Mount Olive Township Council Minutes
July 11, 2000

COUNCIL MINUTES JULY 11, 2000

The Regular meeting of the Mount Olive Township Council was called to Order at 7:30 pm by Council President Sohl.

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. Guenther (8:05pm), Mr. Scapicchio, Mrs. Kelly, Mr. Spino, Mr. Rattner, President Sohl

Absent: Mr. Heymann

President Sohl: I would also like to acknowledge the attendance of the Mayor, Paul Licitra; the Business Administrator, Sandy Kaplan; the Township Attorney, John Dorsey; and Deputy Township Clerk, Mary Eckel.

ADMINISTRATIVE REPORTS

Mayor Licitra: Bill, I sent you a copy of a letter I did send to Steve Nicholls at GPU, billing him for the recent power outages. So, I’m going to wait for a response. Secondly, a letter I received from our Police Chief concerning the Waterloo Village “Dylan Concert.” Even though I did like Bob Dylan when I was overseas in Vietnam–believe it or not, we used to listen to him, I find it depressing that Mt. Olive gets all the grief and none of the glory for this concert as far as the Police Protection and as far as our First Aid and Fire Squads having to expend time. Ed Katona, the Chief of Police, and John Gutwerk, the Chief of Police in Byram penned a letter to me saying that they have some problems with the Public Health and Safety issues with this concert. It’s come to our attention tonight, after talking to the Police Chief that they don’t have to adhere to Judge Stanton’s rule from the last concerts–when they had all the problems–unless they sell 8,500 tickets. At that point, that’s when it goes in that they have to come to the Township and get our approvals. So, it behooves them to keep the pre-ticket sales down–at least tell us that they’re keeping the pre-ticket sales down. So, what I advised Sandy (Kaplan) to do, was to have Sherry (Jenkins) go to the concert promoters and find out if they can send us an accounting of their pre-ticket sales. I’m not saying that they would hold back that information, but I would think that if they had 15,000 pre-ticket sales for Phish, they probably would have more than 6,700 for Bob Dylan. After all, Bob Dylan is the type of person who has a big following–if you like Bob Dylan. So, that’s what we’re going to do. Ascertain how many people are going to this concert on the pre-ticket sales. By the way, the letter they sent back to the Chief wasn’t the nicest of letters. Almost like an adamant, pompous letter–I’ll share this correspondence with you. But, anyway, I am on top of it, the Chief is on top of it. We’re hoping--we may even take action by closing our roads, we’re looking at that. It’s an extreme measure, but if it’s going to get someone to pay attention to what we want them to do to make it a safe concert where people come through our Town, that’s the way we have to do it.

LEGAL REPORTS: None

APPROVAL OF MINUTES OF PREVIOUS MEETINGS:

January 4, 2000 Reorg. (Present: Mr. Sohl, Mrs. Kelly, Mr. Spino, Mr. Rattner, Mr. Scapicchio

Absent: None)

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

ROLL CALL: Passed Unanimously

CORRESPONDENCE

Letters From Residents

1. Letter received June 23, 2000 from Jack Wagenti RE: Placing question on November Ballot, “Should School Taxes be Removed from Property Taxes?”

2. Letter received July 5, 2000, from Rich Bonte, RE: Resignation from Mt. Olive Old Municipal Building Program Committee.

School Correspondence

Resolutions, Ordinances, Correspondence from other Towns

1. Resolution received June 15, 2000 from the Borough of Netcong RE: Petitioning Governor Whitman to Release $7 Million in available State Funding for the Reinstatement of the Recycling Grant Program and calling upon the State Legislature to develop a long term and permanent source of funding to support this program.

2. Ordinance received June 19, 2000 from the Township of Roxbury RE: An Ordinance to Amend Chapter XIII, Land Use Section 13-7.5 Zoning Map, of the Revised General Ordinances of the Township of Roxbury, County of Morris, State of New Jersey.

3. Letter received June 19, 2000, from Allamuchy Township, RE: July 30, 2000 Concert - Bob Dylan and Phil Lesh.

4. Resolution received June 22, 2000 from the Township of Long Hill in support of Assembly Bill ACS-1848-one year moratorium on complying with WHS Realty Decision - Trash Collection Services to Apartment Complexes.

5. Resolution received June 23, 2000, from the Township of Parsippany - Troy Hills Opposing any Reduction or Changes to the HUD Budget.

6. Resolution received June 26, 2000 from the Town of Boonton Opposing Bill S258, would Significantly Curtail and Modify Workers’ Compensation Benefits for Injury and Death Sustained by any Volunteer Firefighters, First Aid or Rescue Squad Workers and Other Certain Volunteers.

7. Resolution received June 26, 2000 from the Township of Tewksbury RE: All Municipalities having quarries located within their Boundaries.

8. Resolution received June 29, 2000 from the Township of Tewksbury RE: Opposing Senate Bill 940 and Assembly Bill 2371 concerning the Regulations connected with the Operation of Mines and Quarries.

9. Resolution received July 6, 2000 from the Board of Chosen Freeholders, in opposition of S-940/A-2371. (Quarry regulations.)

10. Resolution received July 7, 2000 from the Town of Dover regarding opposition in any changes to the Hud Budget.

League of Municipalities

11. Letter received June 12, 2000 from Morris County League of Municipalities RE: Highlands Coalition, meeting June 21, 2000.

12. Legislative Viewpoint received June 26, 2000 from the New Jersey State League of Municipalities RE: Off-track Wagering facilities; Access to Public Records/Privacy Rights; REAP.

13. Legislative Bulletin received June 27, 2000 from the New Jersey State League of Municipalities RE: 2000 - 2001 Legislative Session.

14. Legislative Viewpoint received July 6, 2000 from the New Jersey State League of Municipalities RE: I. Budget Update; II. Update of the Public Library Project Grant Act; III. Regulation of Mining Operations; IV. Off-Track Betting; V. League Joins State on Heavy Truck Ban; VI. Access to Records Reform.

DOT/DEP/Permits/LOIs

15. Letter received June 12, 2000 from the DEP, Bureau of Underground Storage Tanks, RE: Closure, UST #0124418, Callaremi Pontiac, Buick, Cadillac & G.M. Inc.

16. Letter received June 15, 2000 from the DEP RE: Permit for the construction and operation of a sanitary sewer system, an on-site wastewater treatment plant, and subsurface disposal facilities, and change in the name of the project from Rickland Village to Wyndham Pointe.

17. Permit received June 15, 2000, from the DEP, Water Supply Administration, Bureau of Safe Drinking Water water main extension from Bartley Flanders Road. (DPC Cirrus, Inc.) for the distribution of water for potable purposes.

18. Letter received June 16, 2000, from the DEP Bureau of Underground Storage Tank RE: Oakwood Village Apartments, Well Permit #25-55969.

19. LOI received June 16, 2000, from DEP, Land Use Regulation Program, The Opper Group, Block 4501, Lot 1.(Route 206, adjacent to Mooney Road.)

20. Letter received June 21, 2000, from the DEP Land Use Regulation Program RE: Transition Area Waiver - Averaging Plan Approval Block 4600 Lots 6 & 10. (Dara Estates)

21. Letter received June 21, 2000 from the DEP, Bureau of Underground Storage Tanks, RE: Remedial Investigation Workplan dated 5/12/00, Former Shell Service Station, 118 Rt. 46 & Woodland Avenue. UST #0047018

24. Letter received June 21, 2000 from DEP, Land Use Regulation Program. RE: Transition Area Waiver-Averaging Plan Approval, Dry Creek Builders, Block 6600 44, Lot 8. (Rt. 206 & Bartley Road)

25. LOI received June 21, 2000 from DEP, Land Use Regulation Program, The Opper Group, Block 4501, Lot 1. (Route 206, adjacent to Mooney Road.)

26. Permit received June 22, 2000 from DEP, Municipal Finance and Construction Element, Division of Water Quality, for Hackettstown MUA, Granting permission to construct and operate sanitary sewer extension to serve single family dwellings known as “Oak Hill/Section II.”

27. LOI received June 22, 2000 from DEP, Land Use Regulation Program Block 7702, Lots 16, 26, 28, & 32. (Wildwood Ave/Old Wolfe Road)

28. Permit received June 29, 2000 from DEP to Township of Mt. Olive, grants permission to removed accumulated sediments from the southern shoreline of Budd Lake.

29. Notice of request for LOI received June 27, 2000, from Amy S. Greene, Environmental Consultants, RE: Mt. Olive Complex, Project #1755

30. Notice of request for LOI received June 28, 2000, from Amy S. Greene, Environmental Consultants, RE: Mt. Olive Complex, Project #1755.

31. Permit received July 5, 2000, from DEP to Township of Mt. Olive, RE: stream encroachment, freshwater wetlands.

32. Letter received July 6, 2000 from DEP RE: Drinking Water Sampling Guidance and Zero Tolerance Enforcement Policy.

Correspondence from Organizations/Committees/Boards

Correspondence Regarding Tort Claims/Verified Notice of Lien Claim/Petitions

Land Use/Development Matters

33. Letter received June 12, 2000, from Morris, Hantman & Plastoris, RE: Designs Builders, Inc. - Woodbine and Clinton Avenue Properties.

COAH

34. June 2000 Newsletter received July 6, 2000 from COAH.

Correspondence from Cable Networks/Utilities

35. Fax received June 9, 2000, from NJ Energy Choice, RE: Internet sign-ups, Pilot Program beginning Fall, 2000.

36. Letter received June 16, 2000, from NJ Natural Gas, invitation to reception for County and Municipal Public Officials of Morris County, Wednesday, July 19, 2000, 6:00pm - 8:00pm at the Parsippany Hilton.

Correspondence from Legislative Representatives

37. Letter received June 22, 2000, from Assemblyman Peter J. Biondi in response to two Mt. Olive Township Resolutions RE: Assembly Bill2086 and Assembly Bill 129.

Notices

38. Notice received June 1, 2000, from NJ DEP, Application No. 5333 to divert water from 4 new wells, 12 existing wells and one spring in the Township of Washington, Morris County.

39. Notice received June 2, 2000 from K. Hovnanian North Central Acquisitions, LLC, has applied to the Planning Board of Hackettstown, requesting a minor subdivision of Block 119, Lot 82. (Seber Road, Hackettstown)

MSA/MUA

40. Minutes received July 7, 2000, from the Musconetcong Sewerage Authority regarding the June 7, 2000 meeting.

President Sohl stated that we had received 40 items of correspondence and asked Council if there were any comments on same.

Mrs. Kelly: On #9, the Resolution from Tewksbury about the quarries–I know that we’re not in favor of that Assembly Bill. I think we should follow suit and maybe use theirs as an example.

Mr. Dorsey: Okay.

President Sohl: John, you’ll prepare a Resolution?

Mr. Dorsey: For Charlene, I will.

Mr. Spino: There are some other Resolutions–#7, Opposing any changers or Reduction to the HUD Budget, #6–this doesn’t effect us, but it effects some Towns--Moratorium on complying with trash services to Apartment complexes. And #10, also from Tewksbury, concerning the operation of Mines and Quarries. I think we should follow suit.

President Sohl: All right, we’ll do Resolutions–John, will you prepare them for the next meeting?

Mr. Dorsey: Yes.

President Sohl: Item #32 is a heavy warning for the Townships not to mess up on even routine measurements, and providing that statistical data reports relative to water sampling. We’ve had more than enough of those cases in the past and the prior Administration’s stock answer was, “Oh, it was just a simple oversight.” Well, the DEP isn’t going to tolerate it any more. We’ve managed to back out of certain fines previously. I get the direct impression they’re not going to be as lenient in the future. So, I just bring that to your attention as a caution for the Administration. I’m sure Mr. Casey has already seen it, as head of our DPW.

ORDINANCES FOR PUBLIC HEARING

Ord. #21-2000 An Ordinance of the Township of Mount Olive Amending and Supplementing an Ordinance Entitled “Bond Ordinance Providing for Various Capital Improvements of the Township of Mount Olive, in the County of Morris, New Jersey, Appropriating the Aggregate Amount of $1,250,000 Therefor and Authorizing the Issuance of $1,187,500 Bonds or Notes of the Township to Finance Part of the Cost Thereof (Ordinance No. 21-99 as amended by Ordinance No. 21-2000) (amendment to 1999 Capital Ordinance)

President Sohl opened the Public Hearing on Ord. #21-2000

President Sohl closed the Public Hearing on Ord. #21-2000

Mr. Scapicchio moved for Adoption and Final Passage on Ord. #21-2000 and Mr. Rattner seconded the motion.

ROLL CALL: Passed Unanimously

President Sohl declared Ord. #21-2000 as Passed on Second Reading.

ORDINANCES FOR FIRST READING (public hearing date August 8, 2000)

Ord. 26-2000 An Ordinance of the Township of Mount Olive to Vacate a portion of Old Budd Lake Road, A Portion of Netcong-Flanders Road, A portion of Gold Mine Road, and An Unimproved Right-of-Way.

Mrs. Kelly moved that Ord. #26-2000 be introduced by title and passed on First Reading and that it be scheduled for Adoption after a Public Hearing on August 8, 2000 at 7:30 p.m. Mr. Rattner seconded the Motion.

Mr. Scapicchio: Bill, maybe Mr. Dorsey can give a brief description of what this Ordinance is about–for the Public.

Mr. Dorsey: This Ordinance on First Reading is an Ordinance to vacate a portion of Old Budd Lake Road, Goldmine Road, and Flanders-Netcong–all in accordance with plans that have been tentatively approved by the Planning Board dealing with the Development of ITC South, and an entirely new circulation plan involving the construction–among other things of a new collector road as is referred to which will connect Route 46 with Route 206. There are a series of Agreements that go along with this Ordinance. One Agreement that I think we should approve tonight is the Agreement which we referred to as the Agreement Dealing with Vacations and Dedications because under that Agreement, and in connection with this Ordinance, the Township receives $400,000 from the Developer because that portion of Netcong-Flanders Road to be vacated “accretes “–that’s a legal term meaning the land under that road becomes owned by the International Trade Zone.

President Sohl: And just as an additional comment, the next Ordinance, #27-2000, is also part of that whole process.

ROLL CALL: Passed Unanimously

Ord. 27-2000 Bond Ordinance Providing for the Construction of a New Connector Road to Join Routes 46 and 206 To Facilitate the New Jersey Foreign Trade Zone Venture In And By the Township of Mount Olive, In The County of Morris, New Jersey, By The New Jersey Foreign Trade Zone Venture, Appropriating $3,000,000 Bonds, Notes Or Loans Of The Township To Finance Part of the Cost Thereof.

Mr. Scapicchio moved that Ord. #27-2000 be introduced by title and passed on First Reading and that it be scheduled for Adoption after a Public Hearing on August 8, 2000 at 7:30 p.m. Mr. Rattner seconded the Motion.

Mr. Dorsey: Just so everybody understands, this is a different kind of Ordinance. The Township of Mt. Olive is in receipt of a Grant from the State of New Jersey in connection with the development of the new road known as International South. This Ordinance needs to be adopted, not because the Township is going to be indebted for any of this money, it is simply the mechanism by which the Township is authorized to expend the money it will receive either from the State of New Jersey, pledged by the State of New Jersey, or from ITC South which is going to actually construct the new collector road and add about $3 million to the $3 million to be collected from the State of New Jersey. It is a no-cost situation to the Township of Mt. Olive, it is simply money in and money out for this new road.

President Sohl: Thank you, John.

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.

PUBLIC PORTION ON CONSENT RESOLUTIONS

1. Resolution of the Township of Mount Olive Authorizing a General Release to Aponte Construction Co., Inc.

2. Resolution of the Township Council of the Township of Mount Olive Authorizing a Person-to-Person Transfer of Alcoholic Beverage License No. 1427-33-010-004 from Maltese Inc. to VAG Corporation Trading as Frank’s Pizzeria.

3. Resolution of the Township of Mount Olive Authorizing the Use of Various State Purchasing Contracts.(Allied, Dell, Peterson Treescape, Warnock)

4. Resolution of the Township Council of the Township of Mount Olive Authorizing the Mayor and Township Clerk to Execute a Discharge of an Agreement Between the Township and ESC Stone Products.

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

ROLL CALL: Passed unanimously

RESOLUTIONS - NONCONSENT

Mr. Dorsey: Mr. President, I ask the Council to move for the adoption of Resolution of the Township Council of the Township of Mt. Olive approving and authorizing the Execution of an Agreement entitled “Vacation and Dedications Agreement” by and between the Township and the New Jersey Foreign Trade Zone.” This resolution has been posted and copies made available by the Clerk. This is the Agreement we should move tonight because it is connected to Ordinance, #26-2000 and is the mechanism by which we receive the $400,000.

President Sohl: Thank you, John.

Mr. Rattner: So moved.

Mr. Scapicchio: Second.

President Sohl: Is there anyone from the Public who would like to address this Resolution?

ROLL CALL: Passed unanimously

MOTIONS

1. Bill List. ATTACHMENT A

Mr. Rattner moved for approval of the Bills and Mr. Spino seconded the motion.

ROLL CALL: Passed unanimously

2. Approval of Bingo Application #947 for St. Judes Church; Approval of Raffle Application #948 for NJ District #6, Vasa Order of America. Approval of Raffle Application #949 and Raffle Application #950 for Starlight Chapter #107, Order of the Eastern Star.

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

ROLL CALL: Passed unanimously

COUNCIL REPORTS

Mr. Spino: The Open Space Committee met last evening. We did a lot of work on Crown Tower trying to work something there. Smith Farms, Mr. Dorsey is working on that acquisition. One of the things that did come up, they’re interested in including a statement on a proposed Ballot question to include Open Space, and the development of that Open Space for recreation, and farmland preservation.

Mr. Dorsey: Smith Farm–it is a month ago that we sent the Title 20 Letter Demand to Smith Farms. Our letter was received, because somebody in that Office–I assume it’s an office, signed the Certified Mail Receipt. There has been no response whatsoever. I reported that to Laura Szwak. Now it’s a question for the Council, whether the Council is prepared to essentially adopt a Resolution and go forward.

Mr. Spino: Well, that was brought up, and what she recommended since some of the principals in that property travel back and forth to the Orient quite often, that might be the hold up. She wasn’t sure, but she said she would like to give that a little more time, rather than go into any kind of condemnations–at this point.

Mr. Dorsey: All right–I have just told you, you have to decide when you want to move on it.

PUBLIC PORTION

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

Mrs. Toni Ayers, 203 Sandshore Road, Budd Lake: I’m back again with the request that we have one large item free pick up a year. We’re paying enough taxes, we shouldn’t have to pay extra to have large items removed. Mrs. Godwin and I did a little survey of surrounding towns. Netcong gets an A+. They pick up once a week, every Thursday, all their big items. Byram has certain items that are free; Randolph, one large item per week. Mrs. Ayers (cont’d): Roxbury, you have to pay. Stanhope, once a year bulk items permit for $50 for one ton. Washington Township gets an “F” they have no pick up for anything. Pay or non-pay. Everyone has responsibility of disposing of their own large items. That’s a little survey we did of some of our surrounding communities. I think if you’re willing to spend over $1 million on that baseball field I think you could readjust the Budget a little bit so that we could get one free large item pick up per year. I’m up to my ears with the planned recreation for the children and I think that really came to roost this past week when one father killed another father in a fist-fight–nine-year-olds–at a hockey game. You know, why don’t we just step back and let the kids do things. And I’m sorry Ron isn’t here because I have a quote from him–this was in the Chronicle last week, July 6, 2000–talking about the upkeep of the fields. He said that the surrounding communities take care of that–the Town manicures their playing fields. And I quote, “Here the parents of the kids who use the fields have just gotten used to showing up a few hours early to take care of the fields before they can be played on. It should be done by the Township.” I challenge that. What’s wrong with parents getting out there and helping to manicure the fields that their kids are playing on. Am I the voice crying in the wilderness? Am I coo coo? What? I don’t understand. Why do we, the taxpayers have to do everything? If parents want their child to participate, I feel they should pay for it–or contribute something–besides buying the uniform or whatever. Any comments from the Council on these?

Mayor Licitra: We’re working on the pick up. I had a couple of ideas that the DPW Director is working on. Yes, it isn’t in the Budget for this year, maybe there will be something in the Budget for next year. But we’re going to try something in September–I’d rather not mention it at this time, but it will be able to alleviate most of the big pick up items, that might be a reasonable cost to the Town.

Mrs. Ayers: You know, you manipulate other things in the Budget when things come up. Shift figures around a little bit.

Mayor Licitra: It’s not always easy to find $60,000–that’s the figure that’s coming up--

Mrs. Ayers: Well, if you’re going to put $1 million in that stupid ballfield down there--

Mayor Licitra: That’s for Bonding–that’s Capital, there’s a difference–

Mrs. Ayers: I look at it as money.

Mayor Licitra: I do, too, but the Government doesn’t. That’s the bad part. But, take it–it’s something that I’m working on. It’s something that I realize the Township needs. It’s something that I would like to provide. As I said, I can only put out so many forest fires. This is one of the forest fires that I’m working on.

Mrs. Ayers: Let some of the ballfields go for a while. Give us a break. And, also what I’m waiting for, Mrs. Kelly, the walking path. You’re the one that’s into all these parks and things. Let’s get a walking path. Forget the ballfields for a while. I can’t walk on my road. Between the cars and the bears. It’s just not safe. Here we have all this wonderful Green Acres that we’ve purchased–the top of the list seems to be ballfields. Most of the kids in this Town have a backyard and a street, which I’m sure many of you guys grew up playing in the street. I have one more thing. In the June 29, 2000 Chronicle, “Mayor Paul Licitra will host a private party at the Municipal Beach.”

Mayor Licitra: I had 600 of my closest friends, Toni.

President Sohl: Paul is never going to live that down. It’s called, “Misreporting.” There was no private party, Toni. Let’s make it very clear.

Mayor Licitra: I gave parking passes to certain of the Youth, people that worked on the beach, the volunteers, the Fire and First Aid Squads were on the beach because they were working, they volunteered. That’s about it. That’s 600 of my closest friends. Toni, we live in Mt. Olive. Rumor is–

Mrs. Ayers: I know. But here it is in black and white. You know what that does for our image?

Mayor Licitra: Absolutely. That’s not my style.

Mrs. Ayers: It didn’t go unnoticed. Needless to say.

Mayor Licitra: Well, I’m hoping that there will be a retraction to that.

President Sohl: Got that, Bob?

Mrs. Ayers: The fireworks–they were private enterprise?

Mayor Licitra: Yes.

Mrs. Ayers: Very nice. I understand–Tom Rechtenwald, that owns the Boathouse, that’s a lot of money for a single businessman. Again, it would be nice if you solicited funds–$5 or $10 per resident for a “Firecracker Fund” or something. Make it a little bit larger. It just didn’t seem right that so many restrictions were put, and the Town had nothing to do with it.

President Sohl: Thank you, Toni. Is there anyone else?

Mr. Stan Roedel, Pine Grove Road, Budd Lake: First off, what Mr. Spino was saying about using the Open Space Money for the Farmland Preservation. Mr. Dorsey can correct me if I’m wrong, but I believe State Statute requires the Referendum to authorize specific purposes for which the money collected would be spent. One of them being Open Space Purchases, the other being improvement, one being payment of Debt Services, another being specifically Farmland Preservation. There are about seven or eight specific purposes that can be authorized by a Referendum. Is that true, Sir?

Mr. Dorsey: The standard procedure in Mt. Olive has been always offer the people the opportunity of a Referendum on the Open Space Tax. That has been our procedure, we’ve already had three Referendum on the issue of the Open Space Tax. Yes, that’s correct.

Mr. Roedel: But, specifically, I don’t believe that money can be used for Farmland Preservation because I believe State Statute defines Farmland Preservation as a separate purpose for which the money is collected are to be used. It’s a minor point, but I wanted to clarify it. But, my comment I wanted to make regarding that Resolution–the next Referendum on that. Based on the fact that it was a unanimous Council vote to pass that Resolution, I’m concluding that you want that Referendum to pass. What I think would be helpful to get that to pass is to add some text indicating–showing some breakdown, like 50/50, 50% would be used for buying Open Space 50% would be able to be used by Rec. I think a lot of people would be leery, “Well, it’s not clear, and maybe this money is going to Rec.” Or vice versa. It’s maybe going to lead toward it not passing, whereas, if we defined it 50/50, it would make it clear and understandable. And if this is included, I think it would improve it’s chance of passing.

Mr. Spino: I’m not sure--If we lock ourselves–we talked about percentages, then no matter what we do, we can’t spend it for anything else. To me, we did not see fit to support a percentage for that reason. Right now, we can spend it on Open Space forever, and buy everything for Recreation through Bonding, if we wanted to. You have to give some latitude, or some thought that we’re going to at least try and do the right thing. That’s what we’re here for. There comes a time when we have to develop some fields. But the whole priority in this Referendum is to purchase property. And that will always be my goal. I won’t speak for anybody else, I’ll speak for myself. That’s what I feel this Bill is for. Primarily to spend as much as we can to buy property, but we have to develop some of the property that we buy.

Mrs. Kelly: Earl is absolutely right. That’s why we have an Open Space Committee making recommendations and advice to this Council.

Mr. Roedel: One last comment–there was a previous Resolution regarding utilizing the RBA Group for $10,000 to further study. There have been some of those “special manhole cover inserts” to try to abate that smell–specifically one in front of my house. It does not abate the smell.

President Sohl: Could you let Administration know.

Mr. Roedel: I walk around the development–there are a few, but specifically the one in front of 23 Pine Grove Road, there is also still the odor.

President Sohl: Any one else from the Public?

Dawn Davis, 206 Sandshore Road: Just a few comments, first one is what Mrs. Ayers had talked about, big pick up. My one concern is all kinds of diseases in there. I walk every day, I walk through Alcrest Road. There’s a short little path through the woods to get on Old Budd Lake Heights Road. It used to be very clean in there. It is loaded with garbage at this point. As a citizen, if I pick it up, I have to go to Town Hall and get a sticker Mrs. Davis (cont’d): and put it on there. It costs me money. Why would I do it? Why did someone else leave it there? Because it was going to cost them money. Where does it end? It’s just a comment. We really could use something. So, please look into it.

Mr. Guenther: Is it mostly large items?

Mrs. Davis: There’s a couch.

Mr. Spino: A good one?

Mrs. Davis: Looks like some animals got into it. Which, keep that in mind, also, diseases, children playing back there. How about if there’s an animal in there? They stick their hand in , or sit on it. Forget it. My other question is. Is there a Town Ordinance about Noise? And it has to deal with kids–teenagers, basically, I presume, driving past Sandshore Road, my house–you’ve got it. I can’t hear my TV set, I get annoyed with it.

Mr. Rattner: It’s Earl.

Mrs. Davis: Could you stop? What do I do. Do I call the Police at 2:00am?

President Sohl: Are they parking outside?

Mrs. Davis: No, they’re just driving past.

President Sohl: I don’t think there’s much you can do. You have to catch them in the act. Our Noise Ordinance doesn’t cover Noise unless it’s sustained and localized.

Mrs. Davis: Dover is now ticketing these kinds of problems. Is there some way we could get something done about this? It is annoying. I’m not the only person this annoys. During the day, I can understand, but at night?

Mr. Rattner: I think Dover is a little easier because you have patrolmen on foot on the corners in a Town setting. I don’t think we have an Officer that could sit on Sandshore waiting for somebody to come through.

Mrs. Davis: I understand that.

Mr. Spino: You’d have to find a way to do it. By the time she called a complaint in, they’re gone.

Mrs. Davis: You’re right. It’s just annoying. My other question is about deer being killed by cars. Where I live, I usually have two or three killed a year. When I call to the Police because the deer is still alive, it’s kicking and thrashing alive, I’m asked if the car that hit it is still there. When I say, “No.” It takes about a half hour for someone to get there. By then the deer has bled out. I can’t do anything about it, and I think it’s very inhumane. Especially when I see the patrol car just talking its time getting there. I know it’s not a big emergency. But, what happens to the next car that hits it? My other thing the fireworks. It was such a great thing last year. This year, I walked down Sandshore Road from the Boathouse to the church. You could not get in to that area because from Sandshore to Route 46 every single space there was a sign, “No Parking.” Even as a resident, you couldn’t. Who put up the signs?

Mayor Licitra: Somebody got over zealous with the signs, first of all. They shouldn’t have been on both sides of the street. I don’t know if that was intentional, or non-intentional. You have to remember, this is the first year we got involved with it, and the first year we provided safety. I’m having a meeting with everybody concerned, seeing what worked, what didn’t work, and to try and do a little better next year, somehow.

Mrs. Davis: I hope so.

Mayor Licitra: Like I said, it’s the first year we did it. Some things didn’t go as well as other things.

Mrs. Davis: There was nobody out on the street telling people what to do.

Mayor Licitra: Like I said, we understood that and the Council passed a Resolution only having parking on one side, and that was precipitated by the Fire and First Aid Squad, because if you had people parked on both sides, they wouldn’t be able to get up and down. I could agree with that, but somebody was over zealous and put the signs on both sides of the street.

Mrs. Davis: But from Netcong Road all the way to Fire Tower Road? Most of the people already–I mean, I live on Sandshore Road halfway down. I thought I would be able to get in and out of my home.

Mr. Spino: Safe to say it was overkill.

Mrs. Davis: Very much so. And the sad part about it, because it was overkill how many people will come out next year from the surrounding Towns.

President Sohl: When this was done in 1999 the former Administration did absolutely nothing, and left us nothing to go with, no guidance whatsoever. Now we’ll review all the report and see where to go from there.

Mrs. Davis: Thank you.

Mr. Ned McDonald, Waterloo Road, Budd Lake: Just wanted to put in some thoughts about the fireworks. First of all, is there any accounting for the cost for man power? I noticed there were police from Roxbury and other Towns. I assume they were probably here not volunteering, they had to be paid. Will we ever know what this fireworks cost us this year?

Mayor Licitra: I’m in the process of getting all the information and I will share this.

Mr. McDonald: The comment that we had no previous experience–while the memory of this is fresh in our minds, I hope that better plans will be made for next year. I did attend the fireworks, they were very nice. I was told by a member of the Council that the beach would be open, so I went down there and actually went on the beach, although I was questioned as I went through the gate. I have no idea why. There were two people standing there, challenging, or questioning people as they came on to the beach. Questions such as, “Were you on the beach before?”

Mayor Licitra: They were taking a counting.

Mr. McDonald: Well, it just left a little uncomfortable feeling that they were questioning the residents. They didn’t say why they were doing it. Also, some of my friends and neighbors were under the impression that the beach was not open. So, they did not even attempt to come down to the Municipal Beach. And, also, talking to people, people were scared off. They felt there was no place to park, the beach was closed. It was sort of “Residents fend for yourselves” there was a private party going on on the beach–true or not–these are the things that occurred. And it’s sad on a Fourth of July Celebration the residents have to feel left out, or pushed to the outside. Although I understand the Council members had a pass to get on to the beach. I just don’t think there should be a dual class in this Town. I think if there’s parking, it’s open to everybody, or it’s open to nobody.

Mayor Licitra: It was open to everybody.

Mr. McDonald: Well, I was told at the previous Council meeting–I think by you–that there were going to be passes issued for parking.

Mayor Licitra: There were passes–I told you I was issuing passes. And I had no problem issuing those passes, and I wouldn’t have a problem issuing those passes to the same people next year. If you have a problem with it, then I’m sorry.

Mr. McDonald: Mayor, it’s not just me. It’s just the fact that–

Mayor Licitra: I’ll defend the fact that I gave those parking passes away. If anybody has a problem with it, they know my number and let me know. If they have a problem with the people that volunteered or the kids that were on the beach, then I’m sorry.

Mr. McDonald: Perhaps if it was communicated better.

Mayor Licitra: It wasn’t my fault that it wasn’t communicated.

Mr. McDonald: I’m not laying the blame on you. I’m stating what other people, and what I felt.

Mayor Licitra: There is nothing I can do about the Press in this Town. They print what they want to print. Like I said, I hope there’s a retraction this week. But there was no private party People that know me know that isn’t my style. People that want to defend me will defend me, and people that don’t want to defend me will take advantage of it. So, there’s nothing I can do about that. But I will not go against my wishes and not give out private parking tickets to certain people that have been volunteers and giving up their night to have a place to park. There were limited parking spaces and it was open to the Public after 9:00pm anyway.

President Sohl: Again, it’s a learning process. Anyone else from the Public?

Mrs. Joyce McMahon, Whippoorwill Road, Budd Lake: I have a question. I’m here because of the drainage situation in our area. What I want to ask you–if someone comes to the Town who has a Lot that’s the right size to build on, is the next step–he has plans for his house–does he bring it here to have it gone over that everything is in order? Or can he just go ahead and put a house.

President Sohl: He has to bring it to the Building Department, and they will assess whether or not it meets all the criteria. If it doesn’t, if it’s a single lot, they have to go before the Board of Adjustment for a variance.

Mrs. McMahon: This is a building lot. So, my next step, the Planning Board takes a look at it–

President Sohl: No, the Planning Board doesn’t look at it.

Mr. Spino: If it’s an official, accepted building lot, all he has to do is go to the Building Inspector, present his plan, and get a Building Permit.

Mrs. McMahon: So, you get a Building Permit, and they don’t look over what he’s putting there?

President Sohl: No, they absolutely have to–

Mr. Spino: They look at it, of course. They have to visit the site.

Mr. Guenther: The Building Department, first of all, looks at it to see if it meets with all the Ordinances in that Zone. For example, the setbacks, your impervious coverage, lot coverage and building coverage. If any of those things fall outside the parameters of that Zone, it goes before the Board of Adjustment.

Mrs. McMahon: Okay, so it gets past that. He starts to build. Do they come out to check this house as it’s going up?

Mr. Spino: Sure.

Mrs. McMahon: Here’s my question–

Mr. Spino: They have to inspect the foundation–

Mrs. McMahon: Dry wells? When are dry wells checked?

Mr. Spino: I don’t know when, but they have to check them.

Mrs. McMahon: Well, it would seem to me that would be checked when the foundation–before everything was covered up.

Mr. Spino: Sure.

Mrs. McMahon: Okay. Now my problem. Tamarack Road. Mr. Farley had two Lots, put up two houses. You’ve all known about the problem up there, the water problem. They took the trees down, we showed you pictures with the water coming down the property with the trees. We told you with houses going up there there were going to be major problems. All of a sudden, the houses go up, he’s got this little berm along the roadside, which will do nothing for the water. Now comes the rain. The mudslides that came down towards Wilstow–on Wilstow, the bandaid that was put in by the former Council, former Mayor, whatever, on Wilstow, a little drainage pit in front of this one house to help with the puddle was oozing muddy water, and it was coming down at this homeowner’s house. Mr. Farley has been out there. I drove out there one morning –with his pickup truck, they’re trying to shovel dirt. He’s telling me that the Town is telling him that this is his fault that this dirt is running down there. I have pictures that show the Town knew about the water problem beforehand. Why didn’t Mrs. McMahon (cont’d): the Town come out and check the drywells or have him put one huge drainage pit in his yard? Because that’s what he would have needed to keep the water from coming down.

Mr. Spino: I can’t answer that. We don’t see that.

Mrs. McMahon: Who checks the building? I mean, this guy got that far–the whole house built and ready to go, and all of a sudden–I mean, I’m not defending him, it should have been done a long time ago, but he didn’t have drywells, or they weren’t to the Town’s liking. What’s going on here?

Mr. Dorsey: I think you should give the address to the Administrator–

Mrs. McMahon: But I was in front of the Planning Board with Mr. Buczynski, Mr. McGroarty, all of them. Everyone knows about the problem. If this builder came in to them, and they know the area, and they didn’t put definite restrictions on him, what kind of people do we have working in this Office? They know about these problems. The flooding is horrendous. And it’s worse. It’s all mud now. So, now what happens? You slap a builder, he can’t finish, but the problem was there to begin with. What are we doing about it? We found out that the bandaid, the one little drain you put in with a ten-gallon drum–what did that do? The muddy water–this guy, he had mud coming in his house, and the drain was oozing this mud.

Mr. Guenther: Joyce, you say there is something that the Town should have done–granted, we knew about the water, but isn’t it a fact that the mud was created by the builder–

Mrs. McMahon: The mud part, but, it was water before it was mud. So when the trees were there, and the ground wasn’t touched–we told you--we have pictures. When the sewers were going in, we brought the pictures in and we asked for help. We asked you to help by buying that property. We knew as soon as we saw the trees come down that there was going to be mud. It was water before now, now it’s mud.

Mr. Spino: Water is one thing, mud is something completely different.

Mrs. McMahon: If you put something–let’s say hay–you piled it up with hay, the water is going to come over the hay and we’re still going to have the water come down. So, it’s okay to have the water?

Mr. Spino: No, I didn’t say that–but mud gives you another problem–along with the water is another problem–of clogging and everything else–and the fact that it’s mud. There’s a difference. I don’t think we have an answer. I think Mr. Dorsey gave you the answer, the Administrator and the Mayor will find out. I don’t know what they have to do. Someone comes in with a Building Permit, I’m not sure, to be honest with you, what the process is and whether they go up and say, “Well, you have to put a drainage pit in.” If they didn’t have to go to the Board of Adjustment, or if they didn’t have to go to the Planning Board. If they just wanted to get a Permit.

Mrs. McMahon: But if you have the people in the Building Department–they know of the problem. We have told them. So they knew when that building came in that there were more problems there to begin with and they should have given him more restrictions that had to be done to keep the water from coming off.

Mr. Spino: That’s why we have to find out what happened. And if that’s not the case–it should be the case, but if it’s not, we have to deal with it.

Mrs. McMahon: And then because of the improper drywells, why wasn’t it checked when the drywells were put in the ground–not after the whole thing was covered up. Something is wrong here. The check and balance system, something is wrong.

Mr. Spino: They should be checked. If they’re drywells they should be checked before they’re covered, just like a septic tank.

Mrs. McMahon: Exactly.

Mr. Guenther: I think we need to look at–let’s assume it’s conforming Lot. You don’t go to the Board of Adjustment, you go to the Building Department for a Permit. I think we have to look at what the Statutes are. I think we have to look at it, and because of the particular problems in this area, we have to look at providing some relief to these people. Maybe we have to write an Ordinance that provides extra coverage. We all know what the problem is. It’s a $600,000 problem which we’re not in a position to attack right now. Meaning, we’re not in a position to put proper drainage on the roads. But, the alternative is, when we have situations like this, Mr. Guenther (cont’d): where things are being built. I think we have to empower the Administration to be able to put more stringent requirements for handling the water run off. I’m not sure if we have the right laws on the books.

Mr. Spino: I think what we have to do, find out first, what happened, and then find out what we can do to make it not happen again.

Mrs. McMahon: I went through this with Mr. Buczynski at the Planning Board meeting. He cannot guarantee me that there will be less water because of the houses going up. There is always more water. A little bit more water each time. And we are being flooded out. It starts in the Building Department. You have to make changes.

Mrs. Kelly: Why can’t we, as a Council, pass an Ordinance, very simple, that no storm water run off can leave a homeowner’s property? And then have some sort of fees if that Ordinance is violated? Then if a homeowner comes in, and he continually has run-off from his property, we can go in and fine him. I would think he would get tired of paying fines, and he would have to do something more. That seems like a simple solution to me. I believe there are Ordinances like that in other communities.

Mr. Guenther: When I was on the Board of Adjustment, we had gotten hold of an Ordinance by the Township of Harding that addressed that particular issue. I don’t know what ever happened to that. Michael Carroll, the Board of Adjustment Attorney was going to study that and see if there was some way we could adopt that here. I would suggest checking with Chuck McGroarty. I know it was Harding Township, and it was a very stringent Ordinance and it seemed to hold up in Court as far as I remember.

Mrs. Kelly: That’s what we need to do.

President Sohl: Is there anyone else from the Public who would like to address the Council? Seeing none, I will close the meeting to the Public.

COUNCIL COMMENTS: NONE

Motion made for adjournment. All in Favor, None Opposed. The Meeting was adjourned at 9:00 pm.

______________________

William H. Sohl

Council President

I, LISA M. LASHWAY, Township Clerk of the Township of Mount Olive do hereby certify that the foregoing Minutes is a true and correct copy of the Minutes approved at a legally convened meeting of the Mount Olive Township Council duly held on August 22, 2000.

________________________

LISA M. LASHWAY

Mount Olive Township Clerk

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