Mount Olive Township Council Minutes
January 9, 2001

The Regular meeting of the Mount Olive Township Council was called to Order at 7:30 pm by Council 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. Guenther (8:30), Mr. Sohl (7:50pm), Mrs. Kelly, Mr. Spino, Mr. Scapicchio, President Rattner

President Rattner: I would also like to acknowledge the attendance of the Mayor, Paul Licitra; the Business Administrator, Sandy Kaplan; the Township Attorney, John Dorsey; Township Clerk, Lisa Lashway; and CFO, Sherry Jenkins. I did get a message from Bernie Guenther. Bernie is a representative on the MSA. and it’s a very important job, they have a conflict of meetings. If it gets over earlier enough, he will be here tonight, and I’ve been notified that Mr. Sohl is on his way and should be here momentarily. Before I start the meeting tonight, I ask for a moment of silence. We lost a very valued and loved person in our Community. Anybody who has had a child who has gone through the Middle School in the last 25 years, the odds are, they had Carol Esposito. I’m sure that most people in Town do know there was an accident in front of the Fire House yesterday morning. She was on her way to work and she passed away as a result of that accident. So, with that, I would ask everyone to join us in a moment of silence for Carol Esposito. Thank you.

PRESENTATIONS

Mt. Olive Historic Society

Mr. Michael Radvansky, President, Mt. Olive Township Historical Society: I have a hand out that I would like to go over. I’ll pass this out to everyone. What are Historical Markers? There are many different types–something that distinguishes a Town, or it’s boundaries, but the Focus of the Historical Committee is the one that is authorized by the Morris County Heritage Commission. The Heritage Commission has placed about 115 markers throughout Morris County. Unfortunately, there is only one of those 115 that reside in Mt. Olive, and that’s in the Flanders section, right at the junction of roads down in Old Flanders, there’s a marker that’s hard to see because you’re zipping past it in a automobile. So, being that the Town has such a wealth of history, we identified it would be a tremendous benefit to mark historically significant parts of the Town. We formed a committee. I would like to introduce them, Donna Gierveld, Thea Dunkle, Karen Baker, and myself. We began meeting, probably about two months ago to try to establish what can we do for the Town as far as, try to obtain and be recognized, and authorized by the Heritage Commission for placing additional markers in Mt. Olive Township. What we did, we established some candidate locations that we thought were historically significant for the Town. The Heritage Commission also has a process that you go through to make a formal request. We did get a response, they did authorize us. The work is done by the Heritage Commission. There is a cost, half is borne by the Heritage Commission, half is borne by the Historical Society. We’ll come to that point later. But as far as the candidate location, we would like to place markers for 2001, we’d like to commemorate the Mt. Olive Village–which is located right in the center of Town, Flanders-Drakestown Road–the vicinity of the Academy–that is the Old School House, as you come up Flanders-Drakestown Road between the two churches, there’s a Presbyterian Church—which is now a private residence--and a Baptist Church. Our Committee selected that location for our first marker to be placed in that location. The second marker we felt ought to go to the Bartley area of Town. For next year, we’d like to mark some historically significant location in Budd Lake; and as far as our fourth marker, we’re considering Drakestown as an area–although we may need to have some further discussion on that. So, basically, I’m here tonight to communicate to the Town Council that this is an accomplishment in getting authorization from the Heritage Commission to place a marker in Town. Although I’m not sure as far as the approvals that are required from the Town, I know the heritage Commission requires an Officially sanctioned Historical Society in the Town. It’s proper that we appear before the Town Council and communicate what our intentions are. Also, if there are any Town implications, or anything we ought to be sensitive to as we proceed down the road to install these markers, certainly, our desire to do it properly, do it right, and if there are any type of easements or other things that we need to comply with, we’d certainly like to hear about them. Our next steps towards marker installation, would be a Press Release. We want to advertise this, we want to appear before the Town first, and advertise it in the Chronicle. We’re considering a Fund Raising Drive to offset our cost in the marker. I know the Jerseymen from the High School have acknowledged that they would contribute towards the marker. The cost for a two-sided marker is $2800.

Mr. Radvansky (cont’d): The cost to the Historical Society would be $1400. I’m not sure what the availability of funds would be for the Town, but, certainly, in our Press Release, we’re prepared to go on a Fund Raising Drive, but any contribution from the Town would certainly be appreciated. Thank you.

President Rattner: Thank you very much.

Matt Faecher, Eagle Scout

Mayor Licitra: The reason this came up was because of miscommunication between myself and Bernie Guenther. I was away at the first Eagle Scout presentation I missed in 25 years and there was a miscommunication so we brought Matt up to a Council meeting to honor him. We already presented Matthew with a plaque–both from the Mayor and the Council. We really have just brought Matthew up here with some of his Troop to honor him, to tell him that the Township is very, very proud of him. Matthew’s accomplishments are many. It’s always a pleasure to be at these Eagle Scout presentations, and I think we see what America is all about, what the youth is all about. But, I do want to give Matthew a certificate tonight, A Certificate of Achievement in Honor of Receiving Outstanding Achievement in the Rank of Eagle Scout with the Boy Scouts of America, this Award is presented to Matthew Scott Faecher on the 9th Day of January, 2001, by the Mayor and Council of Mt. Olive Township in Morris County, New Jersey. And I turn the floor over to the Council, if you would like to add anything before Matt addresses the Council.

Mr. Heymann: I’ve had the pleasure of not only knowing Matt, but coaching Matt. I know it’s an honor well-deserved, and he’s worked very hard for this honor, and it certainly doesn’t surprise me. Congratulations, and good luck in your future endeavors.

Mrs. Kelly: Congratulations, it’s a great feat.

Mr. Spino: Congratulations.

Mr. Scapicchio: Congratulations, Matt, I have all girls at home, so I don’t get to go through this in my house. But, congratulations and good luck.

President Rattner: I’ll just say, congratulations, it is one heck of an accomplishment when you become the best of anything that you do. Hopefully, this is the start of your entire life, that you always strive for the same thing, for perfection and always be on top. Congratulations, the Town is proud of you, we’re all proud of you.

Mr. Matt Faecher: Thank you. I just have a few words. I would like to express my heartfelt gratitude for honoring me tonight with this very special recognition. I appreciate your support in attaining the rank of Eagle Scout through a member of Flanders Boy Scout Troop 156–and my troop is here. It is without question that without them and the Council Leadership, I would never been able to attain Eagle Scout. I would like to thank them at this time. I would also like to thank the Council and Mayor Licitra for honoring all the Eagle Scouts so, the whole Town can know we have these great scouts and this great program. Thank you.

President Rattner: Thank you very much. Let the Record show that Mr. Sohl has arrived at 7:50pm. Now, we come to the part of the meeting that we’ve all been waitingr.

ADMINISTRATIVE REPORTS - Mayor’s State of the Township Address

Mayor Licitra: Make yourselves comfortable:

(Please click on the following link to read the State of the Township Message in its entirety.)

STATE OF TOWNSHIP MESSAGE

LEGAL REPORTS

Mr. Dorsey: The only thing I will tell you, as I’ve already told you in written report is that we resolved the Wyndham Hotel Tax Appeal for 1999. We were very anxious to add to the Mayor’s surplus. Sherry made me go and deposit money into the Township’s Current Account. That’s the first time I’ve ever done that. I remember drawing it out. But, it was a very good resolution and we netted over those two years by appealing the 1999 original Assessment, $90,485.00 deposited by 2:15pm on December 29, 2000. So, you have a report on it. I normally have you pass a Resolution to approve it, but there really wasn’t time for such formalities to get the money deposited, so it’s done.

President Rattner: Thank you, Mr. Dorsey.

APPROVAL OF MINUTES OF PREVIOUS MEETINGS:

October 24, 2000: Present: Mr. Heymann (8:45), Mr. Guenther, Mr. Scapicchio, Mrs. Kelly, Mr. Spino, Mr. Rattner, President Sohl

December 28, 2000: Present: Mr. Scapicchio, Mrs. Kelly, Mr. Spino, Mr. Rattner, President Sohl Absent: Mr. Heymann, Mr. Guenther

January 2, 2001 Present: Mr. Heymann, Mr. Guenther, Mr. Scapicchio, Mrs. Kelly, Mr. Rattner,

Reorganization President Sohl

Absent: Mr. Spino

Mr. Sohl moved for approval of the Minutes and Mr. Scapicchio seconded the motion.

Mr. Sohl: I just want to comment as a thank you, to Lisa and her Office. One of the things when I became Council President last year was, I kind of really leaned on Lisa and Mary to get the Minutes caught up. And, that has, in fact, been done. So, that is a plus. We are maybe one set of Minutes behind, which is normal. It’s a thankless job, I know, but it has to be kept up-to-date, and we’re really up-to-date, and that’s great. Thank you.

ROLL CALL: Passed by the majority.

Exceptions: Mr. Heymann and Mr. Guenther ABSTAINED on 12/28/00

Mr. Spino ABSTAINED on 01/02/01

CORRESPONDENCE

Letters From Residents

1. Letter received January 4, 2001 from Debbie Getchius, Mt. Olive Ice Hockey Booster Club, thanking the Mayor and Council for their contribution to the High School Hockey campaign.

2. Letter received January 4, 2001 from Jane M. Israel, President Library Board of Trustees in response to letter from Mr. & Mrs. J.F. Malinowski regarding Library expenses.

3. Letter received January 4, 2001 from Thea Dunkle RE: refurbishing expenses associated with Old Municipal Building artifacts.

Resolutions, Ordinances, Correspondence from other Towns

4. Resolution received December 18, 2000 from the Borough of Chatham RE: In support of Amendment to the Morris County Regional Emergency Deployment System Agreement.

5. Letter received December 21, 2000 from the Borough of Netcong RE: Reorganization Meeting.

6. Letter received December 27, 2000 from Township of Roxbury Planning Board RE: Regular Meeting scheduled for January 10, 2001.

7. Resolution received December 29, 2000 from the Borough of Elmer recognizing and acknowledging the hard work and diligence of Mayor Larry Anzovino.

Resolutions, Ordinances, Correspondence from Freeholders and County Departments

8. Letter received January 2, 2001 from Morris County Park Commission RE: A Forum on State Funding for Morris County, Wednesday, January 24, 2001.

9. Notice received from Morris County Land Conservancy RE: Next meeting of Morris County’s Green Table, Wednesday, January 24, 2001, 8:00am.

Correspondence from Legislative Representatives and State Departments

10. Priority System, Intended Use Plan, Project Priority List and Response Document for Federal Fiscal Year 2001 received December 27, 2000 from NJDEP.

11. Letter received December 28, 2000, from State of New Jersey, State Planning Commission RE: Public Hearing in Morris County, January 3, 2001.

League of Municipalities

12. Notice received January 4, 2001 from New Jersey State League of Municipalities RE: Police and Fire Labor Contract Data Service.

DOT/DEP/Permits/LOIs

13. Letter received December 27, 2000 from Giordano, Halleran, & Ciesla RE: Petition for Approval of Service Area, Oakwood Village Sewerage Associates, LLC.

14. Revised Permit received December 27, 2000 from NJDEP RE: NJ Foreign Trade Zone Venture, for construction and operation of a sanitary sewer extension.

15. Letter received December 28, 2000 from NJDEP RE: Revised Permit issued to Oakwood Garden Developers for the construction and operation of the modification and rehabilitation to the existing Oakwood Village Sewage Treatment Plant.

16. Letter received December 29, 2000 from NJDEP RE: Approval of proposed modified transition area boundary line. New Jersey-American Water Company B 103 Lot 2.

Correspondence from Organizations/Committees/Boards

17. Letter received December 15, 2000 from Municipal Excess Liability Joint Insurance Fund RE: 1999 - 2000 Annual Report.

COAH

18. COAH Newsletter, December, 2000 received January 2, 2001.

Correspondence from Cable Networks/Utilities

19. Notice received December 29, 20000 from New Jersey Natural Gas RE: New Jersey Natural Gas Company Levelized Gas Adjustment Clause.

20. Comcastfax January 2001, received January 4, 2001 from Comcast Cable.

21. Letter received January 5, 2001 from the MSA RE: Allocations for participating Municipalities and community usage for the fourth quarter of 2000.

President Rattner stated that we had received 21 items of correspondence and asked Council if there were any comments on same.

ORDINANCES FOR PUBLIC HEARING: NONE

ORDINANCES FOR FIRST READING: NONE

President Rattner: We have no Ordinances for Public Hearing, and we have no Ordinances for First Reading, so we’ll do no harm this week.

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.

2. Resolution of the Township Council of the Township of Mount Olive Requesting the Morris County Board of Freeholders to Accept Jurisdiction and Maintenance Responsibility for the Dara Estates Bridge.

3. Resolution of the Township Council of the Township of Mount Olive Authorizing the Reduction in Performance Guarantees Posted by Toll Brothers, Inc. in Connection with Wyndham Pointe, Sections I and II.

4. A Resolution Expressing Strong Support for the Pension Cost Stabilization Act, S-1961, Sponsored by Senate President Donald T. DiFrancesco and Senator Robert Littell, Which Would Provide New Jersey Property Owners with Tax Relief Through the Reduction of 2001 Municipal Costs.

5. Resolution of the Township Council of the Township of Mount Olive Authorizing the Execution of a Developer’s Agreement Between the Township and AIG Baker. (ITC South Final)

6. Resolution of the Township Council of the Township of Mount Olive Authorizing the Business Administrator to Execute a Treatment Works Approval Permit on Behalf of K-Land No. 51, LLC (Woodfield Section IIC - Bartley Ridge).

7. Resolution of the Township Council of the Township of Mount Olive Authorizing the Execution of a Developer’s Agreement Between the Township and Rachel Manor Estates (Formerly Koval Off Old Wolfe Road)

8. Resolution of the Township Council of the Township of Mount Olive Authorizing the Execution of a Developer’s Agreement Between the Township and Fairways at Flanders, LLC. (Flanders Airport)

9. Resolution of the Township Council of the Township of Mount Olive Authorizing the Business Administrator to Execute a Treatment Works Approval Permit on Behalf of K-Land No. 51, LLC (Oak Hill II)

10. Resolution of the Township Council of the Township of Mount Olive Awarding a Contract to the Tribus Companies for Risk Management Services.

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

President Rattner: Is there anyone from the Public who would like to address any of the Consent Resolutions? Council Comments?

ROLL CALL: Passed by the majority, Exception: Mr. Spino voted NO on #5 and #8.


MOTIONS

President Rattner: We have no motions this evening. No Bills, no Raffles or Peddler’s Permits.

COUNCIL REPORTS: NONE

PUBLIC PORTION

President Rattner: I now open the meeting to the Public. Is there anyone who would like to address the Council on any matter?

Mrs. Suzanne MacDowell, 223 Waterloo Valley Road: I’m here to ask the Council’s help in resolving an issue with regard to the Sewer Servicing Area for my property. My property is in a Light Industrial Zone, and I’ve been trying to market it for some time now. The one issue that has not been resolved, I learned today, is whether the property is within the Musconetcong Service Area, or within the Budd Lake Sewer. I just need some direction as to where I go from here. We’ve been corresponding with Mr. Casey and the Engineer for Mrs. MacDowell (cont’d): the Musconetcong Sewer Authority. I was advised by my Attorney, and, Mr. Dorsey, this is hearsay, and I apologize if it’s incorrect, that we had a verbal opinion from Mr. Dorsey that the property was within the Musconetcong Service area. So, I’m at a loss. I don’t know where to turn to get this question answered.

Mr. Dorsey: My opinion I rendered was–my recollection–your property fronts on Waterloo Valley Road, and if I recall correctly, there were sewer lines in Waterloo Valley Road, not installed by you, but by somebody else. My opinion was, that if those lines were installed in a Public Road, a Township Road, the Township had the right to grant you the authority to connect to those lines. So, where do those lines take the sewerage to? Well, then it’s the Township Engineer, or Chuck McGroarty that have to answer that. But, if, clearly, the sewerage ultimately must go to the MSA Plant because that’s the only plant that processes or treats sewerage from Mt. Olive other than Cloverhill. So, I’m not the Engineer, but that seems to be the logical response to that question.

Mayor Licitra: I will have Sandy Kaplan look into this–I thought it was resolved because I haven’t heard anything more about this. We will discuss this with Mr. Casey-

Mrs. MacDowell: I’ll be happy to share with you the letter that we got from Lee Purcell Associates. It just was faxed to me today at 3:30pm. After talking to my Attorney, he recommended that I come tonight and make you aware and try to get a hasty resolution to the problem.

Mayor Licitra: You’re going to get an answer, whether we agree with it or not–Sandy will work on it–can you get it by the end of the week? I appreciate you coming back. I thought it was resolved because I didn’t hear anything on it.

Mrs. MacDowell: We thought it was too. Your office has been very helpful. The monkeywrench in the works is the Musconetcong Sewer Engineer, not the Township Engineer. So, I appreciate it very much.

Mr. Sohl: Do you have that letter with you?

President Rattner: I believe Mr. Casey is aware–I think he has correspondence on it, and he’s usually able to resolve knowing where our service area is because that was approved by the DEP. It’s was the service area there. It’s either a yes or a no. There’s no in betweens.

Mayor Licitra: It isn’t as easy as it seems. This is a very complicated issue. It might be a simple issue–

President Rattner: I’m saying the service area, then having a line and being able to hook into it.

Mayor Licitra: It seems to me it isn’t all cut and dry on this issue. If I had to take a quick guess, there’s almost like there’s no resolve. We’ll get back to you.

Mrs. MacDowell: We have resolved–we have determined that there is the ability to hook into the sewer. We determined that there is capacity even if we have to do what they call an inter-basin, something or other. But now the question is, which sewer authority services the property. That’s what I’m asking for your help with.

Mayor Licitra: We promise to get back to you.

Mr. Sohl: I would just add. From my perspective, from what I’ve seen of this issue, the last–and the fact was, my understanding was, that sewer line, the MSA sewer line was in the street. It leaves the street right-of-way and goes to the property across the street from Mrs. MacDowell–before, actually, I think it passes a similar house. But, by the same token, my belief would be that if the potential purchasers of that property wants to connect and build to the point where it’s in the street, I don’t see why we oppose that. We’ve got spare gallonage that we’ve been trying to allocate out one way or the other–

Mr. Dorsey: But, Bill, we’ve taken the position–well, Mrs. MacDowell did not build that line, my position is, that that line is in the public street. Whoever built that line put it in the public street, therefore we have the right to grant access to Mrs. MacDowell. I kind of thought that was the end of it. Obviously, the sewerage that flows to that line is not to go to the MSA Plant.

Mr. Sohl: Correct. That would be my understanding.

President Rattner: The MSA doesn’t own any lines in that area.

Mr. Sohl: Right.

President Rattner: So it’s not the MSA’s.

Mr. Sohl: So who’s is it? The lines are owned by somebody.

Mr. Dorsey: The line in the street is public property.

President Rattner: Then it’s Mt. Olive.

Mr. Guenther: How about the Trade Zone?

Mr. Dorsey: Well, the Trade Zone built it. It’s a public street, and all the Trade Zone’s sewerage goes to the MSA.

Mr. Guenther: Just a question, who wrote that letter that said this wasn’t part of the MSA? Was it from the MSA?

Mrs. MacDowell: Lee T. Purcell, Associates.

Mr. Dorsey: Lee’s a bad guy.

Mr. Guenther: Oh. Hhmmm, hhmmm, hhmmm.

Mrs. MacDowell: I can tell you what it says, exactly.

Mr. Guenther: Hhmmm, Don’t tell me any more. That’s enough. That goes without saying.

Mrs. MacDowell: Okay.

Mr. Guenther: (INAUDIBLE) idiot.

President Rattner: Is there anyone else who would like to address the Council?

Mr. Bonte: Just an observation. The other day I went to the Budd Lake Post Office, and I noticed that a certain section of the Budd Lake Post Office is now going through what appears to be a third tenant. This came up a few weeks ago, if you recall where original owners were absolved of owing all kinds of money. Then the subsequent tenants were absolved of any obligations.

Mr. Dorsey: We didn’t say the second tenants were absolved–we have a suit against the second tenants. The first tenant was absolved because we got a judgement and we went to lock the facility up, and those owners had sold and had gone into dissolution. The second tenants were called something like “The Dream Team” and there’s a suit out against them.

Mr. Bonte: I stand correct. I would like to point out the facility, the restaurant is now closed and there is a sign that says coming in about a week is a new establishment. So, if you recall, I asked you what do we do about a C/O and can we hold up? Because now we might have an opportunity.

Mr. Dorsey: I absolutely agree–we’ve gone through a lot of nonsense. The Federal Government holds itself out it is not responsible for taxes itself, it is not responsible for tenants. So, Sandy, when somebody applies for the next C/O for that building, somebody has to tell them there is an outstanding debt for taxes.

Mr. Bonte: I understand the Federal Government’s role in that you don’t tax Federal Facilities, but the Federal Government should not be allowed to rent parts of their property without those commercial endeavors being liable for the services the Township provides. That’s all I wanted to pass on. Thank you.

Mr. Dorsey: You’re right, Rich. Tell them before the next C/O is issued.

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

COUNCIL COMMENTS: NONE

President Rattner: The Mayor has one?

Mayor Licitra: You’ll be very happy to know that you people are going to have your Budget on Friday.

President Rattner: That’s early. That’s not even on time.

Mayor Licitra: I realize that. That’s a Record for Mt. Olive. Sandy and Sherry did such a great job on it. You will have it by Friday for your review.

Motion made for adjournment. All in Favor, None Opposed. The Meeting was adjourned at 8:46pm.

______________________

Steven W. Rattner

Council President

I, LISA M. LASHWAY, Township Clerk of the Township of Mount Olive do hereby certify that the foregoing Minutes is a true and correct copy of the Minutes approved at a legally convened meeting of the Mount Olive Township Council duly held on January 23, 2001.

________________________

LISA M. LASHWAY

Mount Olive Township Clerk

 

 
 

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

Physical Address:
Mount Olive Township
204 Flanders-Drakestown Road
Budd Lake, N.J. 07828

Telephone:
Main (973) 691-0900, Fax (973) 347-0860

Business Hours:
8:30 am - 4:30 pm (Monday thru Friday)


 

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