Mount Olive Township Council Minutes
July 25, 2000

COUNCIL MINUTES JULY 25,2000

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

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

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

Absent: Mr. Sohl

Vice President Rattner: Mr. Sohl is out of Town this evening. I would also like to acknowledge the attendance of the Mayor, Paul Licitra; the Business Administrator, Sandy Kaplan; the Township Attorney, John Dorsey; Township Clerk, Lisa Lashway; and DPW Bob Casey.

PRESENTATION: Certificate of Appreciation - Debbie Swick Commendation - Michelle Armbrecht

Mayor Licitra: We did have a Certificate of Appreciation to be presented to Debbie Swick for the Clean-up 2000. She helped out an awful lot. Unfortunately, she works on Tuesday nights so she is unable to get here, but I wanted to recognize her and get it on to the Record. We have a commendation for one of our employees this evening, Michelle Ambrecht. It’s getting to be a habit with the Court System right now. It’s something that Mt. Olive should be very proud of, we have our people further their education, further themselves and show the Township is getting professional as it could be. But, Michelle has been an employee of Mt. Olive Township since 1987 with the Municipal Court System. She received a B.A. Degree from Rutgers University in 1983, she was hired in June 1987 as a Violations Clerk. In February, 1988, she received Certification as Deputy Court Administrator. In August, 1999 she was brought up to Assistant Court Administrator. As of June, 2000, she has successfully received Recertification, and has been given the Title of Certified Court Administrator. She continues to serve as Assistant Administrative Court Clerk for the Township. I have this Commendation. WHEREAS, Michelle Ambrecht has been an employee of Mt. Olive Township, and served a number of years in the Court System. WHEREAS, she has recently been appointed to serve as Deputy Court Administrator; and, WHEREAS, Judge Maenza was advised by way of letter from the State of New Jersey Municipal Court Administrator Certification Board on June 23, 2000 that Ms. Ambrecht had received the Certification as a Certified Deputy Court Administrator. NOW, THEREFORE, BE IT RESOLVED, by the Mayor of the Township of Mt. Olive that he wishes to extend congratulations to Ms. Ambrecht on attaining the necessary Certification and wish her well in pursuit of her duties as Deputy Court Administrator.

Ms. Ambrecht: Thank you very much, I really appreciate this.

ADMINISTRATIVE REPORTS - Crown Tower Estates

Mrs. Kathleen Murphy (Grants Coordinator): The Morris County Open Space Applications are due this week. This year Mt. Olive is not submitting a proposal of its own. However, in light of the concern over Crown Tower, a number of residents have asked the Town for service. The Council has already passed a resolution asking the State to look into acquiring this property. There is interest by a nonprofit who is working to proceed and make an application to the Morris County Open Space Trust Fund to see if they can pursue Crown Towers. At this time, they will make the application and we’ll see where it goes. Part of the reason for this was to allow the Planning Board to do what they have to do as far as the application. As you know, an application is before the Planning Board and as long as this development conforms with local ordinances, it will probably proceed and obtain approvals. This will allow the Planning Board to proceed without jeopardy and at the same time, the nonprofit can see what they can do to pursue the wishes of the public. So we are going to let that application go forward and we’ll see what happens. We have a lot of support from residents and from environmental groups. If the public has any questions or comments, they can contact me. I will be sending in the letters of support that the public has already addressed to the Council and copies of prior Minutes from Public Meetings where residents have spoken on this issue.

Mr. Spino: I just wanted to say thank you to Kathy and the members of the Open Space Committee, including Laura Szwak, who helped this program or is in the process getting it started. I hope it comes to a positive conclusion.

Mrs. Murphy: Hopefully everyone will walk away with something that will make them happy. Thank you.

LEGAL REPORTS NONE

APPROVAL OF MINUTES OF PREVIOUS MEETINGS:

January 11, 2000 Present: Mr. Heymann, Mr. Scapicchio, Mrs. Kelly, Mr. Spino, Mr. Rattner, President Sohl

July 11, 2000 CS Present: Mr. Scapicchio, Mrs. Kelly, Mr. Spino, Mr. Rattner, President Sohl Absent: Mr. Heymann, Mr. Guenther

Mr. Heymann moved for approval of the Minutes Mr. Spino seconded the motion.

ROLL CALL: Passed by the majority, Exceptions: Mr. Heymann and Mr. Guenther ABSTAINED on July 11, 2000.

CORRESPONDENCE

Letters From Residents


1. Letter received July 12, 2000, from Stan Roedel regarding Mt. Olive Open Space Referendum.


School Correspondence

Resolutions, Ordinances, Correspondence from other Towns

1. Resolution received July 10, 2000, from Morris County Board of Chosen Freeholders regarding Preliminary Adoption of the Byram Township Wastewater Plan Amendment and Amendment to the Sussex County Water Quality Management Plan.

2. Resolution received July 10, 2000, from the Morris County Board of Chosen Freeholders regarding Preliminary Adoption of the Musconetcong Sewerage Authority Wastewater Plan Amendment and Amendment to the Sussex County Water Quality Management Plan.

3. Ordinance received July 11, 2000, from the Township of Roxbury regarding Land Use.

4. Resolution received July 19, 2000, from Hackettstown regarding Regional Efficiency Development Incentive (REDI) Program.

5. Resolution received July 19, 2000, from the Borough of Lincoln Park regarding Support of Senate Bill S-5 which supports the proposed Conservation Action Fund.

6. Resolution received July 20, 2000, from the Borough of Lincoln Park regarding Release of $7 million in available Funding.

League of Municipalities

DOT/DEP/Permits - LOI’s

7. Letter received July 10, 2000, from the State of New Jersey, Department of Environmental Protection regarding the Governor’s Ninth Annual Surf Fishing Tournament.

8. Letter received July 11, 2000, from the State of New Jersey, Department of Transportation regarding Subtitle One of Title 39 With Various Traffic Regulations Sutton Plaza Shopping Center.

9. Letter received July 12, 2000, from the State of New Jersey, Department of Environmental Protection regarding a Letter of Interpretation /Line Verification, Applicant: Albin Zator, Block 2602; Lot 1 (#1 Thirty Second Street, Budd Lake, Vacant Land)

Correspondence from Organizations/Committees/Boards

10. Letter received July 13, 2000, from the New Jersey Low-Level Radioactive Waste Disposal Facility Siting Board regarding the appropriate disposal of waste.

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

11. Summons received July 10, 2000, from Casha, Casha, & Schepis regarding Roeland Enterprises, Inc., Arnold Roeland, Individually, and Campus Walnut Association, LLC v. The Borough of Rockaway.

Land Use/Development Matters

12. Letter received July 17, 2000, from Schenck, Price, Smith & King, LLP regarding a Transition Area Waiver - Averaging Plan Approval - Applicant Dry Creek Builders. (Mt. Olive Chester Border)

COAH

CORRESPONDENCE FROM CABLE NETWORKS/UTILITIES

13. Letter received July 11, 2000, from Comcast regarding several upcoming events.

Correspondence from Legislative Representatives

14. Letter received July 19, 2000, from Assemblyman Gregg regarding a reception to welcome Assembly Speaker Jack Collins.

Notices

15. Notice received July 14, 2000, from the Township of Roxbury regarding Planning Board Public Hearing regarding amendment to the Land Use Plan.

16. Notice received July 14, 2000, from the Township of Mount Olive regarding a Planning Board Public Hearing regarding amendment to the Land Use Plan.

17. Notice received July 17, 2000, from the Township of Roxbury regarding a Planning Board Public Hearing regarding amendment to the Land Use Plan.

18. Notice received July 17, 2000, from the Township of Allamuchy Planning Board regarding a Public Hearing regarding amendment to the Land Use Plan.

Vice President Rattner stated that we had received 19 items of correspondence and asked Council if there were any comments on same.

ORDINANCES FOR PUBLIC HEARING

Ord. #22-2000 An Ordinance of the Township Council of the Township of Mount Olive Authorizing an Emergency Appropriation in Accordance with N.J.S.A. 40A:4-53 for the Engagement of Special Consultants for the Revision of Various Components of the Master Plan of the Township to Conform to the Planning Laws of the State of New Jersey.

Vice President Rattner opened the Public Hearing on Ord. #22-2000

Vice President Rattner closed the Public Hearing on Ord. #22-2000

Mr. Heymann moved for Adoption and Final Passage on Ord. #22-2000 and Mr. Scapicchio seconded the motion.

ROLL CALL: Passed Unanimously

Vice President Rattner declared Ord. #22-00 as Passed on Second Reading.

Ord. #23-2000 An Ordinance of the Township of Mount Olive to Amend and Supplement the Mount Olive Township Land Use Ordinance and the Township’s Zoning Map to Effectuate a Rezoning of Certain Lands.

Vice President Rattner opened the Public Hearing on Ord. #23-2000

Vice President Rattner closed the Public Hearing on Ord. #23-2000

Mr. Guenther moved for Adoption and Final Passage on Ord. #23-2000 and Mr. Heymann seconded the motion.

ROLL CALL: Passed Unanimously

Vice President Rattner declared Ord. #23-2000 as Passed on Second Reading.

Ord. #24-2000 Bond Ordinance Providing for Various Capital Improvements of the Township of Mount Olive, in the County of Morris, New Jersey, Appropriating the Aggregate Amount of $888,500 Therefor and Authorizing the Issuance of $844,075 Bonds or Notes of the Township to Finance Part of the Cost Thereof. (2000 Capital Ordinance)

Vice President Rattner opened the Public Hearing on Ord. #24-2000

Vice President Rattner closed the Public Hearing on Ord. #24-2000

Mr. Scapicchio moved for Adoption and Final Passage on Ord. #24-2000 and Mr. Heymann seconded the motion.

ROLL CALL: Passed Unanimously

Vice President Rattner declared Ord. #24-2000 as Passed on Second Reading.

Ord. #25-2000 An Ordinance of the Township Council of the Township of Mount Olive Establishing Salaries of the Department Heads and for the Employees of the Township Clerk’s Office for the Year 2000.

Vice President Rattner opened the Public Hearing on Ord. #25-2000

Vice President Rattner closed the Public Hearing on Ord. #25-2000

Mrs. Kelly moved for Adoption and Final Passage on Ord. #25-2000 and Mr. Guenther seconded the motion.

ROLL CALL: Passed Unanimously

Vice President Rattner declared Ord. #25-2000 as Passed on Second Reading.

ORDINANCES FOR FIRST READING

Ord. 28-2000 An Ordinance of the Township of Mount Olive Amending and Supplementing Chapter 113 Entitled “Ethics, Code Of” Of the Mount Olive Township Code.

Mr. Spino moved that Ord. #28-2000 be introduced by title and passed on First Reading and that it be scheduled for Adoption after a Public Hearing on August 22, 2000 at 7:30 p.m. Mr. Scapicchio seconded the Motion.

Mayor Licitra: I want to address something that I probably should have addressed a while ago, but I want to make sure it’s clarified. Mr. Bonte came up and asked me a question about a month ago when we were talking about a Risk Manager. He asked me if I had any personal dealings or relationship with them. I turned to John (Dorsey) and said, “Do I have to answer that?” My first blush was the fact that I’m involved in a lot of things with the Township, and a lot of contracts. I know my Oath of Office, and I know what’s a conflict and what isn’t a conflict. I have no problem with it. And I did explain this to a couple of people, but I absolutely have no dealings with the person in question, which is Spectrum Insurance. So, I’ll put that to rest because it seems like some dirty minds are working over-time. But that’s okay, this is politics. I’m a big boy. Let me tell you something–I told the Council this, and I just want to make sure the Public understands it. I completely remove myself from the insurance questions in this Township. Is it right? I don’t know. I mean, I have 33 years of experience with insurance, and I could probably answer most questions, and I think that’s when people bring their expertise to the Township. I can see how, sometimes it can be construed sometimes, maybe you used your influences, which isn’t true. But, we have three Brokers on the Insurance Committee. I think it’s probably one of the few in New Jersey that has that. They were interviewing buying the insurance team, as I put it over here, was Bob Casey, now it’s Sandy (Kaplan) and it was Shelly (Koopman). And we have three people with over 90 years of experience in the Public Entity area. And, I don’t even answer every question on insurance. In fact, I avoid the questions and I usually walk out of the room. Sandy is in charge of the Committee and he handles all the questions about the insurance. So, I take myself out. Like I said, this is “politics.” There will come a point in time, you give a person enough rope, they’ll hang themselves. So, at this point, I am very, very content. I know what my role is, I know what my conflicts are, I know what my ethics are. And as far as John (Dorsey) and myself, I have Opinions from Attorneys, and people all over the State that there is no conflict between John and myself being on the Board of Directors for a company–that isn’t writing any business so far. But, I’m very content–if somebody could prove that there is a conflict, John and myself–one of us would step down. But there is no conflict according to the opinions that I have. So, those are two questions that I’m answering. Mr. Bonte, as far as the answer you were looking for, I probably should have answered you when you asked, but I guess my Italian was up at that point, and I felt that I did take my Oath of Office, and if there is a conflict, I would step down as I’ve done many, many times. And for the dirty minds, they’ll get dirtier, but, they better watch themselves. Thank you very much.

Vice President Rattner: Thank you, Mayor. Any other comments on this Ordinance?

ROLL CALL: Passed Unanimously

Ord. 29-2000 An Ordinance of the Township of Mount Olive To Revise the Township Zoning Map to Reflect a New Professional/Commercial Zone District and to Amend and Supplement Chapter 400 Entitled “Land Use” to Reflect the Permitted Uses and Development Regulations of the New Professional/Commercial Zone District to Rezone Certain Lands from C-1 to Professional Business (P.B.) (Rezoning of Route 46)

Mr. Heymann moved that Ord. #29-2000 be introduced by title and passed on First Reading and that it be scheduled for Adoption after a Public Hearing on August 22, 2000 at 7:30 p.m. Mr. Guenther seconded the Motion.

ROLL CALL: Passed Unanimously

CONSENT RESOLUTIONS AGENDA:

Resolutions on the Consent Agenda List are considered to be routine and non-controversial by the Township Council and will be approved by one motion (one vote). There will be no separate discussion or debate on each of these resolutions except for the possibility of brief clarifying statements which may be offered. If one or more Council member requests, any individual resolution on the Consent Agenda may be removed from the Consent Agenda List and acted on separately.

1. Resolution of the Township Council of the Township of Mount Olive Authorizing the Execution of a Developer’s Agreement between the Township and the New Jersey Foreign Trade Zone Venture Relative to Preliminary Site Plan Approval. (ITC South)

2. Resolution of the Township Council of the Township of Mount Olive Authorizing the Execution of a Developer’s Agreement between the Township and The New Jersey Foreign Trade Zone Venture Relative to Final Major Subdivision Approval. (ITC South)

3. Resolution of the Township Council of the Township of Mount Olive Authorizing the Execution of an Agreement Entitled “Road Construction Agreement” Between the Township and New Jersey Foreign Trade Zone Venture.

1. Resolution of the Township Council of the Township of Mount Olive Adopting and Authorizing the Personnel Handbook for the Township.

1. Resolution of the Township Council of the Township of Mount Olive Authorizing the Execution of a Developer’s Agreement Between the Township and Eric and Barbara Kottman. (Starr St. & Connolley)

2. Resolution of the Township Council of the Township of Mount Olive Granting a One Year Extension to Tri Maintenance & Contractors for Maintenance at the Township’s Municipal Complex.

3. Resolution of the Township Council of the Township of Mount Olive Requesting a Binding Referendum of the General Election Ballot for 2000 Relative to the Township’s Open Space Tax.

4. Resolution of the Township Council of the Township of Mount Olive Establishing Salaries for 2000 for Supervisory and Certain Non-Union Personnel.

5. Resolution of the Township of Mount Olive Authorizing Acceptance of a Cash Management Plan as Prepared by the Director of Finance/Chief Financial Officer/Treasurer.

6. Resolution of the Township Council of the Township of Mount Olive Authorizing a Resolution to the Administrative Order Issued by NJDEP. (Budd Lake Sewer Spill)

7. Resolution of the Township Council of the Township of Mount Olive to Extend the Grace Period for Payment of August 2000 Quarterly Tax Bills to August 18, 2000.

8. 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 2000 Municipal Budget ($29,000 for REDI Grant).

9. Resolution of the Township of Mount Olive Authorizing the Acceptance of Credit Card Payments for Municipal Court Fees in Accordance with the Provisions of NJAS 5:30-9.1 et. seq.

10. 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 2000 Municipal Budget ($1,000 for a Dope Open Grant).

11. Resolution of the Township Council of the Township of Mount Olive to Foreclose In Rem a Certificate Held by The Township of Mount Olive. (Combe Fill North)

Mr. Guenther moved for approval of the Consent Resolutions and Mr. Heymann seconded the motion.

Vice President Rattner: Is there anyone from the Public who would like to address the Consent Resolutions?

Mr. Bonte: On #15, is this the old Combe Fill site?

Mr. Dorsey: Yes.

Mr. Bonte: Can you tell me a little about this?

Mr. Dorsey: We actually acquired Title rather than collect $500,000.

Mr. Bonte: Okay, because I saw it in the newspaper and I know it hasn’t been discussed here.

Mr. Dorsey: Well, it had been discussed, but without any detail because nothing has been decided.

Mr. Bonte: What liability does the Township assume–

Mr. Dorsey: The Township assumes no liability because there’s a very specific Statute, under which a Municipality acquires Title to Tax Foreclosure assumes no environmental liability on a site that has been remediated.

Mr. Bonte: Who does the liability fall upon?

Mr. Dorsey: Liability remains where it is, at the moment, with about 60 different entities having been sued by both the Federal Government–that suit was resolved about a year and a half ago; and by the State Government, and that suit is about to be resolved with the payment of millions of dollars.

Mr. Bonte: So, if we foreclose on this property, we will never ever have any liability for any of the environmental issues that took place prior to the date we took ownership of the property?

Mr. Dorsey: That’s right.

Mr. Bonte: For all time?

Mr. Dorsey: That’s right.

Mr. Bonte: What do you do with this property?

Mr. Dorsey: Well, it’s really not part of the discussion tonight, but the answer is, we might collect $500,000 in back taxes, and there are a series of examples where this kind of property has been redeveloped as “brown fields” and in many instances there have been significant contributions from the State of New Jersey as Grants for the re-development of the site. Re-development of the site, of course, would take place within the parameters of the remediation that has already occurred, and you would not destroy the remediation, you might add to the remediation, for instance, there are instances where golf courses, etc. have been put on such property.

Vice President Rattner: Is there anyone else who would like to address the Consent Resolutions?

ROLL CALL: Passed unanimously

MOTIONS

1. Bill List. ATTACHED

Mr. Scapicchio moved for approval of the Bills and Mr. Heymann seconded the motion.

ROLL CALL: Passed unanimously

2. Approval of Raffle Application #951 for St. Elizabeth Ann Seton, and Raffle Application #952 for Mount Olive High School Music Boosters.

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

ROLL CALL: Passed unanimously

COUNCIL REPORTS: NONE

PUBLIC PORTION

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

**Public Microphone inaudible. Synopsis of discussion.

Resident, Sandshore Road: Requested Township to remove Budd Lake Sewer Assessment on property--was unable to refinance home due to the Assessment. Mortgage company denied mortgage because of Assessment. Is there any other way to collect these funds without placing a “lien” on property?

Mr. Heymann: John, would it be possible if we could subordinate the Assessment?

Mr. Dorsey: If you proceed forward with this question to Ms. Jenkins our CFO; or Ms. Robinson, our Tax Collector, they will tell you that there are any number of banks who have simply refinanced, and simply let the homeowner pay that over 15 years. Your bank is taking an unusual position, and I think before we go any further–because we had this discussion with the CFO and the Tax Collector about subordinations, they absolutely oppose subordinations. I don’t even know that your bank would accept a subordination. But we do know that there are any number of banks who have not required the lien to be paid off.

Resident: Question is not about “subordination” question is, does the lien have to be reflected?

Mr. Dorsey: Yes, it does.

Resident: Township would still get first priority if taxes aren’t paid.

Mr. Dorsey: Because it is not a “tax’ in the statutory sense, or in the common sense that the word “tax” is used. And if the lien is taken off, then there is no Public Record of the amount of money being owed. That’s the effect of placing an Assessment, and having a lien.

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

Mr. Roedel: Country Club Estates Sewer stench. RBA Report.

Mr. Dorsey: It’s been reviewed by Mr. Buczynski, Township Engineer; Mr. Melco, in the Water & Sewer Department; and Mr. Casey.

Mr. Roedel: The smell is still evident. The Report makes recommendations.

Vice President Rattner: I ride by there often, and the odor isn’t that bad. What time of the day are you talking about–we’re still trying to break it down. If you would call me when the odor is present, I’ll come–we’re trying to keep track and remediate this problem. What time? 5:30, 6:00pm? All right, I’ll be there. Is there anyone else from the Public?

Mrs. Joyce McMahon: Thanked Council for action taken with regard to initial complaint of Building Department. Would like to know where it stands now. The Permits and checks and balances and drainage problems that exist in the area. The vacant lots that are available an could possibly be built on under current conditions. What is the Town doing about it.

Mayor Licitra: We’ve come a long way in the past year dealing with a problem that has existed for over 20 years. We’re still investigating possibilities–if purchasing these parcels is an option, or what restraints could be put on the property to insure proper drainage and alleviate the run-off on to the surrounding properties.

Mr. Bonte: Reiterated concerns for sewage odor, Country Club Estates; Drainage problems, Country Club Estates; Concern over Ethics Ordinance.

COUNCIL COMMENTS

Mr. Scapicchio: I just want to clarify my position on the Ethics Code, and correct a misstatement, I think, Mr. Bonte made. The change in the Ethics Code was not made because somebody’s ethics in the Municipality was questioned. The Ethics Code was changed because Mr. Bonte brought to our attention a flaw in an Ordinance that was adopted six years ago. It is my personal opinion, after thinking very seriously about it that an Ethics Board within the Township of Mt. Olive, no matter what the decision was, would always be suspect. And it seems very clear to me the only way to take that suspicion away from any potential conflict, and/or decision would be to send it off to a Board made of people that have absolutely no contact or knowledge of any of the players involved. Thank you.

Mrs. Kelly: I had asked about a month ago for our Buildings & Grounds to take an inventory of what is in the building over at Turkeybrook. I think it’s important to take an inventory. There could be flammable containers in there–I want to know what’s in that garage. We’ve owned that property since March of 1996, and nobody knows what’s in that garage.

Vice President Rattner: Any other Council Comments? All right, we’re going to adjourn this meeting and then go directly into our workshop meeting.

Motion made for adjournment. All in Favor, None Opposed. The Meeting was adjourned 9:30pm.

______________________

William H. Sohl

Council President

I, LISA M. LASHWAY, Township Clerk of the Township of Mount Olive do hereby certify that the foregoing Minutes is a true and correct copy of the Minutes approved at a legally convened meeting of the Mount Olive Township Council duly held on October 24, 2000.

________________________

LISA M. LASHWAY

Mount Olive Township Clerk

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

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

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

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


 

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