a real big difference in stopping distances and what you have out there. People are driving too close and too fast and I don’t care, and that is just common sense if you are going 15 miles an hour slower, that’s why in Chester it is 35 miles an hour. In Byram, in Randolph, in Roxbury, in Hackettstown, it’s only Mount Olive and that is why I am starting to get really ticked off and it’s not at you, because of the State because for 15 years we have been asking the State to lower the speed limit. If nothing else, we don’t have the acceleration lanes. I mean the State DOT required what we call the Dattolo project, where they made it worse because you have to stop in a right lane in a 45 mile an hour zone to get in to the parking lot because of the way they made that 90 degree angle. That was the State saying they were going to make it better, that makes no sense at all. So you don’t have any chance of anything. If you go through Hackettstown where you have less parking lots, they have a 25-30 mile an hour and if that is what it is going to takes and if traffic starts, people will find other ways around. If we have real bad enforcement, people won’t want to come in because they won’t want to take a chance of getting a ticket, but I don’t want to go to another wake or another funeral or have to hear about another death of one of our residents. This is personal and I don’t think there is anything more important. We can talk about cops in the schools because which yes, that is an investment of another 70 years with those kids, and I agree with that. We are losing too many residents and even when we had it, when it wasn’t on here, the one that was on Smithtown Road...it was
Smithtown right, because I knew that person too. We know that was speed, a 17 year old. You may never be able to do it, but the more people we can slow down at 45-50 miles an hour we know from our own tables’ people are going at 60 miles an hour. You know where I live, there is no sight, this is what, 300 feet on a turn and people doing 50- 60 miles an hour, and when it snows the sight distance is about 30 feet. That is what it is. The State said we don’t need any more traffic lights. There is no controlled way of getting out. There are no shoulders, there’s no error. The best thing we did is when we moved out of the Old Municipal Building. Remember all the accidents we had in there. It was like a pinball machine, because people didn’t want to slow down, they were in the left lane doing 60 miles an hour, don’t want to slow down, they went in the left lane and guess what, there was a car there. This is serious and this... we have to do something, I think this is something we really need a committee on what can be done. If the State won’t do anything or anybody else what can we do to save the lives of our citizens, and I don’t think there is anything more important, and I am serious.

Chief Katona: To be serious, you’re talking about it, it’s enforcement engineering and education. We can’t do anything about the engineering, we can do something about the enforcement and the education and maybe a committee moving forward to see what we are going to do for next year.

Mr. Rattner: We know we are going to take heat, as soon as you start enforcement, we are going to have people lined up here that...because it has happened before, that they will realize you are picking on the people and saying you are being too picky.

Chief Katona: Well we are doing that now with the parking on the grass at Turkey Brook.

Mr. Rattner: Well, now with the big sign hopefully that’s there, and I don’t mind taking any heat on that because there isn’t anything more important.

President Greenbaum: I am going to put together a subcommittee to... I will run it through Mr. Casey’s office. I would like to have, if possible, you to participate in terms of dealing with this particular issue and I will let the Administration know. Did you have something Mayor?

Mayor De La Roche: I just wanted to add, the Administration has been meeting with the Department of Transportation repeatedly. Finally there seems to be a crack in the veneer where we received a letter recently saying, they are permitting us to do certain markings on roads and various things that they have never permitted before. I forwarded it to the Chief so he has a copy of it. They are going to permit us to do lining and various other things more signage and various other things we were never allowed to do before. So we are going to be aggressively doing that to
whatever helps, we really have no authority to reduce the speed. That is a State function.

Chief Katona: We are continuing, we are pretty much...as the Mayor says, we are constantly communication with the State DOT. They play musical chairs. People are there, and then they are gone. A lot of the issues you have discussed, other issues such as Wolf Road traffic light, the Village way traffic light, the traffic light at Route 206 and Flanders-Netcong Road, that light and the timing of that light are all things that are under discussion that we are continually trying to get their attention and say we need this now.

Mr. Rattner: We at least got a turning light at A&P too. We got a turning light instead of Antique Hill finally after 20 years.

Chief Katona: Yes, we did.

President Greenbaum: Thank you Chief. Any one else from the audience? You have to state your name and address for the record please.

Phil Dattolo, Budd Lake Plaza and also Budd Lake Laundromat: I would like to thank Mr. Rattner actually for clarifying that it wasn’t the Dattolo family that proposed that horrendous opening there on Route 46 of our plaza, because I tend to hear a lot of people say, why didn’t you guys do a different set up here. That set up is very horrible and a matter of fact I have witnessed probably three accidents just when we finished that whole entire opening there. Those three accidents happened, just as soon as we finished that project but I am glad that you clarified that. Many people have said that to us. Also I think at the time we proposed one egress, one in and one out basically on either ends of the properties. So we were denied because the computer at DOT didn’t say we could do that. So I want to thank you again for that. Also I would like to bring up a different issue that I think you spoke before about the sewer allocation of Mount Olive. As you know we own the Budd Lake Plaza and we also own the Budd Lake Laundromat there. I understand that you were saying that you basically set certain fees for sewer charges for Mount Olive Township. Now as you say the fees haven’t gone up but we are very concerned, as you know we have been going through a very long and dragged out litigation through the court system and we feel very personal about this. This is very hurtful to my family and I and we feel that we are not being treated very fairly. We have a Laundromat that I think does good for the community and I do believe that it is an asset to the Mount Olive Township. We keep the premises very clean. We have all kinds of customers. We have probably some of you guys bringing comforters to us and so forth and besides the community themselves bringing in their laundry. What I am basically unhappy about is that we as understand the Musconetcong Sewer is what we are using for our system. Now
we just don’t understand why this is being dragged out to the court system for over four years and we have gone through, from the Supreme Court and then have gone through the Appellate Division and it’s all in our favor. Now what is upsetting is that this is continuing and we feel that we have done our research and we have other laundromats that we have dealt with and we feel we are not being treated fairly. We have a laundromat that is being charged in Flanders, that’s part of Flanders and it is also part of Mount Olive Township basically. It may not be the same sewer authority but we know they are getting charged $920 a quarter just for sewers. Now we can go back and discuss about how another laundromat in Netcong is using the same sewer authority but at the same time, they are only being charged I believe up to $2,000 for water and sewer. Now for whatever reason, we feel that the fee and the dollar amount is actually substantial considering the Dattolo family is getting charged $12,000 per quarter and you can sit there and say, this is fair. It hurts our family. We are trying to make the best of this situation and we have gone through litigation for four years for this issue and we just wish that we made an agreement with the Township. We just wish that you would stick by that agreement and treat us fairly. There is no way that in the State of New Jersey that anybody else is being charged $12,000 per quarter just for sewer charges and we feel we are pretty much being singled out and it is just really hurting our livlihood. This is what Mike’s son that I just adopted, it is his future. It’s my brother’s future, it’s my future, it’s his kid’s future and we just feel like we are not wanted here. Basically we would just like to resolve this in a manor that, in a way that we could say you know what, this is fair, you know what, we pick a number this is the dollar amount. We just need to come to some resolution because you know what if we’re charged $12,000 a quarter, we have to close our shop down and far as you know, as I believe I have seen, is that for campaigning purposes, that you want to help the business people. I feel this is a good time to put aside whatever is behind this, put it aside and treat us fairly and that is all I ask.

Paul Dattolo, 141 Route 46, Budd Lake Plaza: I would just like to add that, you know it’s really hurting customers every day, that come to us every day and thank us for opening up the Laundromat, saying that they had to travel to other towns just to wash their clothes and they thank us every day. You know, every day we get those compliments. Not only are we wasting four years of taxpayer’s money to take this to court over a laundromat, which you guys appealed to the Supreme Court for a laundromat. I think the Supreme Court Judge has better issues to deal with than the issue of the sewer issue with the laundromat. It is just like my brother said, it is just heart felt taking it personally, feeling like you guys are trying to drive us out of business, and trying to make us shut down. You have also tried to put a tax sale on our building. So over a laundromat we could potentially lose not only our business, but potentially the building which the laundromat is in and no one seems to care. I stand corrected, Mayor De La Roche did come by a few times and ask about that and so did Mr. Elms but other than that no one else from the Council has come by
and asked us what was going on and how we felt or anything and we take that personally. How you guys can charge someone $51,000 a year for sewer for a laundromat, I don’t know how you could justify.

President Greenbaum: Thank you.

Mr. Dorsey: Well, in the first place I would instruct the Council not to discuss this matter because it is in active litigation. Number two, I would point out that the total operation has never paid this Township, in roughly four years of operation of the laundromat, one penny for the annual sewer service fee. They had one suit in the Federal District Court which was dismissed a year ago. They commenced another suit I am going to say six months ago. It went to mediation about three months ago and the Township went through a considerable study in which Mr. Casey knows it well because he studied three or four laundromats in order to try to work up some kind of a compromise and we went to mediation and it was rejected out of hand and more specifically it would have been charges based on what occurs at the laundromat and I think it is the A&P at Naughright Road. In any event the matter is in litigation. It is there not because we commenced the litigation, because they commenced the litigation. They rejected the offer of mediation and I would not think it would be in the Township’s best interest for this to be discussed at this time.

President Greenbaum: Thank you.

Mr. Dattolo: I would just like to say one thing please. Yes, it was brought to Federal Court. Yes they felt that the State Court can handle these issues and that is why we actually came back to the State Court. Just for the record that we went all the way to the Supreme Court.

Mr. Dorsey: That is a totally different issue...not on an issue that is currently in litigation.

President Greenbaum: I don’t think that we need to get into a discussion here back and forth in terms of the merits of why a case was dismissed or why it was not dismissed and what the substantive facts are of the litigation. We have all been briefed on the litigation. It’s discussed in closed session for a reason because it is in litigation. You have made your point in terms of the way you feel about the issue and Mr. Dorsey has directed this Council not to discuss this issue in public session and I assume the Council members sitting up here are going to take Mr. Dorsey’s advice in terms of not discussing this issue. Unless there is an individual Council member who wishes not to heed Mr. Dorsey’s advice and would like to discuss this issue. I don’t see anyone.

Mr. Dattolo: Well, I want to just thank Mr. De La Roche for actually coming to our place and just listening to our very big issue. Thank you.

President Greenbaum: Thank you.

George Malson, Iroqois Ave. Roxbury: I am a HVAC contractor. I happen to know the Dattolo family personally and I just want to tell you a little bit about what I know about them. I am a working guy. I have nothing to gain here but I do know the situation for the Dattolos is totally distressing the whole family. I don’t know a lot about sewers. I don’t know much about edu’s. What I do know is when I met Pat Dattolo, him and Philip were on the roof of the building laying plywood down by hand, boom, boom, boom, piece after piece, day after day, week after week. Excuse me....Mr. Dorsey, are you paying attention?

Mrs. Dorsey: Yes.

Mr. Malson: It just is kind of rude, like you are sitting there closing your eyes, like you don’t want to hear this. These people are good people, okay, they are being hurt by the decisions being made by this Council. Personally hurt, I mean it is costing this guy a fortune, it is costing you guys a fortune. I heard you guys saying before you are trying to find money. Stop suing each other. How about that? Its simple, stop suing each other.

President Greenbaum: It is not quite that easy. There are a lot of issues that are involved and it is very nice of you to get up here and speak on behalf of the Dattolo’s and I don’t think there is a person up here who doesn’t feel for the Dattolo’s ...

Mr. Malson: I am not talking about feelings, I am talking about facts.

President Greenbaum: I am sorry, I am sorry. There is not a person up here who doesn’t feel for the Dattolo’s, and also who has anything to personally gain, or makes their decision based on the Dattolo family. It has to do with Township issues, the allocation of dollars, and the litigation issues.

Mr. Malson: I understand. Like I said, I don’t know anything about Township issues. I don’t know about edu’s. I just know that Pat Dattolo is the real deal. The guy came from Italy. They told him if he worked hard, if he did the right thing and if he didn’t screw anybody that he could make it. Guess what he did. Okay, he is a good man, he is doing the right thing by the Township, and he made the place beautiful. I dropped down there the other night. I am looking, I said this is really nice. Stop fighting.

President Greenbaum: I am sorry did you give your address for the record?

Mr. Malson: Yes, I live on Iroqois Avenue in Roxbury.

President Greenbaum: Thank you. Is there anyone else from the public? Ned and then Nelson and again, please state your name and address for the record.

Ned McDonald, Budd Lake: First, I would like to thank Steve for the comment about the fact that, School Boards don’t give any money, Towns don’t give any money, they give our money. I am glad somebody recognizes that fact. The question I have is about the cops in schools program. At the end of the three year grant period, I understand we will keep these officers for a minimum of one more year. At the end of the three year grant period, will they be put onto the normal work force or will they be continued as school resource officers?

President Greenbaum: Ned I would imagine that would be a decision made by the Police Department, ultimately and by the Council in terms of deciding what the appropriate number of police officers are in the Township and then by the Chief of Police and his staff in terms of deciding what the appropriate use of his personnel is.

Mr. McDonald: I understand it would be the case, however, I would think that it would be good for the public to at least have some opportunity to comment as this comes due because it is going to be a considerable hit on the budget at that time when we start paying full time for these officers. The other question is, during the three years these two officers will be in the schools, it is certainly possible that the police department or the Council feel there is additional police officers needed for the town and I hope you keep in consideration, these officers may be freed up at the end of the three years and keep that in mind if it’s requested for additional officers before the thee years are up.

President Greenbaum: Thank you very much. Mr. Russell, you have to state your name and address for the record.

Nelson Russell, Budd Lake: I have a couple of questions on the Bill List. On page 8, it is showing $19,710.64 contribution to the Library. Is that part of our normal annual contribution?

Mrs. Jenkins: That is part of their appropriation.

Mr. Russell: Excuse me?

Mrs. Jenkins: It is part of their budgeted appropriation.

Mr. Russell: Okay and we do this how often?

Mrs. Jenkins: It is part of what we normally give them.

Mr. Russell: Don’t we do this once a year?

Mrs. Jenkins: We normally give them money towards the beginning of the year and then we will give them something towards the end. Depending upon where we think their expenses are going to fall, like their salaries and their health benefits.

Mr. Russell: Okay, we do not have a fixed amount that we budget per year?

Mrs. Jenkins: We have a fixed amount in terms of what we budget. We pay their salaries and their benefits directly against that appropriation and then we give them a certain amount of money for their operating budget. Again, we usually give it to them the first 6 months of the year and then towards the end of the year we will give them whatever is left in that appropriation.

Mr. Russell: Okay and then over on page 11 looking at Morris County MUA, August Shade Tree, what is an August Shade Tree?

President Greenbaum: They planted some trees at my house, they look beautiful Nelson.

Mr. Russell: August is not the time to plant them though.

Mr. Casey: We use the shade trees, brush, recycling site and we take stuff over to them periodically. So we end up using it to get rid of the wood chips and brush and all that sort of stuff.

Mr. Russell: I thought we did that at Camp Pulaski?

Mr. Casey: That is them.

Mr. Russell: That’s them, okay.

Mr. Rattner: That’s them it is about $5.00-$6.00 a yard.

Mr. Russell: Okay thank you.

President Greenbaum: They Mayor had something he wanted to add.

Mayor De La Roche: No, I just wanted to respond. I had a question as part of the public. I did want to respond, regarding the Dattolo’s, they are a very hard working family and they are an asset to the community and anything we can do to help them I am in favor of. I just wanted to say to Ned, I am vividly aware of the fact that there is only one pocket in town, which is the taxpayer, which I am one, but my remarks regarding the Board of Education were in regards to the fact that the Board of Education agrees to this program and they might find that at the end of three or four years as Township probably will, that the police officers might be more valuable than some other situations that we have. For example, the Board of Education might consider the police officers in the schools to be much more beneficial to them than whatever other employees they might have or programs they might have. Now I have to make a comment that I promised a citizen that I would make.

President Greenbaum: What is it concerning Mayor?

Mayor De La Roche: I got a call, I will explain it to you.

President Greenbaum: Well, if it is not related to something that’s the public is...you will be able to speak at the end.

Mayor De La Roche: No, this is regarding the public.

President Greenbaum: Yes, but I haven’t recognized you. I would like to go through the public and then you can speak.

Mayor De La Roche: I thought everybody went already?

President Greenbaum: That might be so, I don’t know. Is there anyone one else from the public who wishes to speak? Yes sir.

Pasquale Datallo, Budd Lake, Laundromat, Budd Lake Plaza: I want to say something about the Mayor. The Mayor it’s our father, it’s the Township father and you people should have the respect of your father. You criticize him to not appoint anybody. When he appointed three people, the Council banned to show approval of that, but you don’t do that. So how can you expect the Mayor to do the right job when you deny everybody appoint him. He appointed some people, you guys, nobody’s good enough for you people. So I hope you guys recognize that Mr. La Roche is our father, the Township father and you have some respect for him. Thank you.

President Greenbaum: Thank you. I saw a hand up back over here. Yes sir, please state your name and address for the record.

Douglas Williams, Flanders-Drakestown Road: This year we continuing with a timber cut that we are doing since 1995. We filed a plan here. This year we are going to cut down a total of 51 trees recommended by our forester. We filed for the necessary permits which, I don’t know because it is a 15 year plan but we filed for them again. I got a letter from the Township that we needed an additional $500.00 for retainers so that they could retain a gentleman called Habitat by Design, Mr. Keller.

President Greenbaum: Dr. Keller?

Mr. Williams: Right, okay, just for the first letter I got a bill here for $420.00. We are cutting 51 trees, I am not talking about an entire forest, at $500.00 or $420.00 for one letter, there is no point in my doing this timber cut. We would like to get at least $10.00 for ourselves out of this, 51 trees represents about $2,200.00 which the forester gets half of. We are not talking big dollars here we are doing this to keep our farm taxes. If this is what it is going to cost, I don’t know where to go. I cannot keep continuing to pay this gentleman $420.00 to write a letter to my forester and ask for a request so he can go look at it again, send another one back and pay another $420.00, it is just not going to happen.

President Greenbaum: That is an Administrative matter, Mr. Casey.

Mr. Casey: I know nothing about this, so I would have to basically look into it and find out further information. This is the first I have heard of this.

Mr. Williams: Well, this is the first time I am here.

President Greenbaum: It is not a Council issue and I would ask...

Mr. Williams: Somebody made this ordinance for this Township.

President Greenbaum: I would ask the Administrator to take a look at this issue.

Mr. Casey: Yes, I will, Catherine has your... knows how to reach you, Catherine Natafalusy?

Mr. Williams: Yes.

Mr. Casey: I will talk to Catherine tomorrow and will give you a call. We will see if we can figure out what is going on.

Mr. Williams: Thank you.

President Greenbaum: Is there anyone else from the audience? Seeing no one else from the audience I will close it to the audience. Mayor this... I give you an opportunity to speak if you want to use your final comment period.

Mayor De La Roche: No, I am not speaking for myself, I am speaking for someone that couldn’t be here.
President Greenbaum: Mayor, if the person is not here...

Mayor De La Roche: I am speaking as a public...

President Greenbaum: Mayor, if the person is not here, they are not in the public. You can use your final comments to do it but I ask you to do it from the podium.

Mayor De La Roche: Mr. Greenbaum, you have spoken as member of the public on numerous occasions, even though you are the Council President and described yourself as a member of the public. I am also a member of the public.

President Greenbaum: There is no question about that and I have never, Mayor I have never denied you the opportunity to speak but when I speak and when you speak you speak on behalf of yourself, not....

Mayor De La Roche: I am speaking on behalf of myself.

President Greenbaum: You told me that you were speaking on behalf of somebody else.

Mayor De La Roche: If you would let me to explain, you can decide if it is appropriate or not.

President Greenbaum: You can use your final comments, I always give you the opportunity...

Mayor De La Roche: That is true.

President Greenbaum: I am the first Council President to always give you the opportunity...

Mayor De La Roche: I have noted that numerous times, Mr. Greenbaum.

COUNCIL COMMENTS

President Greenbaum: So please if you would do it from the Dias, I would be more than happy to recognize you and you can talk about whatever you want and we will move right down the line so that everyone could have an opportunity to speak.

Mayor De La Roche: Rather that argue about it, I think it is just easier to sit down and talk right from here. Mr. Jim Smith called me over the weekend because of the fact that his mother passed away on Sunday night he could not be here. I had made a promise to him that I would bring up an issue that he wished to bring to the Council. Not an issue that I wanted to bring to the Council. What he wished to bring to the Council that is a matter that he has sort of self designated himself as a protector of Budd Lake and during the heavy rains, there has been a mud flow coming down from Lakeview Estates and another road adjacent to that. He asked me to bring that to the Council and I promised I would in his name and because of his special circumstances of the loss of his mother, I didn’t feel it was necessary for him to have to do it. So on behalf of Mr. Smith, I would like to ask Mr. Casey.... he had called, Mr. Smith had called our Township Engineer, Gene Buczynski, regarding it and I know Mr. Buczynski has been in contact with Mr. Casey and I have not been, well as the Mayor I have not had access to what the comments were. On behalf of Mr. Smith I would ask the question because I promised him I would.

President Greenbaum: I don’t understand Mayor. You are the head of the administrative branch, it is an Administrative matter, you have the employees of the Township to the extent that an issue was brought to your attention, you can go directly to Mr. Casey, directly to any of the department heads and get a response to the question and get some type of action plan in place to deal with the issue. As to why you are bringing it up at this meeting at this time, on behalf of the member of the public is beyond me. If it was an important issue that needed to be addressed and it was passed
President Greenbaum (cont’d): along to you, it should have been dealt with it through Administrative matters and not at the Council meeting. I don’t know, Mr. Casey do you have a response?

Mayor De La Roche: I would like to comment before that.

President Greenbaum: Go ahead.

Mayor De La Roche: I am not speaking for me. I am speaking for Mr. Smith and I gave him my word that I would bring it to the public at the Council Meeting and I have done that, and I feel obligated to do that because that is what he has asked me to do and because of the special circumstances of the loss of his mother I didn’t think it was necessary that he would have to make the trip so I indicated to him that I would ask the question. So, you know as an attorney as I am, we know, many times we speak for other people. Almost our entire careers are spent speaking for people who are not present or are not able to speak for themselves. So that is what I am doing now.

President Greenbaum: That is fine, and I am sorry, obviously we are all sorry that Mr. Smith had a loss in his family. If you would be so kind as to pass a message back to Mr. Smith that I am directing the Administration to look into the issue and to resolve the issue in his behalf. Mr. Casey do you have any comment in regard to that?

Mr. Casey: Yes, Gene Buczynski emailed early Monday morning that he had been notified of the or actually had been in the area because of the heavy rains and there was a mud flow that came down from Lakeview Estates and inspecting he found two or three buildings underway which the silt fencing or the soil erosion controls measures either failed or were taken down for whatever reason. He advised us and so engineering was supposed to go out there today and make sure they were re-installed.

President Greenbaum: Mr. Casey is this an issue which the Mayor at any time prior to this meeting brought to your attention, that Mr. Smith had made the issue?

Mr. Casey: No.

President Greenbaum: Okay. Mayor do you have any further comments?

Mayor De La Roche: Yes, I just wanted to report that I attended, along with a number of other Council people, the Highlands meeting at which time we received an award, which is going to be placed to relieve some of the burdens from COAH obligations and then we received, we haven’t yet received a check but we were awarded $7,500.00 from Highlands as well as many districts received money but that was our grant at this time and I wanted to thank the Highlands for that.

President Greenbaum: Thank you, anything else Mayor?

Mayor De La Roche: Nothing at the moment.

President Greenbaum: Thank you, Mr. Buell any comment?

Mr. Buell: Not right now.

President Greenbaum: Mrs. Labow?

Mrs. Labow: No.

Mr. Mund Mr. Mund.

Mr. Mund: No thank you, Mr. President.

President Greenbaum: Mr. Guenther, anything?

Mr. Guenther: I just had a question regarding that grant from the Highlands. I noticed that we were at the low end of the totem pole as the amount of money that we were to receive. Can somebody answer why certain towns for example, Randolph, received $22,500?

Mrs. Labow: They got $50,000.

Mr. Guenther: Or $50,000 or whatever it was.

Mr. Casey: The application that was made to them was funds to offset the updating of our COAH plan, which you know we have to file in December. So Chuck McGoarty is working on that. So our primary obligation at this point in time is to get the COAH plan in place. You will notice that certain other communities went in for other things and it was really smart growth money that they basically siphoned through the Highlands plans. Dover got something for the downtown train station etc. etc. which no way is related to the Highlands. So they basically used that as an opportunity to distribute funds through DCA, but the Township had applied for funds primarily to get our COAH plan in place so that we can meet that obligation we have in December and that is what the funds were for.

President Greenbaum: Was that it Mr. Guenther?

Mr. Guenther: Yes, thank you.

President Greenbaum: Mr. Rattner.

Mr. Rattner: After the Mayor made his comments about what he got from a resident, I wonder what we did over the weekend. I know at my house I measured over 11 inches of rain. That is hard to believe, 11 inches of rain. I know I went around Town, I know some other Council members because we know we have different areas of Town that constantly flood or like some new problems like we have on the mountain. So I am wondering what the Town did and going around when we know we have problem areas. I know, I think it was Sunday morning I came in and asked
the dispatcher to contact whoever in the Administration to talk to about the pump is failing, from the County project on Manor House Road. The Lake level increased so much that it completely covered the Pavilion Beach. The water on Manor House itself, I went as far and saw some of their trucks and they were above the center lines to their axels, which went into Dock’s Marina. The
channel was also coming back within a couple feet of the Public Works Building and I would imagine if it would have gotten there with all the oil and everything else we have in there it could have caused an issue. I came in and I just asked the dispatcher to call or whoever to contact to look at what’s going on. We also have an issue when the Lake goes up like that we have a lot of people with the high water table in the Old Budd Lake section that starts filling up with water. Remember the pipes going across Sand Shore Road. So I would like a report on what we did and what happened with that. I came in it was probably like 10:00 on Sunday and it was that I reported, I know when I talked to Mr. Greenbaum, in fact earlier he had already checked Hackettstown Mountain and River Road for the developments that we know. Did we have anybody out when we knew we had different issues in Town and were we able to contact anybody at the County so they could bring some more pumps in? You know the issue is, is to put that bridge in.... and they are doing one heck of a bridge you would think it spanned a raging river. They blocked, an inflatable buoy are whatever they blocked the flow and then they pumped the water up and over the road. Nobody would have thought we were going to get 11 inches of rain but did anybody call the County to try to get that water down, and did we have any other reports of any other damage?

Mr. Casey: I know that Tim Quinn and a public works crew were working Saturday afternoon, Saturday night until about midnight, which was when the primary rains came down. There were basically some areas they had to move trees and other items obstructing flows. I talked to Tim this morning about that. He also mentioned the problem with the pumps but I cannot recall whether he called the County or whatever, I will find out what he did...he talked about them but I just don’t his answer was.

Mr. Rattner: I know the dispatch area put a report because that is all I can do. Just like I said, you have and I guess, what the real question comes up when we have an issue like that, was the Mayor contacted because if...Tim, we have employees working around the clock because we either have a problem or anticipating a problem, I would imagine the Administration should be in constant contact so that the appropriate actions can be taken in a timely basis and if there is somebody at a higher level that has to be contacted, that that can be done and I just want to know, you don’t have to answer tonight exactly what the process was, who got contacted because if it is different people and the Mayor comes up and tells us well, I am talking for a citizen who had a complaint. You
Mr. Rattner (cont’d): know I start thinking as soon as you got the complaint, why didn’t you know about it when it was happening and order some of your staff to do whatever is needed to try resolve it, if it is resolvable. If not, what do we do, block off traffic or whatever, just like they did I think, in Mr. Kamin’s neighborhood when he said it was only thigh deep this time right? So these things happen but we have to be ready to react, not just that a resident wants a question a week later or 4 days later. Thank you.

President Greenbaum: Thank you, Mr. Perkins.

Mr. Perkins: Nothing.

President Greenbaum: I have no comment. I will take a motion to adjourn.

Passed Unanimously AYE

President Greenbaum: Aye’s carried.

All were in favor the meeting adjourned at 9:41 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 November 22, 2005

 

_________________________________________
Lisa M. Lashway, Township Clerk

 

 

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