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
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
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.
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
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
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
December 28, 2000: Present: Mr. Scapicchio, Mrs. Kelly,
Mr. Spino, Mr. Rattner, President Sohl Absent: Mr. Heymann,
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
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
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
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
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
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
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.
18. COAH Newsletter, December, 2000 received January 2,
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
20. Comcastfax January 2001, received January 4, 2001 from
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
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
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.
President Rattner: We have no motions this evening. No Bills,
no Raffles or Peddler’s Permits.
COUNCIL REPORTS: NONE
President Rattner: I now open the meeting to the Public.
Is there anyone who would like to address the Council on
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
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
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
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
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
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
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