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.
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
Mr. Rattner moved for approval of the Minutes and Mr. Scapicchio
seconded the Motion.
ROLL CALL: Passed Unanimously
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.
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
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
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,
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
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
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
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,
30. Notice of request for LOI received June 28, 2000, from
Amy S. Greene, Environmental Consultants, RE: Mt. Olive Complex,
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
Land Use/Development Matters
33. Letter received June 12, 2000, from Morris, Hantman & Plastoris,
RE: Designs Builders, Inc. - Woodbine and Clinton Avenue
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.
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)
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
ORDINANCES FOR FIRST READING (public hearing date August
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
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
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
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
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
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.
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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