Mount Olive Township Council Minutes
February 1, 2000
The Regular Meeting of the Mount Olive Township Council
was called to Order at 7:30 p.m. by Council President Sohl
with the Pledge of Allegiance.
According to the Open Public Meetings Act, adequate notice
of this meeting has been given by written notice 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, and notices were sent
to those requesting the same.
ROLL CALL: Present: Mr. Heymann, Mr. Guenther, Mr. Scapicchio,
Mr. Spino, Mr. Rattner, President Sohl
Absent: Mrs. Kelly
President Sohl: I would also like to acknowledge the attendance
of the Mayor, Paul Licitra; Acting Business Administrator,
Bob Casey; the Township Attorney, John Dorsey; Township Clerk,
Lisa Lashway; and Kathy Murphy our Grant=s Coordinator.
Mayor Licitra: I would like to make some appointments to
various Boards and Committees:
- Appointment of Fred Detoro, Jr. as Emergency Management
3 year term expiring 12/31/02
S Appointments: Recreation Adv. Comm.: Jen Johnson
John Batch, Jr.
S Environmental Comm.: Dan Berek
S Open Space Comm.: Alan Abels
S Master Plan Committee: Frank Ruggiero
S Mt. Olive Pride Committee: Miffy Ruggiero
Mayor Licitra: I would like to formally make these appointments
to the Boards and Committees.
Commendation Award - Jennifer Gentilucci
Mayor Licitra: I have one other matter, if I may. A very
happy occasion, to tell you the truth. This Appointment was
made by us, when I was a Council member. It appears the Council
has done their job. It gives us great pleasure to give a
Commendation to Jennifer Gentilucci. I would do a disservice
if I didn=t read the letter that accompanied this from Dennis
L. Bliss, the Board Chair. Let me read itBit was addressed
to Judge Maenza. It=s kind of lengthy, but I=ll try and read
fast. AIt is a pleasure to formally notify you on behalf
of the Municipal Court Administrators Certification Board
that your Court Administrator Jennifer M. Gentilucci has
been examined by this Board and on December 21, 1999 was
declared by the Supreme Court of New Jersey to be a Certified
Municipal Court Administrator. The Supreme Court further
authorized your Administrator to use the Title C.M.C.A. during
good behavior before the Public and the Courts in this State
in accordance with law and the rules of Court, the Certification
Program is legislatively provided for in N.J.S.A. 2(b)2-11,
and is being implemented within judiciary pursuant to interim
rules and procedures approved by the Supreme Court. Achieving
Certification is a challenging process. Each candidate must
sit for both a written and oral examination. The written
examination is designed to test knowledge of the fundamental
principles Court Administration, Personnel, and Financial
Management, the Court rules and the Law applicable to Municipal
Court. The Oral examination is designed to test a candidates
ability to apply and explain the principles of Municipal
Court Operations and management and various practical settings.
Following successful completion of both examinations the
candidate is invited to submit a written Court improvement
project based on a theme that contributes to the administration
of justice and furthers the Court=s interest as part of the
local community in some positive fashion. That project is
then reviewed by the Certification Board. Following the Board=s
acceptance of the project, the Mayor Licitra (cont=d): awarding
of certification is recommended to the Supreme Court. As
a result, you should be extremely proud of your Administrator=s
accomplishment in successfully meeting those requirements.
It is certainly an achievement worthy of public recognition
that reflects well upon your Court and Municipality. Retaining
Certification is also challenging. Each Certified Administrator
is responsible to participate in a continuing education program
requiring 45 contact hours of improved Professional Development
Seminars, and other study every three years. I ask that you
actively support your Certified Administrator=s career long
commitment to acquire and share new knowledge and skills
to advance the profession of contemporary Court Administrator.
In the view of Chief Justice Debra T. P which she expressed
to the First class of Certified Municipal Court Administrators
in December, 1996, Certified Administrators have demonstrated
special confidence that distinguishes them from their professional
colleagues. She noted that they occupy special positions
of trust, competence and leadership within the Municipal
Court System. During that ceremony, the Chief Justice urged
each Certified Administrator to use their leadership and
skills to assure that Municipal Court Officers are service
oriented, that they=re places where the public has confidence
that independence, integrity, fairness, and quality service
are a standard, and not simply the words of the Court System
Motto. She also asked that each Certified Administrator dedicate
themselves to nurture and instill those ideals in the operations
of every municipal court in our State. Finally, the Board
and I wish to commend you and your municipality=s officials
for nurturing the kind of professionalism working environment
that supported your Court Administrator throughout the certification
process. I am confident that with continued support at that
time, your Administrator will be able to grow professionally
and help you to ensure that the administration of justice
in municipal court becomes the kind of model that others
will seek to emulate. Jennifer, would you please come forward?
Bill (Sohl) as Council President, I would like to share this
honor with you.
President Sohl: From the Office of the Mayor, a Commendation:
WHEREAS, Jennifer M. Gentilucci has been an employee of
the Township of Mt. Olive and served for a number of years
within the Municipal Court System; and
WHEREAS, she has recently been appointed to serve as Municipal
Court Administrator upon retirement of the former Administrator;
WHEREAS, in accordance with that appointment, she was required
to pursue the obtaining of Certification as a Municipal Court
WHEREAS, Judge Maenza was advised by way of a letter from
the State of New Jersey, Municipal Court Administrator Certification
Board on December 22, 1999, that Ms. Gentilucci had received
her Certification as a Certified Municipal Court Administrator.
NOW, THEREFORE, BE IT RESOLVED, by the Mayor of the Township
of Mt. Olive, that he wishes to extend his congratulations
to Ms. Gentilucci on obtaining the necessary certification,
and wish her well in the pursuit of her duties as Municipal
Ms. Gentilucci: Thank you.
PUBLIC HEARING - Community Development Grant Applications
President Sohl: Kathy (Murphy), would you like to address
Mrs. Murphy: We have two applications for Community Development.
We discussed them at a WorkshopBwe were going to have a Public
Hearing last week, and then we got snowed out. So, we=ve
been moved to tonight. The first application has to do with
Turkeybrook Greenway. We=re applying for one soccer fieldBthe
cost of development of thatBwe=ve been in consultation with
the designers that the soccer club has chosen. They=ve given
us the price estimates on thatBthe total price $167,000.
We can ask community Development for $100,000 of the cost,
then the Town would have to come up with the balance of that
amount. In developing this, we have quite a lot of work to
do over there. We know the Soccer Club is putting in a considerable
amount of money as far as engineering and design costs. They
also have a limited time frame at the FTZ fields. So, if
we can get some costs towards helping them out, that=s our
main goal and it=s something we would like to move on right
away. The other application is to continue Budd Lake Drainage
off of Hopkins Street. Last year, we received some Community
Development money to install some pipes on Hopkins Road.
We=d like to complete that work this year and also try to
go up Second and Third Street with additional drainage. That
entire area of town has no drainage, and there is localized
flooding along there. It=s been recommended for a number
of years, and the Town has not had the money to implement
any drainage. So, we=re trying to chip away at that. If we
can keep extending out from the drainage basin that=s over
on Hopkins Road in to that area, we=re hoping to alleviate
some of those problems. Through the years, any pipes that
did exist are quite often mis-sized, brokenBwe have french-drains
that aren=t connected. Hopefully we will get a concise plan
that continues to go into that neighborhood and provide some
relief. So, that=s a $119,000 application project. We=re
President Sohl: Okay. Is there anyone from the Public that
wishes to make comment? Anyone from the Council? Okay. What
do we have to do next?
Mrs. Murphy: We have the Oral ApplicationsBthe beginning
of March we have a Monday night Hearing. We go before Community
Development and give our oral presentations, have discussions
with them and see what we can come up with. Also, we did
received today, from DOT, a $76,000 Grant for installation
of sidewalks from the Municipal Building down Wolf Road as
far as the apartments. Now, we filed that application in
hopes that we could get those sidewalks in in time for the
opening of the new Middle School because they would like
to put a crossing guard there and be able to get some walking
students from the apartments. So, hopefully, we=ll coordinate
President Sohl: Okay. Thank you, Kathy.
LEGAL REPORTS: NONE
Letters From Residents
1 Letter received January 10, 2000, from Suzanne D. MacDowell
regarding damage to septic system during construction on
Waterloo Valley Road.
2 Letter received January 20, 2000, from Robert J. Greenbaum,
Esq. regarding Planning Board Meeting, January 20, 2000,
the Proposal to Light Flanders Park.
Resolutions, Ordinances, Correspondence from other Towns
3 Resolution received January 14, 2000, from the Township
of Bloomfield regarding Opposes Reselling or Trading of Obsolete
Weapons to Manufactureres, Brokers, or Dealers: Request Grant
Funding to Defray Loss of Revenue.
4 Resolution received January 20, 2000, from the Borough
of Netcong in Support of Senate No. 2198 which would Limit
the Placement of Violent Offenders to Department of Corrections
Secure Designated Facilities or Certain State Psychiatric
League of Municipalities
5 Notice received January 10, 2000, from New Jersey State
League of Municipalities, regarding Eighth Annual Mayor=s
Legislative Day, January 26, 2000.
6 Notice received January 13, 2000, from New Jersey State
League of Municipalities, regarding Seminars: Newly and Re-elected
Officials, January 29, 2000 and February 5, 2000.
7 Notice received January 18, 2000, from New Jersey State
League of Municipalities regarding League Seminar, 2000 Fiscal
8 Letter received January 10, 2000, from NJDEP regarding
Permit issued to NJ American Water Company for construction
of additions and alterations to existing water distribution
9 Letter received January 10, 2000, from NJDEP regarding
an LOI for Commerce Bank/North B 5400; Lot 27.
Correspondence from Organizations/Committees/Boards
10 Minutes received January 13, 2000, from the Morris County
Planning Board December 2, 1999, Meeting.
11 Minutes received January 19, 2000, from Northwest New
Jersey - Northeast Pennsylvania Passenger Rail - Summary
of Public Meeting held August 31, 1999.
Correspondence Regarding Tort Claims/Verified Notice of
12 Notice received January 12, 2000, from Kathleen A. Mulvey,
Esq. regarding Notice under Title 59 of Intent to Sue.
13 Notice received January 18, 2000, from Steven A. Kunzman,
Esq. regarding Substitution of Attorney with respect to NJDEP,
et vs. BASF Corp. et al vs. ASCO Electrical Products, Co.,
Inc. et als.
Land Use/Development Matters
14 Letter received January 10, 2000, from Joseph J. Maraziti,
Jr., Chairman, State Planning Commission, acknowledging receipt
of Council Resolution - Classification of the Township of
15 Ordinance received January 20, 2000, from Washington
Township: Supplementing and Amending Chapter 111, Land Use
Procedures, Chapter 217, Zoning and Chapter 159, Site Plan
Review of the Code of the Township of Washington, County
of Morris, State of New Jersey with respect to Golf Courses.
Correspondence from Cable Networks/Utilities
16 Notice received Januuary 10, 2000, regarding NJN Public
Television Presents AA Look At New Jersey=s Past, Present
17 Notice received January 10, 2000, from NJN Public Television
regarding The Return of USS New Jersey.
18 Letter received January 13, 2000, from Comcast RE: invitation
to tape Comcast Newsmakers interview.
Correspondence from Legislative Representatives
19 Letter received January 10, 2000, from Congressman Frelinghuysen
regarding Township Resolution in support of agricultural
disaster relief for farmers in New Jersey.
20 Letter received January 12, 2000, from the Musconetcong
Sewerage Authority regarding garbage disposal units.
Morris County Community Development
Division of Alcoholic Beverage Control
Newsletters / Notices
Budd Lake Sewer Project
President Sohl stated that we had received 20 items of Correspondence
and asked Council if there were any comments on same.
ORDINANCES FOR PUBLIC HEARING
Ord. #1-2000 An Ordinance of the Township Council of the
Township of Mount Olive Establishing Salaries for the Department
Heads and Employees of the Township Clerk=s Office for the
President Sohl opened the Public Hearing on Ord. #1-2000
Mr. Bonte: It doesn=t state in this Ordinance the salaries
for the CFO and for the Business Administrator. Were they
adjusted upwards, downwards, or remain the same from previous
President Sohl: For the Record, they remain the same.
Mr. Bonte: Thank you.
President Sohl closed the Public Hearing on Ord. #1-2000
Mr. Heymann moved for Adoption and Final Passage on Ord.
#1-2000 and Mr. Scapicchio seconded the motion.
ROLL CALL: Passed Unanimously
President Sohl declared Ord. #1-2000 as Passed on Second
Ord. #2-2000 An Ordinance of the Township Council of the
Township of Mount Olive Authorizing the Sale of Block 5300,
Lot 18 C8.2A to Richard W. Eastman for $155,000. (Old police
substation) - B. Guenther (continue to 2/8/2000)
President Sohl opened the Public Hearing on Ord. #2-2000
Mr. Scapicchio moved to Continue the Public Hearing on Ord.
#2-2000 to February 8, 2000 and Mr. Heymann seconded the
ROLL CALL: Passed Unanimously
ORDINANCES FOR FIRST READING
Ord. #3-2000 An Ordinance of the Township Council of the
Township of Mount Olive Establishing Sewer Allocation Charges
for the Budd Lake Sanitary Sewer System and the Cloverhill
Sanitary Sewer System for the Year 2000 and Thereafter.
Mr. Scapicchio moved that Ord. #3-2000 be introduced by
title and passed on First Reading and that it be scheduled
for Adoption after a Public Hearing on February 22, 2000
at 7:30 p.m. Mr. Spino seconded the Motion.
Mr. Rattner: I just have a question of the Business Administrator.
Mr. Casey, do you think that by February 22, 2000, we will
have a draft of the Water & Sewer Budget?
Mr. Casey: Yes.
Mr. Rattner: I realize what we=re underBI would like to
see that because when we=re setting the rates it really is
based on some sort of Budget that we have. I realize it=s
going to be a draft.
Mr. Casey: The Auditor has presented to you his financial
projections for it. I share your concerns. It may not be
Mr. Rattner: I would just really like toBit=s very hard
when setting ratesBI really want to be able to understand
where the expenses and where the revenues are coming from
other than two linesBand we are behind the eight-ball because
of different changes in personnel. Usually at this time,
I=d be complaining, butBwhen do you think we=ll get it? What
is your projection?
Mr. Casey: Well, we are in the processBI=ve met with the
Department Heads requesting more detailed information, including
doing the Water & Sewer Budget firstBit=s the easiest
budget to do, so I can have it out by this time next week.
Mr. Rattner: That would be good. Just be sure to note that
it=s Afirst draft.@
Mr. Casey: It will be duly marked.
ROLL CALL: Passed Unanimously
Ord. #4-2000 An Ordinance of the Township of Mount Olive
to Reorganize Certain Existing Divisions Within Various Departments
into a Centralized Department of Public Works Management
Mr. Scapicchio moved that Ord. #4-2000 be introduced by
title and passed on First Reading and that it be scheduled
for Adoption after a Public Hearing on February 22, 2000
at 7:30 p.m. Mr. Rattner seconded the Motion.
Mr. Rattner: I just have a question for our Attorney. In
looking over the Section of the State StatutesB40, 40A, talking
about APublic Works.@ I notice that under 40A:9-154.6, it
said this could be a tenured position. I would just like
the Attorney to at least investigate that because if it is,
I might have a problem creating another tenured position.
I don=t know if I=m reading it right.
Mr. Scapicchio: Are you looking at the ADirector of Public
Mr. Rattner: Yes.
Mr. Casey: I think you referring to probably a sectionBit
probably said, APublic Works, Certified Manager.@
Mr. Rattner: It says, AMunicipal Superintendent of Public
Works@ it says, A...employees of a Municipality whose duties
include supervising the care or maintenance of streets, roads,
avenues, public buildings, places, sewers, and motor vehicles
of the municipality, notwithstanding the job title given
the office, or position.@ I=m just asking the attorney to
look at it. The way that I read it, I=m just scaredBit looks
like it says it=s a tenured position, and the person could
hold the job until he=s 70.
Mr. Dorsey: I=s my understanding that the Directors of Public
Works now get certified and do get tenured.
Mr. Casey: The Director is not a ADirector of Public Works.@
There=s a program called AThe Public Works Managers Certification
Program.@ You have a certified Public Works Manager now,
it happens to be Mr. Dolan. The Statute does not say that
the Director of a Public Works Department is, in fact, a
Public Works Certified Manager. That is a separate program
where you=re going take certain courses and classes, etc.
and you become certified the same as you have the Clerk or
the Assessor. The law does not say that that position has
to be the director. It just says that the Municipality must
have available to it, a Certified Public Works Manager. All
right? So, that=s a whole different section of Statutes.
I=m not sure the section you=re referring to there becauseBas
Mr. Dorsey can research the section on the Director of Public
Works within the Faulkner Act, is, in fact, a Director as
Mr. Dorsey: We=ll take a look at it.
ROLL CALL: Passed Unanimously
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.
Mr. Spino: I was not here at the Workshop. I did listen
to the Tapes. Contrary to what was said, I would be willing
to donate more than the allotted amount to keep Dover General
Hospital. It=s unfortunate, I think, what=s going on. Mr.
Bonte was right, from the beginning we thought we were doing
a good thing by consolidating and supporting that. I would
consider giving more. I also did listen to the tapes about
Crown Towers, and I agree with what the Council is about
President Sohl: Any other Council Comments?
Mr. Heymann: Well, I have oneBdo we have more people interested
in giving more money? I just want to know, because I wouldn=t
mind amending that. I know it=s there for $1,000, but if
we don=t, I=m not going to rock the boat. Is there anything
greater than $1,000? I know, Mr. Spino now coughing up some
money, I=d hate to miss that opportunity.
Mr. Spino: Do it while you can.
Mr. Heymann: That=s what I=m saying. Strike when the iron=s
hot. Does anybody? What do you think, Earl? $2500.
Mr. Spino: Yes, something like that, $2500.
Mr. Heymann: Okay. Do I have any other $2500 takers on the
Table here? A bunch of tight-wads. We=ll have to keep it
the way it is, unfortunately.
President Sohl: Is there anyone from the Public who would
like to address the Consent Resolutions.
Resident: I really don=t understandByou are one of the biggest
municipalities in the area, you are only going to give $1,000
to the coalition. I am a member of the coalition. Yesterday,
we were in a meetingBand little Towns, like Mt. Arlington
with 3,500 residents gave $5,000. Some even gave $15,000.
And you=re going to be the smallest of the ten municipalities
now, with $1,000. That going to make Mt. Olive look pretty
bad since we have almost 25,000 residents here. There are
over 35,000 Senior Citizens who use this hospital very often.
We take anything, we even take a dollar, but given the size
of this Township, the second largest in Morris County. I
don=t knowBI can give $1,000, it doesn=t make a dent in my
life. I don=t know. I wish you=d reconsider and be a little
more generous, and go with Mr. Spino. Thank you.
Mr. Spino: We=ve all had friends or family that have been
rushed to Dover General, to go from here to Denville, although
not that much farther, still far enough to maybe make a difference.
I=m asking the Council to reconsider their position.
Mr. Heymann: Well, you know you have my vote, Earl. We just
have to wait for somebody else to crack open the ol= wallet.
President Sohl: Mr. Bonte?
Mr. Bonte: On #6, you=ve known my opinion for many years
regarding what has happened with Dover General Hospital and
what has happened as a result of Northwest Covenant taking
over that hospital. I too, feel that it is almost unconscionable
that this Town of 25,000 residents is only considering anti-ing
up $1,000. We throw out numbers all the time, and I=ve been
here and argued for years over the amount of money that=s
given to the Mt. Olive Child Care Center every year, and
I think that=s over $20,000 a year now. And that benefits
a very small portion of our population, and it=s a contribution
that is made to an organization that competes with other
private day-care centers. And, here we have a situation of
where we=re only willing to anti up $1,000Bwhich is four-cents
per resident to increase competition in Morris County in
a very critical area of health care. Do you want to continue
to see an operation like Northwest Covenant take over virtually
every health care facility in the Northwestern part of this
State and be able to dictate where you have to go for Health
Care Services, and what Health Care Services you can get
at the prices they want to charge, then, only put $1,000
into this. But we=re talking about the well-being of a lot
of citizens in this Town who have used in the past this facility,
and will continue to use it in the future. It=s health care
for all of us. It effects every person in this Town. I don=t
think the job that St. Clair=s has done in the past or is
doing now has ever measured up to the job that Dover General
did when they were separate hospitals. It=s unfortunate that
what happened happened. I don=t know if ultimately it can
ever be reversed. The first thing that needs to happen as
I stated last week, is this Town has to show that we=re with
the rest of the communities in the western part of this County.
We support this effort, and we want to see this effort take
place so this hospital does not get shut down, that health
care is only ten miles awayBnot 14-15 miles away in what
is really a completely different attitude towards healthcare
at the hospital in Denville. So, I would encourage you to
increase the amount of money here and I think we should consider
at least $5,000 considering what our teeny little neighbors
to the east of us have put in. And, if any of you have a
conflict of interest regarding this particular action, you
shouldn=t be voting on this. Thank you.
Mr. Dorsey: I think you have to make a motion to Amend.
President Sohl: Is there a Motion?
Mr. Spino: I move to Amend to at least $2500.
Mr. Heymann: Second.
President Sohl: Any discussion?
Mr. Heymann: I=ll just reiterate what I said last timeBnot
to repeat the services the hospital rendered, but, once again,
in the spirit of some type of collective bargaining agreement
that we=re trying to do shared services with other municipalities,
I think it would put us in a more favorable light when we
go to some of these other communities and say we kicked in
our little bit of money to help outBand it may not be an
effort that=s successful, but I don=t think that that=s ever
made much of a difference to us in the past. We funded plenty
of money. And I have to be honest with youBRich brought up
an interesting point. We continually fund the Mt. Olive Child
Care Center. If you can honestly fund that center that really
benefits a small minority of people in our municipality and
then when people come to us about this one, you can vote
ANo@ but then you really have to search what you=re going
to do when that comes up when you have some strange reason
of how you can justify one without justifying the other.
I=d like to see us go to $5,000 which was the original request,
but I would certainly like to go to $2,500.
Mayor Licitra: My original recommendation was $2,500 with
the proviso that we=d probably make that seed money and see
how the case is going and we could discuss some more amounts.
Mr. Spino: People have said, AIt=s a hopeless case.@ You
never know. It seems to me that most of the County is getting
into this fight. At least the part of the County that=s this
side of Dover General. It might work. They might not be able
to do everything that they want to do. To me, it=s worth
more. I=ll settle for the $2,500. I=d like to see $5,000
President Sohl: Anyone else? All right, we=re voting on
an Amendment to this ResolutionB#6.
Mr. Guenther: I will have to Abstain because my wife is
employed at Dover General.
ROLL CALL: Passed by the Majority. Mr. Heymann, Mr. Spino,
Mr. Sohl voted YES
Mr. Scapicchio, Mr. Rattner voted NO
Mr. Guenther ABSTAINED
President Sohl: The amendment passes The amount on Resolution
#6 is changed to $2,500.
1 Resolution of the Township Council of the Township of
Mount Olive Authorizing and Approving Two Contracts Between
the Township of Mount Olive and Golub Animal Hospital.
2 Resolution of the Township Council of the Township of
Mount Olive Approving a Contract Between the Township and
Morristown Memorial Hospital for Public Health Nursing Supervisor
and Community Health Educator for the Year 2000.
3 Resolution of the Township Council of the Township of
Mount Olive, County of Morris, State of New Jersey, Creating
and Continuing the Mount Olive Municipal Alliance Committee.
4 Resolution of the Township Council of the Township of
Mount Olive Providing for the Transfer of 1999 Current Fund
5 Resolution of the Township Council of the Township of
Mount Olive Approving Professional Service Contracts for
the Township Attorney, Municipal Engineer, Municipal Judge,
Real Estate Consultant, Labor Counsel and Accounting, Auditing
and Financial Consultant for the Year 2000.
6 Resolution of the Township Council of the Township of
Mount Olive Appropriating the Sum of $1,000 to the Coalition
of Municipalities Attempting to Keep the Dover Campus of
Northwest Covenant Hospital Open for Various Essential Services.
7 Resolution of the Township Council of the Township of
Mount Olive RE: Green Acres Application. (B&H Realty)
Mr. Heymann moved for approval of the Consent Agenda and
Mr. Spino seconded the motion.
ROLL CALL: Passed by the majority. Exception: Mr. Guenther
ABSTAINED on Resolution #6.
RESOLUTIONS - NONCONSENT
President Sohl: We have one item on Non-consent.
8 Resolution of the Township Council of the Township of
Mount Olive Relative to Crown Tower Estates. (Transfer of
Mr. Scapicchio moved for approval of the Resolution and
Mr. Heymann seconded the motion.
President Sohl: Is there anyone from the Public who would
like to address this Resolution?
Mr. Bonte: I don=t know if you=ve received my letter, but
I would like to read it, regarding this issue.
Mayor Licitra: The whole thing?
Mr. Bonte: Yes, sir.
Mayor Licitra: You giving out a commendation to somebody?
Mr. Bonte: No, but I would like this to be read into the
President Sohl: We can attach it also, but that=s your pleasure.
Mr. Bonte: Most of you have known me for many years, and
the views and positions that I express openly at the Council
Meetings are usually not what I would call special interest
for myself or my street. I have always tried to take a position
of what would be best for the Township. Therefore, I do find
it a bit embarrassing to be writing to you on this issue
that directly effects the street I live on. However, I do
believe I can put forward an opinion which I believe is in
the interest of the Township, and not just my own backyard.
As I previously stated in the early meetings, it is my belief
that the owner of the above mentioned property is certainly
within his rights to develop the site within the laws and
regulations established by the State and the Township. I
do not believe the developer is entitled to any special treatment
or consideration regardless of what offers he may propose
unless those offers are truly within the best interest of
the Township. I am not advocating an Aanti-development@ position,
but rather a realization that we do not need to accommodate
a developers desire to increase his profit at the expense
of Township residents. Having stated those basic views, here=s
my interpretation of what I believe is happening and what
I would propose would be the best value for the Township
residents. It is my understanding the developer has two parcels
of land upon which he can legally construct homes. He has
planned to construct approximately 120 homes on a much larger
lot on Budd Lake Heights and Crease Roads. These 120 homes
are to be constructed in an area with 5-acre zoning, and
they=ll probably have sale prices in the neighborhood of
$400,000 to $500,000. The Developer is offering the two non-contiguous
parcels of land to the Township for use as Open Space in
exchange for development credits to build additional seven
houses on the larger parcel. In my belief, the offer to exchange
the two parcels for development credits is in the developer=s
financial interest. A) To allow the construction of similar
style and price range homes in the same area without having
to develop two other sites and provide a separate infrastructure.
And, B) to maximize his profits due to the economies listed
in Item A, above, and the fact that the more expensive homes
would probably be built on the large site than on the small
site off of Budd Lake Heights Road. I don=t fault the Developer
for wishing to accomplish the goals above. I merely wish
to propose what I believe are the reasons for such a proposal.
This is not a proposal for the Township=s benefit. It is
mostly to maximize Developer profits. The construction of
the 120 additional homes within the Township will add approximately
276 additional children to the Township of Mt. Olive, of
which approximately 213 will require schooling in the District.
The approximate cost at $10,000 per student to the taxpayers
is $2,130,000 annually. Assuming that the average assessed
value of the homes in this development is $450,000, then
the school tax collected from these homes will be $898,000Bor
a shortfall of $1,231,000. This shortfall will be borne by
all remaining tax payers within the TownshipBwhich would
be an average increase in each home owners taxes of approximately
$125, so the Developer can make money. This cost does not
take into account any increases to the Local Municipal Tax
rate as a result of the increase services which may not be
covered by the taxes collected, nor does it take into account
any capital construction costs of additional school facilities
which will ultimately be needed for this and other development.
It also does not factor in the future value of these expenditures.
Therefore, the direct result of the development of this property
will be an increase in taxes to the Township residents. Over
a 20-year period, this increased school cost alone to our
residents and local businesses for this development will
be $24 million in AYear-2000" dollars. Using a modist
inflation rate of on 4%, expenditures of the Township would
be just over $40 million in 20 years. We have no obligation
to reward the Developer by granting these development credits
in exchange for land which will be coming off the tax rolls.
Basically what we will be doing is to grant him the development
credits in exchange for the right to tax ourselves to pay
for the education of the children who will live in this development.
I would propose that the Mayor and Council negotiate with
the Developer to get the best deal for the Township. A Developer
must be willing to mitigate to some extent the impact of
his proposed project on the Township residents by proposing
something in addition to just donating land he doesn=t want
to build on, or does not consider as economically advantageous
as the land he would like to build on. I would suggest that
the Developer be encouraged to look at present shortfalls
of recreation, fire and first aid needs of the Township,
as well as the impact that his development will have on the
limited Township resources, and back to this Council with
a proposal that while benefitting his needs will be more
attractive to the needs of the Township and help reduce the
burden being placed on all Township residents. I would further
recommend that should the Township agree to exchange the
two properties in exchange of development credits that the
transfer of title of these properties occur at the time that
the Developer signs a Development Agreement with the Township.
I didn=t see anywhere in this proposed resolutionBand I=m
sure you have investigated, Mr. Dorsey, that this can be
done by Resolution and not Ordinance?
Mr. Dorsey: Yes.
Mr. Bonte: I did not see anything in this Resolution regarding
a date as to when the development credits would be transferred
to the developer, which I would assume would be this evening,
and when the Township will take title to the land. The opinion
that I=ve written of in this letter is really my backed-off
opinion. My personal opinion is, at the time the development
credits are transferred, we should receive title to the land.
If he subsequently does not want to build on that land, those
credits go with whatever he wants to do with that landBif
he wants to market it to somebody else. But I do think there
needs to be an air-tight point of time itemized now in this
Resolution as to when we receive the title to this land and
when he receives those credits. But I seriously think you
should consider the letter I=ve written. I know Mr. Tarn
wrote a similar letter to this Council regarding the impact
that over-all this development is going to have on this Township.
I realize that=s not the issue here before you this evening,
but it=s very convenient for both Government and private
developers to compartmentalize portions of their project
so that only one portion can be addressed at any given time
without considering the over-all impact of the entire project.
Basically, he wants to make more money. And you, by giving
him these credits are giving him the opportunity to make
more money. He=s going to make more money, and it=s going
to cost us as tax payers all this money, there should be
more in it for us than this. Or, consider going to bonding
and purchase this property. Because I don=t think it would
cost you $40 million between the cost of the property and
the Bonding cost to buy this property over a 20-year period.
So I hope you would consider this this evening. Maybe you
want to delay action on this, get back to the Developer and
see what else he=s willing to give you for these very important
seven credits he wants. Thank you.
President Sohl: Thank you, Rich. Anyone else from the Public?
I will close this portion to the Public Council discussion?
Mr. Dorsey: Let me just say this. The reason the Resolution
does not define when the property will be conveyed is because
this step is only a small step in the process by which he
must still obtain subdivision approval from the Planning
Board. So this is just a first step in his application to
the Planning Board, and essentially, this step is solely
to say whether or not the Township Council agrees that the
property that he offers to convey to the Township is acceptable
to the Township. He may never get subdivision approval. And
if he does get subdivision approval, the time when the property
will be conveyed to the Township will be fixed in the Developer=s
Agreement. And, I often refer to Mr. Bonte as the ombudsman,
but there is some basic, somewhat, false premise in his statement
tonight, and that is that all these homes are going to be
built because of what the Township Council may do tonight
in approving the transfer of development credits. That=s
absolutely untrue. The only number of homes that are involved
in this particular action are the seven to be transferred
from the two parcels to the main parcels that he seeks to
develop. The rest of it, it is my understanding, he is subdividing
in accordance with the Land Use Ordinance, and that, of course,
is an issue that I assume the Planning Board, and certainly
the Public will participate, will thoroughly analyze before
there is an any approval granted to them. So, the only thingBthe
most that is at stake tonight is the transfer of seven units
from two parcels to the prime parcel, and it really should
not be stated that what is being given is approval to develop
the total development of 120 homes. That simply is not true.
The development of any of it is subject to the Planning Board,
and the balance of it, we presume, at this point is in accordance
with the Land Use Ordinance, so he simply has the right to
do that without any approval from the Township Council at
President Sohl: I was just going to add, John, in the similar
fashion, in which we set in place the transfer date for the
Newfane property. We did that when we adopted the Developer=s
Agreement. That came to the Council, and, in fact, that was
a point that I wanted to be made very clear that we did not
wind up with property being transferred to the Township after
the final house was built, which could have been several
years, and, in fact, it=s probably still not even done. But
we can set that date in motion when we know we have a clear
path to getting those two properties. It seemed quite evident
to me that the residents on Budd Lake Heights RoadBcertainly
those that were backed up to that 12-acre parcel were very,
very concerned about seeing no development there, as well
as the other home, which is on Sandshore, which is sort of
downhill from it.
Mr. Spino: I would like to know when do we get the Lots?
Would it be in appropriate now to sayBto amend this and say,
can we get the Lots at the signing of the Developer=s Agreement?
Mr. Dorsey: We can do that. If you want to put a paragraph
in there, I can do that after tonight, but it=s something
you will fix when the Developer=s Agreement is signed. He
cannot develop anything without the execution of a Developer=s
Agreement, and at that time he has to produce all the things
within reason that you require.
President Sohl: Is that a Motion to Amend?
Mr. Spino: Yes.
Mr. Dorsey: All right, I=ll add a clause.
BE IT FURTHER RESOLVED, that it is the position of the Township
Council by way of advice to the Planning Board and the Developer
that the lands by this Resolution that will be accepted to
the Township shall be deeded to the Township prior to the
filing of the final subdivision map, i.e., at the time of
the execution of the Developer=s Agreement assuming that
subdivion approval is ultimately granted by the Planning
Mr. Spino: I just want to make sure that, you=re saying
when they sign the Developer=s Agreement. Not when they bring
the maps downB
Mr. Dorsey: Well, they have to sign a Developer=s Agreement
before they can go down to Morristown.
Mr. Spino: I know that. That=s what I=m saying.
Mr. Dorsey: Before the Township signs the Develper=s Agreement.
President Sohl: All right, we moved to Amend the Developer=s
Agreement. Is there a Second?
Mr. Scapicchio: Second.
President Sohl: Roll call on the Amendment.
ROLL CALL: Passed Unanimously
President Sohl: Any further discussion on the Resolution?
Mr. Scapicchio: The way I view this, what we=re basically
doing in this action tonight, a net result is less housesBthe
number may be small, but it is less houses that are ultimately
going to be built and the Township is going to end up with
two separate parcels of property that are going to remain
open space in two separate areas and neighborhoods of the
Township. And it just seems to me, the action that we=re
taking in the long run is going to have less roads for us
to maintain, less roads for the Sanitation employees to travel
and pick up. And we=re going to have two large, open space
parcels that are going to remain that way forever and ever.
And that=s why I think this is a good deal.
Mr. Guenther: I appreciate Mr. Bonte=s sort ofBcall it a
primer on the economics of the impact of developments in
the Township. I think Mr. Dorsey already alluded to this,
but I want to emphasis it. I think the comments are misdirected
here at this Council. I think these types of commentsBand
I think it=s a very good exerciseBshould be directed to the
Planning BoardBthe Planning Board stage of them considering
what is the impact of the Town. Number Two, I am relatively
new, but I do know a little bit about real estate. It=s my
understandingBthere is nothing new about this. The impact
of any development on the Town is in accordance with what
the Ordinances are in the Town, with what the law of free
enterprises. The only way we=re going to change that is by
getting 100% or 150% behind the efforts of the State, the
League of Muncipalties look for part of the impact fees at
the State level. These have been enacted and held in Court
in various states in the country. New Jersey can do this.
In fact, I was at a seminar this past Saturday for new officials
where they gave us an update on the status of that. I think
we really shouldBI know we support it, but we should be in
active contact with the League of Municipalities to back
that and make that come true because with that, the problems
you state, Rich, will be addressed, and on a state-wide basis
where we will be empowered to be able to make developers
give us contributions for things for which they created an
impact on the community.
President Sohl: Anyone else?
ROLL CALL: Passed unanimously
1. Bill List & Supplemental Bill List. ATTACHED
Mr. Rattner moved for approval of the Bills and Mr. Heymann
seconded the motion.
ROLL CALL: Passed unanimously
2 Approval of Raffle Application #923 for St. Jude Church.
Approval of Raffle Application #924 for Knights of Columbus
Mr. Heymann moved for approval of the Motion and Mr. Spino
seconded the motion.
ROLL CALL: Passed unanimously
Library Board Liaison Report
President Sohl: The Board will meet in February, they have
sent us a memo requesting a scheduled session with the Council
to discuss their potential expansion plans.
Mr. Heymann: I=m not certainBand Mr. Spino is of no helpBbut,
I do believe that Flanders Crossing may be on for this Thursday.
As you know, there may be a little bit of opposition from
several of the residents from the Crossing.
President Sohl: Opposition to?
Mr. Heymann: To the lighting. Any which way, I will be there,
so let=s get a little brew ha ha going.
Board of Health Report
Mr. Rattner: The main thing that we discussed was the inquiry
that the Council got about expanding the franchise area of
the Country Oaks Water to provide non-potable water to a
local strip mall. Everybody got a package from the Health
Officer. We were concerned, and we don=t support it for a
number of reasons that are listed in there. But one of the
things that I think especially should be noted is, the Developer
came before the Board of Health, I believe in September,
asking for a variance to use an existing well. He made all
kinds of representations at the time that he found a well
that was existing that he needed a variance for because it
would be under the parking lot, could provide the water even
though his Developer=s Agreement with the Planning Board
required him to drill a new well for higher output. It seemed
like we got that letter almost at the same time from the
Water Company saying they were requested to buy water because
they didn=t have enough. My recommendation, and the recommendation
of the Board of Health is that we don=t entertain at this
point. That we consider that expansionBthe Water Company
met with me and the Council President last night, and they=re
really not interested in it. Besides, I think the real issue
goes back that if this Developer goes back to his original
approval based on his testimony before the Planning Board.
He develops a well that can provide the waterBwhich his studies
showed he could do. So, I think what we have to doBsince
it came to the Council from Applied Waste Water, that at
least we send a letter back to them.
President Sohl: Would you take care of that? Talk with the
Clerk and draft a letter.
Mr. Rattner: Yes, I=ll do that.
President Sohl: I now open the meeting to the Public. Is
there anyone who would like to address the Council on any
Mr. Lew Candura: Paul, I took your recommendation. I went
to the Senior Citizen Center on a Friday. I found them all
over there, and you=re right, they have a nice lunch over
there. But, I did look at the frozen sprinkler pipe that
was repaired. The problem is, the heat is in the concrete.
It=s radiant heat, and the heat=s not making it in above
the ceiling. There=s adequate insulation above the pipe,
it=s still not enough. Either you need more insulation, or
you can get some cheap egg crates and put them in the ceiling,
and let the heat rise up above the ceiling a little bit,
and I think that will fix your problem, no more frozen pipes.
Mayor Licitra: Do we do it Union, or Non-union work?
Mr. Candura: Union, all the way.
Mr. Casey: For Council=s information, we=ve been in discussion
with the Builder. He acknowledges that, in fact, there=s
a missing two foot section of drywall that has to be placed
which would seal off the area where the pipes are from the
attic. Once that=s in place, it should resolve the issue.
The other problem was, there was a valve buried in the wall
that was not working. Consequently the system hadn=t drained
properly, and that=s the area where it froze
President Sohl: Is there anyone else from the Public?
Mr. Lucas Franck, Waterloo Valley Road: I haven=t been here
for a while. Congratulations, Mr. Mayor, good to have you.
I wanted to bring up a couple of points about Waterloo Valley
Road. Back in the 80's there was a move to license and landscape
the Saxton Falls Site. At that time, there was some back
and forth on whose job it was to do what, and then it dropped
out of sight. It dropped out of sight until they were successfully
able to drain the aquifer and pull water from 20 houses.
I don=t think that should be allowed to happen again. I=d
like to seeBand I think it=s partly my responsibility as
a citizen to keep the profile as high as possible. But, this
situation has not been resolved. There is still an issue
about landscaping that site and I=d like to see regular reports
on the Waterloo Valley Road situation on the Council Agenda
until it=s resolved.
Mr. Rattner: It is on for our Workshop Meeting tonightBafter
this meeting. AStatus of Quarry Ordinance.@
Mr. Franck: Okay. I=m pleased to hear that, but I=d like
to see that as a regular report. On that issue, two other
thingsBmy latest information is that there has been an Assistant
District Attorney appointed. They are moving on this very
slowly. Apparently Hurricane Floyd got in the way in terms
of their priorities and what they=re trying to resolve in
terms of damages. I thinkBand I=ll talk to Mr. DorseyBperhaps
a Resolution from the Council at the next meeting would be
in order to ask them to raise this situation higher on their
priority list. While we=re talking about priorities, I would
like to commend Saxton Falls for widening the area cleared
of snow on Waterloo Valley Road. They did a better job than
the Town did. We had really little snow plow coverage in
either of the last two storms to the point that Saxton Falls
felt obligated to widen the road so that the trucks coming
in and out wouldn=t run into each other. They also widened
it enough so that we could get by the trucks when they were
coming in and out and I really feel that that=s the Town=s
responsibility and not Saxton Falls.
President Sohl: Got that, Mayor?
Mayor Licitra: Yes.
Mr. Franck: Thank you.
President Sohl: Thank you. Anyone else from the Public?
Mr. Bonte: Just one final comment on Crown Tower. While
you were correct, Mr. Dorsey, in your statement, it was my
intent to make this Council realize the impact of this development.
Because only this Council, not the Planning Board, can give
consideration to possibly investigating whether or not it
would be in the Township=s best interest to purchase this
land. So, that was the reason why that information was there.
To sort of put something in the back of your head, because
you, Mr. Sohl, made the comment two weeks ago that we can=t
afford to buy this. While I realize the precarious situation
that the Township is in regarding it=s bonding ability and
raising taxes, we=re going to raise them one way or the other.
I think we might raise them less if we pursued a different
approach to this. And only this Council can entertain that.
The Planning Board can=t. So while the other debate will
be starting in the next few weeks in a different venue, I
don=t think the Council should forget about this. I think
you should give what I=ve written in this letter some serious
thought and start looking at whether or not there may not
be a cheaper alternative. The other thrust was, and I am
kind of displeased that we didn=t get something else out
of this guyBconsidering what we=re giving him. We are giving
himBI realize, Dave, he=s going to build less houses this
way, but he=s going to make more money doing it this way.
It=s definitely to Mr. Bonte (cont=d): his advantage to do
this or he would have never proposed this in the first place.
He would have never purchased these two non-contiguous pieces
of property without this in the back of his mindBand I don=t
fault him for that. He=s a shrewd businessman and I admire
him for that. I think we need to be shrewd also. Now, regarding
snow removal, Mr. MayorB
Mayor Licitra: Yes. Thank you very much.
Mr. Bonte: You=re welcome.
Mayor Licitra: I know you=re going to complement me. I=m
getting nothing but complements.
Mr. Bonte; I don=t know how you can assume that, butB
President Sohl: Because he=s already heard indirectly.
Mr. Bonte: I=d like to tell you that this is the first time
in recent memory that I can recall sanding and salting trucks
going up and down my street. You guys did a good job in both
of these storms and I want you to know that.
Mayor Licitra: It wasn=t me, it was the Departments. And
I did write them both a letterBthe Sanitation and the Road
Department, and I did complement them on the job they did.
And I didBI did get complementsBthey=re not all complements,
but I did get one or twoB
Mr. Bonte: I wanted to you know that.
Mayor Licitra: Thank you, that=s three.
Mr. Bonte: Regarding the Sewer Rates in the Ordinance that
you have for the next meeting. I did a little research regarding
the comments I had made relative to the Village Green a couple
of weeks ago. I see in the current Ordinance establishes
rates for 2000 that the Village Green is not in the Ordinance.
I would presume that that means that you have no plans on
changing the Village Green=s rate structure.
President Sohl: That=s correct. That=s a signed, sealed
and delivered agreement.
Mr. Bonte: From the information that was presented by the
Auditor a couple of weeks ago gave the impression that that
system operated at an excess revenue over expenditures of
$138,000. And, I was looking for an Ordinance that determined
how we charged, and I found in the Code, in Section 196-57
states when an independent agency provides services on behalf
of the Township for water users, that the Township shall
add an Operations and Maintenance charge which shall not
exceed 20% of the original bill sent to the Township from
the independent agency. Which led me to start to think, do
we know that we=re charging enough for this service? Did
you get from the Auditor what the projected MSA Bill will
be in the Year 2000 to determine what that rate should be
for the sewer service for the Village Green, and does it
fall within this 20% factor? So, I was wondering to see if
you could get that information within the next week and determine
whether or not a rate adjustment needs to be made.
President Sohl: I think what we are looking forward to with
this Administration is an additional level of detail. I will
be the first to say that I have never had a comfort level
of operating expenses relative to water, sewer or otherwise
in this community and whether or not the fees, charges, expenses,
are being properly allocated. I=m certainly hoping, and I=m
relatively confident in the Mayor and Business Administrator
that we have now that they know how to look at this thing
in a business and professional mind set.
Mr. Rattner: The Auditor requested from me about three weeks
ago, if I could get those numbers earlier from the MSA=s
Auditor, and they were delivered to our Auditor. So when
he started working with the Business Administrator and the
CFO, he had the information. So, I=m sure it=s in there.
Mr. Bonte: All right. And my last comment, back in September,
the Township received the infamous ALou Report@ on the investigation
of the Budd Lake Project. To the best of my knowledge, the
findings and recommendations in this Report have not been
discussed in a Public environment. There were some reasons
given why they weren=t discussed a number of months ago.
I don=t believe that those reasons were valid at the time,
and certainly not today. You can discuss the findings and
recommendations of this report without impacting personalities
as opposed to positions. But I think since we paid somewhere
in the order of $10,000 - $15,000 for this report, I was
certainly in agreement with most of the findings that were
found and the remedies to prevent Mr. Bonte (cont=d): this
from happening again. If this Council should have a discussion
of this report and establish the necessary Ordinances or
regulations to prevent any large project in the future from
something like this happening again. I would like to see
if you would consider getting this on the Agenda in the next
month or two so we can put this report and its findings to
President Sohl: Okay. Anyone else from the Public? Seeing
none, I will close the meeting to the Public.
President Sohl: We are going to go directly into a Workshop
ADJOURNMENT to Workshop Meeting
Motion made for adjournment. All in favor, none opposed.
The meeting was adjourned at 8:50 pm.
William H. Sohl
Mt. Olive Township 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 8, 2000.
Lisa M. Lashway
Mt. Olive Township Clerk