Mt. Olive Township Council Minutes
August 23 , 2005

The Regular Public Meeting of the Mount Olive, Township Council was called to Order at 8:48 pm by Councilman Mr. Rattner with the Pledge of Allegiance.

PLEDGE OF ALLEGIANCE & MOMENT OF REFLECTION In honor of the men and women who are serving around the world protecting our right to have this meeting, thank you very much.


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

ROLL CALL: Present: Mr. Buell, Mrs. Labow, Mr. Mund, Mr. Guenther, Mr. Rattner
Absent: President Greenbaum, Mr. Perkins

Also Present: Mr. Dorsey and Mr. Semrau, Township Attorneys; Mrs. Jenkins, CFO; Mayor De La Roche; Mr. Casey, Interim Business Administrator; Mrs. Lashway, Township Clerk

Questions on Bill List?

Mr. Rattner: Thank you very much; again Mr. Greenbaum is taking a well deserved vacation, Mr. Perkins was held up at the office, and his office happens to be in Flushing, so it is kind of difficult to rush back. Also here in attendance as we stated in the workshop, the Mayor, the CFO, Business Administrator, the Attorney, the Clerk, and I guess the Police Chief is still here. Moving right along, questions on the Bill List, anybody have any questions on the Bill List for the Administration to be at least answered by time we get to it, Mr. Buell?

Mr. Buell: Yes, just informational only, check # 051630 and # 05277, they’re $1,000.00 contributions to super kids stretch and grow and some other program. I just don’t know…what that…we are giving a contribution. Just for those two questions, but really just informational.

Mr. Rattner: Anybody else? Seeing none, that means we won’t have any questions when we get to it at the end of the meeting, thank you. Now we will move to Approval of Minutes, we have the Minutes from July 26th, August 9th and also executive session August 9th. We were all present. Mr. Buell, would you move that.

July 26, 2005 Present: All
Absent: None

August 9, 2005 CS Present: All
Absent: None

August 9, 2005 Present: All
Absent: None

Mr. Buell: I move for the regular meeting minutes of July 26th 2005 for the August 9th 2005, Closed
Session, and for the August 9th, regular meeting minutes of 2005.

Mr. Mund: Second.

Mr. Rattner: All in favor, any opposed? Thank you. Letters from Residents/Organizations, we have 37.
Anyone have any questions or comments on any of them? Mr. Buell.



1. Letter received August 8, 2005, from Gerald Sheard, Mount Olive Public Library regarding additional funding for the operation of the Library.

2. Letter received August 8, 2005, from Gerald Sheard, Mount Olive Public Library regarding method of New Communication between Library Board and the Township Council.

3. Letter received August 8, 2005, from Residents of School House Lane regarding their concerns during the High School construction project.

4. Letter received August 17, 2005, from Gerald Sheard, Mount Olive Public Library regarding Handicapped Parking.

5. Letter received August 17, 2005, from Eric Eevardi, Boy Scout Troop 312, seeking donations for his Eagle Scout Project.

6. E-mail received August 18, 2005, from Ron & Jackie Cline opposing lifting the parking restrictions on Patlyn & Jocynda Roads during the High School construction project.

7. E-mail received August 18, 2005, from Janet Beckman opposing lifting the parking restrictions on all the roads around the High School during the High School construction project.

8. Letter received August 18, 2005, from Christopher Wood regarding the COPS grant.


9. Minutes of the July 6th, 2005 meeting of the Musconetcong Sewerage Authority received August 8, 2005.


10. Notice received August 15, 2005, from the Allamuchy Township Planning Board regarding a Public Hearing on their Master Plan and Development Regulations Periodic Reexamination Report.

11. Notice received August 16, 2005, from Washington Township regarding a Public Hearing on their Master Plan – Housing and Fair Share Plan Element.

12. Ordinances of the Township of Washington received August 19, 2005, amending their Land Use ordinance.


13. Letter of Interpretation received August 8, 2005, from Glasson Environmental Services regarding property at 59-61 Main Rd.; Lot 39, Block 5800 (St. Elizabeth)

14. Letter received August 10, 2005, from Amy S. Greene Environmental Consultants regarding Modification to NJDEP File #1427-04-0018.1 Mount Olive High School Property Block 7600, Lot 86.

15. General Highlands Applicant Information received August 10, 2005, from the State of New Jersey, Department of Environmental Protection regarding Princeton Alliance Church Block 7000, Lot 87 (1 River Road)

16. Letter received August 12, 2005, from the State of New Jersey, Department of Environmental Protection regarding Notice of Return of Application for a Permit to Construct, Modify, and Operate Public Water Works.

17. Letter received August 12, 2005, from Civil Engineering regarding Application for Freshwater Wetlands Permit Lot 73, Block 7600 (80 Flanders Road)

18. Deficiency Letter for Two Highlands Resource Area Determination Applications received August 15, 2005, from the State of New Jersey, Department of Environmental Protection for Joseph Sullivan Block 7000 Lot 88 (17 River Road) and Princeton Alliance Church Block 7000 Lot 87 (1 River Road).

19. Letter received August 15, 2005, from the State of New Jersey, Department of Environmental Protection to John & Holly LaPierre, 41 Bolton Road, regarding the Flood Zone.

20. Letter received August 15, 2005, from the State of New Jersey, Department of Environmental Protection regarding Potable Well Water Analyses in the vicinity of BP Service Station, Route 46 and Mount Olive Road.

21. Letter received August 15, 2005, from the State of New Jersey, Department of Environmental Protection regarding a Notice of Final Permit Decision for R9-Tier A Municipal Stormwater General Permit NJPDES Permit No. NJ0141852.

22. Letter received August 15, 2005, from Morris County Soil Conservation District regarding Turkey Brook Park Phase 3 Improvements.

23. Partnership Report received August 19, 2005, from the new Jersey Highlands Council.

24. Letter received August 19, 2005, from Sears, Sweeney & Marcickiewicz regarding Saturn of Denville/Saturn of Mount Olive Site Plan

25. Application for Freshwater Wetlands Letter of Interpretation received August 19, 2005, from Schetter Environmental for the Abiding Peace Senior Housing Coproration/49 Flanders-Bartley Road.


26. Legislative Bulletin received August 11, 2005, from New Jersey State League of Municipalities regarding Bills that were enacted as Public laws of 2004-2005.

27. Letter received August 17, 2005, from the New Jersey State League of Municipalities regarding 2005 League Conference Resolutions.

28. Letter received August 17, 2005, from the New Jersey State League of Municipalities regarding the Annual Business Meeting at the League Convention.


29. E-mail received August 5, 2005, from Morris County Chamber of Commerce regarding upcoming events and registration information.

30. E-mail received August 6, 2005, from Morris County Chamber of Commerce regarding Leadership Morris Program.

31. E-mail received August 8, 2005, from Morris County Economic Development Corporation regarding First Annual Sporting Clays event, September 27, 2005 at Hudson Farm in Byram Township.

32. Letter received August 10, 2005, from United States Department of Agriculture regarding North Jersey News.

33. Letter received August 12, 2005, from State of New Jersey, Department of Community Affairs regarding Local Finance Board Resolutions.

34. Public Notice received August 12, 2005, from New Jersey Highlands Council regarding Meeting Agenda for August 18, 2005.


35. Fax received August 8, 2005, from Comcast regarding WNET (PBS) service.

36. NJ Overview received August 9, 2005, from Comcast regarding past and future events.

Letter received August 15, 2005, from Jersey Central Power and Light regarding the annual
37. proposal for Basic Generation Service
Mr. Buell: #21 just a question, it’s from the Department of Environmental Protection, and it is the second page of it, I guess it authorizes…I guess this is the approval for our Stormwater Management Plan?

Mr. Casey: Correct.

Mr. Buell: The second page of it says, authorizes its discharge of equipment vehicles washing for Municipal operations until…so on and so forth, but I read it to say that we have to have a vehicle wash system or method of capturing and hauling wastewater and so on and so forth and a variety of other issues, by 2009.

Mr. Casey: Correct.

Mr. Buell: What plans do we have? I know we were talking about that at the DPW, how does this affect the DPW garage?

Mr. Casey: Well, the truck wash facility that we are proposing, as I mentioned to you before, is a stand alone facility which will go into the garage and it actually re-uses water, re-circulates water, so from that standpoint we will be in full compliance. We have zero discharge from that, although I have been told by them, the manufacturer that, their system is such that their discharge does meet DEP standards, but since DEP hasn’t fully established those standards yet, we don’t have a full answer. What we are proposing is a system which basically is a platform mount on here. A truck goes on top, wash goes down, gets captured and gets put through a filtering system and gets re-used. So we are looking at a re-circulation system that we would have to periodically have to refresh the water, and then at that point we would have to determine what the DEP standards are, so what we are proposing will meet that standard.

Mr. Buell: This is in the Bid, and the only other….

Mr. Casey: This is in the numbers, if I remember right. I think I told you that we are guessing the price between $50,000.00 and $65,000.00 for that facility if I remember the number right, and it was one of the items that, we have time now that there are regulations out we got three years or so in order to put this in place, in order to meet that standard.

Mr. Buell: Are we looking…just hypothetically, and I am certainly in favor of building that DPW garage. If we don’t build the DPW garage, what are we going to do, or is there a plan?

Mr. Casey: Well, theoretically this is a stand alone unit, so theoretically you can basically have it sit under a…under just cover, and do something so you don’t trap normal weather in it, and you can operate this at any time you want to. This is a stand alone facility. All it requires is a water line connecting up to it, because it re-circulates water, so at that standpoint this can be done any time we have to.

Mr. Buell: The other question Bob is if we build a DPW garage, would we be able to share this service, at what price, with any other towns in the area since they are all facing the same issue.

Mr. Casey: We hadn’t really looked at that. I know that the facility that we are looking at is the same one that I am told that the County is right now installing in the Wharton facility. I also understand East Hanover; a lot of Municipalities are looking to move in this direction. We have not looked upon what that price would be one way or the other. We would have to get into it a little further.

Mr. Buell: I was just thinking…

Mr. Rattner: Jim could your rap it up; we are just supposed to be discussing Correspondence not bringing up New or Old Business.

Mr. Buell: Well, I am curious, can we sell this capacity, because that may affect my…vote.

Mr. Rattner: That would be a separate discussion, let’s move through, and you can talk about it at the end, so we can move through the Agenda.

Mr. Rattner: Anything else Mr. Buell?

Mr. Buell: Yes, Letter #5 from Eric Eevardi the Boy Scout Troop 312 seeking donations for the Eagle Scout Project. I would make a motion that we would possibly think about doing something out of our Sunset fund if the rest of the…

Mr. Rattner: That wouldn’t be a Council issue. That is not a Public Council issue.

Mr. Buell: Okay, then I will suggest that all of us come back to it later.

Mr. Rattner: Anything else, Mr. Buell?

Mr. Buell: I don’t think so?

Mr. Rattner: Okay, Mr. Mund.

Mr. Mund: Number four, the letter received from the Library Board regarding the Handicapped Parking, according to the letter they were supposed to have the preliminary drawings or designs the week of the 15th and they were saying they would let us know. Since our engineers also are looking to do something?

Mr. Casey: We have not started because Gene was on vacation for two weeks and came back on Monday. When that letter came in, I am glad you brought it up, because the question at this point in time they have appointed an engineering firm, which is a new firm, this firm has not been involved before. Should we give them enough time to proceed?

Mr. Mund: Well, my concern is it was supposed to come in by the 15th of August. Upon their receipt they were going to set up a meeting with their Board of Directors, to recommend the path forward. Today is the 23rd and I would hope the Administration can follow up, and try to see what is happening with this?

Mr. Rattner: Mrs. Labow.

Mrs. Labow: Thank you Mr. Rattner, Mr. Casey you may or may not recall, I had also in my Council Liaison report after the last Library Board Meeting, Mayor De La Roche also was concerned that the
request did not come through at the Library Board Meeting. They had voted that, the gentleman was going to charge them $2,200.00 to draw up the plans, and they were going to reach out to Council to authorize to pay that $2,200.00. We never got that letter. I asked at that meeting…that we had not received it; Mayor De La Roche thought it was supposed to be coming forward last time, none of us had gotten that request to authorize the payment of the $2,200.00 for that engineer to draw up those plans. So it is interesting to get this letter, where they are saying they are expecting to have the drawings by the 15th when they never asked us to approve the $2,200?

Mr. Dorsey: Maybe they are going to pay for it themselves?

Mrs. Labow: No, at the meeting they said they were not.

Mr. Rattner: Colleen, he is being facetious.

Mr. Dorsey: Well not exactly, because they have exerted the dominion and control over the project.

Mrs. Labow: No, I understand what you’re saying…but they specifically said they were going to ask…instead of asking for payment of reimbursement, they were going to ask us.

Mr. Dorsey: I think the simplest thing is to ask Mr. Casey for a follow up and see whether they have yet received the plan, and we would like to see the plan.

Mr. Casey: I have not seen any letter for request for funds from them.

Mr. Dorsey: I understand that, but I think for the thing for you to do now is to follow up if you would?

Mr. Casey: I think the question to the Council would be, if in fact if they are proceeding with this third party engineer, do you wish for them to proceed? The last Meeting, Council wanted Gene Buczynski to carry forward, do you care who does it?

Mr. Dorsey: I think the answer is? We wish them to proceed if they are on a fast track, if they are just saying that they are going to proceed and are not proceeding, and then I guess we will have to call on Gene Buczynski, but I think we should know what they have done. They sent us the letter and said they were going to have a plan, question is do they have a plan…I think?

Mr. Rattner: Thank you Mr. Dorsey.

Mrs. Labow: I think our decision on that, to have Gene do it, is because we never received any…

Mr. Rattner: That’s right, we understand that, but if they already have it and it was supposed to be done around the 15th we will see if they have it, anything else?

Mrs. Labow: The one other thing that I am glad Mr. Mund brought up about for the Library, I am not
sure which letter it is, on the letter list? Also we received a letter from the President of the Library Board stating that at something…some, NJN News telecast it was said that we were going to pay for the utility cost, so they want a clarification on that. The answer to that is no, and I don’t know if we are going to send them an official letter, if you want me to handle that as a liaison?

Mr. Rattner: Has anybody talked to NJN, where they would have gotten their information? Or did they get it from the budget hearings in the Spring?

Mr. Casey: Well, at the budget hearings, it was agreed that once there was documentation as to what the
utility cost was, and there was clarification as to how much Blackstone was going to be paying, because there was that whole question etc. etc… that at that point in time they were going to come back to governing body and show what the engineering was and that we had the capability of assisting them, the Council does, through capitalizing some of there other expenses. We are still waiting to get from them documentation as to what their cost is, and to what their, everything else is? So I think that issue, from my understanding, from the budget, is still pending their response.

Mr. Rattner: And waiting for their audit that they should have had done by now.

Mrs. Labow: In May and they are late.

Mr. Rattner: Okay, thank you Mr. Casey, Mr. Buell.

Mr. Buell: I was going to bring up the question for Mr. Dorsey…

Mr. Rattner: You already have used up your allocation of words for tonight.

Mr. Buell: Okay, Mr. Dorsey just raised, about the Library asserting dominion and control over the Library, I was going to bring it up under New Business.

Mr. Rattner: Then let’s bring it up then.

Mr. Buell: Or is this appropriate for Executive Session, or…..

Mr. Rattner: I don’t know…let’s, have that in New Business. Anybody else have anything else on Correspondence? Seeing none, we will move along Ordinances for Public Hearing.


Mr. Rattner: I now open the Meeting to the public on Ordinance #29-2005 entitled:

Ord. #29-2005 An Ordinance to Amend and Supplement an Ordinance Entitled “Ordinance of the Township of Mount Olive Implementing the Emergency Services Volunteer
Length of Service Award Program” (Ordinance #32-99).

Mr. Rattner: The original Ordinance was #32-99. Is there anybody from the public who would like to address the Council on this issue? Seeing none, I close the Public Comment Portion and I ask Mr. Buell to move it.


Mr. Buell: I move Ordinance #29-2005 be passed.

Second: Mrs. Labow.

Mr. Rattner: Any discussion? Roll Call.

ROLL CALL: Passed Unanimously

Mr. Rattner: Ordinance #29-2005 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.

Mr. Rattner: The next item on the Agenda for Public Hearing is Ordinance #30-2005 entitled:

Ord. #30-2005 Bond Ordinance Amending Bond Ordinance Numbered #11-2001, as Supplemented by #6-2002, of the Township of Mount Olive, in the County of Morris, New Jersey Finally Adopted May 8, 2001, as Supplemented March 12, 2002, in Order to Provide for the Demolition of the Old Municipal Building.

Mr. Rattner: Anybody from the public who wishes to address the Council at this time? Mr. Smith.

Jim Smith: Kenmar Road, Budd Lake: I am also the President of the Historical Society, many people
have asked why we are getting involved with the old Town Hall at this point because what we are asking Council to do is actually to hold them at bay for the final passing of this Ordinance at this point for one of two reasons or actually one of two stages. One would be a total hold on passing this Ordinance so that we can have a chance, we have already had a couple people evaluate as far as the deterioration of the building with the roof, the exterior of the building itself. The reason why, is that I had somebody ask me just recently why the Historical Society is concerned about preserving history. That is something we want to look into for ourselves, why do we want to preserve our history? Because history is, in this particular case, it is a history of Budd Lake. History based on each individual and each individual has their own feeling as to why they want to preserve their history, pictures and memories of children when they are born, pictures of parents or grandparents when they are at the 50th or 60th or 70th anniversaries. This is history. That is an individual basis. The town hall, the Casino as we know it in the Historical Society is the history of Budd Lake, not of Mount Olive Township but of Budd Lake, one segment of Mount Olive Township. This is a period of time, and I am sure you have heard this many times before, and I am going to reiterate it again tonight because I think it is important that it is emphasized. This is from a period of time that is back from the mid-1800 that it was in its high time in the 20’s. The Casino was built around 1931 by Mr. Peters in response to that period of the big band era here in Budd Lake, because of the need for more pace for bands more space for dancing. It was also originally to put a beach in, because there was a need for people to use the pristine mountain lake that was beautifully clear in those days for most of the era anyway. The Casino was built for that reason. The first segment, it had lockers, it had refreshments and it did have some amusement in there as far as the bands playing in that particular building. In relation to Budd’s Pavilion, Wigwam, and any of the other big band era’s…buildings in this area, what we have left is the Casino, from this era. We have lost the Wigwam to a fire, and we have lost Budd’s Pavilion to the fire, we have lost the Oasis to fires. These were from the Dorsey Brothers Bands, Jackie Gleason has played here, many of the other big bands, and this was part of the big circuit back in the 20’s and 30’s. Now I know as I have talked to a couple of you, that this has been brought up before, things that have been done as far as to try to save this building. At first is what I would like to do, is to ask that you hold at bay the final passing of this Ordinance, first to give the Historical Society a chance to move forth to see what we can find. If there is, we have learned there are a couple venues as far as private funds that might be available as far as restoration process. Along with this the restoration for a couple reasons: 1 The recreation would like to have some portion down there, and of course the best bet would be right on the beach for a concession stand, also a place to store their materials that they use for the beach; 2 The library was not lost but was given up as a teen center which was a previous administration’s concept to have that as a teen center. The Town Hall could be used one segment in the back, which is a
large room, which is behind the whole kitchen or where the Business Administrator’s office was, that section there, I don’t know if any of you remember that portion? That used to be a large room that could be turned into a teen center. There were doorways that led out to the beach, can be coordinated with functions going on out on the beach. The center portion is where the Historical Society would be interested; we would be interested as far as being able to put up displays. Questions have arisen why are we looking at this building in relation to the four buildings we have in the town? That are owned by the town that have historical significance. The reason is because, is that I have discussed with a couple of you and that I have discussed it with the Mayor and so on. We have the best chance for utilities; we have the best chance for the viable refurbishing of the building. We don’t have that with at least one which would be the Seward Mansion at this point; there is a possibility that is hanging out in the winds. Nothing definite, we have utility problems with all the buildings. We just have final agreements now, where the Muelbower House is concerned. We have problems there as far as getting in; there is a sewer system in Mr. Smith (cont’d): that area. There is a problem getting to that sewer system, because it is out in the street. The street would have to be opened and so, the expenditures of not only of getting utilities, but also a question of the restoration of the building. With the Town Hall, the Old Town Hall, the Casino, we have sewer that is almost up to the door of the old Police Department. Water, there was a sleeve put under the highway. There is water, there is a well on site, but it is contaminated, at least it was contaminated in relation to the previous issue with the septic from the Town Hall itself, the Town Hall itself contaminating it. Water would be available through Lakeview Estates. There was a sleeve put under the highway from Johnson Avenue so that water could be pulled through and run down along side the highway to the building. This would be an issue that you would have to address anyway if you were going to put regular permanent bathrooms with potable water there or as far as do something with a concession site for the beach under the recreation. So the sewer and water is going to have to be addressed one way or another. So that is an expense whether the building is demolished or not. That is going to be an expense that is going to get set. The electricity you have on site, from there you’re talking about actually with the building, now you have heating, the boiler that is in there…I am actually a plumbing and heating contractor. I have just done a quick review of the boiler three weeks ago. The boiler is in excellent condition. Probably 60 to 80% of the heating system that was winterized when the building was de-commissioned back in the late 90’s, that system could be salvaged at least at this point, at least initially used. Updating would probably be a good idea, but it would have to be looked at. After the building would be cleaned out on the inside and remove all the partitions that were put in there over the years for all the different departments that literally has created most of the jumble of what you see today going into the building. As far as the deterioration of the building itself, I have had the masons look at the building, I have had roofers over at the building. I have, in fact, one proposal right here that is a roof reassessment report for $87,000.00 to replace the roof. There is no structural problem with the wood supports for the roof. There was no rot in the wood of the roof; it is only strictly, a surface which is a tar surface, which is a hot tar surface finish. That would have to be redone. The main problem which is the leakage which is what everybody is concerned about, where the ceiling has dropped, which is one of the requirements when you go into the building you need hard hats. This is mainly upstairs in planning. The reason why, the flashing on the parapet on the front of the building facing the lake, that flashing is bad. As the first guy I had go up on the roof and look at the roof, and these are all people that went up on the roof under signing a release and permission through the Administration. They went up there initially questioning, because that felt the building was in severely deteriorating condition. Came back to me, as and the first fellow in a joking comment said, I guess you people don’t own roofing nails or tar? That is the only thing it really needs to stop the leaks on this roof. This is the deterioration we are looking at, not really that bad. To get into it, the best bet would be to replace the roof, bring it up to standard of today. As far as the building is concerned, what you see when you look at the beach, you see the scoring on the building, the block blowing out, I mean from where water has come down from the parapet I mean from where the flashing is bad. That block has frozen and actually exploded apart. Two masons I have had that have been in the business well over 20 years, which are actually neighbors of mine have both looked at it and they told me those sections could be cut out and repaired. Best bet would be is to give some large outfit…which I do already have scheduled, one of the heads from the company, which is Garden State Brickface, to look at the building, and look at the general blasting and sand blasting of the whole building, and then the building could be repainted and touched up at that point. There is some wood work that has to be done as far as the windows and the sills are concerned. Also up on the parapets there is some wood up there that also has to be repaired. I don’t think we are talking about anything as far as the building is concerned, which is a settling problem. One of the articles that just recently had come out in the Star Ledger, one of the comments that were made in there, a reference that the building is sinking into the swamp. The reports, I have all the reports that were done right here, that were done on that building right from the beginning. Talking to the Township Engineer, Mr. Buczynski, when he looked at a few years ago, I think it was 3 years ago, and made a formal report on it, is that the building is not sinking, there is some settling as far as on the floors, but I hate to tell you, is that I can remember as a 7 or 8 year old in the cubs scouts when it was Troop 62 at that time which was the only cub pack …troop in Budd Lake, we went in there and saw settling of the floors in those times. That was happening back in
the early 50’s. What we are looking at today is not a lot much more as far as the settling is concerned. When you look at the building, the building was set on pilings. Then what they did, they dredged and used a bile mass material, likely from the swamp and back filled and poured concrete on it. That is why the settling has been on the floors, because that bile mass has compressed and allowed the floors to settle. So from what I can see at this point, what we have in a preliminary have found is that there is nothing major, or structurally wrong with the building. The building could be brought back. First thing we come into is the finances, at this point from…I am looking at it, and we are talking here with this Ordinance, somewhere “between” $125,000.00 to $150,000.00 to demolish the building. One of the questions is going to be, will anything be able to be built back on the site? Probably very unlikely because, of the acts that cover with the outlet being trout producing waters, and any tributary to that same thing, which is what Budd Lake is, you can’t build within 300 feet. It is going to pretty much eliminate unless there is some act of God that is going to allow anything to be built back on that site there. The building subsequently, as I said with the costs, moving over into the costs still, we have one of two ways to go. We are looking at original one proposal that I have, out of two more that I have coming, of approximately
Mr. Smith (cont’d): $87,000.00 cost to do the building. We have other possible costs, which I have to find out, that I have nail down as far as the exterior work on the building. Then of course you still have the interior work. We have done things in the past, different groups have looked at it, as far as joining together to do these things. What I am asking Council, is first and primarily I would like to get this Ordinance held off at this time and not go into a final signing to pass this Ordinance for the demolition. If that is not possible, what I would like to ask from the Historical Society, that you give us until approximately April 1st of 2006 to come up with an appropriate plan, both financially, scheduling and what would have to be done with appropriate surveys on the building, if it is not acceptable to the Council you would still have the time between April and May to demolish the building, and have the property prepared for when the beach season opens in June. I thank you, if there are any questions?

Mr. Rattner: I thank you, Mr. Smith. So I saw another hand, is there anyone else that would like to speak on this issue? Yes Sir.

Nelson Russell, Budd Lake: Just looking at the Ordinance, I am wondering why we are putting the demolition costs in with the new Library, why are we combining that.

Mr. Rattner: We are not, Mr. Casey, you want to….

Mr. Casey: Yes, it is simply, Council had previously established a sum of money available for the Library. We made the down payment on that etc. The Library came in less than budgeted so this money is available for re-appropriation, and this is simply re-appropriating those funds to make it usable for this process as well as the Library. It is simply a matter of making the money available.

Mr. Russell: Wouldn’t it make more sense to have it as a separate capital project?

Mr. Casey: If we make a separate capital project we have to come up with 5% down payment. We have to repeat a lot of work we have already done. With the other Ordinance that would be a whole new Ordinance, which means supplemental debt statements and all the other routine to go forward with it. This accomplishes the same method of making the funds available without creating new funds. These funds have already been appropriated, are already in our capital planning, so it is simply using existing funds that are no longer needed for the purpose originally intended.

Mr. Russell: So it is kind of a slush fund we can use for wherever we….

Mr. Casey: No the word slush fund, it specifically takes a formal action of the governing body by Ordinance to amend this in order to make these funds available. If it does not happen and the money is not expended, what happens is, it becomes a credit against our debt service. It is not money that can be spent for anything else. It becomes a credit against our debt service and is taken off from that standpoint over the next several years.

Mr. Russell: We couldn’t use it for the DPW garage?

Mr. Casey: Only if Council by Ordinance amends it etc. etc. It goes through the same process. A capital Ordinance is very specific for each purpose.

Mr. Russell: We could amend the DPW garage just as well…

Mr. Casey: We could… you could take this same money if the Council wanted to and rather use that money to demolish that building; you could make that money available for the DPW the garage that is correct.

Mr. Russell: Okay, thank you.

Mr. Rattner: Anybody else that would like to address the Council? Seeing none, I will close to public portion. Council Comments…wait a minute, first we move it. Ms. Labow, would you move this Ordinance for final passage?

Mrs. Labow: I move Ordinance #30-2005 for final passage.

Mr. Buell: Second.

Mr. Rattner: Any discussion, Mrs. Labow.

Mrs. Labow: Bernie you want to go first?

Mr. Guenther: Go ahead.

Mr. Rattner: I had called on you Mrs. Labow.

Mrs. Labow: I am sorry, I thought I jumped in…I want to thank Mr. Smith for his extensive research on this and all of the material you brought forward for our consideration. I do want to say that it is my understanding that we have to go through a permit process for demolition, Mr. Casey, is that correct, the DEP to demolish this building?

Mr. Casey: No, no we can demolish the building with just a normal building construction permit; we do not need a DEP permit for demolition. He is correct if we were to re-build on that site, I think we already discussed that before, slim to none are your chances to re-building on that site, but for demolition to restore the site that we are talking about removing the building and putting basically filling in with dirt or sand etc. etc. we do not need DEP permits for that.

Mrs. Labow: Mr. Casey, there’s a structure on Route 46, I think it is 333 Route 46, a brown house that we have been trying to have demolished for quite some time. We brought it up at another meeting that the Township might pay for that demolition, and put a lien on that property. Do you recall which one it is?

Mr. Casey: Yes.

Mrs. Labow: It is my understanding, that we have to get the DEP approvals to have that demolished?

Mr. Casey: No, not DEP permits.

Mrs. Labow: Not DEP? I think we have….if we could double check that.

Mr. Casey: I mean, where we are, in essence, we are removing a structure and restoring a site to a vegetative matter. I mean we are putting dirt in; we are not paving or anything else.

Mrs. Labow: Okay, maybe I am using the wrong word, DEP, maybe it’s because of the Highlands.
I understand that there is some kind of special permit that has to be acquired before that building can be demolished, and I want to know if we are going to go through the same thing with the Municipal Building because of the Highlands Act, possibly because of the wastewater management, if you could check with …..

Mr. Casey: My understanding is there are no permits that we need, other than a normal construction permit for the building, to demolish.

Mrs. Labow: Okay, can we verify just to make sure because it is my understanding that it is a little bit more involved.

Mr. Casey: No, not that I am aware of, but I will definitely ask other people.

Mrs. Labow: The other thing I wanted to say to Mr. Smith is to thank you for all the information. I will say in the past 5 years I have not had one single person come to me and say please save the old Municipal Building. I have heard from hundreds literally hundreds of people, take it down, they have had enough. In that respect, I think the, my personal opinion that Historical Society does a fabulous job and that you are wanting to do something with this building, and my personal opinion is that it is too late. I am sorry, and I do thank you for your effort and bringing that information forward.

Mr. Rattner: Mr. Guenther.

Mr. Guenther: Well, in view of the fact that this needs a super majority, correct?

Mr. Rattner: All five.

Mr. Guenther: In view of the fact we have a couple of absences, my suggestion would be to table this for a meeting for when there is a more complete, more complete attendance of the governing body, rather than have it hinge on the five members that are here, that would be my suggestion.

Mr. Dorsey: You don’t really want to make a motion to table, because a motion to table, if passed, would kill it. Do you wish to make a motion to continue the…

Mr. Guenther: To continue, I am sorry I thought…

Mr. Dorsey: Until some time in September, well, you can always make that motion.

Mr. Guenther: Can I make a motion with the other motion being on the floor?

Mr. Dorsey: Yes, you can make a motion now.

Mr. Guenther: Okay, that would be my motion as to…to continue it …

Mr. Dorsey: Until what, September 27th?

Mrs. Lashway: September 13th is the next meeting.

Mr. Guenther: To the next public meeting.

Mr. Mund: Second.

Mr. Casey: If I might to clarify that? You’re continuing the final action, but the public hearing portion…

Mr. Rattner: Public hearing is over.

Mr. Casey: Correct, so you’re just continuing Council’s final vote on this, until the 13th that is your motion?

Mr. Guenther: Yes.

Mr. Casey: Fine.

Mr. Rattner: Any discussion on that?

Mr. Dorsey: It has been moved and seconded.

Mr. Rattner: I have a…that is why I asked for a discussion. I have been concerned about that. I think at the last meeting, I have been a big supporter of trying to save the building, and I have tried my darndest for the last 10 years, fighting against always the majority, who probably I think some of them have suggested a fundraiser, when we imploded it on who was going to push the lever. However after seven, eight years of seriously trying to save it and trying to come up with plans and the report that Mr. Smith gave was very similar to the one we got from Mr. Buczynski three years ago, except it was a little cheaper. The roof was only $70,000.00 at the time and that type of thing. However, I have come to the point, and why I finally cried uncle is because I finally got sick of looking at something that looks like a blighted area on Route 46. I think it is a shame and we can say we all had our opinions how it got here, what the value is, but in seven years, and I have been here all of the seven years, the faces have changed and the votes were always the same, four/three, five/two, can never get the fourth vote to say let’s do
something with the building, spend the money, and let’s make it into something and what it has done. I don’t think it is going to happen, I finally gave up, it is deteriorating more and more. Looking with different things happening on 46, we are trying to clean things up and that is one area we are not. We are going to have the back end cleaned up when we finally get to the public works building. By putting it off by a couple weeks I don’t think it’s going to make any difference. From what I understand from our last meeting, there are 5 votes here, there are 7 votes at least from the straw poll, so even if both people change their mind that are not here tonight, from the straw poll we took a couple weeks ago, it is not going to change. If the Historic Society, I think there may be some purpose, it may take a certain amount of time, we still have to go out an bid, and there might be a couple month window. I mean if someone can come up with a wonderful plan in that time, that is viable until the bulldozer acutely pushes it down, it is probably something that could be considered. I don’t think the 4 votes are going to be there for the Council at that point either. It hasn’t in the past and I don’t see it happening in the future, so I would vote against putting it off. I don’t see what it does other than just prolong it. Anybody else, and Roll Call, this is on the motion to carry, continue, whatever.

ROLL CALL: Passed: Mr. Buell, Mr. Mund, Mr. Guenther
Except for: Mrs. Labow, Mr. Rattner


Mr. Rattner: No, it is carried, so we will have it scheduled for consideration and final vote on September 13th. Hey you got a couple weeks, and I do appreciate, Mr. Smith and I, was it last night, yes, last night had a very long discussion on everything. He has really done the work and I do agree with him on a lot. I just, after a while, have to look at the realities of things and I think that is what I told you last night.

Mrs. Labow: I agreed, I just don’t see the money coming forward……

Mr. Rattner: Well, or even just the support, even when we thought in the past, when we thought some of the support, the majority of the Council said I don’t want the building no matter what it looks like; it just doesn’t fit into what we’re in the future. I really believe it is because a lot of people would rather see everything new. I would rather try rehabilitation, but that is just preference and that is why we have seven people up here. Anyway it is going to be continued till the 13th. Thank you very much for your work. You were at least successful tonight, good luck.

Mr. Smith: Thank you.

Mr. Rattner: Next item on the Agenda, I open the Public Hearing on #31-2005 entitled:

Ord. #31-2005 Bond Ordinance Providing for Various Water Utility Improvements in and by the Township of Mount Olive, in the County of Morris, New Jersey, Appropriating $666,000 Therefore and Authorizing the Issuance of $632,700 Bonds or Notes of the Township to Finance Part of the Cost Thereof.

Mr. Rattner: Anyone from the public who would want to address the Council on this item? Seeing none, I close the Public portion and ask Mr. Mund to make the motion.

Mr. Mund: I move for adoption and final passage for Ordinance #31-2005.

Mr. Guenther: Second.

Mr. Rattner: Any discussion? Roll Call.

ROLL CALL: Passed Unanimously

Mr. Rattner: Ordinance #31-2005 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 the adoption as required by law.

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

Mr. Rattner: Now we are going to move on to Ordinances for First Reading. On the Agenda it is
showing it for September 27th. We will be moving it up to September 13th.

Mr. Mund: All of them?

Mr. Rattner: Yes, because the Clerk says it is just as simple to do it that way, also on these, the Bond
Ordinance for introduction it does not take a super majority, just takes a regular majority to get it on.
Super majority is only on final passage.

Mr. Dorsey: Very good Counselor.

Mrs. Labow: Can I ask one question?

Mr. Rattner: Mrs. Labow, it passed.

Mrs. Labow: I know but I have to ask Mr. Casey or somebody a question. For the water utility the payments for that bond, comes out of the….

Mr. Rattner: Repair.

Mr. Dorsey: Out of the water utility.

Mr. Casey: Watering utility, completely.

Mrs. Labow: Okay.

Mr. Rattner: Self liquidating.

Mr. Casey: That is correct.

Mrs. Labow: That is what I wanted to clarify, thank you.

Mr. Rattner: Okay thank you, Mrs. Labow, thank you Mr. Casey. Next item on the Agenda for First Reading is Ordinance #35-2005 entitled:

Ord. #35-2005 An Ordinance of the Township of Mount Olive Establishing Sex Offender Residency

Mr. Rattner: Mr. Guenther.

Mr. Guenther: I move that Ordinance #35-2005 be introduced by title, and passed on first reading, and that the meeting be held on September 13th at 7:30 P. M. at the Municipal Building, 204 Flanders-Drakestown Road, Mount Olive, N. J. 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 law.

Mr. Mund: Second.

Mr. Rattner: Any discussion? Mr. Buell.

Mr. Buell: Yes, I recognize that this is swimming up hill to try to say no to this kind of an Ordinance.
It’s going to get challenged in the courts and it is going to cost us an awful lot of money. I think Chief
Katona estimated that the, just getting all the maps together, because we have to have a specific map
for where all these schools and playgrounds and child care centers and everything else, and we have to draw, I think the Ordinance requires 2500 feet from all of these. I think if we are going to do this, we should put the train station, all the bus stops in…

Mr. Mund: That is why they challenged it.

Mrs. Labow: That is why they challenged it.

Mr. Rattner: At 2500 feet it covers the whole town, we understand that Mr. Buell.

Mr. Buell: They are also challenging it on that basis in a town I think very close to us. I will vote for it,
because I think this is going to get challenged, I think it is going to get overturned; it is going to cost a lot of money to do it quite frankly most of what I hear, in the newspapers published about these kinds of requirements, they don’t work, people travel. It’s not where they live; it’s where they travel to. So my comment at this point in time, I think we are wasting a lot of money for something that probably in the end with the 2500 feet distance will probably get overturned. We will have to go back and re-do all of the various maps and ….

Mr. Rattner: Thank you, Mr. Buell. Mrs. Labow, are you just waving, is your arm tired, or do you want to speak?

Mrs. Labow: Mr. Mund was hot and I was fanning him….

Mr. Rattner: Okay, then moving right along.

Mrs. Labow: I do have a question, I had asked this the last time we brought this up, that we ask Chief Katona to review it for its enforceability, and I want to know if perhaps Chief Katona….

Mr. Rattner: Now is not the time. Ask your Administration if they asked him to do that.

Mrs. Labow: Oh, I am sorry, Mr. Casey.

Mr. Casey: Chief is aware of it.

Mr. Rattner: Thank you, it is only the introduction. We are going to have a public hearing when we hear the public’s concerns also. Mr. Guenther.

Mr. Guenther: What was the impetus for this, what brought this about? I some how, I guess I missed a meeting, or maybe I was sleeping or something…

Mr. Mund: I was down in Lakewood and reading the newspapers where they introduced it, and they introduced in the fashion of schools, parks, recreation facilities, and day care centers. They had not been challenged but when Toms River implemented theirs they put in bus stops and immediately they were challenged in court. It was another means of protecting the children, similar to a drug free zone. It seemed like a sensible approach to protecting the kids.

Mr. Guenther: So it was your idea?

Mr. Mund: Yes.

Mr. Guenther: Okay. I would like to see an opinion from the Chief or his department, I am completely… I mean this is a legal issue. I am not an attorney. I have a hard time, and I guess we can pass it for first reading, but I am just completely, I don’t know what all of the ramifications are from this.

Mr. Rattner: Any other comments? Roll Call.

ROLL CALL: Passed Unanimously

Mr. Rattner: Mr. Casey, can you insure that we get input from the Police Department? Mr. Dorsey, you just have your opinion on based on where it has been and what the problems have been, and what we need to conform to it. I remember 16, 17 years ago I was told the same thing when we tried controlling cigarette vending machines. Yes, your associate at the time structured one that we were the first town that was not challenged, and we accomplished what we wanted to so some times it can be done.

Mrs. Labow: Mr. Rattner, because it does involve the school system, do you think we should possibly ask the Board of Education for their opinion on it, or just leave it?

Mr. Rattner: You think they are going to say…

Mrs. Labow: Maybe they are planning on something similar.

Mr. Guenther: They can’t, they don’t have the authority.

Mrs. Labow: I know then they will be coming to us.

Mr. Guenther: The Chief wishes to speak.

Mr. Casey: Mr. Rattner, the Chief would like to make some comments.

Chief Katona: Just one comment, the question that you’re arguing with is not one of enforcement. It’s a legal question and Mr. Dorsey is far more qualified than I would be to offer comments that. So if your going to ask the Mayor and the Administrator for my comment, it needs to come from….it is a legal question.

Mr. Rattner: I know that, we asked for the legal, we just have from there and you basically gave it, we will put it in writing and say, I will do whatever I am told, but it is a legal question whether it is enforceable.

Mr. Buell: Steve, I would also like to know how much it is going to cost to draw all these maps, put all of this, package together.

Chief Katona: Yes, we can get that through.


Mr. Rattner: Mr. Buell, you’re using up too many words, it is costing us to type them up. Okay, next item on the Agenda is Ordinance #36-2005 entitled:

Ord. #36-2005 Bond Ordinance Amending Section 3(a) of Bond Ordinance #11-2001, as Supplemented by #6-2002, as Amended by #9-2004, as Amended by #35-2004 of the Township of Mount Olive, In the County of Morris, New Jersey Finally Adopted May 8, 2001, as Supplemented March 12, 2002, as Amended April 13, 2004, as Amended November 9, 2004, in Order to Provide for the Acquisition and/or Installation of a Mobile Video System.

Mr. Rattner: What would cause anybody to have the CFO go through all this to try figure this out? I mean that is cruel and unusual treatment.

Mrs. Labow: Mr. Rattner, you used too many words on that one.

Mr. Rattner: You’re not kidding. Okay since I am holding the meeting…

Mrs. Labow: Mr. Rattner, can I do it?

Mr. Rattner: Mrs. Labow, you can do it.

Mrs. Labow: I move that Ordinance #36-2005 be introduced by title, and passed on first reading, and that the meeting be held on September 13th 2005 at 7:30 P.M. at the Municipal Building, 204 Flanders-Drakestown Road, Mt. Olive, NJ, for public hearing, consideration for 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.

Mr. Rattner: Any discussion? Roll Call

ROLL CALL: Passed Unanimously

Mr. Rattner: Okay, next item we said we were going to hold off…so we just skip over it? Okay Ordinance #37-2005 is not being introduced.

Ord. #37-2005 An Ordinance of the Township of Mount Olive Providing for the Utilization of the Municipal Website.

Mr. Dorsey: Just skip, over it.

Mr. Rattner: Next item on the Agenda for first reading is Ordinance #38-2005 entitled:

Ord. #38-2005 Bond Ordinance Amending Bond Ordinance Numbered #26-2005 of the Township of Mount Olive, in the County of Morris, New Jersey, Finally Adopted August 9, 2005 in Order to Amend the Description of the Project and Title of the Ordinance. (clarifying and removing the word “expansion” from Ord. #26-2005)

Mr. Rattner: Mrs. Labow.

Mrs. Labow: Thank you, that was a mouth full too, Steve.

Mr. Rattner: It is not as many dates.

Mrs. Labow: Okay, I move that Ordinance #38-2005 be introduced by title, and passed on first reading, and that the meeting be held on September 13th 2005 at 7:30 P.M. at the Municipal Building, 204 Flanders-Drakestown Road, Mt. 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 law.

Mr. Mund: Second.

Mr. Rattner: Any discussion? Roll Call.

ROLL CALL: Passed Unanimously
With the exception of Mr. Rattner Abstained

Mr. Rattner: Now we go to next item for first reading is item #39-2005 entitled:

Ord. #39-2005 An Ordinance to Amend Ordinance #22-2005 “An Ordinance of the Township of Mount Olive Authorizing a Lease Agreement Between the Township of Mount Olive and the Mount Olive Child Care and Learning Center” (clarifying and removing the word “expansion” from Ord. #22-2005)

Mr. Mund: I move that Ordinance # 39-2005 be introduced by title, and passed on first reading, and that the meeting be held on September 13th 2005 at 7:30 P.M. at the Municipal Building, 204 Flanders-Drakestown Road, Mt. 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 law.

Mr. Guenther: Second.

Mr. Rattner: Any discussion? Mr. Mund.

Mr. Mund: This is not going to hold up the Bonding or preparation of the agreements?

Mr. Casey: No.

Mr. Rattner: Any other discussion? Roll Call.

ROLL CALL: Passed Unanimously
With the exception Mrs. Labow- No
Mr. Rattner Abstained

Mr. Rattner: Okay, now we will come to the next five Ordinances that all have to do with the traffic circulation and parking plan for the construction of the High School. Mr. Dorsey, since these are all related, can we read them all once, or do they actually have to be done individually?

Mr. Dorsey: I think it depends on how the Clerk will set it up in the Minutes; I think you can do them all at once.

Mr. Rattner: Does anyone have a problem with that?

Mr. Dorsey: No discussion, nobody is going to have any comments after the explanation that was

Mr. Rattner: Okay, so I will read them all out, we will do it once. The next item on the Agenda is a series of five Ordinances for First Reading starting with Ordinance #40-2005 entitled:

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

Mr. Rattner: The next item is Ordinance #41-2005 entitled:

Ord. #41-2005 An Ordinance of the Township of Mount Olive Prohibiting Parking on Vaccaro Road.




Mr. Rattner: Next Ordinance is Ordinance #42-2005 entitled:

Ord. #42-2005 An Ordinance of the Township Council of the Township of Mount Olive Establishing a School Crossing on Cory Road at the Intersection of Victoria Drive.

Mr. Rattner: The fourth Ordinance is Ordinance is #43-2005 entitled:

Ord. #43-2005 An Ordinance of the Township Council of the Township of Mount Olive Establishing No Parking, No Standing, No Stopping on Various Roads in Conjunction with the High School Construction Project.

Mr. Rattner: And the final Ordinance is Ordinance #44-2005 entitled:

Ord. #44-2005 An Ordinance of the Township Council of the Township of Mount Olive Requesting the County of Morris to Establish No Parking, No Standing, No Stopping on Flanders Road from Flanders-Netcong Road to the Easterly Property Lines of Block 3900 Lot 3 and Block 7600 Lot 73.

Mrs. Lashway: 3900 and 7600

Mr. Rattner: What did I say?

Mrs. Lashway: 39

Mr. Rattner: 3900 Lot 3 and Block 7600 Lot 73.

Mr. Dorsey: You want to put down that these will be placed on for second reading.

Mr. Rattner: Yes, so we will do it, Mr. Buell would you make the motion to introduce all five Ordinances?

Mr. Buell: I move that Ordinances # 40-2005, Ordinance #41-2005, Ordinance #42-2005, Ordinance # 43-2005 and Ordinance #44-2005 be introduced by title, and passed on first reading, and that the meeting be held on September 13th 2005 at 7:30 P.M. at the Municipal Building, 204 Flanders-Drakestown Road, Mt. 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 law.

Mr. Guenther: Second.

Mr. Rattner: Any discussion? Mrs. Labow.

Mrs. Labow: Just really quick, I wanted to thank Mr. Buell, Mr. Greenbaum, and Mr. McEntee, and the rest of the Board of Ed. and Mr. Casey, Chief Katona and the rest of the Police Department for being pro-active on the situation instead of being reactive and I think it was an excellent job, a great combined effort by all, thank you.

Mr. Rattner: Anybody else? Roll Call.

ROLL CALL: Passed Unanimously


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.


1. Resolution of the Township Council of the Township of Mount Olive Urging Federal Assistance to Help Control White-Tailed Deer Populations.

2. Resolution of the Township Council of the Township of Mount Olive Resolving Roll-Back Taxes with Newark Jersey In the Amount of $104,500.00.

3. Resolution of the Township Council of the Township of Mount Olive Authorizing the Approval of Change Order Number 4 and Final Payment Certificate Number 6 to Flanagan Contracting Group, Inc. AMENDED

4. Resolution of the Township Council of the Township of Mount Olive Endorsing Governor Codey’s Program for Education for Post Partum Depression.

5. Resolution of the Township Council of the Township of Mount Olive Authorizing a Lease Agreement Between the Township and Mt. Olive Historical Society for the Muhlbauer House. AMENDED

6. Resolution of the Township Council of the Township of Mount Olive Amending Resolution 2005-5 Entitled “Resolution Retaining Professional Services Without Competitive Bidding” to Change the Name of the Risk Management Provider.

7. Resolution of the Township Council of the Township of Mount Olive Authorizing the Cancellation of Municipal Liens Against Properties that have been Deleted from the Assessor’s Tax List.

8. Resolution of the Township Council of the Township of Mount Olive Canceling Taxes for Properties Owned by the State of NJ DEP.

9. Resolution of the Township Council of the Township of Mount Olive Authorizing the Omission from Tax Sale of Certain Properties.

10. Resolution of the Township Council of the Township of Mount Olive Requesting Approval from the Director of the Division of Local Government Services for Insertion of a Specific Item of Revenue into the 2005 Municipal Budget ($4,000 for the “You Drink, You Drive, You Lose” Grant).

11. Resolution of the Township Council of the Township of Mount Olive Awarding a Contract to Williams Scotsman, Inc. for (2) Modular Unit Storage Trailers.

12. Resolution of the Township Council of the Township of Mount Olive Rejecting All Bids for the Purchase of a Dump Truck.

Mr. Rattner: Okay now we come to the Consent Agenda, these are items that we think are routine, non-controversial, however if there is any Council member that feels that a Resolution should be taken off Consent and discussed separately, Mrs. Labow.

Mrs. Labow: Number four.

Mr. Rattner: Number four.

Mrs. Labow: Yes.

Mr. Rattner: Anybody else?

Mr. Rattner: Okay, Mr. Guenther would you move Consent Agenda omitting Number four.

Mr. Guenther: What do you want me to move?

Mr. Rattner: Consent Agenda.

Mr. Guenther: Oh, except Number four, I thought you wanted me to move Number four. Okay I hereby move for passage of Consent Agenda 1-3 and 5-12.

Mr. Mund: Second.


Mr. Rattner: Anybody from the public who would like to address any item on the Non-Consent Agenda? Seeing none, I close the public portion Any Council comments? Roll Call.

ROLL CALL: Passed Unanimously

Mr. Rattner: Okay, Mrs. Labow, would you move Resolution #4.

Mrs. Labow: Yes, I would, I think Mr. Dorsey is getting ready to make an exit and I just wanted to ask a question before he did.

Mr. Dorsey: Not about post partum??

Mrs. Labow: No, not about post partum, I know you’re not qualified to answer that question. In response to the five Ordinances we passed on first reading since they will become final on the 13th should we pass a Resolution so that…

Mr. Dorsey: Do that on the 13th as well.

4. Resolution of the Township Council of the Township of Mount Olive Endorsing Governor Codey’s Program for Education for Post Partum Depression.

Mrs. Labow: I move for passage of Resolution #4.

Mr. Mund: Second.

Mr. Rattner: Okay, anyone from the public that would like to comment on this? Seeing none, I close it to Public Comment Portion, any Council comments?

Mrs. Labow: I just wanted to, the reason I took this off, because I wanted it to go…especially I wanted to thank Mr. Dorsey for taking the time to put together this Resolution. It was a rather unique Resolution for Mr. Dorsey and I do appreciate it. The reason why I want to bring it to special attention is that I did receive this in an email from the Governor’s Office regarding that this is a program that our acting Governor’s wife felt this was very important, something she had suffered from herself. I just kind of wanted to bring a little bit of special attention to it that there are a lot of women out there that do suffer from post partum depression. They get the blues and I think it is a great that our State is being pro-active in trying to educate people on it…and not Tom Cruise.

Mr. Rattner: Anybody else? Roll Call.

ROLL CALL: Passed Unanimously


1. Bill List.

Mr. Rattner: Motions, all we have tonight is the Bill List, Mr. Buell, would you move the Bill List.

Mr. Buell: I move the Bill List.

Mrs. Labow: Second.

Mr. Rattner: Any discussion? Roll Call.

ROLL CALL: Passed Unanimously


• Update on Handicapped Parking @ Library

Mr. Rattner: Okay, under Old Business we have, Mrs. Labow I told you this would be later. Update on Handicapped parking at the Library.

Mrs. Labow: I think we already discussed all that?

Mr. Rattner: I know it is on the Agenda that is why I wanted you to wait for the proper spot.

Mrs. Labow: Thank you.

Mr. Rattner: Okay, any other Old Business?

Mr. Buell: Old or New?

Mr. Rattner: We will go to New next.

Mrs. Labow: I have an Old Business question…

Mr. Rattner: Go ahead.

Mrs. Labow: I know at one point Mayor De La Roche, had come, a couple of us had gone on a tour of the Old Municipal Building, and since that time Mayor De La Roche had been in support of demolishing of the Old Municipal Building. I was just wanted to know what your opinion is now.

Mayor De La Roche: I have been in favor of saving the building. What has happened here is that Mr. Smith has put new light on it in the fact that he was questioning the engineers and I was basing my opinion, as Steve has said, we based our opinion on what we have been told by people that have been in there. I am not an engineer and I don’t play one on TV either. So I have no idea whether the building is salvageable or not? I concur with the Council willing to take another look at it.

Mrs. Labow: Did we say we were going to take another look at it? I thought we said we were giving two weeks.

Mr. Rattner: Well, it is two weeks, we did not pass on the Bonding tonight so…basically the Historical Society got a reprieve of two weeks, to come up with… an all convincing argument.

Mrs. Labow: But I also…all the engineering reports that we have seen in the past, they are all the same, basically it is going to take a lot of money to refurbish the building. I didn’t see any engineering report that said the building was structurally unsafe, did you?

Mr. Rattner: You just said two different things, one it would be too expensive, and then you said that it was not unsafe.

Mrs. Labow: No, I did not see any engineering report that said the building was structurally unsafe, but it is an astronomical cost to bring the building up to code. That to me is the question; we don’t have the funds to do that.

Mr. Rattner: We never got that, it depends on what you mean? To make it useful for something else, the last report we got three years ago from Mr. Buczynski when they reviewed it they said they could stabilize it and make it safe, not ready for use, but safe and I think at the time it was about $125,000.00. The whole issue is that this Council and previous Councils has decided it wasn’t a priority, and even from the Historic Society, last year it was number four on their list. Now it has moved up. Really it is an issue, it has always been, we have always been split on it. What happened with me is I just basically said… I just got tired of looking at that there. It should have been done years ago and it hasn’t been done and I don’t see it happening in the future. Unless, they can come up with a good plan, if they can, then fine.

Mr. Guenther: Well, I am sorry, I don’t mean to be saying this with Mr. Smith not being here, but I don’t think there is any anonymity on the Historical Society either, so I think members I have talked to…in the ideal world they would have liked to preserved it, it was a matter of priorities and that is what it came down to.

Mr. Rattner: That’s like I said, but he said in the last six months they have changed it, but I remember six months ago it was number 4…it was last.

Mr. Guenther: Again, I have said all I am going to say.

Mr. Rattner: No, I don’t think you said anything that I don’t think we are all not all in agreement with, any other Old Business? New Business, Mr. Buell.


Mr. Buell: I don’t know whether it is… I got this privileged and confidential memo from Mr. Dorsey related to the Library about absolute and demanding control, I don’t know whether this is something that needs to be discussed in the Executive session or is it something that could be discussed at this point?

Mr. Semrau: If I could just see it, right here, right here. Mr. Buell it talks about in the memorandum potential, a potential for litigation, so I would say if that is something you want to comment on. You should ask for an Executive Session regarding the legal opinion issued by Mr. Dorsey relevant to the Library and the issues raised therein.

Mr. Rattner: Then we should defiantly speak about it with Mr. Dorsey who actually wrote the opinion.
Lisa would you have that as a follow up and let Mr. Greenbaum know that came up. That is has been requested and suggested that we have an Executive Session at our next meeting.

Mr. Semrau: Mr. Buell I don’t want to preclude you from discussing something outside of this memorandum, but if you’re going to discuss the contents of it, I would suggest it starts in Executive Session.

Mr. Buell: Yes, that is the reason why…I just got it today.

Mr. Rattner: Mrs. Labow?

Mrs. Labow: Are we still under New Business?

Mr. Rattner: Yes, you can’t go back to Old Business either.

Mrs. Labow: It was brought to my attention by a couple of residents and then again today it was brought to my attention that the Library, this is something that maybe Mr. Casey could please follow up on this, that the Library has a letter over there which is asking residents if they would please be so kind as to donate $35.00 to the Library so they would be able to have new books, computers and full compliments of children’s programs, and be opened more weekend hours. The question that was raised specifically for this is that, I guess the question came about when we have our agreement with Netcong, that Netcong pays $20.00 for each one of their residents to have a library card here at our library, and my question is,
last year at the Library Board meeting as far as what privileges does that $20.00 afford the Netcong residents. I was told that it is a limited privilege, that they could not go to another Library such as Roxbury, or Rockaway or what ever, and utilize the library card at those locations. The question was then posted to me today well, how do we know? Like how do we know? Why is Netcong only paying $20.00 in essence out of our tax dollars, we are really paying per resident $36.00 and now they are asking the people to donate $35.00 more. So the issue isn’t so much that they are asking residents for donations, I think it is admirable if some one wants to give a donation that is wonderful. My question is, what are the restrictions to the $20.00 library membership that the Netcong residents pay, and how is that identified if they go to another library?

Mr. Casey: I understand your question. I don’t have an answer; I just understand your question.

Mrs. Labow: Okay, I just wanted to make sure I made it clear, thanks that’s it.


Mr. Rattner: Any other New Business? Do we have any Legal matters to report?

Mr. Semrau: No legal matters to report.

Mr. Rattner: You came late and you weren’t working on all these important legal cases.

Mr. Semrau: I did ask Mr. Dorsey if there was anything he wanted me to report? He said no there wasn’t.


Mr. Rattner: Okay, then we will go right onto Council Reports, Mrs. Labow.

Library Board Liaison Report

Mrs. Labow: They didn’t meet in August, so I have nothing to report.

Recreation Liaison Report

Mr. Rattner: Recreation Report, Mr. Mund.

Mr. Mund: Scheduled to meet the first Wednesday in September.

Board of Health Report

Mr. Rattner: Board of Health Report, Mr. Guenther.

Mr. Guenther: Well, if you have been reading the newspaper I guess you got an update on what happened at last week’s meeting. We had to take a very drastic action of closing down, of actually revoking the license of Brooklyn Bagel, in Flanders. We actually had a public hearing. Only the full Board of Health can do that. We had to actually have a hearing, where testimony is presented the license holder was invited; he knew the meeting was taking place. He acknowledged the fact that he understood the hearing was taking place and he did not show up. So he did not afford himself the opportunity to defend himself and we had no recourse but to take this action. He had apparently contacted the Board of Health in the meantime, about the possibility of re-applying for the license; there are also several warrants out for him to appear in Court to pay certain fines on his past violations. That was it… that was just the Board of Health.

Mr. Rattner: In reading those newspaper articles it really looks like the Department and Board of Health went out of their way to help the person, to give them every opportunity to clean up, give them time to show him what has to be done. I can see why you had to take the drastic action and I think it went a lot further. I think it really shows that we are trying to help any business in town and those are the things that don’t get out. Everybody hears they are being hard on you, you read that, you realize how hard you have tried to make this business conform, and it is commendable.

Mr. Guenther: What actually happened, we had 14 visits from January thru the present time by Heidi who is the inspector, and no summons were actually issued until some time in April. So she was trying to educate them, she was trying to work with them; she thought progress was being made. Unfortunately it didn’t happen. They were given more than enough chances. In fact, someone on the Board actually made the remark they think they gave them too much of a chance. We felt, on balance, it was the right thing to do.

Mrs. Labow: How long have they been open over there?

Mr. Guenther: I have no idea.

Mr. Buell: Six to eight weeks, not that long, January of this year.

Mrs. Labow: Oh, it is a brand new business?

Mr. Guenther: Yes, I guess they were fairly new at that time, and the inspections took place immediately. I mean as I have said, I have been quoted it’s not anything in particular it is just those photographs and nobody…the people in our department had many years of experience, said they have never experience anything like this. There just doesn’t seem to be concept of what needs to be done and it was just out of frustration because it was taxing his department, and constantly having to go back and to go back and go back. He said in fact Heidi was probably going to be going out on maternity leave. He is going to be shorthanded in that department. He couldn’t keep continuing to do this when no progress was taking place.

Mr. Rattner: Thank you, Mr. Guenther. Planning Board Report, Mrs. Labow.

Planning Board Report

Mrs. Labow: Planning Board did not meet the whole month of August; we will be meeting again in September.

Mr. Rattner: Board of Adjustment Meeting, Mr. Perkins is not here. Open Space Committee, Mr. Guenther.

Board of Adjustment Liaison Report

Open Space Committee Report

Mr. Guenther: There was a special meeting regarding the diversion request. It was taken under advisement. There will be a recommendation from the Open Space Committee as to what they would recommend doing. It involves the property on Route 46 that has been rezoned as age-restricted housing. I think that was a meeting I was not present at but apparently we did approve that portion of the Master Plan. So it had been rezoned now it is just a matter of some diversion of property. The case was presented, we need to, apparently need to get some maps. There was an issue I think, did Mr. Greenbaum
contacted you Steve about maps? They really wanted to see more detail.

Mr. Rattner: Any maps that I had from this request I handed off to Kathy Murphy when I asked her to go there. If there is a specific request, if Kathy Murphy could give the Clerk, we will make sure we will get them. We want your committee to evaluate and see if it is in the benefit of the Township.

Mr. Guenther: I think that is how it wound up that they really wanted more detail before coming to us. I am a visual person too, and I really need to see what is being talked about. I guess it was continued until further information was forthcoming so they could make a final recommendation.

Mr. Rattner: Thank you, Mr. Guenther. Legislative Committee Report, Mr. Mund.

Legislative Committee Report

Mr. Mund: Nothing.

Pride Committee Liaison Report

Mr. Rattner: Pride Committee Liaison Report, Mr. Perkins is not here. Board of Education Liaison Report, I don’t think anything else has to be said right; we went over the school, the parking. Oh we do have more?

Board of Education Liaison Report

Mr. Buell: Well, just one issue, they did approve the school resource officer and they did approve supplying half of the dollars to us to do that. They did make a strong recommendation to the Town Council that we pass and approve their Grant. That is probably the only other issue that…

Mr. Mund: The only other thing that came up… was that on September 19th there will be a ground breaking at the High School.

Mr. Rattner: September 19th?
Mr. Mund: Yes.

Mr. Rattner: Lake and Environmental Issues Report.

Lake and Environmental Issues Report

Mr. Rattner: I have nothing to report. Safety Committee Liaison, Mr. Guenther.

Safety Committee Liaison

Mr. Guenther: No meeting since the last report.

Mr. Rattner: Okay, Finance Committee Report.

Finance Committee Report

Mr. Rattner: I have none, Economic Development Committee Report.

Economic Development Committee Report

Mr. Rattner: We only meet once a month and you had the report at the last meeting. Okay, we have come up to the last Public Portion period. Anybody who wants to address the Council on any issue can at this time, yes.


George Petino: Kenmar Road, Budd Lake: This concerns the Municipal Building, but not the issues Jim addressed. I went over there tonight, on my way over here, and I was appalled that this was Township property, and the Township employees have been doing nothing to at least maintain it. I see there are two buildings there that are not painted. They look like something you wouldn’t want in you’re neighborhood if you lived near it. I would also like to know why the people, how come the people who own that boat yard there have vehicles on our property? This is our Township property and why aren’t we maintaining our Township property? These are assets that the taxpayers own, and it seems like the Administration should be taking care of our assets. You have abandoned it, it looks to me like. So we are fulfilling a prophecy here. We are criticizing what we are seeing, we are saying that it is an eyesore, well, maybe we helped create the eyesore by not doing our job. This really disturbs me, so there is something wrong, that is all I have to say.

Mr. Rattner: Thank you, anybody else? Yes sir.

Nelson Russell: Several items, of course, Sherry just left. On the Bill List, on page 5, on the petty cash accounts there are two reimbursements $19.03 for seminar mileage, one under material, supplies, food, and the other under training conferences and meetings. It almost looks like a duplicate payment; it just seems strange it would come out to the penny, two different mileages on the same date. It’s just a second thought there.

Mr. Casey: I only see one in $19.03.

Mr. Russell: The second item $19.03 and the last item in there.

Mr. Casey: Oh, Okay.

Mr. Russell: I just had a question what prisoner food was?

Mr. Rattner: Terrible stuff.

Mr. Casey: Prisoner food is… we have to supply food for people held in our lock-up until they are properly taken to the County and or disposed of by the courts. So we feed them sandwiches.

Mr. Rattner: Prisoner food.

Mr. Russell: I also had a question on this. I hadn’t noticed any progress on getting that boat removed from across the street from the…

Mr. Casey: The owner has been given a notice for whatever the zoning requirements are, for so many days to abate.

Mr. Russell: I am also upset about the, I guess for lack of better term, the pissing match that is going on between the Library and the Council. Then whole issue, domain and control; it has now hit the Chronicle. The Library is saying they have domain and control. They are asking for financing outside of the Board. I mean it looks like they wish they had their own taxing authority, for independence.

Mr. Rattner: Well, right now they do have their own taxing authority. By regulation they are entitled to three mils or to three cents on your tax rate goes directly to the Library and we don’t have any control over it. The big issue has come up saying they can’t live with that anymore with the new Library, they need a lot more. With everything else going up the funds are just not there, and they are complaining saying they need a lot more money. The idea of going out separately I guess is trying to raise money and in the past to get the new Library, they did commit, I know they had a tough time to raise a certain amount of their own funds, and with so many different organizations looking for money it was just very, very difficult for them to raise what they had committed to. Your taxes, every resident in town is committed to three cents every year to that Library. That was done by a referendum when the library was municipalized over 20 years ago.

Mr. Russell: Okay, I guess the contest is more about the handicapped parking spots that have been going on since, I guess, January. This is now August, and they say it is their control over it and it is their Library and they get to say what is going on. You know, there is not much I can do, they are not elected officials. It is just an abomination it is taking this long to get it resolved, when this should be the body in control, thank you.

Mr. Buell: Mr. Russell, just one comment there. There were a lot of questions raised when Kathleen Sullivan was not seconded for a re-appointment to that Library Board. We now have a second opening on that Library Board. I, as one Council person, I am not going vote for someone on that Library Board who does not exercise what I think is the proper control, at this point in time. So this is liable to get more difficult as it goes on. The Library Board is a Mayoral Board. He sits and he votes on that Board. He also has control over the appointments of that. We can consent to that or we can not consent to that. So this is an issue that is going to continue for some time until someone steps up to that Library Board and says, what is happening?

Mr. Russell: I guess that is what I am asking for?

Mr. Buell: Yes, I am to.

Mr. Rattner: Thank you, anyone else that would like to address the Council at this time? Seeing none, I will close it to public portion and go to final comments. Mayor do you have any comments?


Mayor De La Roche: Well, first of all I would like to respond to that comment by Mr. Buell; it sounds like he is prejudged the candidate before I have even named anyone. So I don’t think that is his function, but that doesn’t surprise me. So we will see what happens when I nominate someone. I think it has already been prejudged and I think it is an abomination to put it bluntly, of his roll as a Council person and definite breach of his fiduciary duties. Rather than get into that, what I wanted to get into, we had a Highlands meeting recently that was attended by a number of people representing the town. Myself, Mr. Casey, Mrs. Natafalusy, and Paul Stefiniw from the Economic Development Committee, and what it came down to was the redefining of the map. Mr. Rattner was attending the meeting at which time it was discussed, so he was aware of it also. We attended the Highlands meeting and we put forth our case and I would like Mr. Casey to explain in more detail to the Council.

Mr. Casey: Last Thursday, the Highlands Council had before it a Resolution by the County Planning Board to interpret the location of the line on Waterloo Valley Road as it intersects with the Highlands.
That caused us to look at that, and what you have, you have two properties that are Foreign Trade Zone properties which are actually in the Highlands by the way the current map is drawn. Since the Highlands were looking at the lines at the request of the County Planning Board, we used that as an opportunity to
Mr. Casey: (cont’d): make a presentation to the Highlands Council basically acknowledging the fact that they recognize the fact, that they do not have the authority to change the line. That is a legislative authority, but we are calling to their attention the fact, the person who drew that line obviously was not aware where the Foreign Trade Zone was because he has located…he, she, whoever, DEP, in drawing the line basically ended up taking two existing developed properties in the Highlands, one of which is like 200,000 square foot building and the other one is 100,000 square foot building. It is like 300,000 square feet of development and included it in with the Highlands. When you look at the map that they put up on the wall, you can see that the Highlands in that area where it comes down by BASF, basically comes down, here is BASF goes around BASF cut right in like this, and comes way back out and then comes back down by Allamuchy State Park. In that area where they cut in and out happens to be two locations. So what we did is, we said make them aware of it, urge them that in their preparation of the master plan, that they would include an appendix. Of those areas which are in the current Highlands area by action of the legislature and raise issue as to whether in fact it is appropriate for these specific developed sites to be included in there setting the stage for possibly the State being willing to redesign the map to accommodate these particular locations. In addition, at the same time, we raised the larger issue of Flanders, i.e., Toys R Us and the large Toys R Us site as you know is in the Highlands, which is a million plus square feet, adjacent to it the large development by the Benjamin Moore Paint Company is in the Highlands etc. and we indicated again that we would present mapping to them to show that, in fact, if the Highlands had chose to follow the Railroad if you look at the Highlands map in Flanders area, follows a Railroad and then jumps to 206. If they continued to follow the Railroad which is the logical way to go, you wouldn’t have several very large industrial pieces of property trapped in the Highlands. So what we tried to do is set the stage to see if we could get some indication as the whether they would be willing to indicate a list of possible sites and I can say they were less then enthused in opening that door; however their staff wants to meet with us to see if they can make special accommodations within their master plan for existing developed sites. So we deliberately raised the issue as an opening discussion, which I think the Township is going to have to have with them, not them, with the legislature over the next year in order to clarify some of the large existing properties which could be severely impacted. We already know, as some of you know very well, that one of the properties in Flanders wanted to do some expansions, already have been precluded from doing it, because they are in the Highlands and that stopped them, Target, not Target Retail, Target Industries. They had to withdraw their application etc. so we are just trying to set the stage for the Township for hopefully some favorable assistance with the Highlands Commission on the possible re designation on certain sites.

Mrs. Labow: How far north on 206 were you asking them to reconsider?

Mr. Casey: I was looking at staying…well, we will be basically saying listen follow the Railroad track at least as a minimum. That would not help Target. We would prefer, actually from that whole industrial park area to follow whatever that road is to go in front of Shoprite, I forget the name, over to the river.

Mrs. Labow: Bartley.

Mr. Casey: Yes, Follow Bartley over to the river and follow the river line, which is really if you look at a topo map, that’s really where the area is, where you have the foot of the hill the toll of the hill there. We will do further discussion with them, but at the minimum we need them to logically, to at least follow the Railroad tracks, and by the way if they follow the Railroad tracks, up at the BASF site we wouldn’t have the problem either. They jumped off that and drew a line…

Mr. Rattner: Arbitrary

Mr. Casey: I didn’t say, arbitrary and capricious.

Mr. Rattner: I did, I didn’t say capricious, just arbitrary.

Mr. Casey: I would say that in terms of land use, while you would have a very difficult time defending that map, under normal planning requirements, because it does look a little like spots…but that is beside the point.

Mr. Rattner: I hear your’s and the Mayor’s presentation went very well, because I got my staff report from the County and that was the prominent thing that they said was discussed at the meeting.

Mr. Casey: Yes, unfortunately…

Mr. Rattner: You didn’t get anywhere, but at least you got it down and that it is being presented.

Mr. Casey: Yes, we centerstaged. Unfortunately, if I had known that they had, right after I made the presentation, they put an overhead up to show the County line. If I had known that, because the overhead, when you put the overhead up, a blow up aerial photograph of this area, it jumps off the page. There is a large BASF building laid right out there, and the line very carefully goes around it. It comes down here and goes zip, zip, and the reason it does that is because I don’t think the aerial photograph picked up the other two buildings. If the aerial photograph had picked up the other two buildings…if the other two buildings sited is cleared as much up, or maybe the other two buildings are new or something, they would have said whoops, there is 300,000 square feet that we don’t intend to have in there. So, anyway, the whole goal was simply to set the stage for the Township to go forward for further discussion, that I think you are going to be having over the next three or four months with them to see if you can get some…definition.

Mr. Rattner: You achieved your goals then.

Mr. Casey: Yes, we achieved our goal and got their attention that is all we wanted.

Mayor De La Roche: We also, I still have comments, the other that we had. We met with the representatives, the Mayor and the Business Administrator from Netcong, in an attempt to get their support regarding changing the designation of the BASF area from a 5 to a 2 and/or some other neighborhood type of situation. They have a number of different names for the same thing at the State level, so we are trying to get their support, and that is being considered now. I think that went well also, where Netcong felt that it was a good idea, but obviously they have to look at it from their point of view.
They are not looking for competition from Mount Olive, but they are looking to see if we can work together to achieve the goals of both towns. So that went well also I think, thank you.

Mr. Rattner: Thank you Mayor, Mr. Buell.

Mr. Buell: Yes, I just wanted to say, with what the Mayor had to say about my comments, I will interview, and I will critically exercise my right to consent on any nomination that you make to any of your Boards.

Mr. Rattner: Thank you Mr. Buell.

Mr. Buell: I also would just like to say, very quickly I would like to thank everybody who assisted in the plans for the High School parking and the traffic in accordance with the Police Department, the Administration, Council members, actually the residents and other members of Council.

Mr. Rattner: Thank you, Mrs. Labow.

Mrs. Labow: No, comment.

Mr. Rattner: Mr. Mund.

Mr. Mund: No comment.

Mr. Rattner: Mr. Guenther.

Mr. Guenther: I will make up for the other two.

Mr. Rattner: That’s good. Do you have to fill the space? Two meetings and it is still only 20 after ten.

Mr. Guenther: I just wanted to acknowledge George Petino. He has been active in town for a long time. Has been a member of the Planning Board, and I think his comments are… well, you know somewhat well taken. I just wanted to mention to him, I guess it was about a month ago or 6 weeks ago, precisely that discussion of benevolent or you could possibly call it malevolent neglect, came up and I made the statement and I think Mr. Rattner supported me and essentially we all have to share the blame. I am saying we all who are on the Council through the whole process, after the old Municipal Building was
abandoned for the new one, and whatever Administration was involved. They number one did not appropriate funds to maintain the building; there was never any move on the Administration to do it.
Mr. Guenther: (Cont’d): There was never any move in my recollection for any Council person to move for that to include in the Budget, so your comments are right on, and I think we are aware of that and it’s unfortunately now kind of water over the dam kind of thing and you’re right, you are essentially right but it also got to be…later on when we started having budgetary difficulties obviously it also got to be more of a money issue. Number 2, I would like to put on the Agenda and I know our President is absent and probably should have been here when I made this. Since I am going to be gone for two weeks, I wanted to get it on some kind of Agenda for a Workshop. I think it is time for us to reconsider the blocking off of Goldmine Road behind…essentially Goldmine Road to lead to, to provide a further egress for the people from Country Oaks. I believe it is a shame the Chief isn’t here, but we are getting no where with the State as far as some kind of I believe…was there a meeting this morning with them? Did that discussion come up regarding Connolly Avenue regarding the traffic light Mayor?

Mayor De La Roche: Yes.

Mr. Guenther: Could you give me some feed back as to just what happened there?

Mayor De La Roche: Well, regarding the traffic light in particular, they are not recommending a traffic light.

Mr. Guenther: Yeah, that is what I thought, but wasn’t there supposed to be a new traffic study done because we complained about the fact the one we did 2 years ago or 3 years ago, hadn’t been done at a time when the Country Oaks Development was finished.

Mayor De La Roche: What they are recommending is no traffic light, but they are recommending that the Trade Zone Road be opened up to provide access to Connelly Avenue going into the Trade Zone. Those are the two recommendations… I have a report; I mean the one that they gave us as a handout when they left.

Mr. Guenther: Well, maybe then that dovetails with what I am saying. The only way I see it opening up, is to open Goldmine Road again. I would like to put that on a Workshop for discussion some time whenever it can be scheduled. I think we have to have an airing of that. I think a lot of the residents especially the new ones that are moving into Country Oaks are very concerned, when ever I drive by there, it is just horrendous with people trying to get out. It is not a safe situation. Lastly I would like to
suggest I know Mr. Mund heads the legislative committee. We really haven’t had much to do there. Since it is an election year, I think it is a good time for us at least to issue a letter to our Representatives regarding, especially the traffic situation along Route 206 and this has been mentioned to them before, especially the turn at Main Road, 206 and Flanders-Netcong. It’s just that, the State did a very terrible job with that. Number 2 the speed limit running past the two shopping centers in Flanders has no business being 45 miles an hour. The turnoff onto Deerfield Place and the different retail establishments there create a very dangerous situation. Those are just 3 that come off the top of my head, but I think
there might be other issues. We should at least; I want to suggest getting together with Mr. Mund and maybe compose a letter to Guy Gregg and Allison McHose and Senator Littell to see, to at least put it in front of them, that this is something that the State should look at.

Mr. Rattner: Thank you, Mr. Guenther. The only comment that I have is with everything that has been going on with discussion with the Library, in the last couple weeks I have had to be up there to gather a certain amount of information. With everything that is going on, I just have to comment about how professional, how cheerful, how helpful the staff has been. Sometimes when the manager or supervisors, directors or something end up having disputes you’re forgetting about people having to come in to do their job everyday. That is true in Town Hall, that is true in the Library. What I will tell you, I couldn’t have been treated any better, even with some of the things that I have probably said in the past. They really handled themselves in a professional, cheerful way. I think they are happy to be working there and they are satisfied with their jobs. I just thought that should be commented, instead of everything you
hear, about the negative part so if that can get back, I think anybody else who has used the Library has found the same thing. I don’t think they treated me any differently. Sometimes reassurance to them to know, regardless of disputes we may have with operations or the Administration has nothing to do with what we think of the employees, Thank you. Move for Adjournment.



Motion to adjourn made and seconded, all if favor, none opposed, the meeting was adjourned at 10:25 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 September 13, 2005.

Lisa M. Lashway, Township Clerk












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