Mt. Olive Township Council Minutes
June 15, 2004

The Regular Public Meeting of the Mount Olive Township Council was called to Order at 7:30 pm by Council President Rattner with the Pledge of Allegiance.

MOMENT OF REFLECTION for our Soldiers serving overseas.


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, Ms. Labow, Mr. Elms, Mr. Guenther, Mr. Perkins,
Mr. Greenbaum, Mr. Rattner.
Absent: None

President Rattner: The Clerk has advised me that Ms. Labow has called from the road, she’s running a little bit late and should be here momentarily.

ALSO PRESENT: Mayor De La Roche; William Ruggierio, Business Administrator; John Dorsey, Township Attorney; Lisa Lashway, Township Clerk; and the Chief of the Budd Lake Fire Department, Robert Sheard.

President Rattner: The first thing we have on the agenda is we are going to have a resolution honoring a member of the Fire Department and he will be coming in shortly.


President Rattner: Well, Clarence, I guess you know why you’re here. Congratulations. The first thing we do want to do is read a resolution to honor you tonight, Mr. Guenther… and Clarence, why don’t you go up to the podium with Mr. Guenther.

Mr. Guenther: It is an honor:

Resolution of the Township Council of the Township of Mount Olive Recognizing and Honoring Clarence Brickman for His Fifty Years of Dedicated Service to Mount Olive Township as a Member of the Budd Lake Fire Department. Whereas, Clarence H. Brickman is a lifelong resident of New Jersey, living in Budd Lake since 1958 and, Whereas, he and his wife, Maureen, were married in 1970 and have three children: Steven, Kathleen and Karen and, Whereas, he was employed by the Morris County Road Department for forty years until he retired in 1994 and, Whereas, he has served his country as a proud member of the National Guard and, Whereas Clarence Brickman joined the Budd Lake Fire Department in June of 1954 and has served as a member for the last fifty years, holding a rank of Captain, Engineer and Corresponding Secretary and, Whereas, during his fifty years of service, he has responded to uncounted emergencies, placing his life in harm’s way to protect the citizens of Mount Olive. Now therefore be it resolved by the Township Council of the Township of Mount Olive that the Mount Olive Township Council hereby recognizes, on behalf of the Township of Mount Olive, thanks Clarence Brickman for his courageous and selfless service to Mount Olive Township for his past fifty years as a member of the Budd Lake Fire Department and upstanding resident of Mount Olive. This is certified and signed by Steven Rattner, Mount Olive Council President and certified by Lisa Lashway, Municipal Clerk. Clapping…

President Rattner: Clarence, don’t go away because it hasn’t been approved yet, we still have to get a second. It was seconded; any discussion? Okay, Roll Call.

ROLL CALL Passed Unanimously


Mayor De La Roche: It is a pleasure for me to be able to, you know, to come before you and to stand near you and to thank you for your many years of dedicated service to the people of Mount Olive and your selfless dedication to the people of Mount Olive, and we have an award here from the Mayor’s office. Community Service Award, awarded on June, 2004 to Clarence H. Brickman in recognition of fifty years of courageous dedication to Mount Olive Township and to the Budd Lake Volunteer Fire Department, signed by Richard De La Roche, Mayor of Mount Olive. Thank you very much for your service. Clapping…

President Rattner: Mr. Greenbaum has something from the State Senate.

Mr. Greenbaum: This is from Robert E. Littell, State Senator for this District. Dear Mr. Brickman: I was pleased to learn that you are being honored by the Township of Mount Olive for fifty years of active service to the Budd Lake Fire Department. I regret that I will be unable to personally extend my congratulations; however, enclosed is a Senate Citation in recognition of fifty years of volunteer service to your community. As an exempt member of the Franklin Fire Department, I am well aware of the many sacrifices made by our volunteers. Please accept my heartfelt thanks for your dedication and commitment to your community, with best wishes. Sincerely, Robert E. Littell, Senator. And the Citation reads:

Senate Citation: Commendations and praise are extended to Clarence Brickman by the citizenry of the 24th New Jersey Legislative District, through their elected representative, for five decades of distinguished commitment as a protector of lives and property with the Budd Lake Fire Department and for his inspiring dedication that will serve to inspire and encourage others to serve their communities. On this date, June 15th, 2004, Senator Robert E. Littell, congratulations. Clapping….

President Rattner: Congratulations, Clarence, I mean, I’ve been a big supporter, go to a lot of the calls, so is everybody else on the dais, that we are of the time and effort and dedication that all our volunteer services put out day-in, day-out, middle of the night, snow storms, rain, middle of dinner, birthday parties. But when somebody is doing it for fifty years and still making the calls, that whether you had an illness and then came back and you went right back to it again, it is something that we feel, the citizens of Mount Olive feel, should be recognized. With that, we would like to give you this watch that was purchased by the citizens of Mount Olive Township, so on their behalf, congratulations and thank you very much.

Mr. Brickman: Thank you. I just want to say thank you to everybody, you know, it’s really nice, thank you.

President Rattner: Okay, what I’m going to do, so…the Fire Department provided some refreshments, so we’re going to adjourn for about five minutes, so we can go in and also share it with you. A motion was made and seconded to adjourn for five minutes.

Public Portion

President Rattner: Okay, it is 7:55 pm, we have come back from our recess. Next item on the agenda is our optional public portion. At this point, anybody…if you have something that’s on the agenda that you would like to speak to and you can’t wait until the end of the meeting, we put you on at the beginning of the meeting. There will be another session, when we do the resolutions and every individual ordinance for public hearing and a final one at the end. If there is anybody who would like to address the Council at this time? Seeing none, I’ll close the public….. Oh sorry, Rita.

Rita Hilbert, Director of the Library: Can I address the Council on something that isn’t on this agenda but is since been….not about the Library. I’m sure that you all have seen that Tom Vickery, the Mayor of Roxbury, passed away on Friday and there will be a Memorial Service for him on Thursday evening. I just wanted to let you all know that Tom’s wife, Ethel works for our Library. That was all I wanted to let you know.

Questions on Bill List

President Rattner: Thank you very much. Okay, anybody else from the public? I’ll close the public portion. Now we come to the questions on the bill list so we can give the Administration some time to research it before the end of the meeting when we vote on it. Does anybody have any questions on the bill list? Mr. Buell, nothing this week?

Mr. Buell: No, nothing this week.

President Rattner: Okay, I have a couple questions. One is on it looks like an accident where a pole was knocked down by Sam’s at International Drive and we got the bill; was that something we did, or is this something that should have gone to the person who knocked it down – his insurance company? Because I don’t remember seeing this before, this was Wally Spergle, Inc. That was one, and then I noticed that, I don’t know if this is the same purchase power…purchase order we discussed a few weeks ago, but in the package, it is written on the top, this account is under review, past due amount, pay now to keep up postage going. Is this another one up and above what we paid a couple of weeks ago that we discussed or is it just coming in our package now? Well, if you could have that answer when we do that. I was just surprised to see it again, I know what we agreed to do the last time. And then I have from First…no I’m doing it by the purchase orders. We have…they have…oh here we go, Tri-State Diesel, check number 6787, that will make it easier. Fuel injection pump and President Rattner (cont’d): rebuilt injectors, I guess it’s for one of our diesel trucks. And I guess the question comes up…that seems like a routine repair, if a fuel injection pump goes, why that wouldn’t be covered under our normal maintenance contract with First…with the company that…First Vehicle Services. I know we have…there are certain things that excluded, but that just seems like it’s part of the basic engine. That’s all I have.

President Rattner: Okay, next on the agenda, we have approval of the minutes from our Executive Session on June 1st. Oh, sorry, we have an addition on our agenda that was put on request by a couple of Councilmen. This is a discussion on a payment of the Kyle Conti / Turkey Brook, the remaining part of the contract.

Mr. Dorsey: You can handle that in the Executive Session.

President Rattner: Does it have to be Executive Session?

Mr. Dorsey: I think it would be because the Conti is part of the litigation with the Township.

President Rattner: Mr. Guenther, you’re one of the people who asked that….

Mr. Guenther: I wanted it on because there was an issue, and it has been brought up to me by several residents who have asked well, has Kyle Conti completed what he was supposed to have done last fall and there were several check lists that we had with him as to the things he was supposed to correct in the spring.

Mr. Dorsey: No, that’s a different issue.

President Rattner: Well, that’s really what I meant to do, I don’t think it has anything to do with the litigation, correct me if I’m wrong.

Mr. Dorsey: It doesn’t have anything to do with payment either.

President Rattner: Okay, continue, Mr. Guenther, it’s fine, it’s not…

Mr. Guenther: Well, we are holding the payment for him, aren’t we?

Mr. Dorsey: At this point, we are.

Mr. Guenther: I would just like an update and I guess that’s why I requested that Gene Buczynski be here, because I’m a little bit confused as to where we stand.

Mr. Buczynski: Good evening. The only thing is that once we start this discussion, it’s going to lead into discussions on the payment, so that’s where I kind of go back to John Dorsey, is do we want to wait for Executive Session or…as far as improvements go, there is a hump that has to be taken care of in the football field, which was repaired. There’s goal posts that had problems, they were repaired. There really are no issues that I know remaining from those punch lists and several letters I had from last year, dated November 14th and September 29th, other than some swales along the edge of the football field, and the center field of the baseball field, which is the bulk of my letter of May 10th that leads into discussions as far as my discussions with Kyle regarding final payment. And that’s where I’m not sure if I can discuss that now or should I wait for closed session? You tell me.

President Rattner: Bernie, you weren’t looking at the front page…you were just looking saying that you were under the assumption that there was certain remediation and people aren’t happy that it hasn’t been done…

Mr. Guenther: Exactly.

President Rattner: And if they’re not going to do it to our satisfaction, this is the way I understood it, that we would have our own people do it and deduct that amount payment…whatever the value of the work is.

Mr. Buczynski: That’s what I had in my letter, right. I’m not aware of any other items that there are concerns that people have, nobody has told me about them. I spoke to Jim Lynch today, if he had any other concerns and he had no other concerns with the park, so I’m not sure what items people have concerns with.

Mr. Greenbaum: Gene, I’m aware of drainage issues on some of the soccer fields, are you familiar with that and do you know what’s being done?

Mr. Buczynski: Right, I believe the drainage…that’s the ditches we’re talking about…along the sidelines of the fields, and that’s….oh, soccer field, I’m sorry. No, I’m not aware of any problems at the soccer fields. Who would I speak to as far as…if somebody could call me, let me know what they are, because Jim is not aware of them.

Mr. Greenbaum: Okay, I will make that contact and… Well, I think that’s an item that was around when we walked the site last fall, that was a major item and I think that is something we can’t talk about, because it involves the litigation.

Mr. Buczynski: The major I knew is there is the football field and the swales along the football field. And…

Mr. Greenbaum: Well, it was…the major issue on the soccer field because of something that he did not do properly.

Mr. Buczynski: I would be happy to go up one night with whoever is there and look at that particular problem so that we can get it addressed, as long as Bob gets….Rob gets a contact, have him call me and we can look at it.

President Rattner: Well, I think it was an issue, whether it was a design issue or it was a Conti issue.

Mr. Buczynski: Well, it might not be a contractual issue for final payment, that’s the whole thing.

Mr. Greenbaum: It may not be, but what I suggest we do, similar to the way we’ve done it in the past, is have a sub-committee go up there, meet with someone from each of the….someone from the soccer club, someone from the football club, someone from the baseball club to discuss, you know, whether it’s fifteen minutes a piece, to discuss…they’re the ones who are on the fields all of the time, to discuss what issues relate to the fields, so that we can make a determination as to whether or not it’s an issue that Kyle Conti has to deal with, or it’s just an issue that has to be dealt with generally.

Mr. Buczynski: Whoever wants to set it up, I’m available.

Mr. Greenbaum: Okay, I’ll…Lisa, can we set something like that up, too? Steve, do you want to appoint a sub-committee? I’d like to do it myself.

President Rattner: Who did it the last time?

Mr. Guenther: I’d like to be part of it.

Mr. Greenbaum: I think Bernie was there, Dave Scapicchio was there last time……

President Rattner: Is there another Council Member that would like to be involved? Colleen, Colleen is your third. Anything else on this right now?

Mr. Elms: Steve, before Gene leaves, I don’t know whether he’s…he’s not leaving? Okay.

President Rattner: Well, if you have a question while he’s up there, you might as well ask.

Mr. Elms: Well, it was something, I guess I was going to bring up under old business…what’s happening with paving at Jennies Lane.

Mr. Buczynski: Jennies Lane, I sent a letter to the contractor actually today, because I spoke to…not the contractor, the developer….I spoke to the contractor yesterday because supposedly, they were going to get the contract finalized so he could proceed with the paving. Owl said they do not have a signed contract, so I advised the developer, Mr. Rocco, that if it’s not paved by the 30th, I recommended that the Council have Dorsey go against the bond for the final paving. At least to move that, so then maybe we can get this guy to pave it, because unfortunately, you go after the bond, it takes a long period of time, maybe he needs that push so he goes and gets it paved, but that’s what’s happened. I have one item for information for Council. As you know, every year we do the Local Aid DOT grant applications and we are in the process of doing them. I just wanted to let the Council know what you will be getting in July, and if there are any questions, let me know. We’re going to submit two pedestrian sidewalk applications; one is the continuation of the sidewalk on Route 46 all the way out to Elizabeth Lane, which we have…originally wanted and we split that in half last year. That’s one application, we are also going to do sidewalks along the High School, which we submitted last year and they didn’t give us money, so we are going to do that again, along Flanders-Netcong Road, going up Corey Mr. Buczynski (cont’d): Road and for road projects, we are going to submit the next section of Pleasant Hill Road, up to Flanders Road…not Flanders Road, what is it Bartley…

Mr. Dorsey: Bartley-Flanders, the corner of Bartley-Flanders – Ironia Road – that intersection there, yes okay.

Mr. Buczynski: Yes, by Ironia Road. And we are also going to submit the widening of Naughright Road on the westbound lane from Johnson Dodge down to Drakestown Road, that’s where Johnson Dodge is open to forty feet then it goes down to thirty, so they’re going to widen that ten feet on that side. That was looked at from recommendations from Scott VanNess, so we’re going to submit that as an application also.

Mr. Guenther: I just noticed that this weekend, I was trying to take…somebody was taking a left turn into the mall and I can’t…you can’t pass them on the right, it was stopping up traffic.

Mr. Buczynski: Yes, so we’re going to get two lanes going in that direction all the way out to Drakestown Road. So, that’s what we’re going to submit, that’s…processes, as you know, I’ll do the applications in the next few weeks and then we’ll submit for resolutions for submission to the DOT. They’re due by the end of July, so we should get them to them to them early July.

Ms. Labow: When we spoke the other day about the Jennies Lane, you said that our contracts would be ready to go two weeks after they get….

Mr. Buczynski: That’s what they told me about two weeks ago, when I spoke to them, they said if they ever get a signed contract, they will be ready to do it within two weeks. Now, he was out there, supposedly he was out on the site yesterday doing some masonry work, other work that needs to get prepared before the paving, but the actual paving contract was not issued to Owl, so I sent a certified letter, it went out today, so if he gets that, maybe he’ll realize and, you know, we’ll need to get it done. I told him that last week, that that’s the next step, so he’d do it right away, but he didn’t.

Ms. Labow: Okay, thank you.

Mr. Elms: What’s the story on Mine Hill Road, are we going to do that too?

Mr. Buczynski: No, that’s, as you know, is half…

Mr. Elms: It’s a joint road.

Mr. Buczynski: It’s a joint road, all I can tell you, I know, it was put in the budget in Washington Township last year and they did not consider it as a project. I talked to Ralph DeFranzo today and I think, Bill, also we talked about the Administrations in both towns need to talk about trying to get it done.

Mr. Elms: Yes, it needs to get done, it’s a mess.


June 1, 2004 CS Present: President Rattner, Mr. Greenbaum, Mr. Buell, Mrs. Labow, Mr. Elms, Mr. Guenther, Mr. Perkins
Absent: None

President Rattner: Anybody else? Thank you. Okay, now we will go to the approval of minutes from the previous meeting, which happens to be an Executive Session from June 1st, Mr. Buell.

Mr. Buell: I move the approval of the minutes for the June 1st, 2004 Council session.

Mr. Elms: Second.

President Rattner: Any discussion? Roll Call.

ROLL CALL Passed Unanimously



1. E-mail received May 25, 2004, from Greg Beck regardingJack Kroft Babe Ruth League.

2. Letter received June 7, 2004, from Lawrence Fox regarding Proposed Zone Change Block 5300, Lot 22 (254 Route 206 / Flanders) regarding owner - objection in the change of the Proposed Zoning Change.

3. E-mail received June 9, 2004, from Joseph Licata, Flanders regarding the “Target” store.

4. E-mail received June 9, 2004, from Nancy Markey, Flanders regarding the “Target” store.

5. Letter received June 9, 2004, from Kathy Cullinan, Budd Lake regarding Turkey Brook Park Access.


6. Resolution received June 1, 2004, from the Morris County Board of Chosen Freeholders regarding County Superintendent of Schools.

7. Notice received June 1, 2004, from Town of Hackettstown regarding Zoning Board of Adjustment Public Notice.

8. Resolution received June 7, 2004, from the Morris County Planning Board regarding Land Use.

9. Resolution received June 7, 2004, from the Town of South Brunswick regarding implementation of State Sponsored Financial Aid Programs for Military Reservists and National Guard Members deployed in the global war on terror.

10. Resolution received June 9, 2004, from Township of Roxbury regarding support of Assembly Bill 2596 Liquor License / Alcoholic Beverage Control.


11. Letter received June 9, 2004, from Morris County Municipal Utilities Authority regarding nominations for awards to be presented at “The Sounds of Recycling”, the 17th annual Morris County Recycling Awards Dinner to be held on Friday, November 5, 2004, at the Hanover Marriot.

12. Minutes received June 7, 2004, from the Musconetcong Sewerage Authority regarding the May 12, 2004 meeting.


13. Newsletter received May 27, 2004, from Council on Affordable Housing regarding 2004 Regional Income Limits, COAH Approves RCA’s, and COAH Announces Substantive Certifications.

14. Letter received June 11, 2004, from Council on Affordable Housing regarding 2004 income limits chart.


15. Notice of Motion for Leave to File a Late Notice of Claim received May 27, 2007, from Gold, Albanese, Barletti & Velazquez regarding Harold “Howie” Weiss vs. Steve Masotti, et als.

16. Letter received June 4, 2004, from Salny, Redbord and Rinaldi regarding Block 3504, Lot 2 (45 Outlook Avenue / Owner: Mount Olive Township)


17. E-mail received May 21, 2004, from the New Jersey State League of Municipalities regarding Hometown Security Aid.

18. E-mail received May 25, 2004, from New Jersey State League of Municipalities regarding Urgent Action Needed for A207/S-1558 (civil rights)

19. E-mail received May 25, 2004, from New Jersey State League of Municipalities regarding Update on S-1/A-2635, “The Highlands Water Protection and Planning Act”

20. Letter received May 28, 2004, from New Jersey State League of Municipalities regarding Seminar on Transfer of Development Rights.

21. Letter received June 1, 2004, from the New Jersey State League of Municipalities regarding Mission and Accomplishments Seminar.

22. Letter received June 1, 2004, from New Jersey State League of Municipalities regarding Conference Hotel Reservation for the 89th Annual Conference.

23. E-mail received June 2, 2004, from New Jersey State League of Municipalities regarding S-520 (Cancer Presumption)

24. Letter received June 4, 2004, from New Jersey State League of Municipalities regarding League Electronic Library of Ordinances.

25. Fax received June 8, 2004, from New Jersey State League of Municipalities regarding Update on S-1/A – 2635 “The Highlands Water Protection Act”.


26. Letter received June 7, 2004, from the Division of Alcoholic Beverage Control regarding request for special ruling to permit renewal of inactive license pursuant to NJSA 33:1-12.39 2004-2005 License Term. License No. 1427-33-005-08 Held By: Burger and Brew.


27. E-mail received June 4, 2004, from Morris County Chamber of Commerce regarding Breakfast Networking Event and Leadership Morris Alumni Reunion.

28. E-mail received June 7, 2004, from Morris County Chamber of Commerce regarding the Young Professionals Happy Hour Networking Event.


29. Letter received June 1, 2004, from New Jersey Central Power and Light regarding an application to the New Jersey department of Environmental Protection, Land Use Regulation Program, for Statewide Wetlands General Permit for vegetative maintenance activities.

30. Letter received June 1, 2004, from the State of New Jersey, Department of Environmental Protection regarding Letter of Interpretation – Line Verification Applicant: Tariq Mahmood Block 5300, Lot 16 (226 Route 206)

31. Letter received June 7, 2004, from the State of New Jersey, Department of Environmental Protection regarding Robert Tonczos / Notice of Violation – Freshwater Wetlands Protection Act (Block 8100, Lot 7 – 369 River Road).

32. Letter received June 11, 2004, from the State of New Jersey Department of Environmental Protection regarding Stream Encroachment Jurisdictional Determination Flood Hazard Area Control Act.


33. Fax received May 26, 2004, from Comcast regarding G4Tech TV.

34. Request for Freshwater Wetlands Statewide General Permit #1 received May 17, 2004, from PSE&G regarding electric overhead transmission rights-of-way maintenance.

35. Letter received June 1, 2004, from Jersey Central Power and Light regarding Statewide Wetlands GP #1 Application 2004 Vegetative Maintenance Schedule – Various Lots and Blocks – Various Townships and Counties.

36. Fax received June 8, 2004, from Comcast regarding programming and channel changes.


37. Letter received June 4, 2004, from the State of New Jersey, Department of Health and Senior Services regarding Title 29 of the Code of Federal Regulations (CFR) – amendments – PEOSHA HCS.


38. E-mail received June 10, 2004, from Congressman Frelinghuysen regarding information on a FREE Hepatitis C Screening.


President Rattner: Okay, next we have 38 items of Correspondence, does anybody have any questions or comments they want to make on any of the correspondence? Seeing none, we’ll move right along to Ordinances for public hearing. At this time, I’ll open the hearing to the public on Ordinance #14-2004, entitled:

Ord.#14-2004 Bond Ordinance Providing for Improvements to Sunset Drive in and by the Township of Mount Olive, in the County of Morris, New Jersey, Appropriating $190,000 Therefore and Authorizing the Issuance of $47,500 Bonds or Notes of the Township to Finance Part of the Cost Thereof.

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

Ms. Labow: I move for adoption and final passage of Ordinance #14-2004.

Mr. Guenther: Second.

President Rattner: We have a motion and second, any discussion? Roll Call.

ROLL CALL Passed Unanimously

President Rattner: Ordinance #14-2004 is passed on second reading and I hereby direct the Clerk to send a copy of the same to the Mayor and publish a notice of adoption as required by law.


President Rattner: Now we will come to Ordinances for first reading and the public hearing for these Ordinances will be on July 13th. So, next item on the agenda for first reading is Ordinance #16-2004, entitled:

Ord. #16-2004 An Ordinance of the Township of Mount Olive to Amend and Supplement Section 185-39 Entitled Exterior Maintenance (5) Sidewalks of the Mount Olive Township Code.

Mr. Elms: I move that Ordinance #16-2004 be introduced by title, passed on first reading and that a meeting
be held on July 13th, 2004 at 7:30 pm at the Municipal Building, 204 Flanders-Drakestown, Mount Olive, New Jersey for a public hearing, consideration of second reading and passage of said Ordinance and that the Clerk be
directed to public, post and make available said Ordinance in accordance with the requirements of law.

Ms. Labow: Second.

President Rattner: Thank you. Any discussion? Mr. Perkins.

Mr. Perkins: Yes, thank you Mr. President. On this proposed Ordinance, will the effective property owners
somehow be notified, that have sidewalks in front of their homes, that it is their responsibility?

Mr. Dorsey: That’s already part of the existing Ordinance. If I recall correctly, this was a one or two word
change. Is that not right? The term “curb” was left out one place where it should say, if I recall correctly,
sidewalk and curb.

Mr. Perkins: Alright, so any place we put down new sidewalk, are we going to be notifying the residents that
they are responsible?

Mr. Dorsey: If that’s in the existing curb, the answer is yes, this Ordinance does not add any new notice
provisions or take away any existing notice provisions.

Mr. Perkins: Right, I didn’t see any notice provisions, Mr. Dorsey, so….

Mr. Elms: It…as I read the Ordinance, it put forth a lot of things about cracks and heaving and whatever to
make the sidewalk smooth, but I didn’t see anything about snow removal.

Ms. Lashway: That’s part of the existing Ordinance, that wasn’t changed.

Mr. Elms: Okay.

Mr. Dorsey: This Ordinance adds only one word, the word “curb” was left out in one portion where it said
sidewalk and curb….it didn’t say curb, so curb was added. Everything else stays the same.

President Rattner: Okay, I think Mr. Perkins has a good point. We are in the process of putting sidewalks in
places that haven’t been before. If we put…we’re going to be putting sidewalks on Sunset, which is going to be
in front of people’s property, if it is going to be their responsibility, obviously, when it’s new, it’s going to be
primarily the snow, they should be told exactly what it is, so they don’t get a warning sometime in the winter.

Mr. Dorsey: Do you understand that this Ordinance doesn’t change….

President Rattner: I know that, no. It was the point that he brought up about do we….he just asked the
question, do we? And I think that is something that we should do. It just makes sense from a practical matter
how do we expect them to know that they have a new responsibility? Some people would shovel it anyway and
some people may not.

Mr. Elms: Eighth line from the bottom on the first page, it says her or her post office, it should…it’s probably
just a typo, it should be his or her…

Mr. Dorsey: Mine says his or her post office.

Mr. Elms: Not on the eighth line, on the sixth line you have his or her…

Mr. Dorsey: Oh, I see, okay. Well, we can change that, that’s not a problem.

Ms. Labow: When you say we should notify, who you talking about “we?”

President Rattner: That’s the Administration. I mean, the Council, you know…they do…mostly put it in. I
mean, we have to tell the people they’re going to be digging up their front yard. You know, it just makes sense
at the same time.

Ms. Labow: Okay, I just wanted to make sure who the “we” was.

President Rattner: Any other comments? Roll Call.

ROLL CALL Passed Unanimously

President Rattner: Next on the agenda is Ordinance for first reading #17-2004, entitled:

Ord. #17-2004 An Ordinance to Amend and Supplement Chapter 106, Entitled “Dogs and Other Animals” Sections 106-12B, 106-5A, 106-5B and 106-11.6A1 (a) of the Mount Olive Township Code. (Increase Animal Control Fees)

President Rattner: This basically just increases the fees for certain licenses and other fees.

Mr. Dorsey: No, this is the fees for pickup of any dog or cat, maintenance fee and euthanasia; increasing
roughly $10.

Mr. Guenther: I move that Ordinance #17-2004 be introduced by title and passed on first reading and that a
meeting be held on July 13, 2004 at 7:30 pm at the Municipal Building, 204 Flanders-Drakestown Road, Mount
Olive for public hearing, consideration of second reading and passage of said Ordinance and the Clerk be
directed to public, post and make available said Ordinance in accordance with the requirements of the law.

Mr. Perkins: Second.

President Rattner: Any discussion? Roll Call.

ROLL CALL Passed Unanimously

President Rattner: Okay, the next item on the agenda for first reading is Ordinance #18-2004, entitled:

Ord. #18-2004 An Ordinance of the Township of Mount Olive Authorizing the Sale of Certain Land Known and Designated as Lot 2, Block 3504 Located on Outlook Avenue Which is No Longer Needed for Public Use By the Township.

Mr. Perkins: Thank you, Mr. President. I move that Ordinance #18-2004 be introduced by title and passed on
first reading and that a meeting be held on July 13, 2004 at 7:30 pm at the Municipal Building, 204 Flanders-
Drakestown Road, Mount Olive, New Jersey for public hearing, consideration of second reading and passage of
said Ordinance and the Clerk be directed to public, post and make available said Ordinance in accordance with
the requirements of the law.

Mr. Greenbaum: Second.

President Rattner: Any discussion? Roll Call.

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


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.


2. Resolution of the Township Council of the Township of Mount Olive Amending the Temporary Capital Budget (Sunset Dr. Sidewalks).

3. Resolution of the Township of Mount Olive – Preservation of Morris Canal Greenway.

4. Resolution of the Township of Mount Olive Authorizing the Cancellation of a General Capital Ordinance Balance and Corresponding Grant Receivable.

5. Resolution of the Township Council of the Township of Mount Olive Authorizing the Renewal of Alcoholic Beverage Licenses for the 2004-2005 Licensing Terms. Amended – Removed 96 Sandshore Road (Reza Hashemi – No Tax Clearance Received)

6. Resolution of the Township Council of the Township of Mount Olive Authorizing Addendum No. 1 to the Developer’s Agreement (Final Approval) Between Lakeview Estates and the Township of Mount Olive.

7. Resolution of the Township Council of the Township of Mount Olive Authorizing the Execution of a Developer’s Agreement (Final Major Subdivision) Between the Township and Woodfield at Mount Olive in Connection with Section III-A.

8. Resolution of the Township Council of the Township of Mount Olive Authorizing the Execution of a Developer’s Agreement (Final Major Subdivision) Between the Township and Woodfield at Mount Olive in Connection with Section III-B.

9. Resolution of the Township Council of the Township of Mount Olive Authorizing the Execution of a Developer’s Agreement (Final Major Subdivision) Between the Township and Woodfield at Mount Olive in Connection with Section III-C

10. Resolution of the Township Council of the Township of Mount Olive Authorizing the Release of Various Performance Guarantees in Connection with Circle Builders Co., Inc. RE: Lots 28 and 29, Block 2200.

11. Resolution of the Township Council of the Township of Mount Olive Regarding Enactment of Highlands Protection Legislation.

12. Resolution of the Township Council of the Township of Mount Olive Supporting Legislation A-1786 and S-263 to Call a Constitutional Convention for the Purpose of Proposing Property Tax Reform.

13. Resolution of the Township Council of the Township of Mount Olive Approving Professional Service Contract for the Township Auditor for the Year 2004.

14. Resolution of the Township Council of the Township of Mount Olive Requesting the New Jersey Department of Transportation Conduct a Corridor Review of Route 46 from the Intersection with Rout 80 in Mount Olive Township/Netcong to the Municipal Border of Hackettstown in Warren County.

15. Resolution of the Township Council of the Township of Mount Olive accepting a “Click it or Ticket” Grant.

16. Resolution of the Township Council of the Township of Mount Olive Authorizing a Reduction in Performance Guarantees for Woodfield @ Mount Olive, Section IIB.

17. Resolution of the Township Council of the Township of Mount Olive Endorsing the Proposal by Lutheran Social Ministries of New Jersey to Construct with HUD Financing an Additional Fifty Units of Housing for Low-Income Elderly and Handicapped Persons and Families. Removed and replaced by Resolution No. 23 on Non-Consent

18. Resolution of the Township Council of the Township of Mount Olive Authorizing in Lieu of Tax Payments as to Fifty Units of Housing for Low-Income Elderly Persons and/or Families. Removed and replaced by Resolution No. 23 on Non-Consent

19. Resolution of the Township Council of the Township of Mount Olive Authorizing the Sale of Certain Land Known and Designated as Lot 2, Block 3504 Located on Outlook Avenue Which is No Longer Needed for Public Use by the Township. Removed & replaced by Ord. #18-2004

20. Resolution of the Township Council of the Township of Mount Olive Authorizing the Issuance of a Road Opening Permit and Site Access Agreement to NJDEP. (International Drive South)

21. Resolution of the Township Council of the Township of Mount Olive Authorizing the Override of Mayor’s Veto of Ordinance #7-2004 Recreation Utility Fund.

President Rattner: Okay, now we come to our consent agenda, we have 2 to 16 still on the agenda and 20 and
21 are non-consent. Is there anybody who would like any of those put on non-consent?

Mr. Elms: Number 13.

President Rattner: Okay, 13 is put on non-consent.

Ms. Labow: Number 5.

Mr. Buell: Number 11 and number 21.


President Rattner: Okay, anybody else? Okay, so it looks like right now we have 2, 3, 4, 6, 7, 8, 9, 10, then
we have 12, 14, 15, 16, and 20. Okay, I hope everybody could follow that, if you make a mistake, we will be
gentle. Would anybody like to speak to any of the Consent Resolutions – these are the ones we are grouping
together. The ones that you heard to be taken off, will be moved and voted on separately and you will have
your opportunity to speak to it at that time. Seeing none, I will close the public portion and ask Mr. Perkins
to move the Consent Agenda and get the numbers right.

Mr. Perkins: I can move, but I’m not guaranteeing the numbers. Thank you Mr. President. I move for
approval of Consent Resolutions #2, 3, 4, 6, 7, 8, 9, 10, 12, 14, 15, 16 and 20.

Mr. Buell: Second.


President Rattner: Everybody agree? Okay, hopefully since this on Consent, is there any other discussion?
Seeing none, Roll Call.

ROLL CALL Passed Unanimously


5. Resolution of the Township Council of the Township of Mount Olive Authorizing the Renewal of Alcoholic Beverage Licenses for the 2004-2005 Licensing Terms. Amended – Removed 96 Sandshore Road (Reza Hashemi – No Tax Clearance Received)

President Rattner: Okay, let’s see if we get this right. The next resolution is number 5, Ms. Labow, would
you move that?

Mr. Labow: I would like to move Resolution number 5.

Mr. Greenbaum: Second.

President Rattner: Okay, anybody from the public like to address this? This is the renewal of the liquor
licenses. Seeing none, I will close the public portion. Council Comments? Somebody wanted this separate,
yes, Ms. Labow.

Mr. Labow: I wanted it taken off because only I wanted to discuss the property where the license is being
removed from. I don’t know how…the Boat House is where this license is taken from…

Ms. Lashway: This resolution is not renewing. That’s the only liquor license, besides the Burger ‘N Brew
that is not being renewed tonight. That one did not receive tax clearance from the State, so you cannot renew
that one. That will most likely be scheduled for the next meeting. This is to approve all of the other liquor
licenses with the exception of that one and Burger ‘N Brew, which is inactive and needs a special ruling from
the State, which probably won’t come until July.

Ms. Labow: Okay, I’m done.

President Rattner: Any other questions? Roll Call.

ROLL CALL Passed Unanimously

11. Resolution of the Township Council of the Township of Mount Olive Regarding Enactment of Highlands Protection Legislation.

President Rattner: Okay, next we have number 11, Mr. Buell.

Mr. Buell: I move for Resolution number 11.

Ms. Labow: Second.

President Rattner: Anybody from the public like to address the Council on Resolution number 11, the
Highlands Protection Legislation? Seeing none, I’ll close the public portion and ask for Council Comments.

Mr. Buell: I think, at this point in time, since the Highland Act is now passed and ready to be signed by the
Governor, that, first of all this particular Resolution opposing, I guess or opposing it based upon the
interpretation is less relevant than it was two weeks ago. I also noticed that we got a letter from Kathy Murphy,
Grants Coordinator, who has talked to Jeff Spagnola or Spatolla, I guess, at Senator Littell’s office and Curtis
Fischer of the Governor’s office and I guess we missed the boat in terms of any attempts or any ability to
mold this to our needs here in the Township. Kathy Murphy indicated in her letter that there may be a clean-up
bill, I hope that someone in Administration, or somebody someplace is paying very close attention to this because I think we do need to ask for specific changes in the Highland Act if we get a chance and we should be
ready to do it.

Mr. Guenther: I just wanted to say, in general about…I read that correspondence and response from the State and I just find it outrageous. I find it outrageous that the Legislature and the Senate was hell-bent on grinding this legislation through no matter what, without taking into consideration the legitimate concerns of a lot of Townships, it wasn’t just us, there are a lot of other Townships and they did it in a slip-shod fashion, they didn’t do their homework properly, but be that as it may, you know, to me it…I feel like I’m in a communist state where this is being shoved down our throats against our wishes and I just…I’ve never seen anything like this in the State of New Jersey the way this has been ran through without consideration for legitimate concerns of various constituencies.

Mr. Elms: Well, I believe that we have lost a significant portion of home rule on what to do about property
with this particular bill and with 190 pages of changes, there was no way that we could keep up with, nor did we get copies of any of those changes in a reasonable timeframe to be able to review it; and I think what we are going to be faced with is a significant number of suits against the State and this Highland Preservation for confiscation of property.

Ms. Labow: Were any of our issues addressed at all? From what I understand from the memo from Kathy, we
didn’t get our things in in time.

Mr. Ruggierio: You mean like you’re late for a…the submission of a test. No, there wasn’t any deadline, but
my…I did have a personal conversation with Kathy and it indicated the same information you got in that memo
that the submission of our concerns was too late because this bill was rocketing through the committees and that
there would be a clean-up bill and I guess what was emphasized to her and, in other words, just pass it on to the
Council, I think she made it clear in her memo, is that it was important that we be supportive of the Highlands
Bill and the concept of it because this clean-up bill would be something that, you know, was going, you know,
that we would want to have some influence with, so…

Mr. Guenther: Well, part of that note also said that the gentleman I guess she talked to, I guess it was a hand-
written note on her memo saying that there…that he knows nothing about a clean-up bill, so… I’ll be willing
to bet right now there is no clean-up bill.

Mr. Ruggierio: Well, I certainly don’t want to guarantee that, I just…I think the overall concept that she was
attempting to convey to me, and I think, you know, she tried to convey it in that memo to you, was that
municipalities who are in general support of this are going to be treated as partners in terms of how, you know,
participating in this matter and those that are, let me say, contentious in their opposition, might not be treated as
well. That was her concept, I’m not endorsing it, Bernie, this is what she picked up from her conversation with
the State.

Mr. Guenther: It sounds like extortion or blackmail to me, that’s what it sounds like.

President Rattner: When you look at a town like Mount Olive the way we’ve been hit, we’re basically almost
all in the core, which means we have nothing. We can’t look at anything, we have the master plan we spent
time on, we figured where there is appropriate growth. A real big thing is like the property on the BASF, we
passed a resolution saying we didn’t want Green Acres making a bid for that property, that’s been approved for
office space, it’s in the appropriate area, it’s a ratable that the Township needs in the time of falling prices and
now to say that you can’t use it for that purpose, but at the same time, one of the only other areas that they had
outside the core, happens to be a farm, that is under pressure today from developers. It makes no sense, and
what are you going to do, sit here and say we like your plan and maybe you’ll give us something later, they
already gave it to us.

Mr. Guenther: Even more ludicrous is, I mean, here this legislation is for the intended purpose of preserving
water…water resources, right? So, the Flanders Valley Fields, that are owned by the MUA, are not part of
the core area, they’re outside the core area…

President Rattner: That’s the horse farm, I’m talking about.

Mr. Guenther: There was the jest of Kathy Murphy’s submission and for them to go on a technicality and
say it was too late and not consider this, it just shows that there’s a different agenda here. The agenda was not
just to preserve land and, I’m sorry…to preserve water, because if they had really looked at that, they wouldn’t
have committed this mistake.

President Rattner: They’re not looking to preserve water, if you really look at their plans, it’s to take water
out of here and move it east for the population centers. Our aquifers are still going to go down, because there’s
not going to be the replacement going in. But, anyway, you know, the resolution probably is dated now because
it actually asks for getting copies of things before the final draft, asking us to get the maps, so that’s where it is.
We still have to take a roll call on it.

Mr. Elms: Before you take the roll call, I would suggest that we reintroduce this resolution at the next meeting
with changes that are appropriate for the condition of the bill at the present time.

President Rattner: Well, I agree, I think if we do that, take what we did the last time, have the few areas,
because we didn’t give them a whole lot of changes that we wanted, we only hit a couple of them that we
felt were very very important, the BASF property, the property by the well fields, and just some other minor
things; we didn’t ask for a lot.

Mr. Dorsey: Well, I think what Mr. Elms is suggesting, or making, is a motion to table…

Ms. Labow: I think that’s what Mr. Buell had started it out with, that was the beginning of the discussion.

President Rattner: Well, we just wrote it down and then we just start with a new one.

Mr. Buell: Steve, in addition, I would recommend that we have sub-committee of this Council and, with
Administration’s input, I would recommend that we look at this, again asking our Planner to be there, so we
move right into…to introduce any changes we would really like to make, in terms of this bill, because I would
be concerned about this property here and us building our DPW garage, because that’s obviously something
we’re not going to be able to do, under the Highlands Act, the way I understand it. I think we need to do a
lot more work on this to be ready, if there is any clean-up bill, so that we can actually get in and ask for the
things we want to have in this thing changed.

President Rattner: Then we may need to, probably, just to look at it, because we have to look at the things
that are very important. Again, if we have a whole grocery list, we’re not going to get it, you know, you’re
going to have to take a couple and build a case why it’s very important, why it’s environmentally responsible,
that type of thing.

Mr. Buell: Yes, and I think that’s…we need to do that…I, you know…so, I’m not sure we’re going to be ready
next week, but I think as soon as we can be ready, we should be working on this.

Mr. Elms: Wasn’t there something in the bill about the Township’s…something that’s needed for the
Township’s use, was going to be exempt from ….the requirements of the commission.

President Rattner: The way I read it, they said specifically on government buildings, there was wording in
there, but it said it had to be, at least in the version I saw, it had to be passed by a referendum and they will give
you three years to build.

Mr. Guenther: Is it proper to introduce a motion to table, John, even though we have moved and seconded

President Rattner: We just vote it down, and then we just have a new one, it doesn’t matter. That’s the
simplest way. Anybody else? Roll Call.

ROLL CALL Defeated Unanimously

President Rattner: Well, with the sub-committee, well, let’s think about the sub-committee and at least
figure out exactly what they’ll do and how they’ll interface with the Administration, since you’re setting
up a sub-committee and we’ll take volunteers. Okay, next item will be Resolution number 13.

13. Resolution of the Township Council of the Township of Mount Olive Approving Professional Service
Contract for the Township Auditor for the Year 2004.

Mr. Elms: I would like to move Resolution number 13, to be considered.

Mr. Guenther: Second.

President Rattner: Anybody from the public like to discuss Resolution number 13. Seeing none, close the public portion. Take Council comments.

Mr. Elms: Well, this is professional services contract for the auditor and it says that the contract dated January 2nd received May 5th is annexed hereto and we don’t have copies of it and I’m not in favor of it unless we are sticking to the rates that were set for last year.

President Rattner: Any other comments? Well, I think we have an issue in that it was, as far as we know, it was received in town in January, we passed a resolution accepting the professional services contract and put the wrong…happened to attached last year’s contract onto it and this is correcting it. So, now we’re in a situation that we told the person okay we passed the resolution at Reorganization and then it was found that the wrong…that there was a wrong attachment onto the resolution, itself. It’s kind of late now, I mean, what did the rates go up, Mr. Ruggierio, do you remember offhand?

Mr. Ruggierio: I don’t know, you know, I know the Mayor picked up that the rates were different than the resolution and I think it was just something inadvertently left off in Mr. Higgin’s office, so I thought it should be adopted, but in terms of the actual rates, they might have gone up like $25?

Mayor De La Roche: $10 an hour.

Mr. Ruggierio: $10 an hour, according to the Mayor.

Mayor De La Roche: In three or four categories.

President Rattner: Yes, no, yes…the different levels of people.

Mayor De La Roche: But the contract was dated 2004 that I signed originally and that never came back to me again, I said why would I sign the contract again, the rates are going up, unless there was a separate resolution changing it.

President Rattner: Anybody have any other comments? I didn’t remember this discussion, I remember some discussion, but I didn’t remember any big dispute last week…two weeks ago when we explained what happened.

Mr. Elms: Well, I thought when we talked about that contract and some of the other contracts, it was that the rates were going to remain the same for this year.

President Rattner: Well, that’s negotiated with each contractor, I mean, you know, this may…that’s pretty much what happened, I think all our professionals kept the same rate, you know, for the most part, kept the same rates.

Mr. Greenbaum: I don’t believe that’s true, no, Schoor DePalma went up.

President Rattner: Okay.

Mr. Elms: And who negotiated the rates?

Mr. Ruggierio: You know, this is the…this is the Township Auditor. Your form of government, I think, provides that the Mayor negotiates contracts, the Council adopts them, but in the case of the auditor, where it’s, you know, your…I mean, I don’t want to tread into an area where you may have already had disputes about, but in the case of the auditor where it’s generally held that the auditor is the Council’s appointee, I think that, you know, the rates should be adopted by the Council. I don’t think they should be negotiated by the Mayor, but, you know, certainly, we can go to Mr. Higgins and talk to him about it. I didn’t think the rates were going up that significantly that we would make a big issue about it.

President Rattner: Okay, is there any other discussion? Roll Call.

ROLL CALL Passed Unanimously except Mr. Elms voted No

President Rattner: Now we go all the way down to 21.

21. Resolution of the Township Council of the Township of Mount Olive Authorizing the Override of Mayor’s Veto of Ordinance #7-2004 Recreation Utility Fund.

Mr. Guenther: I hereby move Resolution number 21.

Mr. Elms: Second.

President Rattner: Anybody from the public like to address the Council on this Resolution. Seeing none, any Council comments?

Mr. Greenbaum: I was not in favor of the original resolution, and I’m not in favor of…I was actually happy when the Mayor vetoed it, I believe that the Fund should go through the general Budget and I think it should remain as is.

President Rattner: Then, Mayor, maybe he’s going to sustain…vote to sustain your veto even though you don’t necessarily agree with that now. Any other discussion?

Mr. Elms: Would you like to withdraw you veto?

President Rattner: Okay, Roll Call.

ROLL CALL Passed Unanimously except Mr. Elms and Mr. Greenbaum Voted No

22. Resolution of the Township Council of the Township of Mount Olive Granting the Advice and Consent of the Appointment of the Nomination of Michael Murphy, Esq. and His Firm McManimon & Scotland as Township Attorney for Mount Olive Township.

President Rattner: Oh, that needed five votes so it’s good we got five votes. Okay, now we come to non-consent resolution, Resolution number 22. I think I’m not going to take that name, how about, Ms. Labow, would you move, Mr. Greenbaum, I mean, Mr. Perkins.

Mr. Perkins: Thank you, Mr. President. Mr. President, I want to recluse myself from this.

President Rattner: Okay, Ms. Labow, would you move Resolution number 22?

Ms. Labow: Rob’s name is on there.

Mr. Greenbaum: I’m not going to move it.

Ms. Labow: You’re not moving it?

President Rattner: That’s what I just said, I said I think it would be better if I just picked a different name.

Ms. Labow: I see, okay I would like to move Resolution number 22.

President Rattner: Is there a second?

Mr. Ruggierio: The Mayor would like to be heard concerning this, Mr. Rattner.

President Rattner: Well, let’s get…at least get a second.

Mr. Elms: Second.

President Rattner: First, I’ll go to the public, then I’ll go to the Mayor. Anybody from the public like to address the Council on this Resolution? Seeing none, I’ll close the public portion and I’ll recognize the Mayor.

Mayor De La Roche: I would like to withdraw this Resolution, to be offered at another time in the future.

President Rattner: What do we do after…

Mr. Dorsey: Well, the Mayor can’t withdraw, we’d have to ask Ms. Labow.

President Rattner: Yes, I’ll ask Ms. Labow to…

Ms. Labow: Withdraw my motion?

President Rattner: If you would, rescind your motion and then we’ll rescind the second.

Ms. Labow: I would like to rescind my motion for Resolution 22. I would like to withdraw my motion for Resolution 22.

President Rattner: Mr. Elms, would you withdraw your second?

Mr. Elms: Yes, I’ll withdraw my second.

23. Resolution of the Township Council of the Township of Mount Olive Endorsing the Proposal by Lutheran Social Ministries of New Jersey to Construct with HUD Financing an Additional Fifty Units of Housing for Low-Income Elderly. Added - New

President Rattner: Thank you. Resolution number 23. Oh, you came back, Mr. Perkins, you can move that one.

Mr. Perkins: I move for passage for Resolution number 23.

Mr. Guenther: Second.

President Rattner: Okay, we have a second. Anybody from the public like to address the Council on this Resolution? Seeing none, I’ll close the public portion.

Mr. Dorsey: Mr. President, just so everybody on the Council understands, this Resolution is much more general than the two specific resolutions that will have to be adopted at some point in time. This Resolution simply endorses the concept of HUD financing an additional fifty units, so we are holding in abeyance some time down the road, you’re going to have to adopt the….if you want the project to go forward, the specific resolution dealing with the ……tax payments and the allocation of 6,500 gallons.

Ms. Labow: We can’t hear you, John.

Mr. Dorsey: I’m sorry, I said, so everybody understands, Resolution number 23 is a general resolution which specifically endorses the Lutheran Social Ministries adding fifty units of housing for low income elderly. That leads to a later date, the two specific resolutions that they requested, that you will have to adopt for the project to go forward, which is one that grants them specifically 6,500 GPD at the Cloverhill Plant and also endorses the lower tax payment. Do you understand what the process entails? There’s nothing wrong, it’s just going to now end up being a two-step process before it’s over.

President Rattner: This is more like the moral commitment, without really committing us, but I understand that part, but there was something…we were told was very specific for the July 7th date they had, was the sewer allocation, they said it didn’t have to be absolutely guaranteed, but they said they want at least saying that we…you know, we basically are going to try to find it for them, because they said that was one of the check-off things that they needed for their application.

Mr. Dorsey: Well, can you do the specific resolution tonight allocating to them 6,500?

President Rattner: I don’t know if we can plus we want the right wording, because I think they would make the commitment defined, not where it’s absolutely ironclad, because we also had the issue….

Mr. Dorsey: But do we have it?

President Rattner: I don’t know, Mr. Ruggierio, do we…we’ve been working on this now for a couple of months, do we have the gallons if we wanted to give it to them?

Mr. Ruggierio: Do we have what, sir?

President Rattner: The gallonage, the sewer gallonage, because they said that was an absolute requirement.

Mr. Ruggierio: Yes, well there was a…the answer is yes, that we have the gallonage, the question is how many gallons does this project require, because I think you heard it at the last meeting, they were talking about 6,500 gallons and we have documentation, I think some kind of workup that was done informally before that said 10,000 to 11,000 gallons. So, either…under either scenario, we have those gallons.

President Rattner: Who worked up the….where…how’d you….how long ago was that, because that sounds like an EDU in Budd Lake for a regular house. That doesn’t sound like a senior housing standard from the DEP, that sounds like a single family house.

Mr. Ruggierio: Well, it was for this project, so it was…

Mr. Dorsey: Ten or eleven thousand gallons would be exactly 217 gallons times fifty units.

Mr. Ruggierio: Yes. See, here’s the thing, the…I called Mr. Simms and I asked him could we delay the…this particular Resolution regarding the sewage capacity until a later meeting and he said that as long as they had a Resolution in hand to give to the Feds by the July 7th application date, they would be okay. So, I thought rather than rush this one through, I think it deserves some discussion, so I asked that the sewer part of it be pulled.

President Rattner: Okay, well, we don’t have it here and I don’t want to rush one on because I know what we’re committing, I just don’t understand that the DEP sets up what is for a project and what kind of gallons you’re going to use, there is usually a table. I thought that he made a representation that senior housing has a… President Rattner(cont’d): you know, it’s in the low hundred and then…that’s how he came up with the 6,500, because I worked it up at 8,500.

Mr. Dorsey: Well, what do we know exactly what…

Mr. Ruggierio: He sort of yelled out into the audience, you know, he said what are we…we got an answer, I mean, I don’t think we’re dealing with anything, you know, analytical.

Mr. Dorsey: Wait a minute, there is an existing fifty unit complex there, is there not? Wouldn’t we know what the sewage flow is for that building?

President Rattner: Well, when that complex was built, we actually gave them a commitment of 100 anyway.

Mr. Dorsey: I understand that, we gave them…we actually gave them the commitment that would have satisfied two buildings.

President Rattner: Right, or one big building.

Mr. Dorsey: You see, we’re in an argument…in a discussion, here as to how much these additional fifty units would cost and, as I understand it, he must meter the flow of sewage from the existing…Abiding Peace project so you can tell exactly the flow is per day, can’t you?

President Rattner: I guess we could use the water bill as a proxy, yes.

Mr. Dorsey: Pretty good proxy.

President Rattner: Well, if not, the DEP…most of what we do is we use DEP’s standards, that’s what we’ve used in the past and they have that.

Mr. Dorsey: Okay, so we’ll have that…

President Rattner: We’ll want to discuss that next week, because I was under the impression, and the discussion that we had when they met with us before or when they wanted to see if there was going to be support, if the Town would even consider listening to them, that that was one of the things they had to have, because, to get the funding, to be a priority in the funding, they had to show that the infrastructure was there, that they didn’t need any zoning changes, so it would be ready to go.

Mr. Dorsey: You know, isn’t it simple enough…is it not…I don’t know anything about reading meters, but we have the Abiding Peace, that’s the way we always referred to it before, it’s fifty units, can’t we go over there and see what it flows per day and we’ll know exactly what the new one should take.

Mr. Ruggierio: It seems like the right answer to me.

President Rattner: Okay, so, let’s have that for next week, so we can discuss it, because I really believe that they have to have it, you know, in the next week or two. Anybody else?

Ms. Labow: I had a question on the allotment that we have left, should I ask that now, or wait until later under Old Business?

President Rattner: Is it directly related to how many gallons we have left?

Ms. Labow: Yes, regarding the one letter we received from Mr. Hashemi that went through the …..

President Rattner: Well, that was his OPRA request from past information that we had.

Ms. Labow: Okay.

President Rattner: But I think that’s something that the Administrator, a month or so ago, said that they had some workups, they just didn’t know how good they were and we have to accept that.

Mr. Ruggierio: We do. I have all the documentation assembled, I’m going to give it to the Council.

Ms. Labow: Okay.

President Rattner: Okay, any other discussion? Roll Call.

ROLL CALL Passed Unanimously

President Rattner: Okay, next on the agenda, we have the Library Construction Report.

Library Construction Report

Jerry Sheard, Vice President, Library Trustees: Right now, we are at approximately 61% completed. As you know, the roof is on, we still have some minor things, as far as metal work, to do on the roof, but other than that, all the tongue in groove and everything has been finished. We anticipate completion of that in the next two weeks. Window frames is 85% complete at the present time. MEP or mechanical, electrical and plumbing is ongoing. Inside sheetrocking is ongoing inside, for those that took the advantage to come over when we gave the Council an invitation to come over, they could have seen that. Anticipated…the stonework will be done…we have the stonework on site, it has to be put up yet, of course, and that should be starting pretty soon. So, things are going pretty good. As far as the Budget, we still remain within the Budget and, that’s it. Open for questions.

President Rattner: Anybody have any questions, Ms. Labow.

Ms. Labow: Hi, Jerry. I did take the tour, it was…of course, I’m not a contractor, but from my inexperienced and knowledgeable eye on those things, it looked pretty good to me. But I do have a couple of questions. Number one, on the outside exterior, the stonework that’s going to be put up, Scott was saying’s a relatively new process, some kind of bonding that they’re using so that we don’t have to have any clips or anything to keep it in place…. My concern was, because of the wind load that comes through that area, and I spoke to Scott after Rita and I left. I had another question and I went back. I understand that the force of the wind actually goes on to the building so he didn’t feel that there would be a stress to the stone work because it is hitting there and on the sides he said that you don’t get a lot of wind but what I wanted to know is how new is this process? Is it tried and true?

Mr. Sheard: It’s not that new. It’s been around but it is what they are going to use to put this particular type of stone on to the building.

Mrs. Labow: But has it taken into consideration our conditions here?

Mr. Sheard: I’m sure they did. I’ll check that for you but I’m almost sure they did.

Mrs. Labow: I’d like the documentation on it because I want to know how much wind resistance can it hold.

Mr. Sheard: The biggest problem is when you are putting it up. That’s when it is open. After it’s up, it’s not a problem but I’ll check it. I know the process but I don’t know the figures.

Mrs. Labow: I’m more concerned about the longevity of it because it is going to take quite a beating there and it’s absolutely gorgeous. I love the way it looks but I want to make sure that it will meet its life expectancy due to the conditions it is going to be under. The other thing I wanted to ask, I just want to make sure, somebody asked me this question, I do believe that there is absolutely no inside access to the basement at all, is that correct?

Mr. Sheard: That is correct because the Council, that was cut.

Mrs. Labow: That was what was cut and also there is nothing on the exterior design of the building that it can easily, a shaft of some sort cannot easily be added on there. There hasn’t been any kind of accommodations made for that? The last question that I had, when we were discussing the quiet room, we were saying that it was smaller than anticipated because you had talked about having round tables in there and obviously round tables won’t be able to fit. Is there any way that they messed up the dimensions, like it should have been wider and not as long?

Mr. Sheard: I don’t remember the exact dimensions right now but I can check it and find out but I know we’ve been working on the tables that go in so Rita would know more about that than I would.

Mrs. Labow: That’s all the questions that I had. Thank you. You’ll get the other information? Thank you.

President Rattner: It’s June 15th. We know what that date is in relationship, we know that we are a little behind on the library which isn’t abnormal, however, one of the big things that we were waiting for and we haven’t heard anything is the air conditioning units because we heard about lead time and everything else. Where is that situation right now? I know there was a hearing and that was postponed. Did everything stop and the units are still missing in action?

Mr. Sheard: The hearing was not postponed. They had a hearing but the judge requested some additional documentation, some depositions regarding the construction which is kind of unusual and that will come up in the next couple of weeks. She gave him two weeks, I believe it was. So, other than that, Bob Lawless is handling it, his attorney, and that’s all that I can tell you right now.

President Rattner: So what we are doing is we haven’t done anything because I was told that if we need a replacement, we first heard eight weeks and then four weeks and during the summer it is probably longer because of vacations and things like that. I’m just looking at the time. Two big things from past discussions that we’ve had were the air conditioning units, that looks like it is a critical point because there is work that has to go around it and the other was the shelving which took a much longer lead time and I need to know what is the design on that, has that been done, has that gone out to bid because those are the things that can really delay it a long time, right.

Mr. Sheard: The shelving, I can tell you, I just got it. I was gone last week so I just got it in my mail and we will have a report on that at the next meeting for you – definite on that but it is going. We’ve got the stuff from the architect already and it’s getting ready to move on. As far as the HVAC system, that’s a lawsuit between Blackstone and Icon…

President Rattner: I don’t care about the lawsuit but that is a critical part of the building. The building can’t be completed without it, regardless.

Mr. Sheard: We know that it is a critical part of it and we still have time to do it because right now, remember I said I thought it would be around August 15th, it looks like we are going for August 28th for substantial completion. That still gives us plenty of time to get the HVAC systems.

Mr. Guenther: Do I understand correctly? You said August 28th for completion?

Mr. Sheard: Substantial completion right now. That is what the new timeline is showing, remember I said August the 15th.

Mr. Guenther: And then, after that you need what, you need to move in and also put the furnishings in. There’s an additional timeline before it can open, correct?

Mr. Sheard: Three or four weeks to do that.

Mr. Guenther: Jerry, I requested, I tagged along with another group. I was the first of the Council people to tour I guess and I guess it’s been close to maybe three weeks ago now. What I wanted at that time is the opportunity to come back in again to be able to form a judgment for myself because I have no frame of perspective. In other words, what I saw at that time, I don’t know, I have a real problem when people come, and it’s not you, but whenever you hear that it is 61% complete, 80% complete, what do you base it on? The only way that you can really judge is to compare it to a prior timeline. In other words, I was in there and I saw what was going on and the roof was still leaking. It wasn’t complete and so forth. I’d like to see it again within the next two or three weeks and form a judgment for myself as to how it is progressing.

Mr. Sheard: Normally in construction you base it on your expenses and costs because certain things will happen all of a sudden whereas other things take a longer time to do it. I knew you were in. I didn’t receive anything from you personally or I don’t know who did of any comments that you wanted. I wasn’t aware that you wanted to come back in.

Mr. Guenther: I made the mirror at the following Council meeting. I’m not a construction expert. I don’t know. I’m not there to form judgments, certainly not in a vacuum like that. I can’t come in there and say, is this 50% complete. I don’t know.

Mr. Sheard: I knew that to start with that’s why…

Mr. Guenther: The only way I’m going to be able to judge is if I go in there again in a certain period of time and compare it to the last time I saw it. I just make that request, if in the next two or three weeks, I can come in again.

Mr. Sheard: We have a meeting with the contractor on Thursday morning. I’ll bring that up that you would like to come back in.

President Rattner: The business administrator has his hand up so I want to hear from him.

Mr. Ruggierio: I just want to maybe help Mr. Guenther on the question he was asking. At the beginning of the job, the contractor reaches an agreement with the owner through its professional consultants on what’s called a schedule of values and the schedule of values are evaluated, as the job goes along, by the architect, who certifies to the owner that there is a certain level of completion. So, the foundations, of course, would be finished way before the, you know, the framing and things like that and when…there’s a report about how far along a job is, I think what’s being told to you is some kind of a description of, you know, how much has been certified by the architect, so I think that’s what…that’s been my evaluation of the documents I’ve received from the Library. So they have the schedule of values, the architect’s evaluation, his certification to the owner that you’re done to a certain level of completion on each of the items on the schedule of values.

Mr. Sheard: Yes, I have a four page documentation on every item, just like a line item, of where we stand and I have…the total of that is right now 68%, 61% excuse me.

Mr. Guenther: Jerry, I just have a hard time equating time with value. In other words……

Mr. Sheard: Most people, who are not contractors, would.

Mr. Guenther: Yes and, for example, you have a situation here now with the HVAC, where it’s delayed due to unforeseen factors, not anybody’s fault. Okay, how does that, in terms of value, the HVAC could be a very low value, as far as percentage completion, but the timeline it takes to complete, can be significant as far as the completion date is concerned. That’s what I’m concerned about.

Mr. Sheard: I could give you…I don’t….I could look it up and give you the exact figure on that, but…. From what the architect, who is our main contact, and our construction manager, who is a main contact, who reviews all this, we still think it will be within….

Mr. Guenther: Alright, Jerry, you want me to give you the bottom line of what I came up with when I was there, I’ll give it to you real quick. The construction manager is not a pessimist, he’s a realist. He’s on site, he told me he says, “look, I see everyday what goes on.” He gave me his best estimate at that time, that it’s not going to be complete before the end of August, which is what you are confirming now, okay.

Mr. Sheard: That’s what I’m just saying.

Mr. Guenther: Well, you were giving August 15th, if it hadn’t been for the HVAC…..

Mr. Sheard: Well originally…..remember, I said that two months ago, I thought it was…

Mr. Guenther: Okay, yes but, somebody else was saying the end of June, the middle of July and so forth, and the architect was giving a very rosy picture and quite frankly, the architect is not on site every day and he is not there…he is not a guy who is…the hands on guy with how the project goes. You really have to go by what the construction manager says as far as projecting…

Mr. Sheard: That’s right, I’m not arguing that point. But they’re the two…before anything is done, any papers are signed, the architect comes in and looks at it. He is an architect, professional architect, he should know what’s going on.

Mr. Guenther: No, no, I understand.

President Rattner: Okay, we’re just going in circles, we’re just repeating ourselves, so let’s move on, I have Mr. Perkins and Mr. Greenbaum who still want to speak.

Mr. Perkins: Thank you, Mr. President. Jerry, just a quickie. Icon and Blackstone – they’re in dispute over this HVAC system. That has caused a delay towards the date of substantial completion. The supplier should have been the general contractor under the terms and conditions, the general terms and conditions of the
Mr. Perkins(cont’d): contract. What liquidated damages will be imposed upon the general contractor after the middle of August, August 14th or whatever?

Mr. Sheard: The liquidated damages that are in accordance with the contract. We have not given them an extension. As of right now, the contract still reads the way it reads. We have not given them an extension. I’m just giving you the date that it looks like it’s going to be….so, two months liquidated damages.

Mr. Perkins: So he’s got it, so we’re already accruing that time against him.

Mr. Sheard: Not yet, but we will.

Mr. Perkins: Once we get past the middle of August.

Mr. Sheard: Right.

Mr. Perkins: Thank you, Jerry.

Mr. Greenbaum: Yes, first let me thank you and everyone else for your efforts, because I know that you’re working your hardest to get this completed on budget on time; and anything that I’ve said along the road shouldn’t be taken against your effort, because I know that you would like nothing better than to get this done on time, under budget and have the Library operating. That goes for you and Jane and Rita and everybody else that’s involved. But….and I spoke to Jane last night, so I don’t want to go into my…the specifics, I just had a couple of questions as to why I haven’t been to the site, hopefully that’s going to get resolved shortly. How much of the construction manager’s contract has been paid to date, do you know?

Mr. Sheard: Off hand, I couldn’t give you…we have two months…two months to go, this month and next month.

Mr. Greenbaum: Okay and then after that point, what happens?

Mr. Sheard: We’re discussing that and it will be brought up at the Library meeting, Wednesday.

Mr. Greenbaum: Okay, do you think that the construction manager is going to look to…for additional monies to stay on the project?

Mr. Sheard: He probably will, but not any more than what he is already receiving. In other words, there won’t be any large amount other than what’s he’s getting now, because he had anticipated being out of here too, like everybody else.

Mr. Elms: What was the original completion date?

Mr. Sheard: July – we were looking at July.

Mr. Elms: July what?

Mr. Sheard: One.

Mr. Elms: And what’s the penalty clause?

Mr. Sheard: I’d have to look it up in the contract to tell you what it is. It’s in the contract, though, $200.

Mr. Elms: Per day.

Mr. Sheard: Yes, per day. Not as much as…it’s in accordance with the AIE structure.

President Rattner: I believe it’s $250 a day.

Ms. Labow: I was going to say, I think it’s $250 a day.

Mayor De La Roche: It’s $500, I was told it was $500.

President Rattner: But…is it $500, okay.

Mr. Sheard: $250, I think, but I don’t want to say that until I look it up and tell you.

Ms. Labow: I remember reading it, $250.

Mr. Sheard: You know, I look at ten construction sites a week, so…

President Rattner: Well, Ms. Labow.

Ms. Labow: Jerry, I’m just confused over your answer to Mr. Greenbaum. You said that Mr. Ayers is not going to ask for any more money than he is already received, but then you said that he’s going to ask for more money, so what does that mean?

Mr. Sheard: He was getting so much per month, it won’t be any more than that, but he’ll ask for addition, probably.

Ms. Labow: So, he may ask, he hasn’t, but he may ask for say if it’s $5,000 a month, he’ll ask for another $5,000 per month?

Mr. Sheard: Yes, that’s probably what he’s going to ask for.

Ms. Labow: I have one last question and I know with the HVAC units, the original court date was postponed by a week and then they met, was it last Friday…

Mr. Sheard: Right.

Ms. Labow: And then the Judge postponed it for another two weeks, because they are waiting for depositions.

Mr. Sheard: Right.

Ms. Labow: And, at that time, do you have any indication, at that point, they’re going to have Blackstone order the HVAC units?

Mr. Sheard: That’s up to the, you know, see what the final Judge, I don’t know, I’m not a Judge.

Ms. Labow: Okay, so they…so we’re still…alright….

Mr. Sheard: We’ll know more after the end of the court case, but we still have time, according to everybody. I know Scott thinks we don’t, but….

Ms. Labow: I don’t think we do, from everything at the meetings, I discuss and talking to Scott, I don’t think we do either. Okay, I’m done.

President Rattner: Okay, any other questions for Mr. Sheard? Thank you.

Mr. Sheard: You’re welcome.


President Rattner: Which comes to the next thing, because there is a bill on there for Blackstone, and that is the bill list.

Bill List

Mr. Buell: I move approval of the bill list.

Ms. Labow: Second.

President Rattner: Okay, Ms. Jenkins, do you have answers to the questions? I don’t need a lot of detail, just to see if you, you know, whether we should pay or not.

Ms. Jenkins: Yes, I had to make some phone calls, but I did get the information. Tri-State Diesel, the fuel injunction pump that was replaced, I spoke to Tim Quinn, was not for a vehicle, it was for a generator at a pump house. The Police Chief is going to speak with respect to the Wally Spergle bill that you mentioned.

Chief Katona: A poll was struck and the stanchion…the light was hanging by just one of the wires, it was an unsafe condition. Mr. Spergle provides the repair services to all the lights in town, he came out to replace that. It was an emergency situation. We had it fixed, as we had to, and will pursue the insurance to see that the responsible party pays for the light stanchion to be done.

President Rattner: Okay. Is that usually a DOT light there, or is that one of ours?

Chief Katona: I believe that’s one of ours. It was in the center median, I don’t think it was one of them that was on the…out at the street.

President Rattner: Okay, because I remember seeing that. Do we know who did it?

Chief Katona: I believe we do. I don’t have the information with me tonight, but that’s…

President Rattner: No, it was just a questions, I was just surprised, because usually we’ve seen them…the DOT comes and they replace it and they go after the person’s insurance company – I never saw a bill before.

Ms. Labow: Did you hit it and wonder if they got your license plate?

Chief Katona: We did, Steve.

President Rattner: I guess it was the U in the roof of the truck, huh? And I guess the last was that the postage meter bill, is that the same?

Ms. Jenkins: The note that Mr. Ruggierio had put on their was, at the time that we were doing the paperwork in my office, so that it pre-dates the information you got.

President Rattner: But this was the same thing we discussed….

Ms. Jenkins: It was same thing that we discussed. The bill that’s here is just for current charges, though, that have come after the $10,000 bill. Okay, and I did actually put a note on here.

President Rattner: Oh, okay. I thought it may have been, I just wanted to make sure it wasn’t another bill. Okay, thank you very much.

Ms. Jenkins: Sure.

President Rattner: Okay, I’m satisfied with the bill list. Any other questions? We moved it and seconded it.

Mr. Elms: Were we taking something off the bill list for Kyle Conti, or wasn’t it on the bill list?

President Rattner: I didn’t find anything on the bill list. You don’t know…we’re not paying anything for Kyle Conti, are we?

Ms. Jenkins: No, I don’t believe so. We also have the supplemental bill that I just wanted to bring to everyone’s attention. We had to void the $900,000 check that was originally made out to Mr. Dorsey and re-issue it to the Clerk of the Superior Court, so if we could also include that please?

President Rattner: Well, this bill was on here – it just had a different name, right?

Ms. Jenkins: Exactly. We had made it out to someone and we had to reissue it, so I just want to make sure that this one gets approved, as well.

President Rattner: Okay, just…again, because, so we get it down. Kyle Conti…I didn’t find a Kyle Conti bill, there is none in the batch, right?

Ms. Jenkins: I don’t remember seeing any, no, but I will double check.

President Rattner: No Kyle Conti. If there is a Kyle Conti, I will make a….move to that we don’t release it. Okay, any other questions? Okay, roll call.

ROLL CALL Passed Unanimously
Mr. Greenbaum – Yes, except for the payment of the bill to Blackstone Group, LLC

President Rattner: Okay, next we have raffle applications, Ms. Labow.

Raffle Application

Ms. Labow: I would like to move Raffle Application #2037 for Disabled Advocates Working for Northwest.

Mr. Perkins: Second.

President Rattner: Any discussion? Roll Call.

ROLL CALL Passed Unanimously


President Rattner: Okay, any administrative matters? Mr. Buell.

Mr. Buell: Several, I’m afraid. I received a letter from Marilyn Ryan – Flanders Park Field Lighting. Is this just a compilation of the things that the Administration has received and is it just from Flanders Crossing or Flanders or the Cloverhill, or is it just a combination?

Mr. Ruggierio: I think Ms. Labow may have asked for this. It was a request…it is a compilation of the people who have contacted us by e-mail or by telephone.

Ms. Labow: I didn’t ask for that.

Mr. Ruggierio: Oh, but I don’t remember why we transmitted it, but it’s, I understand….yes, I think it was requested by someone. It is a compilation of all those.

Mr. Buell: So, this is just the responses you’ve received.

Mr. Ruggierio: Right. So you have sort of everything we have in connection with those people.

Mr. Buell: Thank you. On June 11th, Ed Katona, Chief of Police sent a budget additional police officer request. He indicated that there is a timeline for training of a police officer. Are we going to make it in terms of approval of the budget? It sounds to me like mid-July is the time that….

President Rattner: Well, I think what they’re really looking at right now, because if we go to a temporary budget next week, and we’ve done this before, is that we give…basically a commitment. I mean, obviously, it can’t be held to it and say yes we want the police officer and I think we had general agreement on that and that we tell them to go ahead, we’ll make sure for the difference of salary at least in the temporary budget and we just go that way. That way, we can go that route and if we don’t have it, we’ll take a formal vote on that even though it’s just…I guess a moral thing.

Mr. Buell: Is that a timely…in case…in terms of his hiring…

President Rattner: We can do that right now. I know, that’s what I’m saying. Ms. Labow?

Ms. Labow: I was going to ask since Chief Katona is here, I mean, how long did it take to decide on which officers you’re going to hire. I mean, is it a two-week process, we’re only thirty days from July 15th and they have to have them signed up for the academy, so how much lead time do does he need?

President Rattner: Ms. Labow, we cannot do it any earlier than today. I just said we’ll take a vote, we’ll do it today.

Ms. Labow: I know but….that’s my question.

President Rattner: Obviously, he’s here today…if we vote on it right now, he’s going to be very very happy.

Mr. Buell: Should I make a motion for that…to do that?

President Rattner: If you would like to make a motion and Mr. Dorsey will make sure that, at least, it meets the muster as a motion.

Ms. Labow: He just left, he went to find the mustard.

President Rattner: Then Mr. Ruggierio will, Mr. Elms.

Mr. Elms: Doesn’t it have to be a resolution?

President Rattner: Yes, she’s going to make a…well, a resolution…

Ms. Lashway: A motion is a resolution.

President Rattner: A motion is a resolution, it’s not an ordinance.

Mr. Buell: Yes, I would make a motion that we authorize the Chief of Police to go ahead and hire an additional police officer in time for the July class.

President Rattner: With the intent that we will fund it in the budget.

Mr. Buell: Yes, with the intent that we will fund it in the budget.

Mr. Greenbaum: I’ll second that.

President Rattner: Sherry, you know, one thing the Clerk is bringing up. This isn’t like a capital thing with the availability of funds. Obviously, we have a certain amount of money in the budget, we’re going to be doing another temporary budget in a matter of days. So, as long as the money is in there…

Ms. Jenkins: Yes, next week…for the next… I just want to make sure, the person that we’re hiring is falling under the cops universal grant that we have right? Okay, so the funding that we’re going to need for the balance of the year is really minimal. You know, because we have the grant that we can tap into.

President Rattner: Okay, but you can fit it in your existing budget right now.

Ms. Jenkins: I’m sorry.

President Rattner: You can fit it in the…

Ms. Jenkins: Yes I can. We don’t have to put in any additional money. It’s only half a year and, you know, we have a portion that’s covered by the grant.

President Rattner: Okay. It was moved by Mr. Buell, I think seconded….what?

Ms. Labow: Was this one or two officers in that?

Mr. Buell: One.

Ms. Labow: Just one. It was just one?

President Rattner: Was there any other discussion? Roll Call.

ROLL CALL Passed Unanimously

Mr. Buell: I have heard…

President Rattner: Oh, go ahead.

Ms. Labow: He’s not done.

Mr. Buell: I’m not any where near done. I’ve heard that there is an issue in terms of the overuse of the soccer fields, is that true, or not true? If it’s true, are we doing anything to address the issue?

Mr. Ruggierio: I’m not aware that such an issue exists, I’ll check on it for you.

Mr. Greenbaum: Jim, where did you hear that? From a resident, or….you don’t want to get into it?

Mr. Buell: I heard it from a resident, yes, several residents.

President Rattner: Which soccer fields?

Mr. Buell: All of them. Basically, they are being used seven days a week, at least seven or eight hours a day and they are just wearing down to the point where the fields may be in useless shape. I was up there today, looked at them myself, and I did see a lot of worn spots on the fields, which concerns me because I know that they’ve now moved down to the first time when they are beginning to play soccer at Flanders Crossing Field or Flanders Park, at this point. And I just want to know if that is an issue, because we do have an ordinance and if that’s the case, I think we need to begin to talk to the soccer club and do something about it, because we didn’t enforce the ordinance.

Mr. Guenther: Well, I think we should have the Director of Buildings and Grounds here, you know, Jim Lynch here to answer the question and I would defer to the Administration to have Jim Lynch issue an opinion about that as to what’s overuse and what’s not. I mean, he might be on a certain…have them certain schedule that we’re not aware of. I’ve talked to the soccer people in the last couple of weeks and nobody mentioned that to me, okay. The only thing that was mentioned to me is that the Flanders Park field is in terrible shape, that there are all kinds of divots and holes which could be dangerous and somebody could twist their ankle. That’s the only thing I’ve heard. They seemed to be in general satisfaction with the field at Turkey Brook. Now, maybe things have changed in the last couple of weeks, that was a week ago or so that I talked to them. I think we should defer it to Jim Lynch and let him maybe make a report to us in writing answering Jim’s concern.

Ms. Labow: A couple of days ago, I asked Mr. Ruggierio to research…have Mr. Lynch research it and you all got in your mail today a package. And what I asked for was I wanted to know where all of the fields were in town, because I found out one was somewhere I didn’t even know about. He put together a really nice thing for us with all the fields and their locations. He also, if you all would take a chance, not of course right now, but review…he gave his recommendations and I had also asked him shouldn’t there be like some sort of a maintenance plan set in place that we follow and I think it would be a good idea if we kind of maybe set up a sub-committee and go sit down with Jim Lynch and decide if we want to set something like that up.

Mr. Guenther: He has a maintenance plan, he discussed that with us before that he has a certain maintenance plan, a certain scheduling of the fields.

Mr. Labow: But the fields at Turkey Brook Park, but not all the fields in the town.

Mr. Guenther: I believe all the fields. And, I mean, I think that’s the question that’s unfair with him not being here, I think he should be the one to answer that.

Ms. Labow: Well, that’s what I’m just saying…he gave us this information, so I think we should follow through with it and, you know, get together and find out what we’re going to do with it. Is it sufficient or isn’t it sufficient? That’s a good idea, could we put it on the workshop and review this that he gave us and decide if we need to make any kind of recommendations for it?

President Rattner: What kind of recommendations do you think you’re going to make?

Ms. Labow: We’ll find out what he…you know, ask Jim. Ask Jim what he needs.

President Rattner: You know, we’re starting to get into micro-managing. I mean, Jim and, through the Administration, is responsible for maintaining the fields, not everybody is going to be happy, we know that. Ordinance 17-2003, last year, was on Jim’s recommendation, because of the things that he impressed on us is that you can’t play on a field continuously because it will tear it up. And we put rules, you know, we got the rules, that took us about four or five months to make sure that we were satisfied with it, that it wasn’t overburdening, it could open up enough and then we passed an ordinance that referenced that; and it said in there that it is basically their responsibility…his responsibility, not ours, to determine which fields should be in use, how they are closed, we had the signs, the locks and everything else, so if a field needs to be rotated, and that’s what he talked about – he talked about rotating the fields…..

Ms. Labow: You’re specifically talking Turkey Brook.

President Rattner: What?

Ms. Labow: You’re specifically talking Turkey Brook.

President Rattner: No, we’re talking about parks.

Ms. Labow: You’re talking about all of them, okay.

President Rattner: It’s all parks and it was on his recommendation. You know, at some point, I mean, it’s nice to want to get involved with everything, but we just can’t. We have to let them go. If there is an issue of something and we’re scheduling and the pressure they have, maybe there’s something that we would get involved, but if not, I would like the people do their job that they’re paid to do.

Mr. Greenbaum: I don’t disagree with you Steve, but I would like to know what the needs are of Jim’s group, because I know that there have been….and especially since we are going to be looking at the Kyle Conti situation, which is going to necessarily involve Jim, I suggest that the…that we invite Jim here, if the Administration will comply, to talk about the needs of his department as well as the Kyle Conti issues, next week and to find out exactly, you know, whether or not he’s got enough manpower, or he doesn’t have enough manpower, what’s happening with the fields. Because if he doesn’t have enough manpower, whether or not we need to throw more money into maintaining the fields, whether or not we need to continue to get onto Kyle Conti, in terms of his responsibilities under the contract. I can’t imagine that it would be a terribly long discussion and I think it would be very productive.

Mr. Buell: Also, the other issue, does Jim have the kind of support necessary to support the Ordinance #17-2003? In other words, is he getting pressure from the soccer club to overuse the fields?

President Rattner: Does anybody have anything else? We’ll see if we can put it…I don’t know about next week’s budget…we’ve already gone over…you know, we’ve made recommendations on what we want in his budget, now we’re going to say that we’ve already decided we made our recommendations and the Administration, as far as I know, some of the things that did come up on a lot of people’s recommendations, the Administration has gone with. I mean, they’ve done basically what we said, now we’re saying…now we have to look at it, it’s only been about a month or so and even if we take action now, it’s going to be for next year, I mean, if we meet next week, they’re not going to have a change by, you know, the middle of July and, really the season is winding down for soccer and stuff like that.

Mr. Ruggierio: And we’re learning, I think your comments are exactly right, Mr. Rattner, I mean we are learning about Turkey Brook because it’s a new situation, but Council certainly deserves to get information from the Department of Public Works and I will talk to the department head and certainly I’m sure he will make Mr. Lynch available.

President Rattner: Let’s make sure that we have him in when we know the budget constraints and how many people he has is also regulated to us. If he had vacancies, which we know he had for a while, we’ve been told that they’re all filled now, he’s up to what they’ve been budgeted and remember who set the budget, you know, who had to approve the budget – us. Anything else, Mr. Buell? You’re still waiving your pen.

Mr. Buell: Yes, yes. Much has been discussed about the fact that I do not think the current gag rule for us talking to supervisors, employees and department heads is not working. I have prepared a list of fifteen items, fifteen specific issues, I’m not going to read it, but I will prepare and I will send it to all of the members of the Council and to the Mayor and to Bill Ruggierio tomorrow. But I would like to review several of the issues that are on here because I think they are very important and they do effect the way I am able to accomplish my job and our job as the Council. First thing I would like to discuss is in mid-March I asked, as part of the preparation of the Budget, Mr. Ruggierio to give me a year-to-date comparison of the Budget to the operating expenses at that point in time. I did not receive that. I then, again in mid-April, ask for the exact same information. I didn’t get it. That was just prior to our April 29th meeting to discuss the cuts that the Council made in the Budget, so I would have the operating expenses to that point in time. We asked him, and I think you were there Mr. Rattner, for that same information. We still did not receive it. I asked for again, finally receiving the data on May 26th. Without that information, we are basically blind in terms of the Budget preparation.

President Rattner: Mr. Buell, do you have a list of a lot of these, maybe we’ll just put this on in a Workshop. I would recommend, and I think because…if we want answers at the same time that we schedule it for a Workshop. If you have a number of these things that you think you can get answers for, give them the list, so they have some time to explain what it is, maybe it’s some stuff going back and forth, rather than start having a list because I think right now it would be pretty hard for them to respond, you know, one-on-one to each item
President Rattner(cont’d): that you have. This way they know exactly what you’re going to talk about, we’ll all know and we can actually discuss it and allow an appropriate amount of time. I think you’ve made your point. Is that okay with you?

Mr. Buell: Yes.

President Rattner: Okay

Ms. Labow: Are we still on Administrative matters?

President Rattner: I just want to make sure, Mr. Buell, are you finished?

Mr. Buell: Yes.

President Rattner: Okay, thank you. Ms. Labow, I would say the same thing to you if you had a list of fifteen items…..

Ms. Labow: I have a list of three items, but I don’t know if I want it now in Administrative or in Old Business, because it’s old business and it’s administrative, so which way do you want to go with it? It’s administratively old so I will ask it. I would like to know what the status is on the berm for Sunset Drive. I think, at the last meeting we had discussed you had gotten the work up for it, two weeks ago?

Mr. Ruggierio: We got the estimate.

Ms. Labow: The estimate.

Mr. Ruggierio: I immediately authorized Mr. Buczynski to go into design for all of those emergent items and he is doing that as we speak.

Ms. Labow: Great, is there a time frame?

Mr. Ruggierio: He’s not here now so he’s not doing it as we speak but…

Ms. Labow: He left, no, he’s probably driving home.

Mr. Ruggierio: I believe he…we had a Turkey Brook meeting tonight and I’m pretty sure he said that thirty days was his prediction. Is that what you remember, Mr. Buell?

Mr. Buell: Yes, thirty days from the date he has the drawings and he thinks he’s going to have the drawings fairly quickly.

Ms. Labow: Once they get the drawings, is it appropriate to ask this question, is there a time frame on how long it will take to….

Mr. Ruggierio: Well, we draw up, actually we rely on the engineer to draw up bid specifications and then we have to go through the bidding process.

Ms. Labow: The bidding process…so there might be a time when the residents on Sunset are going to have work on both sides of their houses.

Mr. Buell: I believe he did say that it would be completed before the end of the year.

Ms. Labow: Oh, okay that’s great. My next question, I don’t know if I have the facts right so you’re going to have to help me out with this. The ADA grant for the paving at Turkey Brook Park that Kathy Murphy had talked about, we’re going to do sidewalks and paving and so-on-so-forth. What’s the status on that, what’s going on with that?

Mr. Ruggierio: I don’t really know.

Ms. Labow: Alright, the one thing I…when you find out the status of it, I would also like to know the road that goes down to Myers Pond…I had the pleasure, when I got lost there two weeks ago and wandered in the woods for two hours with Dave and Tammy Jones and Laura Szwack…the roadway going down there…it is so dug up and the river…I mean at one point, I think Laura and I were discussing we could practically stand in it and it Ms. Labow(cont’d): would be up to our waist it was so deep. And they had tried to do some remediation work where trying to keep the water from going down there and they put up mounds of dirt, it’s now…the water is now going around there and made new paths…so it’s cutting new paths and so I want to know is there any plans of…we have to really do something for the…you know, Mayor De La Roche, for the $15,000 grant that we’re trying to hold onto, that would be key to get that cleared up.

Mr. Ruggierio: Mr. Lynch reported, at our Turkey Brook meeting, that tomorrow he and Tim Quinn the department head, are meeting with a representative of the Soil Conservation District, so I can imagine that that’s going to be the topic of conversation.

Ms. Labow: If I could be copied on that, I’d like to know…

Mr. Ruggierio: Copied on…I think it’s a meeting, yes.

Ms. Labow: Well, whatever they find out, whatever they decide to do, I’d like to be updated on that because, you know, I’m working up there on the trails and people are going to be coming, they’re going to want to know what’s going on.

President Rattner: Okay….

Ms. Labow: Alright, alright. The last thing I want to ask is for up at the Mall, ITC South, I saw a cave-in again this past weekend, this is the third cave-in I’ve seen up there, and I called the Police and asked them to go out and put cones up, it was pretty substantial, it was rather alarming. What is the status on that? What’s being done?

Mr. Ruggierio: Well, I just looked at…well, the correspondence may have been a little dated, but I just looked at correspondence and wondered the same thing myself. I saw that Mr. Buczynski gave a sort of a deadline to baker…AIG Baker to deal with it. So, I asked for what the status was, so I don’t know, I can’t report to you, but I’ll find out and let you know.

Ms. Labow: Okay, the one I saw this weekend, if you go into the driveway going…if Lowes is on your left and then, I don’t know what it is Bath & Beyond or whatever on the right, and you make your very first right into the parking lot, there is a manhole, you know whatever those things are called for the water/sewers whatever, just before that the road actually caved right in pretty deep, it’s probably about a foot down. So, I was really concerned about that…I know it’s not our property, right?

President Rattner: No, but it is our sewer line, or it goes into our sewers. So, the issue…now, after you’re talking about it, I went up there and looked at it and it is right next to the manhole and it looks like it could be that a pipe caved in, and if a pipe caved in, it means we’re getting debris into the sewer, because they only use six or eight inch PVC pipe up there.

Ms. Labow: Thank you. That’s it, that’s my three.

Mr. Buell: Steve, could I just say one word quickly? You know, also there’s a undermined drain in ITC South that they…that it is now…that I reported to you on…just after Labor Day, and it is now to the point where they commonly put in. It is now sunk down.

President Rattner: Thank you Mr. Buell. Mr. Greenbaum.

Mr. Greenbaum: Yes. I’m just going to run through a list here, Bill. I’d like answers to the following and some of the answers may be no plans at all, okay, and I don’t need them tonight. I’d like you to get back to me rather than me write you 60 memos, I’m going to give them to you, ready?

Status – DPW garage project.
Status – Old Municipal Building project.
Status – Reorganization of the DPW Department.
Status – Timeline for Turkey Brook Park improvements.
Status – Closing of the temporary path at Turkey Brook, the issue related to Sunset Drive and whether or not we’re going to create another path further down the road to alleviate the concerns of the residents.
Status – Rosewood Ditch – Plans, if any, beyond the maintenance project, which has been put in.
Status – Negotiations with the School Board on putting lights on school property related to the baseball issue.
Status – Negotiations with the School Board on access through the B & H tract related to the school referendum.
Mr. Greenbaum(cont’d): And also I’d like to be kept abreast of the status of the negotiations with Washington Township related to the Mine Hill Road issue. Did you get all those? If not, I can call you tomorrow.

Mr. Ruggierio: No, I got them.

Mr. Buell: You’ll get a lot of them from my list also. Rob, in terms of the other path at Sunset Park, that was the answer to the Turkey Brook Development Committee tonight. We’re going to move it down about 35 yards and create a new path on Sunset.

Mr. Perkins: Thank you, Mr. President. My list isn’t real long, but Bill you don’t need your pen because I just wanted to say, you know, in front of all my fellow Council Members, and all here that I’ve never had a problem when I’ve called your office – you’ve either returned my call within that same day or the next day, or I’ve left a message and asked you if I could speak to either the acting Director of Public Works or one of the other department heads and I’ve never been denied access to that and you’ve answered my questions timely. So, without having to send you memos, and everybody does things in their own different way, I like the telephone, it works pretty good for me. I want to thank you and the Mayor for allowing me to be able to have access to some of those questions that the residents are asking. Thank you

President Rattner: You only get three chances, Ms. Labow.

Ms. Labow: Something else came to mind that’s rather important.

President Rattner: Yes, Ms. Labow.

Ms. Labow: Well, on KC Fuel, next to 7-11 on Route 46, I sent that memo and I was complaining about that tarp. That tarp is shredding and I would really…I know that the…Frank Wilpert’s department is out there and they were concerned about the drums, they’re on the property. They weren’t concerned about the gas tanks back there because they were new, but the drums. I would like that tarp taken off as soon as possible.


President Rattner: Okay, moving right along, we’ll move to Old Business. I think we already got the question…. Oh, Mayor.

Mayor De La Roche: I would like to be heard under Administration.

President Rattner: Oh, he said there was no Administrative Report. I’m sorry.

Mayor De La Roche: It says Michael Murphy, as per his request, his candidacy was withdrawn temporarily. I would like to propose another firm. I received a letter: It is my pleasure to have spoken with you, this is addressed to me. Please find enclosed here several brochures which will describe some of the services this firm has provided to various clients over many years. We would like our firm to be considered as Municipal Counsel capacity for the Township of Mount Olive. If there are any questions you, or members of the Council, may have, they may be directed to my attention. We look forward to working with you and to the Council in the future. Signed by Jay Surgent of the firm of Wilentz, Goldman & Spitzer. He sent me a number of brochures which I will give you to leave with.

President Rattner: Thank you, you don’t have to give them now, give them to the Clerk and she will distribute them.

Mr. Greenbaum: Mayor, where are they located? Where’s their office? Woodbridge?

Mayor De La Roche: They have about five or six offices.

Mr. Greenbaum: Where’s their main office, Woodbridge? Woodbridge Center Drive, isn’t it?

Mayor De La Roche: Yes, one of them is.

Mr. Greenbaum: That’s their main office, though, isn’t it?

Mayor De La Roche: One of them is, yes.

Ms. Labow: Yes, that’s what it says on here.

Mr. Greenbaum: Woodbridge Center Drive, okay.

President Rattner: Thank you. Anything else, Mayor?

Mayor De La Roche: No, I would just like to nominate them for consideration by the Council for advice and consent.

President Rattner: Thank you. Now we will move back on to Old Business. Cloverhill availability – I believe that question was answered the best it could be answered tonight. So, we could ask it again and we will get the same answer. So, we will move on. Is there any other Old Business? Mr. Perkins.

Mr. Perkins: Yes, Mr. President, thank you. I have spoken with Gene Buczynski, with the firm of Schoor DePalma, in reference to the sewer ordinance that was there. Gene was speaking to Chuck McGroarty. They will be drafting a revised ordinance to more meet the master plan, as well as all the other Highlands and everything else that’s effecting that. The basic concern in speaking with Gene was…had to do with the dry sewer lines, to understand the Council’s concern that if a development is approved on the Planning Board stage and a package plant such as a Morris Chase or Wyndham Point is required, that the Township wants to gain that asset, such as we do with water and not leave it up to private enterprise, which historically charges the residents of Mount Olive a lot higher sewer fee than our utility does here. So that will be drafted, I believe, in the next few weeks and then we will get that back to the Administration and Council.

President Rattner: Thank you. Any other Old Business? Mr. Perkins, do you have another one after this one, too?

Mr. Perkins: I…yes, this one I’ll probably…the last one I’ll probably save for the other thing. We had discussed the New Jersey DOT and the access for permitting for parades on Route 46 and, as I had commented, that I would directly contacting the DOT, which I did, I spoke to Mr. Paul Hoak, who took Mr. Ron Whiteside’s job, I used to work alongside Ron for some years when I was in the utility business. I also spoke to Mr. William Davis, he’s the Regional Director for Division One, as well as I talked to Carmine Fornicholla, who is the Community Development Coordinator with the State DOT out of Trenton. Mr. Davis informs me that the…it was a suggestion that the Township might want to look down the road at possibly not having the Memorial Day Parade on Route 46, because of traffic concerns, it’s become a much more heavily traveled corridor. Last year the Chief did make a presentation, along with some of his officers, which documented a lot of what was out there, and as we discussed it, I had put the bug in her ear I guess that said well, Monday through Friday I have no argument with you there, I don’t think any of us residents of Mount Olive will ever say that Route 46 Monday through Friday is a joy. Saturday, if you don’t get up early and get to Lowes, then you’re stuck down at the ITC for a while. But, historically, I don’t think, in the sixteen or twenty some odd years that that parade has been going up and down Route 46 at 10:00 in the morning on Memorial Day is a busy time on Route 46 and this year, kind of epitomized by utilizing the manual on uniform traffic control devices and the having uniformed officers with police cars out there, I think everybody did a fabulous job and your men are to be commended, Chief, they did an excellent job out there. The….I has asked her to send us…it was not mandated…that they would be granting permits, and I said well for as much as you can do that, understanding that somewhere down the road, it may be too much of a hazard and the State may want to interject. I also asked, I said how will this affect us with utility openings or doing anything else along the highway where we may have to block a lane and do it, will that also be prohibited? And she said gee, you know, we never really thought of that and I said well, okay, maybe you should think about that because if you’re going to pass something throughout the State that affects so many different Municipalities that have State highways and traverse in, you’re going to be interrupting a lifestyle that, I think, you’re going to have people up in arms. She has agreed to send us a letter, directing it here to my attention at the Council, and then I will make that available for everybody that yes it is only a recommendation and it is not mandated and yes we will be able to have the parade next year. Again, there is never a guarantee that it’s not somewhere going to come down the road that we may have to look at relocating. That’s it, Mr. President.

President Rattner: Thank you. Anybody else on Old Business? Mr. Guenther.


Mr. Guenther: Well, I guess I have to get in on this competition where everybody is trying to trump somebody else, right?

President Rattner: You going to give Mr. Ruggierio a compliment?

Mr. Guenther: I have one concern, I keep hearing about budget sub-committee meetings, I have seen nothing. I don’t know anything that’s going on and I find that very troubling. I just, you know, there has been no communication with the rest of the Council as to what’s going on regarding the budget and then, all of a sudden, you’re going…this is going to be popped on us next week. I find that unacceptable. We’re supposed to approve the budget next week and just out of the blue, just like everything that’s gone on behind the scene…I don’t know what’s going on the scene.

President Rattner: On the first, it was very plain, we said we had had one meeting of an hour and a half to two hours and that’s all we’ve had. We waited for a couple of different things. One was the accelerated tax sale, the other was the discretionary aid. We said we need one more meeting at least to get down to really look at where we’re going to be, where we’re going to get the cuts, so we can put together something that we, you know, looks presentable to the rest of the Council and we would present it and we were going to meet, I said the only time I had in those two weeks was last week because this week I have a very heavy schedule. And the Administrator, I guess, couldn’t find the time. I also, in a conversation, reminded Bill of that last Monday. Jim and I are going to take what we have, we’re going to put it together, we’ll do that over the weekend and get it out to everybody, this is the way we look. We have…people know what they gave us, they’ll see a lot of the things they gave us and some of the stuff, they don’t and then on Tuesday, we’re just going to discuss it as one big group because we really haven’t had much interface with the Administration. We’ve had one meeting, we got some things accomplished, all we did was go over the cumulative list, the cumulative list that everybody gave us. Jim and I put it together, we put it on one list, we had it with the Administration. That was a pretty good meeting, because on a lot of the things that we had on there we got agreement on, but we also had a number of open issues. Now it’s going to be what we, you know, Jim and I are going to come up with from what we have gained knowledge and on Tuesday, because we can’t wait any longer, we’re going to say this is where we were, this is where the agreements we have and these are the different things we think we should go and we will see if we can resolve it on…we’re not going to vote on it on next Tuesday…but we’ll say this is where we are so we can put it into a budget package.

Mr. Guenther: Is that the only thing we’re going to discuss next Tuesday – budget? Or will there be other things on the agenda?

President Rattner: Well, there’ll probably be other things on the agenda, but we’re going to start at 6:30 – that’s why we’re going to start at 6:30. I think we put stuff together and most stuff, you know, the comments, the different amounts, because most of the lists that we got, especially when we got lists department by department weren’t that different between all of us, when we said cut this department by an amount, maybe one person put 22,000, one person put 37,000, we came up with a number. But, we’ll have that, we’ll have it on a spreadsheet, we’ll look at it, say this is where we are, you know and if you need it, we’ll give you back your copies of what you gave us and we’ll go forward. But, we’ve only met once with the Administration since the budget was given to us.

Mr. Elms: I want to strongly second what Bernie said, because all of the Council people have supposedly submitted comments on the budget and what needs to be massaged in that budget and we now have a budget committee of you and Jim, who has not shared the consolidation of those comments with any of the other Council members, supposedly, and certainly not with the Administration. How can you possibly…..

President Rattner: What do you mean, not with the Administration? We said, we did….

Mr. Elms: Steve, I’m talking.

President Rattner: No, wait a minute, you just made a statement that was patently wrong after I just said we met….we said we came to different agreements, we went over everything on that line-by-line, I said we came to pretty good agreement on those items, we did. The Administration knows exactly what we had, we gave it to them in writing, they gave us theirs in writing. That wasn’t something that we didn’t….

Mr. Elms: You did not give out what all the Council people have suggested as changes to the budget, so that we can review them and start at the same level that you’re at to be able to discuss the changes that we’re looking for in the budget. And I think it’s patently unfair if you’re going to try hand this to us Tuesday and ask us to review it as budget changes, it’s a three inch book, Steve, you know as well as I do that that’s not something that can be reviewed in…when you first handed the changes. So, either give it to us, or cancel the meeting and schedule it some other time.

Mr. Greenbaum: Steve, I have to agree with Bernie and Bob and I…since giving in my proposed original cuts, I have significantly greater cuts that I am going to be proposing related to the budget that, you know, I
Mr. Greenbaum(cont’d): think we need significant time to review and to discuss the cuts and next week, I think, is a good place to start discussing those. But, by no means am I finished with the original….

President Rattner: Oh, no, I didn’t say it was, but I think next week with all, you know, the accumulated cuts, I mean this is where the Administration…you know, we had a very good meeting on that, but it was only one. We’ll start there, I think we can finish it off in one night because a lot of the stuff was common to everybody, I mean, where Jim and I spent about five hours and just taking everybody’s and putting it together. One thing I said I wasn’t going to do was at the beginning is start giving everybody else…because some people had something that may have been pretty far out and, you know, those people know what it was, but I said I wasn’t….

Mr. Elms: But now you said you put it together, so why not give it to us?

President Rattner: Because what we had with the Administration is we weren’t going to play one gamesmanship, this is their proposal, this is ours, until we came up with something that we agreed on as the committee and the Administration and say we’ve agreed on this and then bring it back to everybody. That’s what a committee, to deal with the Administration, is supposed to be about.

Mr. Greenbaum: Can I make a suggestion, Steve, I would like to have a list with the budget as to those things which were proposed and agreed upon. Everybody else knows what they had on their list and we can raise them again individually, to the extent that it wasn’t agreed upon, so that the entire committee….I don’t think you need a list of what I put in, all you need is a list of what was discussed and agreed upon and your own original list, to the extent that I’ve identified something which was not agreed upon, that I then have the right to bring it up before the committee, as a whole, to discuss it among the committee of the whole, same as you, same as Bernie, so that we get the list of what was agreed upon and we can at least have a starting point as to where we are.

Mr. Elms: I agree with you, Rob, but what are we going to do, spend the whole day Saturday doing this? I mean, you’re not going to do this in an evening.

President Rattner: Okay, well, that list of the budget proposals, what the Council came up with, what we…where we came to an agreement with the Administration, it’s our agreement, I mean, it wasn’t mine/theirs, will be in your mailbox tomorrow morning, because we do have that. Lisa, I believe…is it in your computer or it is just this?

Ms. Lashway: I have copies.

President Rattner: Oh, okay. Lisa has the copies made, so she has them.

Ms. Labow: I just have two questions, what happened with the extraordinary aid meeting yesterday in Trenton?

Mr. Ruggierio: Well, that’s really what I wanted to comment about. I’ve been advocating that the Council act on what I thought were the agreements, and I don’t want to presume anything and I certainly don’t want to jump into this friendly fight that you’re having about, you know, whether we should do this next Tuesday, but Ms. Jenkins points out that you have the, what we thought, were the agreed cuts in the documentation relating to the accelerated sale that we provided before. We did ask Mr. Higgins to prepare a budget amendment that we had hoped, and again I don’t want to get into an argument with anybody, we had hoped that maybe the Council would adopt those amendments tonight so that they could be advertised and we could move this budget process along. But, I would like to point out that Ms. Jenkins will not be here next Tuesday, you know, for some health related issues, and so, you know, next Tuesday…we’ll try to get by with other staff.

President Rattner: Mr. Ruggierio, just so you know, on June 1st, and I have the minutes – we made it very clear, how we were going to move ahead with the budget. We put out a schedule, we said when we were going to meet, what everybody’s schedule was, it’s very very plain. I then, a couple of days later, I did get a letter from Ms. Jenkins proposing what you’re saying, which was basically they were going to just put together a budget what the Administration felt the Council wanted, even though the Council hadn’t met on it, and go there. That’s when I talked to you when you got back from….I guess it was last Monday after, and I said I didn’t understand the letter, I reiterated that we have one more meeting, because we didn’t want to….the budget was too important to play political games with and we agreed on that, and we were going to…until we came up with everything in a format that we could agree with, at least the frame work of the budget, then we’ll present it to the budget, saying we’ve come to these agreements from everybody’s input and we start working on it from there. For whatever reason, those meetings didn’t come, you know, come together last week, I said I wasn’t President Rattner(cont’d): available now. Right now, I’m going to take what we have and Jim and, you know, the rest of the Council will get it. Jim and I will work a little bit more on it over the, you know, over the weekend and then next Tuesday, we’re going to take what we’ve already discussed that we’ve come to some sort of agreement on those specific items, and we’ll see if we can wrap up most of it. We don’t have to have it in the budget format on Tuesday.

Mr. Ruggierio: Yes. Could I just answer Ms. Labow’s question, because I realize as we’re talking, I didn’t. We had a meeting yesterday with representatives….high placed officials in the local government services and it was clear that we were not going to be receiving extraordinary aid. However, I think the meeting was very useful in the sense that they indicated that, based on our tax appeal situation, that next year might be an appropriate time for us to receive such aid and I think we’ve sort of laid good ground work for that, but that precipitated any…the proposal that we, you know, go forward tonight. I understand why we’re not.

Ms. Labow: So they got a base line right now, so they don’t have to start all over. My second questions, President Rattner, Mr. President, when you do the changes to the budget, is there…I don’t know how you’re proposing to do it, but maybe it might be easier for all of us to identify which changes were made, if you could maybe do a different color or something, so we know that those were the items, is that….

President Rattner: It’s separate worksheets, it’s not on that page, it’s just a separate worksheet department-by-department, we came down with. Jim and I put together a thing by page, by tab number, the expenses that we wanted to see a cut in. Then after discussing with them, believe it or not, sometimes they had a bigger cut than we did. We actually added money someplace like when we talked about the Police Department, because of what we agreed, and we came up, but it was just there. First, we were waiting, and it took us a month to get over the thing with the accelerated tax sale, because, obviously, that would have a big impact, and even it was in the newspaper when Mr. Ruggierio was quoted last week that they were waiting before, that’s probably why they didn’t want to speak to us, because they were waiting for the answer on the discretionary aid. I mean, we knew at the beginning, that it was a very little chance and that’s why on the first we said we weren’t going to wait for it, we were going to go ahead without it, and if we got a big surprise, we would do the extra work to put the $400,000 in, but it wasn’t worth it. But it was just waiting trying to accommodate them because we needed the input, I mean, I know the budget….we could impose any budget we want on the Administration and they have to deal with it. There’s not a heck of a lot they can do, but if they can’t run the programs we want, nobody benefits and that’s why maybe we waited a little bit too long, but that’s just something else. Anything else…are we on old business or new business? New business, right? - we went on to new business. Any other new business? Good. Legal Matters.




Library Board Liaison Report

Ms. Labow: Meeting was postponed until tomorrow night, which I will not be able to attend because my little guy, my baby is graduating from Middle School, eighth grade.

President Rattner: Congratulations.

Ms. Labow: Thank you.

Recreation Liaison Report

Mr. Elms: Yes, we had a meeting to discuss the usual things about the recreation and what was going on at the beach and we also had a report from the High School Student Council Representative who said that they had posted around the High School, in many areas, the fact that they were going to have a meeting to discuss the need for and the desires to have skateboarding. And at the appointed hour, no one showed up, so I think we ought to put the skateboard thing to bed.

President Rattner: Thank you, Mr. Elms.

Board of Health Report

Mr. Guenther: Well, just let me make a quick comment to what Mr. Elms said. That’s news to me and that’s certainly eye opening regarding a skateboard…but we, at the Turkey Brook Development Committee Meeting this evening, discussed that subject, along with others and one of the concerns was that we were discussing things in a vacuum in that we were talking about Turkey Brook, we obviously have to dove tail with what the Recreation Committee was doing. So, I think that the recommendation was for the future, and the skateboard park, by the way, or anything with a skateboard, needs a lot of research and needs a lot of work anyway, in addition to the possible lack of interest at this time. But, what we wanted to do is for the future is to possibly, if our committee gets formalized, to actually have a liaison between the two committees so that we are working in concert with anything that might develop in the future.

Mr. Elms: The Recreation Committee, Jill was to contact the Turkey Brook Park Development Committee and provide what the Recreation needs were before we did anymore things at the park.

Mr. Guenther: Okay.

Ms. Labow: Mr. Rattner, I’m sorry.

Mr. Guenther: Board of Health Report – we did have a meeting, it was very routine, there really was nothing of extraordinary note to report.

Ms. Labow: I just wanted…on the skateboard thing, before we go any further. I did speak to Mr. Wenner, the Principal at the Mount Olive Middle School. He has a really unique group that’s really…the kids have really been coming along, really proactive in getting different things accomplished in a leadership program, and I mentioned the skateboard park to him and he said there was definitely a lot of interest with the kids and what he…we talked about possibly having the kids involved on that level. Of course, we’re at the end of the school year, so in September if we could also work in conjunction with them, it would be a project that he suspected that they would like to take on as far as getting petitions and interests and so-on and so-forth, so just to put on the table in case we want to include that.

Mr. Elms: I believe the Mayor had some conversations with the 7th grade students at the Middle School.

Ms. Labow: Well, that was a little different, Mr. Wenner has a different group and they’re proactive on getting organizations….

President Rattner: Well, the same thing….let’s just make sure it’s all inclusive whatever we do, I mean, you know, you don’t want to waste any knowledge or effort. Anything else Mr. Guenther? Is that it?

Mr. Guenther: Yes, I…really, it was just a very routine meeting, there was nothing unusual to report.

Planning Board Report

Mr. Greenbaum: Yes, Planning Board – June 10…June 17…June 10th meeting, the big application was Shop Rite and the revised plans, which were diminimous in terms of what they were seeking to do, compared to what they had already been approved for, but there was an objector, which was A & P, the Great Pacific Tea Company, and so it made an interesting application. However, of more significance is the 17th meeting, which is Morris Chase – request for an extension of final approval on phase one and that should be well attended and very interesting for those who have an interest in land use and it should be at the end of the meeting.

Ms. Labow: Oh good, because I was going to say Second Street – is that coming up? Woodland Estates, is that coming first, I hope, or did they bump that off?

Mr. Greenbaum: I don’t know, I have a firm event – my firm’s 70th Anniversary is Thursday night, so I’m going to be at that until about 7:30 and then head up to the Planning Board Meeting to catch the Morris Chase discussion.

Mr. Buell: Are you…what are they doing in front of the Shop Rite, are they putting a sign on the bank?

Mr. Greenbaum: Not that I’m familiar with, that’s not…that was not part of their approval plan.

Mr. Buell: Well, it looks like what they’re doing is they’ve taken the trees down, they’ve cut the trees down and they’re putting, I think, it look like they’re preparing that bank to put a sign on the bank itself.

Mr. Greenbaum: You know what, that was not part of their plan and their original plan, which was approved, basically had the signs in the exact same location and of the exact same type as that which Weiss had had and they came in a sought the variance to put up the sixty foot sign, which was denied. And I don’t believe, Mayor correct me if I’m wrong, if you remember…oh, you weren’t there last week…

Mayor De La Roche: Yes, I was.

Mr. Greenbaum: You were there last week. I don’t believe that their amended application dealt with signs at all, did it, Mayor?

Mr. Buell: If they did put one on the bank, how is that going hurt…affect…

Mr. Greenbaum: You know what, it would have had to have been a…I don’t believe that that’s appropriate… I don’t remember, Mayor, do you remember?

Mayor De La Roche: Yes, I think they did mention their signs in their amended application.

Mr. Greenbaum: Did they?

Mayor De La Roche: I think so.

Mr. Greenbaum: But nothing on the bank.

Mayor De La Roche: No, I don’t remember anything at all about the bank, no.

President Rattner: Well, then that’s a zoning issue to see what they’re doing, especially if they’re cutting down trees.

Mr. Greenbaum: Well, you know what, they could be putting in shrubbery to make a sign…

Mr. Buell: I suspect that that’s…..

Mr. Greenbaum: Right, which probably would not be a sign under our ordinance and it’s, you know what…

Mr. Buell: I think, in fact, there is going to be two of them. There’s going to be one right at the corner and I think one that will show up on 206 behind the two buildings, or at least that’s what it looks like they’re preparing to do.

Mr. Greenbaum: I can find out for you for the next meeting, I’ll ask Chuck.

Mr. Buell: Yes, could you?

Mr. Greenbaum: Yes.

President Rattner: Anything else, Mr. Greenbaum?

Mr. Greenbaum: No, that’s it.

Board of Adjustment Liaison Report

Mr. Perkins: Nothing to report.

Open Space Committee Report

Mr. Elms: I wasn’t able to meet…to go to the meeting last night, but maybe Laura can fill us in.

President Rattner: I think she’s going to fill us in a little bit in a little while. Thank you. Any kind of Legislative Report?

Legislative Committee Report

Mr. Elms: Yes, as a matter of fact I do have a legislative report. At our March 23rd meeting, Mr. Rattner made a special statement chastising me for violating Robert’s Rule of Order by changing my seat location without his Mr. Elms(cont’d): express permission, as required by Robert’s Rules. He also stated that we must observe those rules to maintain proper order of the Council Meetings. In response to Mr. Rattner’s tirade, I reviewed an older book of Robert’s Rules and purchased the current copy of the Rules. Try, as I might, I could not find any reference to seating in either book or the Chair’s right to assign seats, but what I did find were several Robert’s Rules that this Council consistently violates, as follows:

1. Robert’s Rules page 42 states that the presiding officer must never interrupt a speaker simply because he knows more about the subject matter than the speaker does.

2. Roll Call Votes on page 406 state that roll call is called in alphabetical order, except that the presiding officer’s name is called last and only when his vote will affect the result. This precludes the need for assigned seating.

3. The Chair cannot depart from the prescribed order of business which only the assembly can do by at least two-thirds vote.

4. The presiding officer only votes but is not obligated to whenever his vote will affect the outcome, page 382.

5. If the presiding officer is a member of the society, he has, as an individual, the same rights of debate as any other member, but the impartiality required of the Chair in an assembly precludes his exercising these rights while he is presiding.

There are more, but these seem sufficient to clear up some misinformation. So, I went to further guidance to our Township Administrative Code, which does not have any of the references to Council seating, but I found the following rules we regularly violate:

Paragraph 106C states that we should be holding our meetings at the old Municipal Building on Route 46.

Paragraph 110 states the agenda for each regular meeting shall include only such matters of Council business as have been considered at a previous conference session.

Paragraph 113B states the reverse of Robert’s Rules. The rules require two thirds of votes of council to change an order of business and 113B states it takes two thirds of votes of council to override the president of the council.

Paragraph 118B allows the Chair to participate in debate. This contradicts page 382 of Robert’s Rules that states the Chair should not participate in debate in order to maintain impartiality.

There are many other inconsistencies between Robert’s Rules and our Administrative Code and the Faulkner Act, which I will address at a later date under my responsibilities on the legislative committee. Thank you for your attention to this matter and I apologize to the public for taking up their time to resolve such a trivial matter previously raised by the Chair.

President Rattner: Thank you Mr. Elms.

Mr. Elms: You’re welcome.

President Rattner: I don’t know how this is legislative committee, but we’ll accept it.

Pride Committee Liaison Report

Ms. Labow: They met this evening, but I was working, so I have nothing to report.

Board of Education Liaison Report

Mr. Buell: I did not make the meeting.

President Rattner: I made the last part of the meeting, they did have their...honoring their teachers and
administrators and such, of the year, I guess the big thing is still on the agenda what they’re doing now, as
they’re going into the summer months is planning on the new construction. They’re in the stage now where
they’re dotting all the I’s, crossing the T’s, getting everything ready, starting to look at modifications, now they
see what fields are not going to be used, traffic flow, among the other things, you know, obviously, one of the
President Rattner(cont’d): big projects is still looking at getting approval for their access road, so that’s what
they’re doing now and, you know, they’re just getting ready for the summer, which is actually the start of their
planning for the fall season. They will also be doing a certain amount of maintenance at the other schools and
planning that, because the schools are used for different functions during the summer and programs.

Lake/Environment Issues Committee

President Rattner: I had a prior commitment, I couldn’t make the meeting last Thursday. Ms. Lashway, you attended that meeting because you’re a member of the Lake Committee.

Mrs. Lashway: This is a different committee. This is the committee that meets with the Administration.

President Rattner: I know, but we also use that….when you say Lake and Environment, we also take about the lake issues, so…was there anything that they brought up, since they are some of the common members.

Mrs. Lashway: They’re working on the dock ordinance and will be back very soon with it – trying to get it into place before the fall.

President Rattner: Yes, why the dock ordinance, as I reported a meeting or so ago, was when we did our spring clean-up. We had major portions of dock; 10 by 10 pieces of lumber that couldn’t be lifted, that they needed the road department to go, which was a very big help, on Monday and actually pull the stuff and get it carted away. The trucks that we had, that the Township had provided, were not big enough to pick up some of the pieces. So, obviously, it is something we have to address.

Safety Committee Liaison

Mr. Guenther: There has been no meetings since last time.


President Rattner: Okay, now we come to the final public portion of the Council Meeting. Anybody from the public will be able to address the Council on any issue, yes sir.

Nelson Russell, Budd Lake: I apologize, but when it came time for the public portion on the Consent Resolutions, I was celebrating with the Fire Department and missed that, so this is my next opportunity. Number 14, having to do with requesting the DOT take a look at Route 46. The resolution is incomplete in that paragraph two says the Township is hereby specifically requesting a study of the following three intersections: and there are no intersections listed. Now, that’s already been approved, I don’t know what we do at this point.

Mr. Guenther: Mr. President, well I think when you look at the title of it, it was to review, and I thought we were voting on, to conduct the corridor review of Route 46 from the intersection of 80 to the Hackettstown border, which was specifically included from the safe corridor designation and that was the reason for us putting this resolution in. So, I don’t know why clause #2 was put in there, you know, those three intersections because we’re asking a review of the whole stretch of road, so….

President Rattner: Okay, let Mr. Ruggierio…because I believe this resolution came from his office.

Mr. Ruggierio: Yes, we had a meeting with the DOT people and Gene Buczynski specifically identified these three intersections and I don’t…I would be unable to adequately describe them…maybe if they are, in fact, missing from the resolution, we could have a motion to insert the three intersections that are contained in Gene Buczynski’s letter, if that would be acceptable.

President Rattner: Do you have a letter, or something, that we can refer to rather than just say that you’ll put in later. We can’t pass a resolution like that.

Mr. Ruggierio: Well, maybe, Ed, do you remember the intersections?

President Rattner: Let’s not just do it that way, let’s just…we’ll correct it at the next meeting.

Mr. Russell: Should we rescind this resolution then and bring it up at a future meeting?

President Rattner: Anybody want to rescind it?

Mr. Guenther: I hereby move the rescind Resolution #14 as written.

Ms. Labow: Second.

President Rattner: Okay, anybody from the public like to comment on that? Mr. Scapicchio.

David Scapicchio, Mount Olive Township: When Jerry Sheard got up here, I was a bit surprised to hear him suggest….

President Rattner: This is on this resolution…

Mr. Scapicchio: Oh no…I’m sorry.

President Rattner: It’s okay, just stay right there because we’re doing this…this came up in the public session, then we’ll just do it. This was just on the resolution. Okay, any other discussion? Anybody else from the public? Roll Call.

ROLL CALL Passed Unanimously – to Rescind
Mr. Greenbaum – No, just fix it

President Rattner: Thank you very much. Okay, Mr. Scapicchio.

Mr. Scapicchio: I apologize. When Jerry Sheard got up talking about the Library, I was a bit surprised when he suggested that the construction manager has, I guess informally suggested that he may come back for some additional funds towards his construction management contract. It’s my understanding when I was there in 2003, that the Library entered into discussions and a contract that was a lump sum for Mr. Scott Ayers; and, although that lump sum may have been $120,000 or $150,000, it was based on his timeline of the construction. But, regardless of how long the construction of that project took, his fee was for a lump sum and I think that this Council and the Administration, who wasn’t here at that time, I know Sherry was on the Library Board at that time and I’m certain she recalls those discussions. He needs to really look at that and needs to look at that close. There’s two months left, I think you need to address that sooner, rather than later.

Ms. Labow: Mr. Scapicchio, we also discussed it here at the Council Meeting a couple of months ago…the same exact issue that what’s going to happen is the project is not done and he’s paid in full, is he going to walk off the job and we were assured that he was committed to stay on, so I didn’t make a bigger issue of it earlier, because I figured I’d wait and see if he actually comes up with asking for more money and then bring it all up, but….

Mr. Scapicchio: Well, Colleen, the way these things happen, they sort of jar that door open a little bit, they stick the second foot in there a little bit and all of a sudden you’re at the end of the road and you’ve got a choice to make and I think you need to make that choice now. And there is no question in my mind, and you can speak to others who were at that meeting, that Mr. Ayers made a commitment that it was a lump sum, the payment schedule was based on the construction timeline that he laid out and it was twelve or fourteen months, I forget what the exact timeline was, but he assured us that there would be no additional fee for his services.

Ms. Labow: And we had that whole conversation here, too just about two months ago, right?

President Rattner: Thank you, Mr. Scapicchio, anybody else from the public like to address the Council?

Dave Jones, Route 46, Budd Lake: Just a quick question. I noticed there is a $900,000 on the bill list, who was that made out to?

Mr. Dorsey: It is the payment in court…to answer your question specifically, it is a check made payable to Clerk of the Superior Court. It has to do with the acquisition of the so-called Smith farm tract of 103 acres.

President Rattner: When we were going over the bill list, the CFO mentioned to us that there was an amendment…that they voided the check because it had the wrong name on it and they replaced it, and so we had a separate sheet up here that showed the replacement check.

Mr. Greenbaum: Yes, we didn’t let Mr. Dorsey book his flight at all, so…

Mr. Jones: And just one note as far as Library Board Meetings, they are open public meetings and the public is invited, that includes Mr. Scapicchio, so…and tomorrow night is the meeting, it starts at 8:30 at the Library. That’s it.


President Rattner: Anybody else from the public like to address the Council. Seeing none, I’ll close the public portion and go to final Council Comments. Remember we have an Executive Session to discuss negotiations after we do this.

Mr. Buell: None

Ms. Labow: Very quick. Did the Relay-For-Life this weekend for Cancer Walk and it was particularly very emotional for me because my Grandmother, who just passed away three weeks ago, had survived cancer and then died falling down the stairs and I lost my Sister two weeks later…but I have to say that this weekend was an absolutely fantastic wonderful weekend to see thousands of people together, to see the High School all around the baseball fields, to just watch these tents just pop up all day and everybody coming and walking and it was like so much fun and I just…next year, if they have it again, which I hope they do, I just hope everybody in Town joins in with it. Thank you.

President Rattner: Thank you, Ms. Labow.

Mr. Elms: Nothing

Mr. Guenther: I would just like to make a comment regarding Legislative Committee. I was on that the last couple of years and we did have some substantive meetings with the State, with our Legislators, and I believe that’s the purpose of the Committee. I also believe that now, with the issues that we have regarding traffic on Route 46, it’s time to try to activate that Committee and arrange another meeting with…now that the Highlands Legislation is behind them, I guess they’re going to vote on the budget within the next couple of weeks, that we should try to arrange another meeting and really make our feelings felt regarding the two corridors, 206 and 46 and the issues there, with our Legislators and the Legislative Committee should be, you know, activated again for that purpose.

President Rattner: Thank you Mr. Guenther. Ms. Lashway, do we have a file…do we have anything on that last meeting we had, I guess it was what – about two years – two and a half years ago that Mr. Guenther formed… actually got all our Legislative representatives in one meeting and a representative from DOT….

Mr. Guenther: Yes, in fact, some things came out of that, I mean, they put those rumple strips on 206, they did the turn-off lane at Bartley-Chester Road, you know, with the arrow so that the traffic could go by. There are other issues on 206, for example in front of the malls, that need to be addressed, speed limit and so-forth…

President Rattner: I was just asking if the Clerk could find the files, to give that to Mr. Elms so he can see what was already done. We don’t want him reinventing the wheel. Anything that we did and how we put it together, he should have so it would make it easier and more effective. That’s why I was asking and the Clerk could look, because I believe we had some correspondence, we had some follow-up lists about who was going to do what at the time. Thank you. Anything else, Mr. Guenther?

Mr. Guenther: That’s it.

Mr. Perkins: Thank you, Mr. President. I have two things that kind of blend together here, very quick. I want to say thank you to Jim Lynch and the group, as well as through the Administration for the war memorial, that when President Reagan had passed away and the Executive Order was put through, I know that Mr. Lynch and the acting DPW Director, as well as, I guess, you know, Mr. Ruggierio were on top of that. The flag was lowered to half staff and we appreciate that and I want to thank the Mayor for putting together the memorial service for President Reagan, it was thoughtful, thank you.

President Rattner: Thank you, Mr. Perkins.

Mr. Greenbaum: I saw the most amazing thing the other night, I had to go out to the store, it must have been 12:30, 1:00 in the morning, I think it was Wednesday night last week. So, I ran over to 7-11, which I knew would be open, and lo and behold I looked to my left as I got out of the car and in the Fleet Bank parking lot there were 30 kids skateboarding at 12:30, 1:00 in the morning. So don’t tell me there’s not an interest in town. That’s it.

President Rattner: Thank you, Mr. Greenbaum and I have no comments. Somebody want to move that we go into Executive Session to discuss negotiations. I see Gene Buczynski left so we’re only going to be…we’re not going to be talking about Conti, we’re only going to be talking about the Open Space Issues, right? Okay, I just wanted to make sure so I know where we’re heading. So, somebody want to move that we go into closed session?

Mr. Perkins made a Motion to go into Executive Session and Ms. Labow seconded the motion. All in favor, none opposed (10:28 pm).

EXECUTIVE SESSION: Open Space Issues Negotiations

Motion to go into Open Session at 10:40 pm made and seconded. All in favor, none opposed, the Meeting was opened to the Public and adjourned at 10:41 pm.


Steven W. Rattner, Council President

I, LISA M. LASHWAY, Township Clerk of the Township of Mount Olive do hereby certify that the foregoing Minutes is a true and correct copy of the Minutes approved at a legally convened meeting of the Mount Olive Township Council duly held on August 24th, 2004.


Lisa M. Lashway, Township Clerk







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