Mount Olive Township Council Minutes
December 5, 2000

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

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

ROLL CALL: Present: Mr. Heymann, Mr. Scapicchio, Mrs. Kelly, Mr. Spino, Mr. Rattner

Absent: Mr. Guenther, Mr. Sohl

Vice President Rattner: Mr. Guenther and Mr. Sohl have other commitments this evening. I would also like to acknowledge the attendance of the Mayor, Paul Licitra; the Business Administrator, Sandy Kaplan; the Township Attorneys, John Dorsey and Peter King; and Township Clerk, Lisa Lashway.

PRESENTATION & PUBLIC HEARING Application for Franchise Renewal of Municipal Consent for Comcast Cablevision of Northwest New Jersey, Inc.

Vice President Rattner: We have postponed this Public Hearing, there was a problem with the advertisement so it will be rescheduled in the near future.

ADMINISTRATIVE REPORTS

Mayor Licitra: I have a Proclamation I would like to read into the Record. I felt this was appropriate because we are a Township of Volunteers and I would like to acknowledge all their efforts.

Proclamation - International Year of Volunteers

WHEREAS, the Year 2001 is the International Year of Volunteers, challenging every country and every community to promote, recognize, and celebrate volunteer service in its own way, and

WHEREAS, the outcomes of the year shall be that more people will volunteer and more government, nonprofit and private sector partnerships will engage new volunteers to help alleviate social problems, and

WHEREAS, volunteers in this community have selflessly helped to address many of the needs of our town and to make it a special place in which to live and work

NOW THEREFORE BE IT PROCLAIMED, that I, Paul R. Licitra, Mayor of Mount Olive, along with Volunteers For Morris County recognizes and congratulates the volunteers in our town, encourages residents to volunteer in the community and proclaim the Year 2001 as the International Year of Volunteers.

Vice President Rattner: Thank you, Mayor, any other Administrative Reports?

Mr. Kaplan: I just have one. I wanted to advise the Governing Body–and I think you got a copy of a letter from the Attorney Lawrence J. Fox, representing the buyer of the Route 206 Condo Unit. It seems for various reasons, outlined in his letter, the sale will not be going forward. I had spoken to the Real Estate Agent, we’re, obviously, going to be putting it back on the market, and we are looking for alternative uses for that particular condo unit. We’ll keep you abreast of developments as they go on. I guess, John, we’ll have to rescind the Resolution that we passed at the last meeting?

Mr. Dorsey: I guess, because they don’t even want to negotiate.

Mr. Kaplan: I got that impression also.

Mr. Dorsey: I think what we have is an unhappy condominium association that doesn’t really like us to sell it.

Vice President Rattner: Sandy, is this the same office that found the last buyer? If it is, I would suggest we find somebody else, because he’s not doing his job finding out what the limitations are. Things like the air-conditioning, the plumbing, things like that. He should know what he’s selling. This is the second time around. We don’t want to keep going through this.

Mr. Kaplan: I think it was a lack of communication. I wasn’t even aware of it until he called me about it. I had to go check with Buildings & Grounds to confirm it. They share a common furnace and the HVAC is provided through the Condominium Association. I found that all out after the fact. I agree with you, it should have been know upfront when the offer was originally made. But, we’re going to put it back on the market. In the meantime, we’re also looking at an alternative use for the unit. We may wind up using it for some of the storage.

Mr. Dorsey: I don’t know that this will soothe your feelings, but you must remember the unit cost you only $650, my fee for In-Rem Tax Foreclosure.

Mr. Scapicchio: I’m not sure I want to get used to using that facility for storage on a long term basis. I think if we start to use it on short term, it will inevitably turn into long term, and I prefer not to use it as storage.

Mr. Heymann: Well, we’re having a little problem with the tenants there. I think putting it in as a storage place, they’d be leaving the windows open, it might quickly get the Association to think about letting us sell it. Sometimes it’s fair play. If they’re not going to join us and help us sell it, then I’m not going to be overly friendly about what we do down there. It would be nice to get rid of that thing, and they’re making it difficult.

Mr. Kaplan: Well, it’s approximately 2200 square feet, and we’ve been looking for some area that we can possibly use to move things around and possibly set up a dead storage area for a short period of time–maybe a six month period of time. As far as I know, right now speaking to the Realtor, there is no one else interested in that particular location. So we’re going to have to rework it.

Vice President Rattner: Thank you, Mr. Kaplan.

LEGAL REPORTS: NONE

APPROVAL OF MINUTES OF PREVIOUS MEETINGS - R. Heymann

S November 28, 2000 CS (Present: Mr. Spino, Mr. Scapicchio, Mr. Heymann, Mr. Guenther, Mr. Sohl; Absent: Mr. Rattner, Mrs. Kelly)

Mr. Heymann moved for approval of the Minutes and Mr. Scapicchio seconded the Motion.

ROLL CALL: Passed by the majority, Exceptions: Mrs. Kelly and Mr. Rattner ABSTAINED

CORRESPONDENCE

Letters From Residents - none

School Correspondence - none

Resolutions, Ordinances, Correspondence from other Towns

1. Ordinance received November 27, 2000, from Washington Township Regarding Land Use.

League of Municipalities

2. Legislative Viewpoint received November 29, 2000, from the New Jersey State League of Municipalities regarding S-940/A-2371, on the Transfer of Mining and Quarry Operations to the Department of Labor.

3. Letter received November 29, 2000, from the New Jersey State League of Municipalities regarding the final draft of the State Development plan.

COAH

4. November 2000 Newsletter received November 27, 2000 from Council on Affordable Housing.

Correspondence from Cable Networks/Utilities

5. Letter received December 1, 2000, from Comcast regarding a change in channel.

Correspondence from Legislative Representatives

6. Letter received November 27, 2000, from Governor Christine Todd Whitman regarding approval for Municipal Aid for the resurfacing of Cory Road.

Notices

7. Notice received November 27, 2000 from the Township of Roxbury regarding Notice of Hearing from the Planning Board.

Vice President Rattner stated that we had received seven items of correspondence and asked Council if there were any comments on same.

Mr. Spino: On #2, I would like some more information on this quarry operation. I’m not really clear on what’s going on. I want to make sure the Town is going to be protected. My understanding it’s going to be transferring the controlling of the mines, quarrying to the Department of Labor.

Vice President Rattner: Which wrote the specs based on what the aggregate industry wants.

Mr. Spino: That’s what I’m saying. We don’t want that. Since we have large operations in Town we should make sure the Township is protected. If that’s what it is, we should get a copy of it.

Mrs. Lashway: I think we have done a Resolution opposing this.

Vice President Rattner: Yes.

Mr. Spino: I want to make sure. Because what I saw, it’s going to be coming up again for a vote.

Vice President Rattner: Okay.

Mr. Scapicchio: As long as we’re talking about this–what’s happening with the quarry in Mt. Olive and the reclamation plan that was supposed to be forthcoming.

Mr. Spino: Did we not give them a reprieve until they got out from being under water?

Mr. Scapicchio: No, we did not.

Mr. Dorsey: I think you have to send a memo to the Planning Board asking what the status is because it had to go back to the Planning Board. That’s where they had to start processing their application. You gave them a waiver that they didn’t have to have the approval from the State as to the water diversion if they had made the application so they could then proceed.

Mr. Scapicchio: Lisa, could we follow up on that, please?

Mrs. Lashway: Yes.

Mr. Scapicchio: Thanks.

Mr. Spino: The other one is to find out if anyone from Chuck’s Office, or anyone is going to the Meeting about the State Master Plan. Since we are really interested in making sure that the Town can be protected through that plan as part of our focus.

Vice President Rattner: Mayor, Mr. Kaplan, you got Earl’s comment to make sure that we’re represented at the final Public Hearing in Morris County for the State Plan? I believe it’s the first meeting in January.

Mr. Kaplan: Yes, I got the correspondence.

Vice President Rattner: Earl’s comment was to make sure we’re represented. Okay.

ORDINANCES FOR PUBLIC HEARING

Ord. #46-2000 Bond Ordinance Providing for Various Capital Improvements of the Township of Mount Olive, in the County of Morris, New Jersey, Appropriating the Aggregate Amount of $360,000 Therefor and Authorizing the Issuance of $342,000 Bonds or Notes of the Township to Finance Part of the Cost Thereof. (computer upgrade and refurbishing of Budd Lake Fire Ladder Truck)

Vice President Rattner opened the Public Hearing on Ord. #46-2000

Vice President Rattner closed the Public Hearing on Ord. #46-2000

Mr. Heymann moved for Adoption and Final Passage on Ord. #46-2000 and Mr. Scapicchio seconded the motion.

ROLL CALL: Passed Unanimously

Vice President Rattner declared Ord. #46-2000 as Passed on Second Reading.

Ord. #47-2000 An Ordinance of the Township of Mount Olive Banning All Unregistered, Unlicenced Vehicles and ATV’s from Turkey Brook Park.

Vice President Rattner opened the Public Hearing on Ord. #47-2000

Mr. Al Weiner, Flanders Crossing: Just reading it here, I thought maybe it was a typo. Aren’t you missing a couple of things? This means anybody with a registered vehicle can drive in there. Technically, is what you’re saying.

Mr. Dorsey: No, even technically, that’s not what we’re saying. We’re saying who cannot drive on there.

Mr. Weiner: But my blazer is registered. So, I can go drive there.

Mrs. Kelly: That’s one of the problems that we have there.

Mr. Dorsey: Well, that’s another aspect that we didn’t address in this Ordinance. That’s another aspect that can be addressed.

Mr. Weiner: It should be totally closed to any motor vehicles other than authorized is really the way it should be worded.

Vice President Rattner: The park has been posted with No Trespassing, right?

Mr. Spino: Yes, it is.

Vice President Rattner: And the park is basically closed except for construction.

Mrs. Kelly: I don’t believe it is closed.

Vice President Rattner: It’s posted.

Mrs. Kelly: In front of the gravel road, but not in other parts of the park.

Mr. Weiner: They’re working on the park across the street from us and there are signs that say, “Park Closed” and they’ve been practicing soccer, there are people parking in between the trucks going in and out. I mean, not to be funny, but it’s just worded badly.

Vice President Rattner: This was done primarily just for the people using it for their dirtbikes. Things like that. We tried cutting it off for traffic before, but a dirtbike would just come through the woods.

Mr. Weiner: Okay, but people four-wheel-drive with bigger trucks too.

Vice President Rattner: Is there anyone else?

Mr. Bonte: In continuation of what we just heard, what if one has a legally registered dirtbike?

Vice President Rattner: It says, “all ATV’s.”

Mr. Bonte: A dirtbike is not an ATV.

Vice President Rattner: In my book it’s considered—

Mr. Bonte: No, it’s not.

Mr. Scapicchio: I think the point is, we want to make sure all motor vehicles are kept off.

Mr. Bonte: Yes. It sounds like somebody went through a great attempt here to make this sound official, but you’ve really not covered a whole host of things that can ride around up there that will bypass this Ordinance.

Mr. Scapicchio: Aren’t we really trying to say that we want to prohibit all motor vehicles licensed or unlicenced from Public Parks, except as authorized in the appropriate parking for legally licensed vehicles.

Mr. Dorsey: There is an existing Ordinance. Does the existing Ordinance address–

Mrs. Lashway: It’s not an existing Ordinance specific to Turkeybrook.

Mr. Dorsey: What about to parks generally?

Mr. Spino: Public property?

Mr. Dorsey: The only thing I know, when we discussed this up here three times, you all only discussed these types of vehicles to be specifically prohibited. Off the top of my head, I’m not sure why you only discussed those. Perhaps other vehicles are simply prohibited via omnibus Ordinance dealing with all of the parks.

Mr. Scapicchio: You’re right, John, this was what was discussed and nothing else. But, the Public is now offered some–

Vice President Rattner: But we’re going to allow–when the park is open, when we have parks, we allow licensed vehicles to go in there. Regardless, we don’t want anything off the road. But licensed motor vehicles will be allowed. If you want to go up there on a motorcycle and watch a soccer game, you’ll be allowed to drive in there. We don’t want any unregistered vehicles because there is no reason for an unregistered vehicle because it is not a recreation area for those types of vehicles.

Mr. Dorsey: Then you’re going to have to do an Ordinance saying licensed vehicles are permitted but only where authorized.

Mr. Scapicchio: Maybe that’s what we should do.

Vice President Rattner: But we should still put this in, get this on the books, and then we’ll have to put that on for a future workshop. All right, any other comments from the Public?

Vice President Rattner closed the Public Hearing on Ord. #47-2000

Mr. Scapicchio moved for Adoption and Final Passage on Ord. #47-2000 and Mr. Heymann seconded the motion.

Mrs. Kelly: How are we going to make the Public aware of these prohibited vehicles?

Mr. Scapicchio: Signage.

Mr. Dorsey: The Administration will post signage.

ROLL CALL: Passed Unanimously

Vice President Rattner declared Ord. #47-2000 as Passed on Second Reading. And thank you to the Public for bringing up the other issues, we’ll be addressing that in early January.

ORDINANCES FOR FIRST READING (December 19, 2000 Public Hearing Date)

Ord. #48-2000 An Ordinance of the Township of Mount Olive Amending and Supplementing Section 400-46 Entitled “Fire Lanes” of the Code of the Township of Mount Olive. (Parkade Shopping Center)

Mrs. Kelly moved that Ord. #48-2000 be introduced by title and passed on First Reading and that it be scheduled for Adoption after a Public Hearing on December 19, 2000 at 7:30 p.m. Mr. Scapicchio seconded the Motion.

ROLL CALL: Passed Unanimously

Ord. #49-2000 An Ordinance of the Township of Mount Olive, County of Morris, to Amend and Supplement Chapter 400 Entitled “Land Use” to Provide Regulations for Stream Corridor Buffers.

Mr. Spino moved that Ord. #49-2000 be introduced by title and passed on First Reading and that it be scheduled for Adoption after a Public Hearing on December 19, 2000 at 7:30 p.m. Mr. Heymann seconded the Motion.

ROLL CALL: Passed by the majority, Exception: Mr. Scapicchio ABSTAINED

Ord. #50-2000 An Ordinance of the Township of Mount Olive Establishing Fees or Rates for Off Duty Police Officers.

Mr. Heymann moved that Ord. #50-2000 be introduced by title and passed on First Reading and that it be scheduled for Adoption after a Public Hearing on December 19, 2000 at 7:30 p.m. Mr. Scapicchio seconded the Motion.

Mr. Scapicchio: Sandy (Kaplan) do these revised rates reflect the total cost including health coverage, retirement–

Mr. Kaplan: Administrative costs are all established in here, yes.

Mr. Scapicchio: Okay.

ROLL CALL: Passed Unanimously

Ord. #51-2000 An Ordinance of the Township of Mount Olive Establishing a 25 mph Zone on a Portion of Wolfe Road Between its Intersection at Kings Arrow Road to its Intersection with Flanders Drakestown Road.

Mr. Scapicchio moved that Ord. #51-2000 be introduced by title and passed on First Reading and that it be scheduled for Adoption after a Public Hearing on December 19, 2000 at 7:30 p.m. Mr. Heymann seconded the Motion.

ROLL CALL: Passed Unanimously

Vice President Rattner: Next on the Agenda is the Consent Resolutions. For people who have an earlier version of the Consent Resolutions, #7 and #8 have been removed because we have not received them. Also, on the non-consent, I’m going to use my prerogative and add on the request from Commerce Bank to consider allowing them work on weekends.

Mr. Scapicchio: I don’t have a problem with that. The only thing I would like to make as a requirement of Commerce Bank is that they–

Vice President Rattner: But that’s on the non-consent, so we’ll discuss it at that time.

Mr. Scapicchio: Okay.

Vice President Rattner: Is there anyone on the Council who would like to discuss any of the consent resolutions?

Mrs. Kelly: I would like to take #6 off the Consent.

Vice President Rattner: Okay. Any other comments?

CONSENT RESOLUTIONS AGENDA:

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

1. Resolution of the Township Council of the Township of Mount Olive Reducing the Number of EDU’s Assigned to St. Jude’s Church, Block 3807, Lot 1 and Block 3807, LOT 2 for Sewer Assessment and Sewer Annual Charges. (correcting 11/28/00 resolution)

2. Resolution of the Township Council of the Township of Mount Olive Supporting an Amendment to the Morris County Regional Emergency Deployment System (MCREDS) Agreement.

3. A Resolution Authorizing a Change Order to the Contract with Mount Hope Rock Products, Inc. for Bartley-Drakestown Road Improvements.

4. Resolution of the Township Council of the Township of Mount Olive Authorizing a Dedication by Rider for Off-Duty Police Services.

5. Resolution of the Township Council of the Township of Mount Olive Authorizing the Release of Performance Guarantees Posted by Woodmont Builders at Mount Olive, LLC (Bennington Chase).

Mrs. Kelly moved for approval of the Consent Resolutions and Mr. Scapicchio seconded the motion.

Vice President Rattner: Anyone from the Public wish to address the Consent Resolutions?

ROLL CALL: Passed unanimously

6. Resolution of the Township Council of the Township of Mount Olive Approving the Camp Pulaski Site as a Wood Recycling Center.

Mrs. Kelly: I’m happy to see that it includes the whole wetland delineation and that they have an updated Township map, but I’m a little concerned about just giving them the broad statement, in the last “NOW THEREFORE BE IT RESOLVED” where it says, “to include Class B wood recycling.” I want to make perfectly clear that that does not include the wood palates. I know we discussed it, but this Resolution doesn’t really address that. Just by reading “Class B, wood recycling” I think that’s too broad. I’d like to see it more specific, what they cannot include.

Vice President Rattner: This Resolution is just authorizing the Administration and the Mayor to enter into an Agreement. Mr. Kaplan, the Agreement we got, wasn’t that removed? The Agreement that we’re authorizing you to sign excludes palates.

Mr. Kaplan: Yes, we had negotiated that on-site. I was there and they agreed to remove that.

Mrs. Kelly: I would almost like to see it attached to the Resolution. I just feel uncomfortable that we’re just calling it a Class B–

Mr. Rattner: I would ask that the Business Administrator provide you with a copy of the Agreement. Remember, we’re just authorizing to sign it. I know it was taken out. In fact, I think he gave us that on there.

Mrs. Kelly: I know we discussed it. I just want to make sure that it’s not allowed to be put back in it.

Vice President Rattner: Well, that would be in the Agreement.

Mr. Spino: If the Business Administrator has that in writing, it’s part of his agreement with the County. The only way we’re going to find out is if we get someone who tells us, or if we go up and check. We could do that, too. I think that would be okay.

Mr. Kaplan: This is a letter from the Morris County Solid Waste Advisory Council dated October 30, 2000, to us. It says specific changes in the application include the deletion of stumps as an acceptable material, and the deletion of pallets as an acceptable material as long as there are concerns with potential dangers posed by the Asian Long Horned Beetle. So, that is in writing from them to us.

Vice President Rattner: And you have a copy of their Permit Application which shows it’s been taken out. Right?

Mr. Kaplan: Yes.

Vice President Rattner: Okay. I think we’re covered. Again, Mrs. Kelly, this is just authorizing them to sign the Agreement. Any other discussion?

Mr. Scapicchio: This Resolution doesn’t refer to that document. So, if we’re going to abide by the language in that document that Sandy just referred to, then that document should be referred to in this Resolution.

Vice President Rattner: Can we incorporate that letter?

Mr. Dorsey: I didn’t get anything like that–I didn’t get these exclusions. I think I was told very specifically to include the two recommendations.

Mr. Scapicchio: John, why can’t we just incorporate a reference to that letter that Sandy referred to?

Mr. Dorsey: That’s okay by me. So, it’s “Class B, excluding pallets.”

Mrs. Kelly: And stumps.

Mr. Dorsey: All right, why don’t we just say that in the Resolution.

Vice President Rattner: Could you add a “WHEREAS”and include that.

Mr. Dorsey: All right. It will read, “...include a Class B Wood Recycling Center, but not to include wood pallets or wood stumps...”

Mrs. Kelly: Okay, now I’ll vote for it.

Vice President Rattner: I now open this to the Public.

Mr. Bonte: Could you explain to me exactly what this operation is, what they’re proposing doing?

Mrs. Kelly: They’re going to bring in construction material, and other, and chip it on site, rather than just the recycling–

Vice President Rattner: Not “construction material.”

Mr. Kaplan: I believe what they’re going to do, they’re going to use the site–the trees, etc. that are damaged \as a result of storms, etc., will bring them on site here and chip them.

Mr. Spino: Right now they compost leaves and grass–

Mr. Bonte: Right now we compost leaves and grass for other Towns, a relatively benign operation. Now we’re going to bring in machinery–

Mr. Spino: They have machinery there right now.

Vice President Rattner: The machinery–right now, they’ve been bringing the stuff in, this is for some permit that they need to get today, but they’ve been taking in the brush, and basically the storm damaged trees–and then there was a contractor that came in periodically. I don’t know if they’re going to change that. This is just a permit so they can continue to do it. They would come in with a piece of equipment for a week or two, chip everything and then leave.

Mr. Bonte: Are we not allowing this site to grow more into something of an industrial nature by letting them get their foot in the door a little further here?

Mr. Kaplan: We said to them when we were up there, the majority of the Committee was there, we could not let them expand the existing area they were using without coming back to us and asking for permission to do that. They specifically showed us an area where they intended on doing this chipping. They get the brush, the tree limbs in throughout the County as a result of storm damage, or whatever, and they would periodically come in with a piece of equipment and chip and make it into mulch.

Mr. Bonte: But it is an expansion of the present operation.

Mr. Kaplan: Yes.

Mr. Bonte: And they did want to bring in pallets and stumps.

Mr. Kaplan: Initially.

Mr. Bonte: Sandy, you made some reference to some type of beetle, and you said–

Mr. Kaplan: Asian Long Horned Beetle.

Mr. Bonte: Can you read the sentence preceding that?

Mr. Kaplan: It says in their October 30, 2000 letter to us: “Specific changes in the application include the deletion of stumps as an acceptable material, and the deletion of pallets as an acceptable material as long as there are concerns with the potential dangers caused by the Asian Long Horned Beetle.”

Mr. Bonte: Okay, that’s what I thought you said. What you’re putting in the Resolution now is in conflict with that statement. That statement says that at some point in time when this beetle is no longer a threat, they can bring stumps and pallets in. So we need to make this air-tight so that this operation doesn’t expand into something more of an industrial nature. Because that’s an inappropriate place for industrial operations to be taking place. This was supposed to be a fairly benign operation that they have.

Mrs. Kelly: We were concerned, too, about the fire hazard.

Mr. Kaplan: The last sentence goes on to say–and I didn’t bother to read that, is: “Finally additional information about fire provision has been updated.” They had, and are concerned–updated the information about fire prevention at that particular site.

Mr. Bonte: I think this Resolution should specifically give instruction to the Administration to delete that reference to, “As long as this beetle remains a threat.” If you don’t want stumps and pallets up there, let’s say it outright, and they can’t come in there unless that issue comes back to this Council.

Mr. Kaplan: We have no problem with that.

Mr. Bonte: You probably don’t. I want to make sure the Resolution is not conflicting with the documents you have.

Vice President Rattner: Mr. Dorsey, can you make sure those changes are in the Contract they sign?

Mr. Dorsey: Yes.

Mr. Bonte: Has this been reviewed by our Local Solid Waste Advisory Committee?

Mrs. Kelly: The Environmental Commission.

Mr. Bonte: Has this been reviewed by our Local Solid Waste Advisory Committee?

Mr. Kaplan: I don’t know.

Mr. Bonte: I would think it should be.

Vice President Rattner: Anyone else? All right, I close the meeting to the Public. Mr. Bonte, the Clerk has informed me that the SWAC was given a copy, but we don’t know if they’re actively meeting right now, but they were on the distribution list. If the Attorney would add that wording?

Mr. Dorsey: BE IT FURTHER RESOLVED, that even after the threat of the Asian Long Horned Beetle, no wood pallets or wood stumps shall be brought to the site for recycling.

Mr. Heymann moved the Resolution as Amended and Mr. Spino seconded the motion.

ROLL CALL: Passed by the majority: Mr. Heymann, Mr. Spino and Mr. Rattner voted YES

Mr. Scapicchio, and Mrs. Kelly voted NO

Vice President Rattner: all right, we removed #7 and #8.

REMOVED:

7. Donation of Block 2305 Lot 4. (21 Stonehouse Rd/DiBiasi)(not received)

8. Donation of Block 3700 Lots 5 & 42.(JMI Associates, 245 Rt. 46 & 5 Spring St.)(not received)

Vice President Rattner: Next item we have which was added is the request from Commerce Bank to allow them to do inside construction work on the bank that they’re trying to complete by year-end, in Flanders. We have Mr. Paul Flanagan representing Commerce Bank. You want to do a short explanation of what you’re actually requesting? And why it’s not going to bother anybody.

Mr. Flanagan: Thank you. As I said in my November 22, 2000 letter, my client--they anticipate that they will close in the project before Friday, and at that time any work that will be done will be done inside. There would be no traffic issues or noise or anything else. It would just be matter of doing the inside, finishing work and things like that. As I said, in order to get it finished by the end of the year, they would like the opportunity to do it on the weekends. If we were to wait for the workshop meeting and then the Council meeting on December 19th, the only two weekends would be the weekend preceding Christmas and the weekend preceding New Year’s so, we would request the Council, I guess by Resolution, Mr. Dorsey could probably tell you how to do it, authorize that to take place. I’ll answer any questions the Council may have.

Vice President Rattner: Mr. Flanagan, then you would agree, on the weekends, the “banned time” there would be no outside work?

Mr. Flanagan: Yes.

Vice President Rattner: And, also, I’d like to add that at those times there would be no loading of materials either. What we’re concerned about is the additional traffic and the noise. You’re not going to have a delivery of heavy equipment?

Mr. Flanagan: No.

Mr. Heymann: I don’t have a problem with him unloading materials. This is an absolute zone–I don’t’ think there’s a house near it.

Vice President Rattner: I was told there are a couple of houses.

Mr. Spino: There are residents–Flanders Crossing is in that area–

Vice President Rattner: Cloverhill. But he’s agreed they won’t be causing the noise on Sunday.

Mr. Scapicchio: I don’t have a problem with them unloading material for interior work. But what I would recommend that the Township have a contact person on site in case there is some sort of annoyance–we have some ability to contact someone on site.

Mr. Flanagan: I’m sure that would be acceptable.

Vice President Rattner: I just want to make sure–we have in our Ordinance–we don’t want to set a precedence–there are reasons to allow a waiver. I just want to make sure it doesn’t become commonplace. Mr. Dorsey, could you come up with the wording?

Mr. Dorsey: I think we should just handle this Administratively. Indicate to the Administrator to handle it administratively. It’s a one or two week venture.

Vice President Rattner: I think our Ordinance requires it coming to the Council.

Me Dorsey All right.

BE IT RESOLVED by Mt. Olive Township Council it hereby grants special and temporary permission to Commerce National Bank to proceed with interior, inside construction, for the next two Saturdays and Sundays in order to complete the building for occupation by January First; and Commerce National shall give to the Administrator, or whomever he shall designate, the cell phone number of a person or persons who will be at the site at all time construction proceeds on Saturdays and Sundays.

Mr. Flanagan: I would only ask that you make it for the next four. For the rest of the month.

Mr. Spino: For the next four weekends?

Mr. Flanagan: Yes. Until the end of the year.

Mr. Heymann: So moved.

Mr. Spino: Second.

Vice President Rattner: Anyone from the Public who would like to address this?

Mayor Licitra: Can I just add–we have a holiday coming up on a Sunday.

Vice President Rattner: Yeah, but I don’t mind if he works on Hanukkah.

Mr. Heymann: Which holiday are you referring to?

Mr. Weiss: I have to imagine that an Ordinance that prohibits construction on Sunday is in effect to protect the quality of life of residents. So, I don’t know if this particular situation is good or bad and I’m not putting thought into it, but, Number One, the construction of DPC Cirrus right next door, there are not trees there any longer and I can tell you every morning there is nose that I can hear from my house that’s a heck of a lot further than the unpainted furniture barn. So, you can’t just discount “There’s no houses.” Because that sound is traveling now in a treeless zone. I just think it’s bad for us and I don’t think the bank has come up and given you any reasons why this construction has to be completed by the end of the year. I haven’t heard what’s the rush? So, you’re about to possibly give leeway from an Ordinance that’s in place for good reason for no apparent reasons, and I’m just concerned why you would do that. That’s all I have to say.

Vice President Rattner: We do have a Nosie Ordinance that will be enforced, but as I said, “inside work.” The reason for the ban on Sunday was as not to disrupt the public. If they’re working inside, I was concerned about the unloading of equipment and that.

Mr. Spino: The only “bad” thing we’re giving them–they have the right to work Sundays inside. I would say requiring them to have a phone on hand is an excellent idea. If there are complaints, we can call.

Vice President Rattner: And there is a benefit to the Town in them completing it as soon as possible because we can then assess the property for the building and start collecting the property taxes. Any other comments from the Public? I will close the public comments.

Mr. Scapicchio: Let’s just make sure the Police Dispatcher has that phone number on hand so if the residents have a concern on Sunday they can gain access immediately to that employee on site.

Mr. Flanagan: That’s fine.

Mr. Scapicchio: Will you absolutely guarantee us that somebody on site will be available via phone or pager on Sunday?

Mr. Flanagan: Yes.

Mr. Scapicchio: And that they will be responsible in case there is a call.

Mr. Flanagan: Yes.

Mr. Scapicchio: Thanks

Vice President Rattner: Any other comments?

ROLL CALL: Passed Unanimously.

Vice President Rattner: Good luck.

MOTIONS

1. Bill List. ATTACHED

Mr. Spino moved for approval of the Bills and Mr. Heymann Seconded the motion.

ROLL CALL: Passed

2. Approval of Bingo Application #969 for Knights of Columbus #6100 Fr. Joseph A. Cassidy Council.

Mr. Spino moved for approval of the Motion and Mr. Heymann Seconded the motion.

ROLL CALL: Passed

COUNCIL REPORTS

Vice President Rattner I have something that can be good news. I got a call from one of the County Engineers. What they were looking for is the property owners around the intersection of Flanders at Tinc, River, Bartley Road. When Weiss Supermarket was going in, since it’s on a County Road, it goes to the County Planning Department. I said the big concern would be that intersection. At the same time, I believe somebody from the Town had written asking them to look at that and accelerate the improvement of that intersection. I got the call, it was put on a priority list, it was funded for next year. They expect to complete the design and the land acquisition in 2001. They called and I’ve passed that on to Chuck McGroarty so he can let them know, but they expect to have the work done in 2001—the land acquisition and do the construction in 2002. So, that’s good news. It doesn’t cost us a penny because it’s a County road, and it’s a needed improvement in that area. That’s all I have.

PUBLIC PORTION

Vice President Rattner: Is there anyone from the Public who would like to address the Council on any matter?

Mr. Robert Greenbaum. 104 Crenshaw Drive: I have two issues to address. One was on an Ordinance which was discussed this evening very briefly–it involves the wood recycling center. I have to say, I agree with Mr. Bonte, it’s a very slippery slope in two respects. First of all, as Mr. Bonte pointed out, the more machinery you bring in there, the more problems you’re asking for. I’m more concerned that the site is somehow going to

Mr. Greenbaum (cont’d): develop into an unauthorized landfill. As you have people bringing in more material to a site, it becomes a greater magnet for other materials which are not permitted by Ordinance to be disposed of at the site. I do environmental litigation for a living. I’ve seen it happen before, and I would suggest that there be some serious oversight at that particular location to make sure that we don’t run into problems down the road. Having said that, I’d like to move on to my second issue, which involves Flanders Park. First, let me say that I am very happy to see the progress which is being made down there. I’ve seen Bob Casey down there on a number of occasions. I think that the park is moving along at great speed. Speaking on behalf of Howie, we are very concerned in Flanders Crossing that the Park is proceeding without what we feel was promised to us, which is a safe crossing to the Park. I’m not aware of–and no one has discussed with me those things which were part of the project, such as: signage, a center median, a speed reduction on Flanders-Bartley Road, striping on the road. None of those issues have been addressed. I’m not aware that they’re included in the things which are being done at the park. And I’d like to know from the Town Council whether or not those items are going to be addressed, and they’re going to be taken care of; whether they’ve been considered, whether they’re in the plans, and how we’re going to go about making them happen.

Vice President Rattner: Mayor, can you answer those concerns?

Mayor Licitra: Yes. They are being considered. They are part of the plan. I know Bob (Casey) is dealing with it right now. What we have to do is, we have to look at the speed limit on the road, and also the crossing–we know what we want to do. It’s a matter of just getting it on the drawing board and doing it. No, we haven’t forgotten it. It will be addressed, and something will be done. I, personally, would like to see something. I said that two years ago. I haven’t changed my mind, so something will be done about it.

Mr. Greenbaum: The reason I raise that now is because Al Weiner is going to get up and talk about another issue related to the park and safety that we really have gotten an unacceptable response to in terms of planning and we wanted to see if we could–well, I’ll leave it to Al. I don’t want to steal his thunder. Thank you.

Mr. Al Weiner: I was hoping Mr. Casey was here because I hate to say things when somebody is not here to defend themselves. But, I’ll keep it very short and factual. Being that I’m on this new Committee for accessibility that’s supposed to be coming in to play, and also an advocate for accessibility because of my own life. One of our homeowners sent an email to Mr. Casey asking about a section of the front of our development. I used my kids’ markers to draw a little map so you can kind of understand what we’re talking about. The way that the front of our development is, you have a sidewalk running down the basins towards the A&P. This would be Flanders-Bartley Road. The Park is this way, the A&P is that way. You’ve got the Manor, you’ve got Luna Road, and the homes over here; you’ve got the end of our basin, the woods–and for some reason, I don’t know why, but there’s an outcrop of road that the grass comes out. When they built our development–and I don’t know what the stipulations were for the sidewalks, but right in front of our basins, there are two sidewalks, and they end one at Main Street at the other side, and this one down here, going towards the church, comes out and then follows this little pushout of grass towards the road. Now, granted, there is no curb cut because it’s perfectly flat, but, there are no lights on this part of the road here until you get right to the Manor, or down towards the Park, or our entrance. One of our homeowners sent an email to Mr. Casey asking that as long as these are the existing sidewalks here in red, this is what they’re putting in right now by the Manor, going down towards the Park. This was the section they re-did going down to the A&P. Originally, our builder put this straight towards the road instead of going straight across to the church driveway, which is pretty much right across the street from Luna Road. A lot of people use our development as walkers/joggers. The Manor people have been seen coming over because it’s a great area to walk, there’s a lot of sidewalks and it’s open. People from Cloverhill come over. When you come out of our development on that dark road, and start down that sidewalk thinking you’re going and can get somewhere, this dumps you right on to Flanders-Bartley Road. If you go across with a carriage or a wheelchair, this is all curb straight across. You have to go 50 yards to the Manor, to the new curbcut that will be there; or another 50 yards down to Luna Road, which has a curbcut. Or, come all the way back to the crossing that was said in the email that should be used, that we just talked about that’s not there yet, or proposed. The homeowner’s question was, as long as you’re doing all that work, and all that machinery is there, it would take three bags of concrete and a sledgehammer to put a curbcut on this little piece of curb right here in front of that sidewalk, and solve the whole thing before somebody gets hit by a car on Flanders-Bartley. Mr. Casey’s answer was, “It’s not in the plans.” Done. Number One, we know it’s not in the plans. That’s why it was brought up as a suggestion or a question. That’s part of the reason why I started my campaign. It’s answers like that that have gotten us to the point when I came to you saying, “Okay, we’ve made our mistakes. We know what the problems are. Where do we go from here?” We’re starting a Committee. I’m going to be full-fledged in this. I’m going to be up here every week if I have to. This is just not acceptable.

Mr. Dorsey: Tell the Mayor to get a sledgehammer.

Mr. Weiner: Thank you.

Mr. Kaplan: This is where you want it?

Mr. Weiner: Maybe 20 feet from where it’s on the property.

Mrs. Kelly: Last week I was down there, and I saw a Senior walking her shopping cart in the street. Do the Seniors use that sidewalk?

Mr. Weiner: The problem is, the sidewalk doesn’t go all the way to the Manor. So, they have to come out their driveway and walk down the street to Luna Road to first get up on a curbcut to get to the A&P. The sidewalk will be there soon. Thank you.

Vice President Rattner: Is there anyone else from the Public who would like to address the Council or the Mayor on any issue? Seeing no one, I will close the meeting to the Public.

COUNCIL COMMENTS: NONE

Vice President Rattner: We will adjourn out meeting and move on to the Workshop.

Motion made for adjournment. All in Favor, None Opposed. The Meeting was adjourned. At 8:26pm

______________________

William H. Sohl

Council President

I, LISA M. LASHWAY, Township Clerk of the Township of Mount Olive do hereby certify that the foregoing Minutes is a true and correct copy of the Minutes approved at a legally convened meeting of the Mount Olive Township Council duly held on December 19, 2000.

________________________

LISA M. LASHWAY

Mount Olive Township Clerk

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Mount Olive Township
Post Office Box 450
Budd Lake, NJ 07828

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Mount Olive Township
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Budd Lake, N.J. 07828

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