Mount Olive Township Council Minutes
July 24, 2001

The Regular Meeting of the Mount Olive Township Council was called to order at 7:30pm by Council President Rattner with the Pledge of Allegiance to the Flag.

According to the Open Public Meetings Act, adequate Notice of this Meeting has been given to the Mt. Olive Chronicle and the Morristown Daily Record. Notice has been posted at in the Municipal Building, 204 Flanders-Drakestown Road, Mt. Olive, New Jersey, and notices we're sent to those requesting the same.

ROLL CALL: Present: Mr. Guenther, Mr. Sohl, Mrs. Kelly, Mr. Spino,
Mr. Scapicchio, President Rattner.
Absent : Mr. Heymann

President Rattner: Mr. Heymann asked to be excused, he is working on one of our recreational-or coaching one of our recreational teams. I would also like to acknowledge the attendance of the Mayor, Paul Licitra; the Business Administrator, Sandy Kaplan; the Township Attorney, John Dorsey; Deputy Township Clerk, Mary Eckel; Director of Public Works, Mark DiGennaro; and Chairman of our Pride Committee, Ray Perkins. The first item on the Agenda is the things we enjoy doing the most, and that's giving special recognition and special certificates of honors to different residents who have gone out of their way to make Mt. Olive a better place. I would like to ask Frank Varga to come up.

Presentation - Frank Varga

President Rattner: I would like to present this Certificate of Appreciation, presented to Frank Varga for his generous contribution, dedication, and hard work in planting a permanent rose garden in front of the Veteran's War Memorial, and that's on Route 46 in front of what we still call the "Old Municipal Building." I know you've worked on that for over a year-in hot weather, rainy weather-I know I stopped by a couple of times and asked what you we're doing. And you also contributed a lot of the materials yourself. You saw something you wanted to be done, and I think, from what the Memorial was-it was cut back, and all of the new plantings are going to give it color and it will look nice year-round. And with that, the Township is very grateful for your efforts. And everybody, when they pass by, will know it was somebody like you and hopefully we'll get more people and they'll say Mt. Olive is a nice place to live, and I want to contribute. So, with that, I want to thank you, and present this Certificate of Appreciation, Thank you.

Mr. Varga: Thank you.

Mayor Licitra: I'll say some nice things. Frank, on behalf of the Administration, I don't want to make these people think that it isn't all work. The reason you're up there in the summer time so much is to check out the women on the beach. But, I echo Steve's thoughts. I don't know if people realize what a hard job this was, and Frank did it with almost no help. He just asked for a hose and a couple of tools and a key to the old Municipal Building, and poof, it was there. And it's so hard to keep roses up. I can tell you from trying to grow roses, it's one of the most difficult flowers to keep up, and Frank does it well, and we get a lot of compliments from it. It's just-Frank is part of the new life that Mt. Olive has. The new feeling. And, Frank, I thank you very much because you're making Mt. Olive a better place to live. Thank you very much.

Mr. Varga: Thank you.

Public Hearing - Morris County Open Space and Farmland Preservation Trust Fund Applications:

" "Charters Farm" Block 900 Lot 1 and Block 8300 Lots 3 and 4
" "Silver Spring Manor" Block 5300 Lot 8, 26 & 27 and Block 5201 Lot 10 and Block 5202 Lot 11

President Rattner: Next on the Agenda is a Public Hearing. I will ask Kathy Murphy and Laura Szwak-would you like to make a quick synopsis of what we're doing and why?

Mrs. Laura Szwak, Chairman, Open Space Committee: It's that time of year-every year at this time we come to the Township Council and make a recommendation on some Mrs. Szwak (cont'd): properties that we would like to see preserved as Open Space. We're following an Open Space and Recreation Plan that was developed in 1997, and every year that we've applied for a Morris County Grant we've been successful. Let me tell you, that is not happening in every other Town. So, we've been very, very happy that we have been successful and would like to keep it going and we appreciate the support of the Council in supporting our recommendations that we've made. We've got two properties we want to apply for this year for funding. As you know, an application process is not a commitment to purchase the properties, but it's just a way to leverage our Open Space Tax that we collect here in Mt. Olive. The two properties-one in Budd Lake, which is "Charters Farm" is 65 acres on three lot zoning which would accommodate about 20 homes-and it is a property that is on the block-it is for sale, and we have a very willing seller to work with and it's in a very desirable area of Mt. Olive. It will extend the County's Patriot's Path, which would be a very nice recreational asset for Mt. Olive residents. Washington Township benefits from the Patriot's Path, and we'd like to fill in a gap here in Mt. Olive. So, we have Charter's Farm. And the other piece is in Flanders which is known as Silver Spring Farm-and that's 210 acres that in the current zoning could accommodate 80 homes. It's a very nice piece of property. In our constant pursuit of finding different alternative ways of funding, since we can't fund everything out of our Mt. Olive Open Space Trust, we are going to try to pursue Farmland Preservation for both of these tracts from Preservation dollars as well as Open Space dollars just to see what will work better first. If we use Open Space dollars, especially on the Charters Tract, we can also insure there will be some public access for recreation. Charters is very accommodating for active recreation as well as passive, is the same for Silver Spring Farm. With that, I will turn the floor over to Kathy, because I'm sure I forgot a few things.

Mrs. Kathy Murphy: We just wanted to say-regarding Silver Spring Farm, we advertised for three lots. It turns out, the owner has five lots. There are two small additional lots that add another seven or nine acres. I checked with Morris County Open Space-they said we did not have to advertise but I did say that we would make sure that the Public was aware that those two additional properties we're added. They are included in the Resolution tonight. The nice thing about Silver Spring Farm is that two of the lots are actually adjacent to Turkeybrook off of Cory Road, and another three lots are part of the Farmland that is all tied together off of Flanders Drakestown. So, we could certainly do some good things there, and we are very excited about both of these properties. We hope the Public will be supportive of that as well. That's all I have to say.

Mr. Guenther: Where is the Charters Farm?

Mrs. Murphy: Charters Farm is on Stephens State Park Road just a short ways in off Sandshore-where those Light Industrial Warehouses are-it's just beyond there.

Mr. Guenther: Oh, I see. Okay.

Mrs. Murphy: So part of it is adjacent to Hildebrant, which is preserved Farmland. The other portion is on the other side of this street next to Perkoski's so there are three lots in all, and they're both-both properties are very suitable for either Farmland or Recreation. Since we're going to get an appraisal that will satisfy both programs, then we can look and see if we want to split it up somehow, or go with one or the other. And we are putting in the application that if we decide to go with Farmland we can always withdraw one or both Open Space Applications, or adjust the Application. And that is something that I have discussed with Morris County and they're fine with that-with the program.

Mrs. Szwak: This is Silver Spring Farm-right here.

Mayor Licitra: Very colorful. Only about five years ago, we had one color. Now look at all the colors we have.

Mrs. Murphy: It's getting pretty bright up there. The other colors up there-the other "yellows' are some other open projects. We have Smith Farm and Crown Towers. But these will be some great additions to our plan.

Mr. Sohl: Good job, as always.

Mayor Licitra: Absolutely.

Mrs. Murphy: Okay? And I don't know if there are any questions from the Public. We can address those as well.

President Rattner: Is there anyone from the Public who would like to address this issue? You have to come up. All right then. Is there anyone else who would like to address the Council? Seeing no one, I will close the meeting to the Public.

Mrs. Murphy: Thank you very much.

ADMINISTRATIVE MATTERS

President Rattner: Okay, now we have Administrative Matters. Mayor?

Mayor Licitra: If I told you all the meetings that we've been to in the last two weeks, we'd be here all night. So, I'll keep you abreast of it, Committee Chairman, and hopefully some of you have been at the same meetings and you'll address it in your Committee Reports.

Appointment to the Library Board, Cathleen Sullivan

Mayor Licitra: First of all, I'd like to introduce Cathleen Sullivan. She's out in the audience with her husband, John. I've known Cathy and John for about 25 years. Our children went to school together. In fact, Cathy went to school with Valerie and Dianna. And, they we're smart enough to name their children Cathy and John so that made it easy. Cathy is a former teacher who is retired now and looking to get out of the house so she doesn't have to stay home with John. And that's how the appointment came up. She begged she and me said, "Please, get me out of the house." But anyway, Cathy is involved in the League of Women Voters and she's going to make a great asset to the Library Board, and, with pleasure, I announce the Appointment of Cathleen Sullivan to the Library Board.

Mr. Sohl: This is an Appointment that needs Advice and Consent, and I would like to move that we approve this appointment.

Mr. Spino: Second.

President Rattner: Okay. Any discussion?

ROLL CALL: Passed unanimously

President Rattner: Congratulations.

Mayor Licitra: Thank you, Mr. Rattner. Next, I would like to read this Proclamation in to the Record. I would like to invite Daniela Gallo up-I have a Proclamation honoring her achievement.

Proclamation - Daniela Gallo, Miss New Jersey Teen 2001

WHEREAS, Daniela Gallo is the daughter of Mr. & Mrs. Anthony Gallo of Flanders and attends Mount Olive High School; and
WHEREAS, Daniela has been involved in the American Coed Pageant since 1996; placed in the top 10 in her first year; won photogenic, sponsor letter and the title of Miss New Jersey Pre-teen 1997 and placed sixth in the New Jersey Jr. Teen competition and held the title Miss Morris County, Jr. Teen for 1999; and
WHEREAS, Daniela enjoys dancing, cheerleading, peer mediating, babysitting and spending time with her family and has donated much of her time and has been actively involved in many community services such as the American Cancer Society, Lupus Walk, March of Dimes, ARC, and the Make a Wish Foundation; and
WHEREAS, Daniela has been listed in the Who's Who among American High School students because of the many hours she has devoted to the community; and
WHEREAS, the Township of Mount Olive is extremely proud of all the accomplishments of Daniela Gallo;
NOW THEREFORE, I Paul R. Licitra, Mayor of Mount Olive Township, do hereby wish to extend my sincerest appreciation to Daniela Gallo for her civic oriented service and thank her for her contributions to the community and wish to commend her on being named MISS NEW JERSEY TEEN 2001, and declare July 25, 2001 as Daniela Gallo Day in Mount Olive Township.

Mayor Licitra: So you tell mom and dad that that's your day. You don't have to do anything in the house-no chores, no nothing. Okay? This is your day. I've been following Daniela since 1997 when I-I guess I was campaigning for the Council at the time, and I saw this big sign over the house in Flanders Crossing and I may be wrong, but it said home of Miss New Jersey Teen and I knocked on the door and I was so happy first of all, I was very happy to see that we had somebody in town then. Second of all, I was happy to see it was an Italian lady. Daniela has made Mt. Olive very proud, and we're very proud of her. She is going to go far in not only Mt. Olive, but in the State, and whatever she decides to pursue. Daniella, I'm going leave the mike up to you, I know your up to the challenge, and if one of the council people want to say anything. This is your proclamation. I want to thank very much for being part of Mt. Olive.

Daniela Gallo: Thank you so much. All I really have to say is that I think this is an honor to
receive this. I've worked so hard to get this title and I've just learned to be myself, to have confidence in myself, and pray to god. I got the title. I would just like to thank everybody for this. If anybody has any questions, feel free to ask.

Mayor Licitra: So you see what's happening in Mt. Olive, and this is part of the growth. Thank you Daniela for being you.

Ms. Gallo: Thank you so much.

Mayor Licitra: And I expect to be invited to your Miss America Pageant.

President Rattner: For the people that arrived around 7:00, they know we also had another presentation at 7:00, for Thea Dunkel, for preservation and presentation of that art deco lamp, and the plaque that's to the right. And some pictures to the left. That was an art deco lamp that was from the original Municipal Building trying to keep something from our history. It was Thea and her Committee who saw that the lamp was left behind and the plaque and actually had it rebuilt, had the plaque cleaned.

Mayor Licitra: Had the lamp cleaned too.

President Rattner: It was more than just cleaned up.

Mayor Licitra: Six coats of paint we're on it originally.

Thea Dunkle: Six coats, at least 6 coats we're on the lamp.

President Rattner: That was from the Casino, but it was from our previous Municipal Building, which was the Casino originally. A lot of things are happening in Mt. Olive. Thank you very much.

COUNCIL APPOINTMENT:

Appointment of Jennifer Gentilucci, Court Administrator.
Term to expire December 31, 2003.

President Rattner: We have a motion that we have to act on tonight. That is that appointment of our Court Administrator. Jennifer brought to my attention in the last couple of days that when Pat Lauter retired we appointed Jennifer to a normal appointment, which is out of sync with everything else. We do most of our appointments as of January 1st. So with this appointment that will expire in December 31, 2003. This will put her back on schedule so that everybody's appointments at least on the first of the year will be consistent. Could I get a motion for this?

Moved by Mr. Sohl, seconded by Mr. Guenther.

ROLL CALL: Passed Unanimously

LEGAL MATTERS

President Rattner: Mr. Dorsey.

Mr. Dorsey: I would simply report in connection with our Mt. Olive Complex case, the property owner filed a Petition for Certification from the Supreme Court. About two Mr. Mr. Dorsey (cont'd): weeks ago I filed for response, which I thought, was pretty good. The issue now is not whether the case will be upheld, or the decision at the Appellate Division would be upheld, simply the question now is to whether or not the Supreme Court thinks it is of significant importance enough to hear the case. So we simply have to wait to hear the answer to that. In connection with Limericks, which we dealt with at the last public meeting. We got fifteen days of full suspension which is very good because normally A.B.C simply monetizes the suspension. We also have them on a short leash in terms of their renewal. I put them on notice that the Chief has advised us, and that he interviewed Charlie Chung, I think that's the gentlemen's name, and does not find in that they ever hired the security that they we're supposed to hire, nor do they train bartenders. So I've given them thirty days to start the appropriate course of action or we will ask to intervene at A.B.C. The most significant event is that A.B.C through charges brought by the State is seeking 758 days of suspension of their license. Now the case has been pending for two years. Part of the reason it is gone no place is that Mr. Morrison, and I must say I have nothing to do with his being debarred. Apparently simply failed to respond in any way. Until I advised the deputy attorney general that there was a Mr. Morrison. He did indeed have a phone and he did indeed accept the mail. So they now are supposed to be actively pursuing that aspect of the case. In Connection with the D & D site on Route 46, it was one of three contaminated sites. We have concluded our litigation in connection with that. You will recall we got about $37,500.00 from the State's Spill Fund and we've made arrangements now to get $45,000.00 from two other parties. One will be a cash payment of $22,500. The other is an installment basis, which will bring the total to $45,000. We'll get $5,000 down and the balance over a three-year period. So I'll be submitting those checks to Sherry Jenkins this week. That leaves us one more site to resolve and that's the DTA site. In which we now have a judgment as to liability. The property owner is squirming in every which way direction and we are simply waiting to get a date to put in our proofs as to damages. Hopefully D & D will be resolved by the end of the year as well. DTA will be resolved by the end of the year. That's all Council President.

APPROVAL OF MINUTES OF PREVIOUS MEETINGS:

April 24, 2001: Present: Mr. Heymann, Mr.Guenther, Mr. Sohl,
Mrs. Kelly, Mr. Scapicchio,
President Rattner.
Absent: Mr. Spino

June 5, 2001 Present: Mr. Heymann, Mr. Guenther, Mr. Sohl,
Mrs. Kelly, Mr. Spino, Mr. Scapicchio,
President Rattner.

July 10, 2001 Present: Mr. Sohl, Mrs. Kelly, Mr. Scapicchio,
President Rattner.
Absent: Mr. Heymann, Mr. Guenther, Mr. Spino

July 10, 2001 CS: Present: Mr. Guenther, Mr. Sohl, Mrs. Kelly, Mr.Scapicchio,
Mr. Rattner
Absent: Mr. Heymann, Mr. Spino

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

Roll Call: Passed Unanimously with the exception, Mr. Guenther abstained on July 10, 2001, and Mr. Spino abstained on April 24, July 10, 2001 PM and July 10, CS

CORRESPONDENCE

Letters from Residents

1. Letter received June 19, 2001 from Robert Greenbaum RE: Board of Adjustment July 2, 2001 Meeting, Flanders Valley Tennis & Swim Club, Ice Hockey Facility.

2. Letter received from Warren and Patricia Swan RE: Rosewood Ditch

School Correspondence

Resolutions, Ordinances, Correspondence from Other Municipalities

3. Resolution received June 21, 2001 from Rockaway Township RE: In support for Senate Bill S2195, which would appropriate the sum of $170,000.00 to the Palisades InterState Park Commission for New Jersey Highlands Preservation Project.

4. Resolution received June 21,2001 from Town of Boonton Urging Passage of A-3506, Enhancing PERS.

5. Resolution received June 22, 2001 from the Borough of Butler RE: Supporting Assembly Bill No. A-3056.

6. Resolution received June 22, 2001 from the Borough of Butler RE: Requesting the Citizens' Stamp Advisory Committee Consider Honoring the Municipal Clerk with a Commemorative.

7. Ordinance received June 22, 2001 from the Township of Roxbury RE: An Ordinance to Amend Chapter XIII, Land Development Ordinance Article VII, Zoning Regulations, Section 13-7.2A, General Provisions for

8. Commercial/Industrial Zones of the Revised General Ordinances of the Township of Roxbury, County of Morris, State of New Jersey.

9. Resolutions received June 22, 2001 from Parsippany-Troy Hills RE: In support of the following legislation: Assembly Bill No 3506/Senate Bill No. 2450, which would provide a structural change in the Public Employees Retirement System by Changing the Multiplier Ratio for Normal Service Retirement and permitting Employees to fund the Enhanced Benefit.; Assembly Bill No. 1154 which would provide an In Lieu of Tax Payment to Replace Lot Tax Ratables resulting from Tax Exempt Group Homes.

10. Ordinance received June 25, 2001 from Allamuchy Township RE: An Ordinance Amending and Supplementing the Land Development Ordinance of the Township of Allamuchy, county of Warren, State of New Jersey and Specifically Subsections 413. H.2 Regarding Permitted signs in the "CC" Community Commercial Districts by Providing for perpendicular Signs for Principal Uses in a Multiple Use building or Shopping Center.

11. Ordinance received July 25, 2001 to Amend the Land Development Ordinance of the Township of Allamuchy pursuant to the Master And Development Regulations Periodic Re-examination Report.

12. Resolution received June 26, 2001 from the Borough of Florham Park RE: Urging Support of Assembly Bill No. A 3056.

13. Resolution received June 29, 2001 from the City of Brigantine RE: Opposition to the Proposed change in the Participation formula for funding beach replenishment and beach nourishment program.

14. Resolution received June 29, 2001 from the Borough of Madison in support of Assembly Concurrent Resolution No. 147.

15. Ordinance received July 2, 2001 from the Township of Allamuchy RE: Establishing Forms procedures and fees for the issuance of Zoning Permits.

16. Ordinance received July 2, 2001 from the Township of Allamuchy RE: Establishing Forms, Procedures and Fees for the Issuance of Zoning Permits.


17. Resolution received July 3, 2001 from the Township of Chatham RE: Supporting Assembly Concurrent Resolution No. 147 Proposing a Constitutional Amendment Requiring the Legislature to Enact a Statute Authorizing a $150.00 Property Tax Credit for the Primary Residence of Volunteer Fire Fighters and First Aid Squad Members.

18. Resolution received July 9, 2001 from the Town of Boonton RE: Requesting the New Jersey Legislature to Provide urgent relief to the Citizens of New Jerse Arising from the Financial Burden placed on them by the New Jersey Property Tax

19. Resolution received July 9, 2001 from the Borough of Ringwood RE In Support of Assembly Bill No. 3599.

20. Resolution received July 20, 2001 from Parsippany-Troy Hills RE: Opposing A-3366/S-1099.

21. Resolution received July 20, 2001 from Washington Township RE: Amend Chapter 175. Subdivision of Land, of the Code of the Township of Washington.

Resolutions, Ordinances, Correspondence from State Agencies

22. Letter received June 28, 2001 from NJ Department of Labor RE: Census 2000 County Question Resolution (CQR) Program.

Resolutions, Ordinances, Correspondence from Freeholders & County Departments

23. Resolution received June 18, 2001 from Morris County Board of Chosen Freeholders RE: Speed Limit along Flanders Road, Drakesdale Road.

24. Annual Report received July 5, 2001 from the Morris County Planning Board RE: Development Activity 2000.

25. Letter received July 9, 2001 from NJ DOT RE: Approval of Speed Limits, Resolution #38, Flanders Road - Drakesdale Road.

League of Municipalities

26. Legislative Bulletin received June 21, 2001 from New Jersey State League of Municipalities RE: 2000 - 2001 Legislative Session.

27. Legislative Bulletin received June 25, 2001 from New Jersey State League of Municipalities RE: A-1193, As Amended, Home Based Business Bill.

DOT/DEP/Permits - Loa's

28. Letter received July 2, 2001 from NJ DEP RE: Draft Permit Modification for Onyx Environmental Services.
29. Letter received July 2, 2001 from Civil Engineering, Inc. RE: Notification of Application for Letter of Interpretation Block 360, Lot. 6.03, Applicant Joseph Piergies.

30. Letter received July 3, 2001 from Civil Engineering, Inc. RE: Notification of Application for Letter of Interpretation RE: B. 2602, Lot 4 (287 Sand Shore Road.)

31. Letter received July 9, 2001 from NJ DOT RE: Recycling Center Application for General Approval Morris County MUA/ Morris County Shade Tree Division.

32. Letter received July 12, 2001 from NJ DEP RE: Equiva Services, LLC - Determination that no further action for soil only is necessary for the remediation of the areas concerned

Correspondence from Organizations/Committees/Boards

33. Letter received June 21, 2001 from the Morris County Heritage Commission RE: Grant received from the New Jersey Historical Commission to re-grant to non-profit Morris County Organizations.

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

Land Use/Development Matters

34. Letter received Jun 18, 201 from Spillane Engineering Associates RE: Treatment Works Application, Rachel Manor Estates.

COAH

35. June, 2001, COAH Newsletter received June 29, 2001.

MSA

ABC/Liquor Licenses

36. Letter received June 21, 2001 from State of New Jersey, Department of Law and Public Safety, Division of Alcoholic Beverage Control RE: Special Ruling to Permit Filing of Renewal Application Michael D. Kevil, 142733019004.

37. Letter received June 25, 2001 from State of New Jersey Department of Law and Public Safety, Division of Alcoholic Beverage Control, RE: Rocklim, OAL Dkt. Nos. ABCDS 01850-00N; ABCDS 01849-00N; ABCDS 05195-00N; ABCDS 09497-00N

38. Notice of Appeal received June 29, 2001 from Rocklim, Inc. RE: Township's denial by the Township to renew plenary Liquor License 142733017010.

Correspondence from Cable Networks/Utilities

39. Fax received June 21, 2001 from CN8 RE: Political Programming Highlights - Week of June 25, 2001.

40. Letter received June 22, 2001 from New Jersey Natural Gas RE: Reception for County and Municipal Public Officials of Morris County, Wednesday July 18, 2001.

41. Comcast Fax received July 6, 2001 from Comcast Cable RE: Community Activities.

42. Letter received July 13, 2001 from Comcast RE: Township Ordinance 16-2001 granting renewal of Municipal consent to Comcast Cablevision of Northwest New Jersey, Inc. to continue to operate and maintain a cable television and cable communications system in Mt. Olive Township.

43. Letter received July 16, 2001 from Cablevision RE: Revised tariff.

44. Letter received July 19, 2001 from New Jersey Natural Gas RE: NJ Board of Regulatory Commissioners regulation of daily list of disconnected residential customers.

Correspondence from Legislative Representatives

45. Letter received July 20, 2001 from Senator Robert G. Torricelli RE: Letters received from Residents with regard to Crown Tower residential development.

Notices/Newsletters/Seminars

46. Notice received July 3, 2001 from Amwesst Surety Insurance Co. RE: Amwest became the subject of an Order of Liquidation, Declaration of Insolvency and Injunction. Cancellation of all policies, including Bonds and Other Non-cancelable Business.

President Rattner Stated that we had received 46 items of correspondence and asked Council if there we're any comments on same.

ORDINANCES FOR PUBLIC HEARING

Ord. #17-2001 An Ordinance Making the Provisions of Subtitle One of Title 39 with Various Traffic Regulations Applicable to the Mall at Wild Geese and Regulating the Use of Said Roadways, Streets, Driveways, and Parking Lots by Motor Vehicles.

President Rattner opened the Public Hearing Ord. #17-2001.

President Rattner closed the Public Hearing on Ord. #17-2001

Mr. Guenther moved for adoption and Final Passage on Ord. #17-2001 and Ms. Kelly
seconded that motion.

ROLL CALL: Passed Unanimously

President Rattner declared Ord. #17-2001 as Passed on Second Reading.

Ord. #18-2001 An Ordinance of the Township Council of the Township of Mount Olive Establishing Salaries of the Department Heads, Supervisory and Certain Non-Union Personnel and for the Employees of the Township Clerk's Office for the Year 2001.

President Rattner opened the Public Hearing on Ord. #18-2001.

President Rattner closed the Public Hearing on Ord. # 18-2001

Mr. Sohl moved for adoption and Final Passage on Ord. #18-2001 and Ms. Kelly seconded the motion.

Mr. Scapicchio: Section 3 on page 2. Should that be removed? We have a committee that is working on some guidelines to follow for that.

Mayor Licitra: What does it State, Dave?

Mr. Scapicchio: It's about the merit award.

Mayor Licitra: It should be removed. We kind of already came to an agreement on committee on that already so you could remove it now and we'll come back next meeting.

Mr. Dorsey: Bill, lets have a motion to remove section 3 of the Ord. #18-2000

Mr. Sohl: So moved

Mr. Dorsey: It has been moved and seconded. Lets take a poll on that.

Steve Rattner: Moved by Mr. Sohl, seconded by Mr. Spino, any discussion on that.

Roll Call: Passed Unanimously

President Rattner: Now someone move for final adoption of Ord. #18-2000 as amended.

Mr. Sohl moved for adoption and Final Passage on Ord. #18-2000 and Mr. Scapicchio seconded that motion.

President Rattner: Moved by Mr. Sohl, seconded by Mr. Scapicchio, is there any further discussion on Salary Ordinance?

ROLL CALL: Passed Unanimously

President Rattner declared Ord. #18-2001 as Passed on Second Reading.

Ord. #19-2001 An Ordinance To Amend and Supplement An Ordinance Entitled "An Ordinance of the Township of Mount Olive Banning Motorized Vehicles From Turkey Brook" (licensed and unlicensed vehicles).

President Rattner opened the Public Hearing on Ord. #19-2001.

Jerry Roskoff, Budd Lake: The banning of motorized vehicles. What happens if you
have an emergency? Does that mean an ambulance can't go up there? Or a police car
can't go up there?

Mrs. Kelly: Emergency vehicles are allowed anyway.

President Rattner: This is the same regulation as you have exceeding the speed limits on the road but in an emergency, emergency vehicles are allowed to speed. This is to keep any unauthorized vehicles.

Jerry Roskoff: I am not arguing about it. I am just saying what happens in the event of an emergency. Fire or emergency?

Mr. Dorsey: Emergency vehicles go in. They're unobstructed by this ordinance.

Jerry Roskoff: Thank you.

President Rattner closed the Public Hearing on Ord. #19-2001.

Mrs. Kelly moved for adoption and Final Passage that Ord. #19-2001 and Mr. Scapicchio seconded that motion.

ROLL CALL: Passed Unanimously

President Rattner declared Ord. #19-2001 as Passed on Second Reading.

Ord. #20-2001 An Ordinance of the Township of Mount Olive to Amend and Supplement Section 2-11-2 Entitled "Separation and Collection" of the Mount Olive Code. (Co-mingled recycling)

President Rattner opened the Public Hearing on Ord. #20-2001

Lew Candura, Budd Lake, NJ: Could you just explain to me exactly what this is doing because I don't have a copy of the ordinance. Is this a burden on the person putting the trash out at the curb? Is this something that is going to be done by the trash collectors, the employees of the Township?

Mr. Dorsey: No, I think this is the opposite. I think this relieves the burden of the person, because they're being permitted to co-mingle the things that they used to have to specifically separate.

Mr. Candura: Thank you, John.

President Rattner closed the Public Hearing on Ord. #20-2001.

Mr. Spino moved for adoption and Final Passage on Ord.#20-2001 and Mr. Scapicchio Seconded the motion.

Mayor Licitra: Yes. I did check with Mark today and we discussed a schedule that is going to be sent out for the co-mingling. I know we all, this has been something we have talked about for years, all of us. I thank your cooperation before you vote because I know how your going to vote, because most of you want this, but I'm putting the pressure on you. But anyway. I want to thank you for that. I did tell the Library and sports programs that we're going to need receptacles for these. It would be a good idea as a fundraiser to sell some home co-mingling barrels, and put anything else you want on it. Mayor Licitra (cont'd): And keep some money whether it is for the Library or for Turkey Brook, or some other things. So we're waiting for the first group to come up and say I want to do it. I want to buy one or two. The are 7,000 families in Mount Olive. It could be a nice profit if you make $5.00 even $10.00 for a donation. Mark and I will be putting together, along with Sandy a schedule. We'll bring it to you and we should have this out very soon to the people. As soon as Mark gets some. He's been in touch with the County trying to set something. They haven't gotten back to him as far as rates are concerned. Mark's going to stay on them. We're going to get something done as soon as possible. So I thank you in anticipation of your vote. Thank you very much.

Mr. Scapicchio: I just wanted to make sure that we we're going to send some sort of a notice out and I think that that's what the Mayor indicated we we're going to do.

President Rattner: I have one question. I saw we got a memo from the Public Works Director in the last day or so. It said something. "We don't have an agreement at this point with the County". Is there a problem there, or is that going to cause a problem? What is the source of that?

Mark DiGennaro: I just got off the phone with the County Coordinator this evening. They haven't structured the agreement yet. It's there in outline form, but it has not been finalized, and as soon as they get that to us. It could be in the next day or two, that I'll get a rough draft. They are already in contract with a handling facility in Mine Hill who's taking their co-mingled recyclables currently, also some local municipalities in the surrounding area. So I don't anticipate it being a problem. It is just that at the time I drafted that memo, I wasn't privy to any further information. I had to call and my call was not returned. That should be coming.

President Rattner: The question I have, is that we're passing this ordinance to go into effect in twenty days. So in twenty days, based on the law, our residents can start co-mingling based on the way the ordinance is written and yet we may not be prepared to pick it up.

Mr. DiGennaro: What we're looking at is that we already know what the fees are and what the charges will be from the County standpoint. Once we get the contract, we'll have an idea as to whether it is going to be a contract that is binding, not binding in the sense that we may or may not be locked into it, because we're using hauling as well. Other communities that are not using the hauling are locked into a contract. We kind of have a float. We could start that program once we get a schedule. We're planning on it in the fall.

Mr. Dorsey: This is simple. You had a public hearing; you would like to carry this ordinance to August 14, at which point you would probably have a definitive contract.

President Rattner: I am just asking as a practical matter. In twenty days if…

Mr. Dorsey: He can't carry it. Close the public hearing and carry it to August 14, 2001.

Mr. Spino: The Public will know, we're making sure we have everything in place. I think it is going to take time because you have to notify the public. That's going to take time to get all that stuff out. A lot of people start to realize it is going to be a little easier for them.

Mr. Dorsey: The motion is then to close the public hearing on Ord. #20-2001. To carry it with further action to the council to the August 14th meeting, which is a Public Meeting as well.

Mr. Sohl moved Ord # 20-2001 to carry until the August 14th meeting and Mr. Scapicchio seconded the motion.

ROLL CALL: Passed Unanimously

Ord. #21-2001 Ordinance Reappropriating $13,634.00 of Proceeds of Obligations Not Needed For Their Original Purposes and Reappropriating the Unfunded Balance of $29,953.35 Not Needed For Their Original Purposed in Order to Provide For the Acquisition of a Dump Truck In and By The Township of Mount Olive, In the County of Morris, New Jersey.

President Rattner opened the Public Hearing on Ord. #21-2001.

President Rattner closed the Public Hearing on Ord. #21-2001.

Mr. Scapicchio moved for adoption and Final Passage on Ord. #21-2001 and Mrs. Kelly seconded that motion.

ROLL CALL: Passed Unanimously

President Rattner declared Ord. #21-2001 as passed on Second Reading.

ORDINANCES FOR FIRST READING - None

President Rattner opened the Consent Resolution Agenda to the Public on Resolutions 1 through 17.

Mr. Guenther: Asked to that Resolution No. 13 be moved to Non-consent.

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 that may be offered. If one or more Council member requests, any individual Resolutions on the Consent Agenda may be removed from the Consent Agenda List and acted on separately.

Motion to approve Consent Resolutions

1. Resolution of the Mount Olive Township Council Scheduling its Meeting of August 14, 2001, as a Public Meeting at which Formal Council Action May be Taken, if Necessary.

2. Resolution of the Township Council of the Township of Mount Olive Authorizing a Resolution of Administrative Charges Brought by NJDEP.

3. Resolution to Amend the Capital Budget. (Dump Truck)

4. Resolution of the Township Council of the Township of Mount Olive Authorizing the Acceptance of a Deed from Woodmont Builders at Mount Olive, LLC.

5. Resolution of the Township Council of the Township of Mount Olive Authorizing the Acceptance of Deeds from Fairway at Flanders Associates, LLC to the Township of Mount Olive

6. Resolution of the Township Council of the Township of Mount Olive Authorizing the Release of Performance Guarantees RE: Commerce Bank North.

7. Resolution of the Township of Mount Olive Authorizing the Cancellation of Various Reserves on the Balance Sheet of the Current Fund.

8. Resolution of the Township Council of the Township of Mount Olive Authorizing a Professional Services Agreement with Robert Michaels and Associates for a New Master Plan.

9. Resolution of the Township Council of the Township of Mount Olive Directing the Endorsement of WQM-003 Relative to Oak Hill I, Section III.

10. Resolution of the Township Council of the Township of Mount Olive Canceling the Reserve for Preliminary Expenses for the Smith Farm Park Project for $5,500.00.

11. Resolution of the Township of Mount Olive Authorizing the Township to Enter into a "Renewal" Cooperative Pricing Agreement with the Morris County Cooperative Pricing Council, Hereinafter Referred to as the "Lead Agency" for the Conduct of Certain Functions Relating to the Purchase of Work Materials and Supplies for Their Respective Jurisdictions.

12.Resolution of the Township of Mount Olive Authorizing the Use of Various State Purchasing Contracts.


14. A Resolution to Award a Contract for the Purchase of Grass Seed, Fertilizer and Wood Cellulose Fiber Matting for the ITC South Connector Road.

15. Resolution of the Township Council of the Township of Mount Olive Authorizing the Release of Performance Guarantees in Connection with the Developer's Agreement Between the Township and the Mount Olive Industrial Realty Company, LLC (330 Waterloo Valley Road).

16. Resolution of the Township Council of the Township of Mount Olive Authorizing the Execution of a Developer's Agreement (Final Approval) Between the Township and Woodfield at Mt. Olive in Connection with Sections IIA, IIC and a Portion of IIIA.

17. Resolution of the Township Council of the Township of Mount Olive Requesting Approval from the Director of the Division of Local Government Services for Insertion of a Specific Item of Revenue into the 2001 Municipal Budget ($4,523.55 for the Recycling Tonnage Grant)

PUBLIC PORTION ON CONSENT RESOLUTIONS

Mr. Guenther moved for approval of Consent Resolutions 1 through 12 and 14 through 17 and Mr. Sohl seconded the motion.

ROLL CALL: Passed Unanimously with the exception of Mr. Spino who voted No on Resolutions 2, 3, 4, 9 & 16.

President Rattner asked if we could move the rest of the Resolutions with the exception of Resolution No. 13 as Consent Resolutions.

Mr. Sohl requested Resolution No. 23 to be moved to the Non-Consent Resolutions.

Mr. Spino requested Resolution Nos. 22, 25 & 26 be moved to Non-Consent Resolutions.

Mr. Spino moved Resolutions No. 18, 19, 20, 21, 24, 27 & 28 and Mr. Sohl seconded the motion.

President Rattner opened the Consent Resolutions to the Public.

RESOLUTIONS B CONSENT

18. A Resolution to Award Contracts for the Purchase of Various Concrete Headwall Structures and Concrete Stormwater Structures for the ITC South Connector Road.

19. A Resolution Authorizing the Mayor to Sign a NJDEP Land Use Regulation Program Application for a Transition Area Waiver for the Location of a Water Supply Pipe. (Turkey Brook Park)

20. Resolution of the Township Council of the Township of Mount Olive Authorizing the Renewal of Alcoholic Beverage License #1427-31-027-001 Owned by the Musconetcong Temple Association for the 2001-2002 Licensing Term. -

21. Resolution of the Township Council of the Township of Mount Olive to Extend the Grace Period for Payment of August 2001 Quarterly Tax Bills to August 15, 2001.

24. Resolution of the Township Council of the Township of Mount Olive Authorizing a Developers Agreement With Toll Brothers, Inc. Re: Dyrham Woods.

27. Resolution of the Township Council of the Township of Mount Olive Authorizing
Applications To the Morris County Open Space and Farmland Trust For the Acquisition of Charters Farm and Silver Spring Manor.

28. Resolution of the Township Council of the Township of Mt. Olive Authorizing the Execution of a Developer's Agreement between the Township and Pierson Realty, LLC

ROLL CALL: Passed Unanimously

RESOLUTIONS - NONCONSENT

13. A Resolution Revising the Sewer Allocations Assigned to Block 400 Lots 1 & 2 (Morris Company).

Mrs. Kelly moved for Final Adoption of Resolution No.13 and Mr. Scapicchio seconded the motion.

President Rattner opened the public portion. Know one wished to be heard and asked Council if anyone wished to discuss this Resolution.

Mr. Guenther: I am a little bit confused on this-if someone could explain this to me?

Mr. Dorsey: Mr. Casey is not here and I believe he is the one that worked on that issue and I can't really explain it without his input so if you want to take it off this week, it's okay unless, Sandy, do you know off the top of your head, I don't.

Mr. Kaplan: He came to the Council with this recommendation. We probably should wait until he comes back.

Mr. Guenther moved to Table Resolution No. 13. and Mr. Sohl seconded the motion.

ROLL CALL: Passed Unanimously to Table

Mr. Guenther: I would like to suggest since we tabled this to have Mr. Casey here the next time and with a map. I have a very hard time. I need to visualize where this thing is.

22. Resolution of the Township of Mount Olive Authorizing the Use of Various State Purchasing Contracts and Morris County Co-op Contracts for the Lease/Purchase of Municipal Vehicles.

Mr. Sohl moved for approval of Resolution No. 22 and Mr. Guenther seconded the motion.

President Rattner opened the public portion. No one wished to be heard and asked Council if anyone wished to discuss this Resolution.

Mrs. Kelly: This is for the four new vehicles that we want to purchase? They're awfully expensive.

Mr. Kaplan: They we're going to lease purchase.

Mrs. Kelly: That I understand and I read what the contract says. One of the questions I that I have is does that include any maintenance. Usually when you lease a car your maintenances are part of that up until, unless you need parts or something.

Mr. Kaplan: The Town is responsible to do the maintenance on the vehicles just like any lease agreement for any other motor vehicle that you leased from a dealership

Mr. Dorsey: But there is a warranty.

Mr. Kaplan: Of course there's a warranty, a typical warranty on any motor vehicle that you would purchase or lease from a dealership. That is correct. Basic day to day maintenance is still our responsibility.

Mrs. Kelly: My next question is in the little summaries of what each package included. I didn't see any mileage on those vehicles. What kind of mileage do they get? How many miles per gallon each of the vehicles get. Are they nice economy cars or are they going to be gas-guzzlers?

Mr. Kaplan: I believe the two cars are Impalas which are under State contract. The two other vehicles. One is a Dodge Durango 4x4, and the other is a Ford Explorer 4x4.

Mrs. Kelly: What kind of mileage do they get? Are they gas-guzzlers?

Mr. Guenther: What do you consider a gas-guzzler?

Mrs. Kelly: Anything that gets less than twenty miles a gallon.

Mr. Guenther: Whatever they publish depends on how people drive the cars. What they publish on the sheet isn't what you actually get. That has always been my experience.

President Rattner: We have to remember that the two are trucks. They're heavy. A Durango probably weighs pretty close to 4,500 or 5,000 lbs. The Explorer is 4,000 lbs. They got the four-wheel drive. A truck is not going to get the same gas mileage as a car. So it's going to get below 20 miles per gallon. The Impalas are probably going to get considerably more unless they're short trips.

Mr. Kaplan: I could assure you they're going to get better mileage than the fleet that we currently have now.

Mr. Spino: I wouldn't say they're gas-guzzlers, they're not Tempos. They're not Ford Tauruses. Especially the two that are four wheel drive. They're being purchased for that reason. Very few of those kind of vehicles get really good mileage.

Mr. Kaplan: That is correct. They are heavy duty.

Mr. Sohl: On this issue of fuel economy. I think we have to put things into perspective too. What we're looking at is purchasing vehicles to be used by employees that, for most

Mr. Sohl (cont'd): all intents and purposes, will never leave the Township boundary. Occasionally they may go on a trip to Trenton but I wouldn't presume they're not going anywhere else.

President Rattner: One of them is going to be taking home by an employee who lives quite a distance from the Town.

Mr. Sohl: Well then that employee pays for the gas. Right?

President Rattner: When used for commuting you have to put on their W-2 or 1099 the lease value of the percentage of the mileage that is used for non-business. The same as if you we're in business for yourself.

Mr. Scapicchio: I don't have a problem with the purchasing these vehicles. I have a problem with the way we are purchasing them. I shared this with Sandy earlier today and that is leasing. Sandy, you said you'd have an answer as to what the difference in cost was for these vehicles compared to purchasing them outright, relative to this three-year purchase lease.

Mr. Kaplan: I had Mark work out the numbers this afternoon.

Mr. DiGennaro: Basically, we're looking at four vehicles. Two Impalas, a Durango, and an Explorer, all under State or County Contract. What I've done is based on the estimates given from Ford Motor Credit who would handle the lease contract purchase agreement, they have given us what the payments would be for a 36-month lease purchase of these vehicles with the buy out at the end of the 36 months. That comes to roughly $2,9000.00 per month as you'll see in your memo. I performed the time value money calculation based upon compounding the interest rates for the money that we would have required to come up to buy these vehicles outright. Right now, roughly about $95,000 we would have to come up with, which is money we don't have. That money would be invested according to our CFO at a rate of about 5%. With payout from that account, and the Ford fleet rate, which was quoted in the estimate of 6.45%. We're looking at a total cost over the course of three years in addition to the cost; it's costing us about $2,056.00 over the three year period which breaks down too $685.00 per year for four cars. Or $171.00 per car per year at a rate of 6.45%. If the rate we're to drop based on the Ford Motor Credit. Depending on when we lock in we would actually get a rate of 5.9 - 6.0%. That additional cost is what your looking for is $1416.00 for the course of three years for four vehicles. Or $118.00 per car, per year for three years. That's what it is costing you.

Mr. Scapicchio: But if we we're to purchase these vehicles we wouldn't fund that money and that in an interest bearing account.

Mr. Sohl: But that is a legitimate economic analysis. You take $10,000 and spend it tomorrow, you don't have any use of that money. It's a valid comparison.

Mr. Scapicchio: But you haven't budgeted or allocated it Bill. It's not like we're taking money out of the bank to buy it.

Mr. Dorsey: Yes, but that means there's no alterative. Think what you've said. That means there's no alternative.

Mr. Sohl: You've just basically said there's no other way to purchase a vehicle.

Mr. DiGennaro: We have the money in the Budget this year for the remainder of the five months assuming we get the vehicles in August. The money is in the budget to cover the five-month lease of those vehicles this year.

Mr. Kaplan: Basically what occurred was in my portion of the Administrative Budget for the year 2001, I created a line item with a lease purchase of two vehicles for the administrative pool to be used by employees on an as needed basis. I budgeted $8500 for that assuming that by the time the budget was adopted it would be well in the fourth or fifth month of the year. The lease wouldn't occur until the sixth or seventh month of the year. After the budget was introduced and adopted Mr. Detoro's vehicle failed on us and it is now out of service in it's entirety and I had to give him the use of one of the caprice cars that we received from the police department which is approximately seven years old and has about 130,000 miles on it and that is what he's been using. This depletes the pool cars that I have available for the rest of the employees. As you know when we negotiated for the position of DPW director, one of the things that we negotiated, and one of the things we agreed to was to provide DPW with a director with a vehicle so he could come back and forth on an as needed basis seven days a week, to address issues as they arose, sewer leeks, water problems, snow emergencies, and things like that. And that was agreed to as part of the hiring contract. So, two of the vehicles we're unanticipated, but we have been able to find the money in the Budget to appropriate and have for the balance of the year for the leases of those two vehicles. Meaning the Durango. Mr. Detoro is putting $3,000 out of his budget, and Mr. DiGennaro has found money in his budget to offset the costs for the lease of the Ford Explorer.

Mr. Dorsey: Lets make this simple. The way the budget is set up and the way we only have five months left in the year. The only way the township can acquire these vehicles is now on this lease bases. You can make other comparisons. But the township is not in a position to exercise any other option in terms of these vehicles because it didn't budget the entire cost of the vehicles. So there's an interesting economic analysis of time, of money etc…But it has no applicability here because we did not purchase and I think properly so, the entire cost of the vehicle at the beginning of the year. So this is the only Mr. Dorsey (cont'd): way you could obtain these vehicles at this time. It is done in a way that has the least impact in terns of this year's budget.

President Rattner: I've had a problem with leasing vehicles. First time we leased the vehicles was around 1990-1991 when we we're in dire straits and had police cars that we're falling apart because we hadn't bought any in a few years. It was generally accepted, I thought at that time, that from a financial standpoint it was the same thing. A three-year lease, one dollar at the end. It wasn't that great a deal. Then, looking back at the last time it was discussed was on a fire engine, I wasn't on the Council at the time, but I did get a copy of the minutes from October 8, October 22, November 19, December 10, of 1996. Then it went for another three months into 1997. From the advice of Bond Council, from the Auditors, and from just what we wanted to do, it was felt that leasing is not usually a good idea. Now, even when we went over the Budget, I did approve the Budget with the rest of the council but you don't approve everything in there. I had a problem with the two cars at the time from administrative fleet. But if we could find money in the capital budget and I trust can be done under capital because it's not a passenger car, That we just found money, we voted tonight. We found money to buy a more expensive dump truck. What we're trying to do is spend more money than what we really have available. Just for that alone, I am not going to go for a leasing. It is one thing that we borrow a lot of different things. We borrow money for small equipment under general capital, and I think all we're doing is delaying paying for things that we want to buy today. On small things, on something like that I just don't agree with doing it. I can't support this concept of leasing. If we can find money here and there, and we can find money for a lot of different things. As I said here tonight, we found money for a much more expensive dump truck that wasn't in the budget. It was $450,000, and we found the cash in the existing Budget without burdening the next two years Budget that we could do the same thing.

Mr. Dorsey: It's perfectly a legitimate point. To vote no, then obviously the township is not going to have these vehicles for the balance of the year. The one thing about finding money in the budget; we are not till November 1, which permits massive transfers of money. I don't think Mr. Kaplan is playing games, I think he is done his best to try to fit these vehicles into your current budget. If it is the council's position, that the policy going forward should be no leasing of vehicles, then I think aside from this vote we should make that policy so there's no misunderstanding in the year 2002, when the budget is put together. But the question tonight is, whether or not these vehicles are going to be acquired now.

President Rattner: I think that we have money in the budget if you look in some of the capital budget. When something comes up and we want to do something or the administration wants to do something. I use the example of the dump truck, which is on tonight, they found the money. If they found the money for that. I feel they could fine the other money. We passed a budget. I don't want to exceed that by saying we'll just borrow it or pay it in later years.

Mr. Kaplan: The public purchase in contracts issued by the State does not allow any municipality to capitalize the purchase of passenger vehicles or motor vehicles of that kind. The only vehicles that we're allowed to capitalize is vehicle that we have done earlier this year. The Ford Expedition, I believe for the police department or any vehicles for fire prevention or for emergency management. It would not allow us. It would exclude us from capitalizing money for the purchase of the Ford explorer. For Public works.

Mayor Licitra: You mentioned about finding money. We've had a very energetic program going since Sherry came in, found old ordinances, researched them, went to each department head. You know, that well is dry now. You know my mother used to say, money doesn't grow on trees. Well that well is dry. We've tapped all the resources we possibly could. Don't always find that there is something sensationalized over here. When we had hired somebody, we made a promise. Freddy's vehicle is dead. I mean he need's a vehicle. I mean do you want him to drive around in a vehicle that is not suited to what he does for a living. Then that's fine. I realize that maybe you people you don't want to lease. I don't want to lease either, but Sandy has done a hell of a job trying to make this fit within our budget now. So you have to put aside your desire not to lease and find that and understand that we need these vehicles. There's no subterfuge over Mayor Licitra (cont'd): here. What you see is what you get and I can't send Sherry back to find money that she doesn't have.

President Rattner: Then we spent other money that we didn't have. We've already been buying things that were the original budget. I look at the budget as being the templates as they way were running the town, and if we can't do one thing, we do a switch, and say ok something else has a priority. When we went over the budget we had a priority as to what was important, what wasn't. What had less importance. The stuff that was on the bottom got cut out. Maybe if this was put in, or maybe some of those other things that we are going ahead with that we wouldn't. Because maybe these vehicles are more important than some other things. If it was your budget you have a certain amount of money. You want to go on vacation. The furnace goes. You do something else on your vacation. You don't just spend, well this is America, maybe we do. I don't believe in doing that. I believe that we have the budget and if we need something else, then we switch it with some other item.

Mr. Spino: I don't particularly like leasing, as most of you should know. I am satisfied with the explanation tonight. And again, maybe Mr. Dorsey has the right idea that we formulate a policy to make sure that we don't lease again. But we're talking about at least one emergency situation where the vehicle is gone instead, use that term, and what is needed to replace it. Plus the amount of money that we got from the other ordinances from what I read was $29,000 to find enough money to buy these vehicles. I don't think we're going to be that lucky and that fortunate to find close to I guess $200,000 for these four vehicles.

Sandy Kaplan: $97,000

Mr. Spino: Ok $100,000. I don't think that's going to happen. I'd like to call the question and at the same time pose that we have on our workshop agenda a policy written to put into effect that we don't have to lease. I don't see any other way out of it. Again I am not an accountant, but I do think the vehicles are needed. Not the best way to do it. I don't believe.

ROLL CALL: Passed Unanimously with the exception of Mr. Guenther and Mr. Rattner voted no.

23. Resolution of the Township Council of the Township of Mount Olive Rescinding a Resolution Entitled RE: Titans Football Team.

Mr. Sohl: I like to see us table this because it was my expectation that we we're going to get some kind of written reference report/recommendation whatever from the recreation committee I have not seen that at all. I am not going to take action based on hearsay and commentary unless, and in fact our representative to the recreation committee is not here tonight which was the key reason we passed this in the first place.

Mr. Dorsey: Your motion is to table

Mr. Sohl: That's what I'd like to see us do.

President Ratter: Is there a second?

Mrs. Kelly second to table.

President Rattner: Any other council discussion?

Mr. Dorsey: No, no discussion

Mr. Scapicchio: You got a couple of hands up over here.

Mayor Licitra: You're table the resending of the Resolution

Mr. Dorsey: That's right. Tabling Resolution #23

President Rattner: Mr. Licitra

Mr. Licitra: Give us a minute. I remember something coming in. Sandy is looking for it now.

Mr. Kaplan: Are you saying that you never say anything from the…

Mr. Sohl: To my understanding there was a recreation committee meeting last Thursday… Last Wednesday. And there was supposed to be a written report/memorandum recommendations from that entity. I have never seen that.

Mayor Licitra: I don't remember seeing it either. I remember Sandy asked for it. I did not ask for one.

Mr. Kaplan: I asked for it. I was supposed to get it as a result ….

Mr. Sohl: All right. That's simply why I prefer to table this at this point in time. I don't have enough information to make a qualified decision.

Mr. Kaplan: Just give me one minute to go through my some of my paperwork.

Mayor Licitra: Why don't we go on to something else?

Mr. Sohl: That sounds good.

Mr. Scapicchio: Yes, I suggest. Both Steve and I we're at that meeting and just observed those discussions. I think that at the end of that meeting and it was probably an hour and a half to two hours long. The committee took a vote. And the vote was such that their recommendation was to have the township not endorse that program. I thought they would of sent something in writing.

Mr. Licitra: I am sorry you did not get a copy of it. But we do have a July 19th memo from Eric; it says, "It was recommended that Titan Football Team not be sponsored by the Township for insurance coverage on this trip. Please see the minutes from the July 18, recreation advisory committee meeting." Bill I am going to tell you something, I was at that meeting too for an hour and a half…..

Mayor Licitra: And let me tell you something. I don't think these people will ever be able to get together. I just finally told them at the end after about an hour and a half I said you know you people have got to come to a middle ground, but I personally don't think they can come to a middle ground. So we're working on some other avenue. But if you want to see it I'll give you the whole file.

President Rattner: One comment there. One thing that upset me a little bit cause I was there and I realize they wouldn't get together and the concept of a having a lead for the larger junior high students that don't qualify because weight is a safety item seemed like an laudible program. But I heard weights going around; I thought there was a representation that you know that heavy weight team wouldn't go below 150lbs. We we're trying to negotiate it up. I read in the chronicle that there was an advertisement
That said a 130lbs. Supposedly that was a press release from the other league. I was just there. I was concerned about that.

Mr. Dorsey: Wait a minute. We have a motion to table pending. Does Mr. Sohl wish to withdraw that motion now?

Mr. Sohl: No, I don't

Mr. Dorsey: Then the next step is to take a vote on the motion to table.

Mr. Guenther: Did somebody second that motion?

Mr. Dorsey: Yes, Charlene.

Mr. Licitra: Does everybody realize your not going to get anymore than what you have down here?

Mr. Guenther: So we won't make a decision on this tonight. No big deal.

President Rattner: Then we'll vote down the table

Mr. Dorsey: If you vote the table that is the end of the resolution tonight. If you vote against the table then you go back and someone makes a motion to approve the Resolution.

President Rattner: Like I said. First we have to vote on the tabling then vote it down.

Mr. Dorsey: Don't say you have to vote it down.

President Rattner: If we're going to re-pole it, we're not going to re-visit.

Mr. Dorsey: So now Mary will take the roll on the motion to table.

ROLL CALL: Mr. Sohl, Mrs. Kelly voted yes, on the motion to table Resolution #23
Mr. Guenther, Mr. Spino, Mr. Scapicchio and President Rattner
voted no on the motion to table Resolution #23.

Mr. Scapicchio moved Resolution #23 rescinding this Resolution and Mr. Guenther seconded that motion.

President Rattner: Anybody from the pubic like to address this Resolution? Any further Council Discussion?

Mr. Spino: What happens in a couple weeks when they come and they have 300 kids here that want to play Titan football that are all over 150lbs. I am not saying it's going to happen.

Mr. Scapicchio: I can tell you Earl that the Titans' representative at that meeting had told us that whether or not the township sponsors' this team they will have insurance coverage
They will reveal the team, and they will play football.

Mr. Sohl: I just like to comment in reading. At least, pointing. Thanks for highlighting this Earl, it's telling in itself. This indicated that the motion was made by the recreation advisory committee to not recommend to the administration and council to include the Titan Football Program as a Township sponsored activity. The vote was. And this is pretty telling. Three yes, three no's, one abstention. Final decision, the abstention goes to the yes.

Mr. Dorsey: I don't understand that.

Mr. Sohl: I don't understand that either. So I would simply say at this point that I am going to abstain when the vote comes around because I recognize as the Mayor indicated. I believe this is a lose; lose no matter which way anybody votes. But from the basic premise that I have not been given valid data, valid information of any concrete. I operate on what I can see and read something and I am not going to go on hearsay. That's my opinion.

President Rattner: We're in this situation because what happened was there was a misinterpretation of what happened at the meeting a month or so prior when the recreation committee was discussing it and this we got right from the people who vote on it at that previous meeting was that they thought they we're voting on the investigation
whether insurance was even available because they felt that's the first step to go on before they even went any further. And somehow in the communication that came to the Council and we took it as a routine item, said that the committee said to move ahead and the people who did vote on it nobody there said that's what they voted. They voted on the investigation. Is insurance available? We got it that, go ahead and get the insurance. This is the difference of a couple words. That's why we're in the situation we're in today. That it was proposed that we rescind this.

President Rattner: Any other comments?

ROLL CALL: Pass unanimously with the exception of Mr. Sohl who abstained and Mrs. Kelly voted no.

25. Resolution of the Township Council of the Township of Mount Olive Awarding A Contract to Tilcon New York, Inc. In the Amount Of $197,130.00 and Appropriating Sums for Said Contract.

26. Resolution of the Township Council of the Township of Mount Olive Rejecting All Bids For the Improvements to Corey Road.

President Rattner: Opening Resolution #25 and/or #26. This has to do with the awarding of a contract. Tilcon in the amount of $197,000. We got a grant for the repaving of Corey Road. The bids came in about $20,000 over the amount of the grant. So as of right now, we are short the money. So we have one of two options. That's why we have two Resolutions listed. One, we could go and see about re-bidding or the other is take the extra $20,000 and look at putting that into regular road paving project. Adding that to the $170,000 grant we got from the State and move forward. One of the two things have to be.
1. The $177,000 when we put in for that was just an estimate; it wasn't a bid or anything else. It was a number we thought we had a good chance of getting from the State and we won it.
2. One of the reasons we want to move ahead is that Corey Road is where the High School is. We want to make sure that if we do any paving, the paving is not done during school session.
So those are the issues we have now. Is there anything else you'd like to add?

Mr. DiGennaro: The only other thing I wanted to add is that you really didn't have a competitive bid because you only had one bidder.

President Rattner: Could you give us an explanation why you think we only got one bid.

Mr. DiGennaro: No idea.

President Rattner: Cause it's a fairly simple bid. It is just a resurfacing project. Right?

Mr. DiGennaro: It's curb and sidewalk I believe as well.

Mrs. Kelly: I also wanted to know if, does this include a turning lane into the high school? Traffic backs up, and it's really hard to get in there.

Mr. DiGennaro: Unfortunately, I am not thoroughly versed in the project itself. I was just brought in at the tail end of the bidding, so I can't comment on that. I will look in to the plans and I'll have an answer for you in the morning. I understand it is curb and sidewalk involved and paving.

Mr. Kaplan: But I don't think there's a turning lane to be honest with you. I think it's just resurfacing of Corey Road in addition to sidewalks in front of about 10-12 properties where there is no sidewalk now. That was a $175,000 grant that we received from the DOT, and the balance of the money think I've explained in a memo is coming from the balance left over $2000 paving program and the rest would come from the 2001 paving program.

Mr. Spino: I think I really knew the answer to the question cause I did read it. I would prefer us to go with Resolution #26. Rejecting the bid, it says all bids but rejecting the bid and re-bid. I mean it comes back to the same amount of money with two bidders. I have no problem with that. But I'd like to at least see more than one bidder. I've been saying that for a long time, whenever that happens. I would prefer us to go with #26.

Mr. Dorsey: Did anybody ask Gene Buczynski why there was only one bid.

Mayor Licitra: Everybody has one.

Mr. Kaplan: That's basically what he responded to me when I asked him that.

Mr. Dorsey: If that's true, then it gets to be risky.

Mr. Scapicchio: I was here early tonight and Mr. Buczynski was here. I guess he had a meeting with residents of Corey Road and he had maps and what not. I heard some of that, and it was a little bit more than resurfacing. They we're going to actually change some of the base. Guess the question I have is the road in such a condition that it needs to be done sooner rather that later. Is it a situation where what has to be done there is hazardous and intrusive to the school.

Mr. Kaplan: I sat in on part of the meeting also and I've discussed this with Gene and the issue really is to get the paving done before the High School opened because the paving project alone will probably need to close the road by at least one if not two days. And that would interfere obviously with the schedule at the High School if it we're done after the school opened.

Mr. Dorsey: You either award the bid tonight or you don't get it done before school opens.

Mr. Kaplan: The other issue is that if we don't come under contract by the end of August, we lose the money….We're under direction from the State, I believe, we must be under contract I believe by the end of August, or we will lose the money. So we will go out and re-bid this almost immediately in order to be able to do that. Obviously we don't know what the results…

Mr. Scapicchio: Gene had represented to me at that meeting that he thought it was highly unlikely that we could rabid it, get the bids back, and award it in time to get it done.

Mrs. Kelly: Why can't our Township road crew do the repaving? When we get a State grant, does it have to be done? Sent out for bids?

John Dorsey: I think the answer to that is it is too large, it's not filling a pothole. It is too large for our DPW.

President Rattner: I don't want to seem schizophrenic after what I said, about the leasing. You know what we can get. If we have a good reason we could get an extension. We have to let the State know because we've done that before. They give us a certain length of time, obviously we're getting near the end. Even when we bid. If you look at the bid they have unit costs. There are pluses and minuses right along as they do the work. Every road we do. Because it's exactly what we get billed, is based on how many tons of asphalt they actually bring in. How many linear feet of sidewalk. How many linear feet of curbing and everything else. And there's pluses and minuses cause if they hit a rock, or they find utility or something like that. When we put in a grant application there are two things that go into it. How much do we think it's going to cost? Can we try doing it within a range that we think is going to be accepted. Because we know; we have a pretty good idea each year how much money they're actually giving out. A lot of times, we bid less. We put an application for less than we thought it was going to cost, just because we wanted to make sure we got something. With this, the administration already said. This is not going to cost any more money. There is money in our paving projects. It may a little more than that $20,000 it could be a little bit less. But you won't know till the job is done. If we could get it done before school is opened up, I think it pays. There is no guarantee it is going to be any cheaper if we go to bid again. It could just as easy come in more expensive. So I think with this, and remember this is $170,000 we're getting from the State income tax money that is coming back, or your sales tax money and we're putting in just a little piece, and we're getting a lot of rope fixed. And I think we should move ahead and get it fixed. This way it's open for school.

Mr. Dorsey: Do we have a motion?

President Rattner: Yes

Mr. Dorsey: Do we have a motion on Resolution #25?

Mr. Sohl has moved Resolution #25, which is to go forward with the contract, and rearrange the money and Mr. Scapicchio seconded that motion.

ROLL CALL: Passed unanimously with the exception of Mr. Spino voted no.

PUBLIC PORTION ON INDIVIDUAL RESOLUTIONS

President Rattner: Any from the public like to address the council on this Resolution. Any further council comments?

COUNCIL COMMENTS ON INDIVIDUAL RESOLUTIONS

ROLL CALL MOTIONS

1. Bill List. B E. Spino

Mr. Spino moved the acceptance of the Bill List for payment as listed in our check registrar. As Mrs. Kelly points out to me. I didn't count them all. 45 pages. $1.6 Million according to Mr. Rattner and Mrs. Kelly seconded that motion.

President Rattner: Any discussion? The only comment I have, obviously we're getting a lot of detail now. Is that on the capital for a while when we're going on the old message. When would we paying down on capital ordinances we would get a schedule showing us how much money is remaining. And since we have some fairly big projects, I was looking obliviously something that there all looking very closely at. That's Turkey Brook. I was hoping to see how much money we've paid some of those contractors in there. So I would just ask that…I realize now it's additional work. Cause I know before when we had the old bill list it was part of that manually prepared item. But anything on the ordinances we'd like to see how much money is remaining this way we can get an idea of how close it's coming to the end. With everything else, I reviewed everything and you know, other than because they put every nickel and dime in you see two dollar charges that you wonder what they are. But they're really insignificant. So any other Comments?

ROLL CALL: Passed Unanimously

2. Approval of Raffle Application #993 for the Long Valley Ice Hockey Club, Inc.; Approval of Raffle Application #994 and Raffle Application #995 for Starlight Chapter #107 Order of the Eastern Star.

Mr. Guenther moved for approval of the Motion and Mr. Spino seconded the motion.

ROLL CALL: Passed Unanimously

COUNCIL REPORTS

Mr. Sohl: The action that we took at the last meeting and I spoke with Kathy Murphy, the grant application is in its final stages of preparation. That has to be filed before the end of the month. Hopefully that will take obviously a certain amount of time. It's my hope that what will happen is the reality as we saw when applying for grants both for open spaces. Even for the sewer project that as much interest might be there up front, not every Community Township comes through with the proper type of supportive documentation. Here again is an area where Kathy Murphy has excelled in being able to put together exactly the kind of information that it takes to not only simply apply for the grant. That's the mechanical easy part of it. Filling out the application. But presenting it with enough and sufficient information to make it an easy decision, for in this case, the State to grant that. We're looking for approximately $1.2 million in grant money to supplement the library construction.

Master Plan Report B D. Scapicchio

Mr. Scapicchio: We had a meeting with Mr. Robert Michaels who was a planner that's working with Chuck McGroarty on Thursday night; tonight we passed the Resolution awarding a professional services contract with him in the amount of about $65,000. We are going to put together a draft master plan that will be submitted to the planning board. Mr. Scapicchio (cont'd): And if I interpret this time line correctly we'll probably have a draft document prepared and a recommendation passed on to the Planning Board in about 12 months. So that's moving forward quite nicely. I would just suggest that if anyone has any comments, input or suggestions as to what they think they'd like to see in this new master plan. They could send those comments to chuck McGroarty or find out when those meetings are and attend the meetings and offer your suggestions then. Thank you.

PUBLIC PORTION

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

Mr. Bob Elms, Budd Lake: Could you have somebody look into the amplifier system so we can hear in the back? I don't know what's happening, but we can't hear anything you're saying.

Mr. Sohl: We directed the Clerk to do that.

President Rattner: It's in the process. I believe the contractors have been here. When the comment came up about a month, a month and a half ago with the lights, orders we're placed at the same time. You see the lights we're installed, because I guess that contractor was able to work quicker. Okay. Thank you.

Mr. Elms: The second comment-I noticed you we're passing Resolutions to award Bids for things on the ITC Connector Road. Why are we involved in that at all?

President Rattner: Mr. Dorsey, you want to explain the relationship we have with the Grants and the ITC Connector Road.

Mr. Dorsey: Yes. The answer to that is, the State of New Jersey through the Department of Economic Development made a Grant of $3 million in connection with the installation of the Connector Road. That Grant could only come to a Public Entity such as the Township. Therefore, the Township made the application at the request of ITC South. The request for the Grant was made. Those monies have to flow through the Township. The Township absorbs no costs. None of the money being expended is Township money. It is either money from the State, or money from the Developer because the Developer assumed the responsibility for all costs above the $3 million Grant that was made by the State of New Jersey for that Interconnector Road. Because that money flows through the municipality in accordance with contracts with ITC South, and now AIG Baker, we expended-the State money, we expended their money. None of it is our money, but we have to make the awards to the various Contractors.

Mr. Elms: Okay. The reason, I understand, that they we're putting that road in to begin with was, to prevent people from-and that's the reason we cut off Gold Mine Road, and the other road-to put that road in to go out to the one light-

Mr. Dorsey: My understanding, the Connector Road goes from Route 46 to Route 206.

Mr. Kaplan: That's correct.

Mr. Dorsey: That the State very much endorsed that entire concept as one that would alleviate traffic congestion, as I understand it, on both Route 46 and Route 206. And the Township endorsed it because it was the most appropriate way-as the engineer said, it was the most appropriate way to provide for good traffic flow between Route 206 and Route 46 to avoid people getting into ITC South through minor roads.

Mr. Elms: So this is a connector road that goes from Route 46 to Route 206 that bypasses the mall if you want to?

Mr. Spino: Sure.

Mr. Elms: Or does it go through the mall?

Mr. Spino: Bypasses. You have to get off the-I'm sorry-

Mr. Dorsey: Go ahead.

Mr. Spino: You have to get off the connector road to go into the mall. Also-this road is a modified road. In our original Township transportation plan, there was always a road from Route 46 at the Trade Zone to come to Route 206. The only difference was that that road, because we couldn't go on to another Town's property, and the Trade Zone did get an approval to go through property that's owned by Netcong. The original road went from the Trade Zone Route 46 to the edge of our property, Mt. Olive property on Gold Mine Road, and out to Route 206. They eliminated that spur-they have another street in there-but they eliminated that and put their own road in from Route 46 because they got property approval from Netcong.

Mr. Elms: Well, if they have that road, why did they need to cut off the other two roads?

Mr. Dorsey: The cutting off of roads-for instance the cutting off of Flanders-Netcong Road was a decision made by this Council. That decision was essentially made so that those basically residential roads would not be used by traffic attempting to get, by way of a short cut, through the residential areas to the mall. And that's why Gold Mine Road was split in half, so to speak, and Flanders-Netcong Road had a cul-de-sac put on it.

Mr. Elms: Flanders-Netcong Road was cut off at Gold Mine Road any way for the mall property.

Mr. Spino: Yes, but there is a road that's going to be built from Gold Mine Road into the shopping center.

Mr. Elms: That's to be able to move the traffic light from Gold Mine Road to the connector road.

Mr. Spino: Right. So there will be a direct way in to that new road from Gold Mine Road. And, also, the parking lots empty out on to the northern part of the property. Empty out on to Gold Mine Road. There's a parking lot entrance.

Mr. Elms: And as I understood what was said a couple of months ago, that, if they could put a second light at Gold Mine Road, and the new connector road, there wouldn't have been a reason for cutting off Gold Mine Road.

Mr. Spino: Absolutely.

President Rattner: No-Gold Mine Road, and Flanders-Netcong Road would have, I think, been cut where it was. When I read the traffic report by the Developer. Their traffic expert said to expect five percent of people going to the mall-and that's probably a low number because it's the developer-five percent would try to bypass the highway entrances and come in through back roads. And I believe it was something like 34,000 vehicle trips a day, so you figure how many cars that would be on those local roads-roads that may have 80 cars a day today. And the only way to avoid that-and also when we first start looking at it, because it had to be approved at the Council-what they we're planning, a 20-screen, I believe, theater at the back corner. The easiest way to get to it would be right at that corner of Gold Mine Road, and Flanders-Netcong Road. So by cutting it off, we saved the integrity of the neighborhood. I don't like the road. It takes me an extra ten minutes to get to Route 206. That's the way I go to work every day. But, it was something that made sense to keep a lot of extra traffic off the roads.

Mr. Elms: Okay, assuming that that's the case, wouldn't it make more sense there at the Solar Sun Club to put the Stop Sign on Flanders-Drakestown Road rather than on Drakesdale? Because when you come out of Drakesdale Road you cannot see what's going on-

Mr. Spino: I'm not sure that that's going to be addressed, but that-I remember from the Planning Board years ago, that intersection is going to be redesigned by the Developer-part of their approval was to work on that intersection. I would assume when they do that, they might consider that. I don't know though, because I haven't seen any plans.

Mr. Elms: Thank you.

President Rattner: Thank you, anyone else.

Mr. Jim Snodgrass, Flanders, NJ: I live very near the corner of Flanders-Netcong Road and Drakesdale Road. A couple of comments. I'm glad to hear the gentleman's comments about the Stop Sign because I was prepared to come up and say the same thing. I'd appreciate it if the Stop Signs we're reversed. I think it would very much enhance traffic flow. Secondly, there had been some reference to the Ice Hockey Rink. I appreciate Mr. Dorsey's comments about the Council's desire to keep that area residential, and I hope that that's carried through to that application as well. Thanks.

President Rattner: Thank you.

Mr. Spino: Just a point about the Stop Sign. Since Flanders-Netcong Road-when it changes there to Flanders Road-it's a County road, and maybe we should start that process rolling. They would have to go along with that or approve something because it is a County Road.

President Rattner: That's not a problem-

Mr. Spino: I'm just saying maybe we should start that process.

Mr. Guenther: I've been complaining about that corner for years. This is nothing new That corner's been that way ever since we moved to that area. I've mentioned it several times. The last time I mentioned it-I think Mr. Dorsey said, as part of the Developer's Agreement, or combination of agreements-and I've talked to Gene Buczynski about this. They are in the process of redesigning that intersection to make it a double stop, and somehow reconfigure it to make it safer. So that's the progress report on that as to-because my suggestion was also to reverse the Stop Signs because they don't make any sense. I was there today. There Somebody was in front of me that never traveled that road before and he didn't know where to stop. So, he stopped at the Stop Sign on Drakesdale Road-well, you can't see anything.

Mr. Spino: Every time I go through that intersection I make sure I slow down because people don't know.

President Rattner: And we have to remember why it should be put on a priority list is, we have-the development we're talking about is about 400 units. And I believe the traffic study said about 70 percent of the cars will be going out that way, and you also have Turkeybrook, and we know that we'll get some large crowds-especially people from out of the area that don't know the area, and it should be one of the priority intersections for the Town at this point.

Mr. Spino: We might want to contact the Township Engineer Mr. Buczynski and see if the Developer hasn't, in fact, started to redesign, because I know they have to do it-or at least put money into the process.

President Rattner: And I'm sure whatever help we need from the County they'll help.

Mr. Guenther: Can I request of the Administration at our next meeting have an update on what's happening there-because I understand that the Engineer was looking at it, and it's something that had to do with all the other developments that are being approved. Could we just have an update on what the progress is?

Mr. Scapicchio: Steve, you had mentioned this once before. I wonder if an option is just to make that request to the Police Department and see if we can in short order get those stop signs switched around and then whatever happens with the redesign happens whenever that happens.

Mr. Dorsey: Just have Sgt. Galop say what you want him to say. He's a good guy.

President Rattner: Okay, anyone else from the Public?

Mrs. Colleen Labow, Budd Lake: I would like-first of all, who drives the Durango that they're getting? Who's going to be driving that Durango?

President Rattner: That's going to be the Fire Prevention-

Mr. Kaplan: Fire Marshall, Fire Prevention, Emergency Management Coordinator.

Mr. Spino: All rolled into one. And the reason that they're using the Durango is because the equipment that they had-that they're taking out of the vehicle that they had and replacing in there will fit in there and it won't fit in the other vehicles. It won't fit in an Explorer.

Mrs. Labow: Okay. I got a call this past week from some people on Pine Grove in Budd Lake-which I think you're familiar with-the odor that they've had in their sewer system there.

Mr. Guenther: You know, it's curious, Colleen. Those people have been here many times and they know the exact procedure for a call. And, Mr. Kaplan has offered his help many times. He said to, "Call me." They have his phone number. So, it seems very-and I've been up there asking people about their problems within the last couple of months. Granted it's warmer now, so it's not as if they don't know what direction-

Mrs. Labow: They said that probably you guys would say that no one has called and they said that they have called repeatedly. And the other thing-

Mr. Guenther: Who have they called?

Mrs. Labow: They said that they called the Town.

Mayor Licitra: Oh, please. Before you make a Statement like that would you please ask them who they called, when they called and we'll take care of that.

Mrs. Labow: Okay, I will ask them.

Mayor Licitra: Don't make blanket Statements, please, like that.

Mrs. Labow: Well, I'm repeating what they said.

Mayor Licitra: Please, let me finish. You had the floor. Don't make blanket Statements like that because it reflects bad upon this Administration. We get back to everybody that we possibly could. And I want to know when my people don't get back to somebody.

Mrs. Labow: Okay, I'm speaking with Mrs. Abella and she told me she has repeatedly called, and I'll ask her who she spoke to. She works nights. That's why she couldn't be here. Okay. The question I had was, they had said that they we're speaking with the State and the State said that all they need to do is call them one more time and they'll begin fining the Town, and it was going to be something to the tune of $50,000 a day. I just wanted to know how does that happen?

Mr. Kaplan: For the odors?

Mrs. Labow: Yes, I guess because it wasn't properly installed. They're just one phone call away but they don't want to do that because they don't want $50,000 a week-not "a day" but "a week" to the Town.

Mr. Kaplan: I'm not aware of that. In fact, as a result of the complaints that we received about this problem, we instituted a new process that flushes the system on a regular basis. And as a result of that, we we're getting no complaints of odor. We haven't had complaints of odor up there for quite some time.

Mrs. Labow: What's "quite some time." A week? A month?

Mr. Guenther: The end of last year. Obviously, when it gets colder-that's what the residents told me. We we're up there when it was a little bit cooler and they said, "We'll have to see when it gets a little bit warmer." So, usually the cooler months we don't get them. But, the last time they we're in here, I believe, was toward the end of last summer and then you took aggressive action, you we're up there frequently, I think Mr. Rattner went up there and took aggressive action an then he instituted this procedure.

Mrs. Labow: I was up there on Saturday. I didn't have the windows down in my van and you could smell it. It was really horrible.

Mr. Guenther: What time of day?

Mrs. Labow: It was about 4:30 - 5:00pm. It was really bad. And they we're telling me that there was one woman around the corner-the gentleman who does the illustrations for the Goosebumps, when his wife was pregnant, she was constantly sick from the smell. People can't sit outside; you can't sit outside on your deck. Just standing outside talking was nauseating.

Mr. Kaplan: No one has called us about that to be honest with you. We will investigate it. I will have Mr. DiGennaro look into it tomorrow.

Mrs. Labow: They we're saying that there is something about the way it settled that it doesn't run off properly so then it--

Mr. Kaplan: That's why we started flushing the system on a regular basis

Mrs. Labow: And then it

Mr. Kaplan: Settled over night

Mrs. Labow: Right, And then the smell goes away and then it comes back again

Mr. Kaplan: We have not, again I'll repeat I we have not had any come close to my office to the best of my knowledge nor to the public works department.

Mrs. Labow: So they should call you. Thank you.

President Rattner: Thank you.

Mr. Kaplan: Anybody that I can help? Yes sir.

Ned McDonald: Budd Lake. This is concerning the lease of these vehicles. Is there a reason that your not going and accepting or soliciting bids from the various auto dealers around? Why are you only, is this? Have you only gone to the State County contracts for these vehicles?

Mr. Dorsey: The answer to that is. It is understood in the business, that the State, because it buys in bulk; gets the lowest price that can be gotten on these contracts. Because remember, the State probably buys a thousand of these vehicles in the course of the year and volume dictates as low price you can get. That's why it's generally accepted that if municipality is going to buy something it is available to it through the so-called State contract. It does so. To buy on it's own, it simply doesn't have the same bargaining power.

Mr. McDonald: But I know in other cases it has been cheaper to buy outside of the State contract on other items. And this isn't a hard and fast rule.

Mr. Dorsey: I don't know that that's so. I mean there are things that there is not a State contract to purchase available to the township for certain materials, and therefore the Township has no choice except to bid it itself. With such things as vehicles, which is the typical thing that is on the State contract, are generally been found to be cheaper through the State contract than any other way. I mean, I mean the State of New Jersey probably buys, your talking about cars, what? 10,000 cars a year are purchased through the State contract. I mean, municipality simply can't use-

Mr. Dorsey: Several thousand. Municipality alone cannot equal that bargaining power. And that's why there is this concept that the State contract. That's why in Morris County for instance there is a cooperative buying system in which municipality the co-op which is, used to be run out of Randolph;

Mr. Kaplan: It still is.

Mr. Dorsey: It's run out of Randolph. They essentially buy through the co-op because there materials there you can't get on the State contract. The prices are lower than if municipality bid them individually

Mr. McDonald: The other question is, where is this money coming from? The mayor said "the well is dry."

Mr. Dorsey: It's difficult to follow the whole course of discussion. The Administrator when he put together the budget, included money in the budget, and therefore it's there now, to pay for five months of leasing of these vehicles. So the money is in the budget, the money therefore can be spent. It is not new money. The conversation then proceeded particularly by way of Mr. Rattner's analysis that perhaps it's cheaper to buy cash for the vehicle, then the issue became; we did not budget for the entire cost of that vehicle. We only budgeted for the five months of lease payments that had to be made. Then Mr. Rattner said "well Administration you've been very clever this year coming up with additional money, go find more money." And the Mayor then said, "Look. We came up with $29,000 to buy a dump truck out of so called extra money surplus money but the well is dry." So all of those Statements are consistent in of themselves, but as far as what the Council approved here tonight, the budget contains the money for the five months of lease payments that has to be made for those vehicles.

Mr. McDonald: Thank you..

President Rattner: Anybody else from the Council, or from the public like to address the Council? Mr. Candura.

Lew Candura, Budd Lake NJ: I just have one point of clarification, on the thing with the source for all of the uh, ah Budd Lake residents. Is there a weekend number? Because Ms. Abella ran into me at the Post Office, and she also brought it up to me that there was a problem with the smell. She said " It wasn't so much temperature dependent, but weekend dependent." and I think what she was trying to tell me was that she is not out and about during the week but when she goes out and about on the weekends she smells it, and there is no way that she feels that she can get in touch with anybody.

Mr. Candura: Is there a phone number?

Mr. Dorsey: Yes, Mr. Kaplan can give her the phone number.

Mr. Candura: On the weekend?

Mr. Dorsey: Yes?

Mr. Kaplan: I would initially tell you to call the police department and then the police department will get in touch with either DPW or the water sewer department and they'll respond.

Mr. McDonald: Ok. Thank you

Mr. Kaplan: Your welcome

Mr. Candura: At a previous council meeting we have discussed the traffic over by Toys R Us. One question I forgot to ask. We said that basically the DOT said that they we're going to do something but Earl I think he said you've heard that before about the intersection and probably won't get done.

Mr. Dorsey: No, I don't think he said that.

Mr. Spino: What I said was that at the urging of myself and the Mayor, the Planning Board level we started the process for the State to look into changing the intersection. Making construction changes. Actual changes to the intersection. At this point all that is going to be done was timing sequences of lights and lanes, turning lanes, they're going to be changed. As to whether there really going to reconstruct it or not, that's. We have got an agreement from Toys "R" Us that if the State finally agrees to do that. That they will contribute to that. But that process is ongoing. I don't know where it is as far as engineering has been done it or not but that's what they agreed to at the Planning Board.

Mr. Guenther: This also came up in a legislative meeting that we had. The representative of DOT, essentially as Earl said, I always thought that that corner something should have been done the first time Toys R' Us was built. They are not going to do that. The turning lane was the best that they would do at this time. This is not the excuse but the explanation given, is that he grouped all the projects required as DOT is concerned, the ones, things that can be done immediately which really are fairly superficial. And even the turning lane is something that is a little more complicated. And the ones that are possible within a two - three year time span and then there are the ones that are on the never never plan. I mean he was being honest. That's just the way DOT works. They're just extremely slow and very inefficient. And it's very tough to get any major changes through for that you know, to do. Apparently this something the turning lane we will be working with.

Mr. Spino: Thank you for refreshing my memory.

President Rattner: Would anybody else like to address the council?

Mrs. Labow: Sorry, Colleen Labow, Budd Lake. I wanted to ask Mr. Kaplan. When I was speaking with the Abellas the other day they we're telling me that they we're told from the NJ Water Co. that they had slated that they we're going to be putting in new piping, that because their piping is old and just really needed to be redone, and they had said that they we're told by the State that the reason why they are having such smell with the sewer line is that the pitch isn't correct. Like it settles and the pitch isn't right. They we're questioning, why if we couldn't get together with NJ Water Co. and if there going to rip up the roads, to put in these new water pipes why can't they properly redo the sewer pipes and at the same time and it could save both the town and the NJ Water Co. money at the same time. Is that a possibility?

Mr. Kaplan: First I am not aware of the fact that of NJ American Water said that they we're going to replace the pipes. The question that you are talking about…

Mrs. Labow: Yea they told that to them when they had questioned that.

Mr. Kaplan: I am not aware of that. Second, NJ American Water would not be responsible for resetting or recasting sewer lines.

Mrs. Labow: No, I know but if they're going to tear up the roads anyway.

Mr. Kaplan: I am not aware of that.

Mrs. Labow: Ok

Mr. Guenther: Who was it from the State that made this comment? To me it seems…Somebody from the State made the comment t the citizen, right? Who was it?
It seems very curious to me that somebody from the State had that kind of analysis to make that they wouldn't approach someone in the town about it.

Mrs. Labow: Yea. It makes sense that they have been through this and they haven't gotten anywhere. I don't know who they we're though.

Mayor Licitra: Please. Give me names. Do me a favor. I get annoyed. I don't mind helping people. And I try to help as many people as I could and I'm going to tell you. These people down in this Municipal Building. They're one thing. They better get back to people. So please, you got to come with names. You know I really get tired of you coming up here and saying I heard this. Someone called me. I called this one. This one didn't do it.

Mrs. Labow: Are you referring to me when you say you?

Mayor Licitra: Please if you give me names I'll respond. I guarantee you. I'll respond. I'll respond to anybody. You got to have names. Ok?

Mrs. Labow: When you say you. Do you mean me in particular?

Mr. Guenther: Anybody in general Colleen. It comes. When you come with here say. We can't work with something that we don't have the facts.

Mrs. Labow: But I don't, no one tells me what I need to know.

President Rattner: We could go back and forth. I think the big thing is. And it is important, and the Mayor is serious. If people are making calls, and they're not getting returns. He needs to know who it is. You know. There are 150 employees. There are 40 department employees in public works and related areas. You know it could be almost anybody. We really need that. Sometimes people say they don't get back I know from my own experience. Cause they don't get the answer they like, "know body gets back to me". But, if there isn't anything to say. Who they called and around what time, if they left a message. Then the Mayor can do something and then we'll be on it too.

Colleen Labow: So you need to know who from the NJ Water Companies, who's the person to contact there that says they need to redo the pipes.

Mr. Guenther: Wait. NJ Water Co. has nothing to do with sewer.

Mrs. Labow: No, no, no. I am just saying that they had said that they we're going to be doing their pipes, and that Abella said that it would be nice that if they we're going to do one, to do them at the same time. And I need to know who the State representative is?

Mr. Guenther: Who from the State made this, who is it? What's the name of the person.

Colleen Labow: The people are Charlie and Valerie Abella.

Mr. Guenther: What's their address?

Mrs. Labow: They're on Pine Grove. Number 9.

Mr. Guenther: I just talked to them and they said to me everything was fine.

Mrs. Labow: And then there was people on number 12 that we're upset. And then people across the street that we're upset.

President Rattner: Ok. We could talk about it all we want, but we can't get anything out of it.

Mrs. Labow: But you would need the names of the representative because they said they had the guys private phone number.

President Rattner: It's ok. We said just get the names and we'll have it. Just so you know the DEP signed off they inspected. To slope, and the asphalts, and they said it was ok. They said there was a certain range and it was within the range. On the minimum side, but there is a range. We also hired at a cost of what? 20 somewhat thousand dollars. R.B.A. They acknowledged that there could be a smell, and that it needs more maintenance and there we're certainly different things that need to be done. They gave us a check-off list and I believe the Administration was going through that. But they did not find that there was. We heard stories about the reverse slope, we heard about the septic not being in. And they all said that it is within. Now they said yea, maybe…
But the State did sign off on it. Not the design, but after it was built. And they came by. So.

Mrs. Labow: Ok. I just wanted to make sure.

Mr. Guenther: That's why it's important to know who from the State made these comments.

Mrs. Labow: Yea. They said they had the numbers.

Mr. Guenther: Somebody else, you know.

Mrs. Labow: Ok. Umm.

President Rattner: Thank you very much. Anybody else? Would the public like to address, the Council? Thank you. We'll close this public portion. This is final.

COUNCIL COMMENTS

Mr. Guenther: None at this time.

Mr. Sohl: Yes, I just like to make note that I believe tomorrow, the Ethics Committee is having a public hearing on the adoption or the proposed set of Ethics codes for Mount Olive. I've looked it. It mimics the State codes with two or three additions added to it. I believe that's at 7:30.

Mary Eckel: I believe the Mayor's conference room.

Mr. Sohl: That's not going to be big enough.

Ms. Eckel Well, we can always move it. That's where they usually meet. They usually meet there.

Mr. Sohl: Ok

President Rattner: Are you expecting that big of a crowd?

Mr. Sohl: No, I don't know but I think if your having a public hearing you got the means to...

President Rattner: See if there's nothing scheduled and why don't you just set them up in here. If there's nothing else scheduled, this way we can at least get any crowds that may come.

President Rattner: Thank you Mr. Sohl. Anything else? Ms. Kelly?

Charlene Kelly: Nothing at this time.

President Rattner: Mr. Spino?

Mr. Spino: Not at this time.

President Rattner: Mr. Scapicchio

Mr. Scapicchio: No Comments.

President Rattner: Well I am saying that the senior citizens had another party. One of their summer activities at the senior center. The Mayor, a couple if nine year olds in the area. The senior citizens we're just giving us compliments. We also got compliments on the beach, which sounds...We did get some people who did get up and tell us how we could do a better job. But we knew that was coming. It really was good, it was good. I haven't been to the beach. I've seen the people on there. People commenting on how much nicer that was, how the senior center is being used more, and that type of thing. So that always, you know always feels good when people say that. And so we're happy that it's being used.

President Rattner: With that. Are we adjourned? All in favor

All: I

President Rattner: Thank you everybody for coming.

Motion made for adjournment. All in Favor, none opposed. The Meeting was adjourned at 9:30 PM.


_______________________
Steven W. Rattner
Council President

I, LISA M LASHWAY, Township Clerk of the Township of Mount Olive do hereby certify that the foregoing Minutes is a true and correct copy of the Minutes approved at a legally convened meeting of the Mount Olive Township Council duly held on September 11, 2001.

________________________
LISA M. LASHWAY
Mount Olive Township Clerk

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Budd Lake, NJ 07828

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