Mount Olive Township Council Minutes
June 13, 2000

MINUTES – June 13, 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 (8:10), Mr. Guenther, Mr. Scapicchio, Mrs. Kelly, Mr. Spino, Mr. Rattner, President Sohl

President Sohl: Let me note for the Record, Mr. Heymann has notified us that his son is at a baseball game today. Hopefully, they will win. I would also like to acknowledge the attendance of the Mayor, Paul Licitra; the new Business Administrator, Sandy Kaplan; now, new Part-time DPW Director, Bob Casey; Township Attorneys, John Dorsey and Peter King; Township Clerk, Lisa Lashway; and CFO, Sherry Jenkins. The Mayor has a couple of Presentations this evening.

Presentations: Presentation of Time Capsule to MOHS Students

Mayor Licitra: I floated an idea to the then Junior Class saying, “You know what we could use in the Year 2000? It would be nice if we had something that you people could remember–because I know you have reunions–when you come back in 25 or 30 years or even 50 years” First I told Donna if she wanted to open this in 50 years that she promised me I’d be alive to see it. So, that’s the first thing. It was just an idea, and they took it. They went and badgered Ms. Rocco, and she put it together. And I appreciate all your assistance. And I will now hand this over to Jamie Daggon to tell us what they have here.

Miss Daggon: First I would like to introduce everybody up here. Our two advisors, Ms. Donna Rocco and Ms. Kelly Galligan. Our Treasurer T.J. Durkin, and co-Secretaries Jana Abels and Doug Fedich. Our President, Chad Costello and Vice President Steve Roberts couldn’t be here tonight because they have a Track Banquet. The Mt. Olive Senior Class in collaboration with the elementary schools and the Mt. Olive Pride Committee have put together a Time Capsule to be opened in 50 years. Students were asked to write or draw pictures about what kids do for fun in the Year 2000. Seniors were asked to donate pictures and stories about the High School and current events. We hope that future generations will be able to open this time capsule and get a glimpse of the past to see that common bond that all children and adolescents have. We also hope that some of us will still live in the Town to see this Time Capsule opened. So, now the Class of 2000 at Mt. Olive would like to present the Town Council, Mayor and Community with a Time Capsule to be opened in 50 years. We’re keeping it opened for a little while longer just in case anybody else wants to make any donations to it, and then we’ll bury it some time this summer.

Mayor Licitra: Thank you.

Mt. Olive Basketball Assn. & Mt. Olive Jr. Wrestling Association Ray Perkins/Pride Committee

Mr. Perkins, Chairman, Mt. Olive Pride Committee: About a year and a half ago, we started this Program at the Mayor’s request, and I have made it one of my passions. I think one of the greatest things the Township does with the Administration as well as the Council is to recognize the accomplishments of the Youth in this Township. They’re the ones that wear the name “Mt. Olive” on their uniforms, they’re the ones that travel around, they are the ambassadors for this Township. So, I would like to present these certificates–for Basketball--Senior Girls League: Laura Dickson, Sarah Fetterman, Jami-Lynn Ghetti, Melanie Iacobino, Sarah Kamenetsky, Kristin Morris, Nicole Ouimet, Jennifer Slegona, Mary Sweeney. Next is the Junior Girls League: Laura Baldwin, Lauren DeBaene, Maureen Dutton, Amanda Gold, Kelly Grossberndt, Sonam Shah, Lindsay Stein, Allison Thoren, and Sheaba Varghese. Next the Continental League: Kevin Cantor, Michael Dondona, Brandon Goldberg, Kevin Gonzalez, Keith Greisser, Daniel Kamenetsky, Daniel Lance, Douglas Nelson Sebastian Roque. And the members of the Pro League: Kevin Casse, Marvin Comick, Angelo Diana, Sujal Gandhi, Kenneth Glinski, Matt Koza, Lupco Paskoski, Eugene Zittel. The next group of Awards will be presented to the wrestlers: Thomas Picillo, William Mauro, Kyle Hopler, Chris Hoyt, and Justin Vetrini.

President Sohl: We will take a five minute Recess. Meeting Reconvened.

ADMINISTRATIVE REPORTS: NONE

LEGAL REPORTS: NONE

APPROVAL OF MINUTES OF PREVIOUS MEETINGS:

May 23, 2000, CS (Present: Mr. Sohl, Mrs. Kelly, Mr. Spino, Mr. Rattner, Mr. Guenther, Mr. Scapicchio; Absent: None)

May 9, 2000 (Present: Mr. Heymann, Mr. Guenther (8:30pm), Mr. Scapicchio, Mrs. Kelly, Mr. Spino, Mr. Rattner, President Sohl; Absent: None)

Mrs. Kelly moved for approval of the Minutes and Mr. Spino seconded the Motion.

ROLL CALL: Passed Unanimously

CORRESPONDENCE

Letters From Residents

1. Letter received June 2, 2000 from Andrew & Christine Dowd regarding Crown Tower Estates.

School Correspondence

Resolutions, Ordinances, Correspondence from other Towns

2. Resolution received May 22, 2000, from the Borough of Chatham regarding “ Municipal Development Impact Fee.”

3. Resolution received May 24, 2000, from the Township of East Hanover regarding State Appropriation of Funding for Recycling Grant Program.

4. Resolution received May 24, 2000, from the Township of East Hanover opposing changes in Medicare Reimbursement for Advanced Life Saving and Basic Life Saving Units.

5. Letter received May 25, 2000 from the Township of Monroe regarding a Short History of Municipal Energy Aggregation in New Jersey.

6. Resolution received May 26, 2000, from Parsippany-Troy Hills supporting Assembly No. 1282, which authorizes Municipalities to impose room tax on Hotels with more than 100 guest rooms.

7. Ordinance received May 26, 2000, from the Township of Washington amending their Land Use Ordinance.

8. Ordinance received May 26, 2000 from Allamuchy Township amending the Land Development Ordinance.

9. Ordinance received May 26, 2000 from Allamuchy Township amending their Land Use Ordinance.

10. Ordinance received June 5, 2000 from Washington Township amending their Land Use Ordinance.

11. Resolution received June 7, 2000 from the Borough of Chatham supporting ACS 1848 regarding trash collection from apartments and condos.

League of Municipalities

2. Legislative Bulletin received May 31, 2000 from New Jersey State League of Municipalities regarding Bills that were enacted as the Public Laws of 2000.

3. Letter received June 2, 2000 from New Jersey State League of Municipalities regarding Special joint League Committee Questionnaire with respect to local property taxes.

4. Letter received June 2, 2000 from New Jersey State League of Municipalities regarding Conference Hotel Reservations Letter.

5. Letter received June 2, 2000 from New Jersey State League of Municipalities regarding Conference Hotel Reservations Letter,

DOT/DEP/Permits

2. Letter received May 19, 2000, from State of New Jersey, DEP, Land Use Regulation Program regarding authorization for Freshwater Wetlands Statewide General Permit, Water Quality Certification and Waiver of Transition Area for Access. Block 403, Lot 7, Rockefeller Group. File No. 1427-99-0010.3 (330 Waterloo Valley Road)

3. Letter received May 19, 2000, from State of New Jersey, DEP, Land Use Regulation Program regarding authorization for Freshwater Wetlands Statewide General Permit, Water Quality Certification and Waiver of Transition Area for Access. Block 403, Lot 7, Rockefeller Group. File No. 1427-99-0010.4 (330 Waterloo Valley Road)

4. Letter received May 19, 2000, from State of New Jersey, DEP, Land Use Regulation Program Regarding authorization for Freshwater Wetlands Statewide General Permit, Water Quality Certification and Waiver of Transition Area for Access. Block 403, Lot 7, Rockefeller Group. File No. 1427-99-0010.5 (330 Waterloo Valley Road)

5. Letter received May 19, 2000, from State of New Jersey, DEP, Land Use Regulation Program Regarding authorization for Freshwater Wetlands Statewide General Permit, Water Quality Certification and Waiver of Transition Area for Access. Block 403, Lot 7, Rockefeller Group. File No. 1427-99-0010.6 (330 Waterloo Valley Road)

6. Letter received May 19, 2000, from State of New Jersey, DEP, Land Use Regulation Program Regarding LOI, West King Estates, Inc. Block 8100, Lot. 61.File No. 1427-99-0017.2

7. Public Notice received May 22, 2000, from New Jersey Foreign Trade Zone Venture regarding an application for development.

8. Annual Data Book, 2000, received May 23, 2000 from County of Morris, Department of Planning & Development.

9. LOI/Line Verification received, May 26, 2000, Dara Estates, Block 4600, Lots 6 & 10, File No. 1227-92-0015.7

10. Letter received June 2, 2000 from State of New Jersey, Division of Alcoholic Beverage Control, Regarding Request for Special Ruling to Permit renewal of inactive License pursuant to N.J.S.A. 33:1-12:39, held by Michael Monaghan.

11. LOI received June 5, 2000 Regarding Dara Estates, Block 4600, Lots 6 & 10. File 1427-92-0015.7

Correspondence from Organizations/Committees/Boards

2. Minutes of the May 10, 2000, Meeting of the Musconetcong Sewerage Authority received June 9, 2000.

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

2. Notice received May 23, 2000 from Superior Court of New Jersey, Notice of Class Action #2. (Customers of GPU Energy.)

2. Notice of Class Action received May 22, 2000, from GPU.

Land Use/Development Matters

2. Notice of Application received June 1, 2000 from Washington Township MUA, to divert water from 4 new wells, 12 existing wells and one spring in the Township of Washington.

3. Notice received June 2, 2000, from K. Hovnanian North Central Acquisitions L.L.C. has applied to the Planning Board of the Town of Hackettstown requesting (a) Minor subdivision of the lot presently identified as Block 119, Lot 82 102 Seber Road, Hackettstown, (b) a variance from section of Hackettstown Ord. (c) design waivers.

COAH

2. Newsletter received May 26, 2000 from COAH.

Correspondence from Cable Networks/Utilities

2. Letter received May 22, 2000, from Cablevision regarding a reorganization.

3. Notice received May 26, 2000 from NJN News regarding Coverage of the Primary Election.

4. Letter received June 7, 2000 from Comcast, list of current events.

Correspondence from Legislative Representatives

Notices

President Sohl stated that we had received 34 items of correspondence and asked Council if there were any comments on same.

ORDINANCES FOR PUBLIC HEARING

Ord. #17-2000 An Ordinance of the Township of Mount Olive Renaming International Drive to International Drive North.

President Sohl opened the Public Hearing on Ord. #17-2000

President Sohl closed the Public Hearing on Ord. #17-2000

Mr. Rattner moved for Adoption and Final Passage on Ord. #17-2000 and Mr. Scapicchio seconded the motion.

ROLL CALL: Passed Unanimously

President Sohl declared Ord. 17-2000 as Passed on Second Reading.

ORDINANCES FOR FIRST READING

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

Mr. Guenther moved that Ord. #21 2000 be introduced by title and passed on First Reading and that it be scheduled for Adoption after a Public Hearing on July 11, 2000 1998 at 7:30 p.m. Mr. Rattner 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.

President Sohl: We have on the Consent Resolution Agenda tonight, a total of 14 Resolutions exclusive of #4, which has been taken off. Is there anyone from the Public who would like to address any of the Consent Resolutions?

Mr. Bonte: I have a question on #14. The Fireworks display–is that a Township function?

President Sohl: No. Well, it’s one of the things we have to do–it involves police activity.

Mr. Bonte: And it’s necessary? What fireworks are these?

President Sohl: The same ones that we had last year–the Boathouse–

Mr. Bonte: The Boathouse–by a private restaurant?

President Sohl: Correct.

Mr. Bonte: It’s necessary to close–or restrict parking on all these public streets as a result of that?

President Sohl: That’s the opinion we have from the Police Department. Chief Katona and Lieutenant Agens.

Mr. Bonte: Should a private business be allowed to entertain an activity that causes this kind of disruption in the Township? Where are people supposed to park that may want to go view this?

Mrs. Kelly: Well, there are several pages where they just park on one side of the street–a lot is just restrictions to one side–

Mr. Bonte: Yes–those streets are pretty far from even just having visibility of the lake. I don’t understand the enormity of the number of streets that are closed. For example, Waterloo Road. Waterloo Road is a fair distance from being able to visibly see what’s going on at the Lake.

President Sohl: It’s right off Netcong Road.

Mr. Bonte: Well, my question is, who is this display for? How are the residents in Town going to able to even get to see it if they can’t park within a mile of it.

Mr. Rattner: Rich, last year, without any advertising or anything else, they put this on for the benefit of anybody and everybody in Town. About 2500 people showed up. This year, they expect more. The Township wanted to assist them because they think it is a good idea to have a Township Fireworks. The Boathouse was willing to pay for it and on advise from our Risk Manager, was told that we should have–if we didn’t actually sponsor the fireworks, then we could limit our liability. So, basically, what’s happening, this is fireworks that the Town thinks is a good idea for the benefit primarily of the people in Town, but it’s going to be completely paid for by that business, and I think, maybe a couple of others. And, by doing it this way, by saying that they have to put up the entire cost and they’re putting it on, we’re limiting our liability. But the Town has to be concerned about–and I know the Mayor has been running around like crazy with all his Department Heads for the last couple of weeks–if we get as many people we think are going to be walking down from the other side of Route 46–how can we safely have that many people, mostly Township residents, watching the fireworks. So, it really is a joint type of operation. But the way it’s being worded is it’s being, it’s being sponsored by the businesses, since they’re funding the costs, and that’s limiting our liability.

Mr. Bonte: I understand that, Steve. But you’ve basically restricted parking on streets that are–some of them are mile away.

Mr. Guenther: Rich, I think the purpose behind that–a consultation with the Police Department is to permit emergency vehicles to come through in case there is an emergency. So, you want to restrict–some of these narrow streets, you don’t want them to park on both sides of the street where emergency vehicles cannot get through if they had to.

Mr. Bonte: So where do people–how are all these people then going to see this? And where are they going to park?

Mr. Guenther: On one side of the street they can park, not on both sides.

Mr. Bonte: It doesn’t look like a good plan to me. And I presume all these streets are going to be posted? That 24 hours before the event every one of these streets on this list–

President Sohl: That’s correct.

Mr. Scapicchio: Bill, is this a requirement of the Police Department?

President Sohl: Yes. That’s their recommendation.

Mr. Rattner: And justifiably approved by the Mayor. The Mayor has had a couple of meetings with every Department Head–the Recreation Department, the businesses involved. Bill (Sohl) and I have been representatives of the Council because the Town is very concerned about having the safety of the residents–not just for the people that are going to walk down–but also the people that are going to be driving by, the people that are going to be crossing Route 46. We don’t know how many people are going to come. The Police Department put a recommendation, and I believe even that was toned down a little bit when they tried getting a better handle on the numbers. But we expect if it’s nice weather, we’re going to get this whole side of Town, and people from the other side because there were some advertisements in the school. People are going to come and watch the fireworks over the Lake.

Mr. Bonte: And where are they going to watch them from, Steve?

Mr. Dorsey: Sandshore Road.

Mr. Rattner: Sandshore Road, which is going to be closed so that people–

Mr. Bonte: Sandshore Road is going to be closed?

Mr. Rattner: Yes–from Netcong Road–the parade route–

President Sohl: Not where you are. From the intersection of Netcong Road and Sandshore–

Mr. Rattner: We’re trying to–the Town is trying to get a Lane Closure Permit for Route 46–for one of the lanes like we do at the Parade–we’re going to have police at a couple of different areas–at Woodsedge, at the Municipal Building, and I believe at Abiding Peace so people coming down Route 46 can cross safely–that includes equipment, lights. It actually ends up to be a fairly large project. The Administration has been working a couple weeks on it.

Mr. Bonte: Well, I see that it’s a fairly large project. I guess my question is, if all these streets have–there must be 40 or 50 streets here that only have one side of the street parking, and a bunch of other streets that are going to be completely closed to parking. It’s almost a contradiction. Then how can all these people go to see this if they can’t park within a reasonable walking distance of it?

Mr. Guenther: Well, there’s also a large population in the immediate area of the streets where the parking is restricted. If they can park on one side of the street, I think there’s plenty of parking space. We’re not attracting tens of thousands of people from out of area. I don’t think that’s the–

Mr. Bonte: Well, I would think that people driving by will want to see this.

President Sohl: Let me try to sum this up, Rich. This was something that was done last year. I, personally, was not here to see it. I know everyone in my neighborhood–and I live in that neighborhood, thoroughly enjoyed–those that were here–I was away on vacation. We have no information as to what happened last year other than we know there was no preparation made last year.

Mr. Bonte: I know. I was here last year, and I parked on Route 46 on the shoulder.

President Sohl: Okay. Well, in any case, that being the case, we tried to take a responsible approach towards making this happen in a safe, sane–you know, all the proper buzz words that go with that. We have already planned to have a “debriefing” in a relatively quick period of time after that to find out–you may be absolutely right, this may be overkill. I don’t know. But we don’t have any records, either, from last year to go back. The Administration last year left us nothing.

Mr. Bonte: Is the Municipal Beach going to be open like it was last year?

President Sohl: Yes, I think. Right, Mayor?

Mayor Licitra: Yes.

Mr. Bonte: For the Public?

Mayor Licitra: Yes.

Mr. Bonte: And the parking lots? They will be available?

Mayor Licitra: The parking lot may not be available. The parking lot–I intend to have certain–the Mayor’s Youth Council will have about 50 or 60 children coming by bus–

Mrs. Kelly: It’s 54 passengers. No more.

Mayor Licitra: 54 children coming by bus. I’m going to rope off some area for them, and we may rope off some areas for other people. Whatever is left–500 people can fit on the beach, and 75 spaces. So we’ll see what happens on that.

Mr. Bonte: Roping off areas for other people?

Mayor Licitra: The Council–the Fire Department and the Rescue Squads, both Flanders and Budd Lake. I told them since they’re volunteering their time that I would provide them with some access to the beach with passes. You have a problem with that?

Mr. Bonte: Passes to be on the beach?

Mayor Licitra: Yeah. You have a problem with that? You have a problem with that? I want to know. Let me know. Let me know if I should not reward my volunteers for giving up their night.

Mr. Bonte: Well, I guess I’m curious as to exactly what’s going on here. Why are we reserving–

Mayor Licitra: You sat here last year, Rich, and you stood up there and you said what a great, great thing for Mt. Olive this is.

Mr. Bonte: It was.

Mayor Licitra: So here we go, Rich Bonte talking out of both sides of his mouth again.

Mr. Bonte: Excuse me, Mr. Sohl, I was addressing the Council. My question is, is the entire beach area and parking area going to be accessible to the Public? And, I guess what I’m hearing is that certain sections of the parking area and/or the beach are going to be reserved for specific individuals. Is that true?

President Sohl: I believe that’s a fair assessment. Yes.

Mr. Bonte: So you’re limiting some access there, and you’re making it more difficult for people to park near the event. I didn’t notice any problems at all last year. And I know that most of Route 46, cars were parked along the lake side and on the other side where parking is legal.

Mrs. Kelly: Rich, would you like to park in my driveway? I’m about three blocks from the Boathouse.

Mr. Bonte: I know where you live, Charlene. I’m not talking about only myself.

Mrs. Kelly: I’ll have space available because my car will be up at the school bus garage because I’ll be driving the school bus.

President Sohl: This is a learning experience, Rich. There is no–I’m not going to sit here and debate–

Mr. Bonte: What did we learn last year that was a problem?

Mr. Guenther: He was just saying there were no records left–

Mr. Bonte: Well, if there were no records, there were probably no problems.

Mr. Guenther: What if more people come this year, Rich?

Mr. Bonte: Well, you’ve done a good job to make sure there won’t.

Mr. Guenther: Oh, come on, Rich.

President Sohl: Anyway–you’re comments are acknowledged, Rich.

Mr. Bonte: I have a comment on Resolution #5. I don’t understand why the State of New Jersey, and why this Council needs to be endorsing this Bill. Why shouldn’t Public Entities and Public Officials be liable for punitive damages if the Court determines that they should be?

President Sohl: Because your taxpayer dollars are going to pay it.

Mr. Bonte: That doesn’t mean anything, Bill. If the GM employee, or some other corporate employee does something–and intentionally does something that the Courts find there should be punitive damages awarded, this is one of the checks that we have in our system in this country to assure that people are held accountable. And we all have to pay these types of things through the products we purchase. Why should Public Officials be exempt when their actions–willful actions–and usually that’s the only time that punitive damages are awarded to punish, why should Public Officials be exempt?

Mr. Dorsey: The answer to that is very simple. Public Entities are not considered in the Public Forum to be the same as General Motors. Up until 1970, they were totally exempt from damage awards, punitive or compensatory in the State of New Jersey. In 1971, the Legislature adopted what is known as Title 59, which permits under certain circumstances, certain prescribed circumstances that Public Entities may be liable for compensatory damages. It so happens that the law also specifically excludes, at the moment, punitive damages being awarded against Public Entities. That has been the law for the last 30 years, and actually, for the last 130 years. And this Bill simply will extend that immunity to Public Employees, because in the final Mr. Dorsey (cont’d): analysis it is realistic to think that punitive damages, whether levied against a Public Entity, or against an employee of a Public Entity end up being paid by taxpayers, and that is deemed in the Public to be not in the Public’s best interest. It is a matter of Public debate.

Mr. Bonte: I definitely disagree with you, Mr. Dorsey. And I disagree with the intent of this Resolution.

Mr. Dorsey: You can’t disagree with me because I simply recited what the law is. You can disagree with the thrust of the Legislation, but not with what the law is, and has been.

Mr. Bonte: Right. I don’t think that we should be endorsing this Legislation. I think that Public Officials and Public Employees in the conduct of their official duties should be held accountable for the job that they do.

President Sohl: Is there anyone else from the Public?

Mr. Dave Steward, 19 Budd Lake Heights Road: On #6. The last phrase after the semi-colon in the second paragraph, I don’t understand–what’s this in English–is this a typo–the question mark?

President Sohl: It deals with, typically a commercial property in the sewer project–

Mr. Steward: I understand that, but there’s something in the–the copy I have–

President Sohl: It’s obviously a typo.

Mr. Steward: I just want to make sure, before you vote on it, there’s a syntactical problem.

President Sohl: We’ll check it. Is there anyone else? I will close the meeting to the Public.

Mr. Dorsey: I don’t know why that’s in there–

President Sohl: For the Record, the correction is–starting with the WHEREAS, under current law the Municipality having once charged a connection fee or assessment cannot adjust the charge.

1. Resolution of the Township Council of the Township of Mount Olive Authorizing a Dedication by Rider for Development Fees - Affordable Housing Trust Fund.

1. 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 ($1,560 for the Tobacco Age-of-Sale Enforcement Grant)

1. 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 ($12,000 for Recreational Opportunities for Individuals with Disabilities)

1. 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 1999 Municipal Budget (Community Resources - Handicapped Grant - $2,400.00). OFF

1. Resolution of the Township Council of the Township of Mount Olive Endorsing Assembly Bill A 129. (Prohibits punitive damages against a public entity or public employee in the course of his duties)

1. Resolution of the Township Council of the Township of Mount Olive Endorsing Assembly Bill A 2086 (permits a municipality to modify sewer connection fee or assessments when there is a change in the “intensity of use)

1. Resolution of the Township Council of the Township of Mount Olive Authorizing the Issuance of a Contract to Ceco/Taylor Co. in the Amount of $129,513 for a Rescue Truck for the Budd Lake First Aid Squad.

1. Resolution of the Township Council of the Township of Mount Olive Authorizing the Execution of a Developer’s Agreement Between the Township and Woodfield at Mt. Olive (Section IIA).

1. Resolution of the Township Council of the Township of Mount Olive Authorizing the Release of Performance Guarantees Posted by Hashemi Car Wash.

1. Resolution of the Township Council of the Township of Mount Olive Authorizing the Release of Performance Guarantees Posted by Gemini Associates. (Gemini Metal at 3 Laurel Dr.)

1. Resolution of the Township Council of the Township of Mount Olive Authorizing Change Order No. 1 for Valley Excavating Company in Connection with the Reconstruction of Flanders Drakestown Road.

1. New Jersey Department of Transportation Resolution, Application and Agreement for State Aid to Counties and Municipalities Under the New Jersey Transportation Trust Fund Authority Act and Local Bridge Bond Act. (Resurfacing of Cory Road).

1. Resolution of the Township Council of the Township of Mount Olive Authorizing a Contract with J.B. Burke/Ben Shaffer for the Installation of a Playground in Flanders Park Pursuant to the State Cooperative Purchasing Program

1. Resolution of the Township Council of the Township of Mount Olive Authorizing Limitation on Parking for the July 4TH Celebration to be Held on the Evening of July 1, 2000. (Close Roads & Restrict Parking for the Fireworks Display.

Mr. Guenther moved for approval of the Consent Resolutions #1 - #3 and #5 - #15, and Mr. Rattner seconded the motion.

ROLL CALL: Passed by the majority, Exceptions: Mr. Heymann ABSTAINED and Mr. Spino voted NO

RESOLUTIONS - NONCONSENT

1. Resolution of the Township Council of the Township of Mount Olive Authorizing a Grant Application with Other Municipalities for a Grant to Study Shared Public Works and Other Similar Services. (Shared Services Grant Application)

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

ROLL CALL: Passed unanimously

MOTIONS

1. Bill List.

VENDOR NAME
PURPOSE
AMOUNT

Current



GPU Energy
District I Street lighting 5/2000
$ 6,862.99

GPU Energy
District II Street Lighting 5/2000
$ 2,867.19

Ann Marie Cormier
Reimbursement of Legal Expenses incurred in the Matter of “Carter vs Mt. Olive Township

$ 4,789.88

MOT Library
06/2000 Contributions
$20,000.00

Jersey Professional Management
Temporary Administrator Billing for Period of 4/10 - 4/21/00
$ 4,675.00

SPLITS



Managed Logistics Systems, Inc.
Contract Charges for 04/00
$36,363.00

Office Equipment Co.
Check Signing Endorser
$ 3,600.00

Lerch, Vinci & Higgins
Annual Audit Services Provided for Year Ending 12/31/99
$23,450.00

Lerch, Vinci & Higgins
Preparation of 2000 Municipal & Sanitation Budget
$ 5,491.25

GEO Concepts Ltd.
May, 2000 Computer Maintenance Service for Departments
$ 4,500.00

SANITATION



Morris County MUA
Tipping fees for 04/00
$40,673.93

ESCROW



Natures View
Release of Provisional Bonds for B 7100, Lots: 53.09; 53.10; 53.13; and 53.11

$ 5,000.00

CAPITAL



Olympus International
Award of Contract - Development of Schematic Plans for Turkeybrook Park Ord. #18-95. Amended by #37-95 & #34-96

$24,000.00

Jersey Bus Sales
16 Passenger Bus as Awarded by Resolution on 11/23/99, RE: Mt. Olive Child Care & Learning Center. Ord. #21-99

$35,748.00

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

ROLL CALL: Passed unanimously

2. Approval of Raffle Application #944 for the Budd Lake First Aid & Rescue Squad. Approval of Bingo Application #945 for Knights of Columbus #6100.

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

ROLL CALL: Passed unanimously

COUNCIL REPORTS: NONE

PUBLIC PORTION

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

Ms. Lenore Grensci, 17 Chickadee Road, Budd Lake: I’ve been here for in excess of 22 years. We recently–our sewer project is completed, and when the sewer project was being put together, there are residents of this community that have what’s known as a grinder pump. When we attended the meetings that were held prior to the installation, and during the planning of our sewer system, questions were asked in regards to the grinder pumps by those of us who reside in an area that loses power frequently. The grinder pump has a holding tank, we understand, for, I guess about 60 or 80 gallons. I’m not sure exactly sure, so don’t condemn me. When you get to that point, the system then defaults. We recently had a power outage which started about 6:30pm on a Friday evening, and ended at 12:37am Monday. Okay. We have families on Chickadee Road that were without power for that whole time. On Saturday, one of our residents called the Town to find out what we were going to do, how they were going to come over and connect to pump these grinder pumps to empty out the tanks. They were supposed to come with a generator. At that time, we were informed that the statement was never made–that this would be done. And we’re here now to address that. That statement was made at the meetings prior to the installation. We got no service from anybody. Fortunately, we had no catastrophe, but not because of any action on the Township’s part. And we’d like to know what will be done going forward. Could somebody address this for us

Mayor Licitra: Bob?

Mr. Casey: That’s a monster issue.

Ms. Grensci: Well, it can’t be a monster issue–

Mr. Casey: Well it is because you’d have to have a quick disconnect switch, you’d have to have total capability of putting a connecting in an external generator. You’d have to actually go out there, and I can assure you, we don’t even have the generators in the Sewer Department.

Ms. Grensci: Well, let me tell you, we were told we would have them should this present itself.

President Sohl: When were you told that, and where?

Ms. Grensci: At the meeting in the Fire House–what year do we want to say?

Resident: It was at Sandshore School.

Ms. Grensci: Oh, I’m sorry, Sandshore School.

Mr. Spino: By whom?

Mrs. Kelly: Purcell’s people?

Ms. Grensci: By the Committee of the Town.

Resident: At that meeting, the question was brought up, if there was an emergency and a power outage, what would be done for people that have a grinder pump.

Mrs. Grensci: And we were told we would be taken care of. There would be no problem. This would be addressed. And you also stated at that time that there are generators and that there would be an extra grinder pump within one of the facilities for anybody who’s pump would fail in the ground. Do we have an extra pump?

President Sohl: We have repaired pumps, right?

Mr. Casey: I can’t answer that.

President Sohl: My recollection from prior–

Mr. Rattner: The Sewer Department keeps on hand four pumps because if a pump fails they can pull it out and put another one in. The one that’s pulled out gets sent out for repair because they don’t want to repair it on the spot. It’s made for an easy-out, easy-in.

Ms. Grensci: That’s comforting to know that we have four of them, but what do we do about the situation? We called the Town–do we have an Emergency Management Officer of the Town?

Mayor Licitra: Yes, we do.

Ms. Grensci: Who would that be?

Mayor Licitra: Fred Detoro, Jr.

Ms. Grensci: Where is his number? Where is it published? We have nothing. We had no where to go.

Mayor Licitra: You would get that–if you called the Police Department–

Ms. Grensci: I called the Police Department.

Mayor Licitra: And they give either himself, or he has two assistants–if he is out of Town, which he was. I can only hear one at a time. And his two assistants, one would respond.

Ms. Grensci: That’s what I’m saying. We got no response.

Mayor Licitra: I will check into it.

Mr. John Evans, 20 Chickadee: In regard to te question–the comment was made by the Contractor who installed the pumps, about pumping them out–that other Towns do have that. Also the Township owns this and there’s a connect box the Township has with a key on it that the Township has access to.

Mayor Licitra: We’ll check into it.

President Sohl: Anyone else from the Public?

Mr. Bonte: The Ordinance that came up for First Reading this evening–I know I belabor this point every year, but I just think we keep getting ourselves deeper and deeper in debt here. Ord. #21-2000, Item A, there are a number of items–in fact most of these items show a period of usefulness of 15 years. The majority of these items, you’ll be lucky if they have a period of usefulness of five years. Why are we doing this? Year after year after year, bonding for things that should be expense items. Computers, copiers, high-band radios, CAD design software and systems. I don’t understand it. Why are we bonding for these things? We’re going to be paying for these things forever, because the life expectancy is never going to be what’s listed. Can somebody explain why we’re doing this, and why we do it year after year?

President Sohl: We’ve done the Budget, that’s the financial recommendation of our Auditing Firm and our CFO.

Mr. Bonte: Our Auditor and CFO recommend Bonding for 15 years, that might only last five years.

Mr. Casey: First of all, the Ordinance in question is last year’s Bond Ordinance, and all we’re doing is cleaning it up. However, Mr. Bonte, the average life that is involved in those things, the life of the Bonds issued under that Ordinance is 8.27 years.

Mr. Bonte: Do you think there is anything in Item A that will last 8.27 years? I don’t care what the law says you can do, or the Accountant says you can do, we’re not looking at this realistically, all we’re doing is building up tons of future debt, paying for things that don’t exist any more. I don’t think there is anything in Item A that’s going to be here in eight and a half years. Is there anybody on this Council that thinks there’s anything in Item A that’s going to be here in eight and a half years? The only way you could come up with 8.27 years on this is if you have one item that’s going to last 100 years because the rest of these items are going to be gone in three years.

Mr. Casey: So noted.

Mr. Bonte: Bad financial policy. We’re going to end up like Morristown.

President Sohl: We’re not here to debate longevity of items. Anything else?

Mr. Bonte: Section 113-4 of the Mt. Olive Code deals with conflicts of interest. I’m not going to belabor what I’ve belabored before. But in Section 113-6 of that Legislation, it talks about Board of Ethics. And, by Ordinance, we’re supposed to have a Board of Ethics in this Town. I think this Statute was passed about five or six years ago. To the best of my knowledge, we never have had, nor do we have today this Board of Ethics that’s required by our own Legislation. Is there a reason for that?

President Sohl: I’m not certain. I don’t know the reason.

Mr. Bonte: Who would be in charge of knowing the reason?

President Sohl: We could find out.

Mr. Bonte: Well, I would think that one of the seven Council members or our Attorney, or somebody from our Administration should be able to answer that question tonight. Who’s supposed to establish this Board of Ethics? And why has it never been done? Why do we pass these laws and never do anything about it?

Mr. Guenther: When was this Ordinance passed?

Mr. Bonte: I think it was about five or six years ago. The Clerk should be able to tell us, but I don’t think that that’s important. The fact is, it’s been on the books many, many years. And, to date, we still don’t have a Board of Ethics established. What are we going to do about it?

President Sohl: We’ll look at it.

Mr. Bonte: No, Bill, I don’t think that that’s an acceptable answer.

President Sohl: That’s my answer.

Mr. Bonte: I’d like to know when we’re going to establish it.

Mr. Scapicchio: I’ve got a question. John, when I first came on, I think I reviewed that Ordinance, and I thought that if the Township did not have a Board of Ethics in place, it then referred it down to Trenton–I forget where–is there a State Board of Ethics, John?

Mr. Dorsey: Yes. Department of Community Affairs.

Mr. Bonte: It doesn’t say anything in our Ordinance about that, Dave. The only thing it says in our Ordinance regarding the State is, “Any changes to this Ordinance have to be approved by the State.”

Mr. Scapicchio: I don’t know what that says–what you have in front of you, Rich, but I know that when I researched it, it was sent down to the State if the Municipality did not have a Board in place.

Mr. Bonte: But that isn’t what this Statute says. You know, a number of years ago, my wife got a parking ticket in Hackettstown. When we showed the Judge the Motor Vehicle Manual that each and every one of us gets as to how close you can park to a street corner–you know what the Judge told me? “That book doesn’t mean anything. It’s what’s in the law.” And he pulled out the green book, and cited the specific Title in the Law for that specific street and said, “You couldn’t park within 50' of the corner.” So, my point is, this Council–and I remember the debates–Barbara Swasey was on this Council at the time, decided that a Board of Ethics was a necessity. It certainly was desirable.

Mr. Scapicchio: Or an Ethics Code.

Mr. Bonte: Excuse me, Board of Ethics, Ethics Code, and specifically 113-6 prescribes the Board of Ethics. It tells you the number of people, how long the term should be, what their job is supposed to be–even what they’re supposed to do within 90 days after the Board is established. They’re supposed to promulgate a Resolution with a Township Code of Ethics for all Township Officers and employees. I’m sure that’s never been done either. Why do we pass these laws with no intention whatsoever of doing anything about it. Shouldn’t the Public have somebody to go to–an independent Committee when they think that something is not being done properly in the Town.

Mr. Scapicchio: Let me ask you a question. Do you think that it would be better to have a Board of Ethics made up of people within the Township, and maybe within the Governing Body to police themselves, or do you think we would be better off sending it down to an Agency that has absolutely no connection to anybody involved.

Mr. Bonte: Dave, you’re not going to put these words in my mouth–

Mr. Scapicchio: I’m asking you a question.

Mr. Bonte: Because what did the seven--

Mr. Scapicchio: I don’t think I passed that law, Rich

Mr. Bonte: Well, you weren’t here then–

Mr. Scapicchio: Okay.

Mr. Bonte: But those of you that were here obviously felt that we should have a Code of Ethics where it defines specifically what conflicts of interest were, and that we shall have–and the would “shall” is there–and I know what the word “shall” means–it doesn’t mean it’s desirable, it doesn’t mean we’d like to have it. It means “There will be a Board of Ethics.” Of course, as usual, the Government and its Officials have exempted themselves from any Penalties whatsoever for not complying with the Law. I’d like to know when this Board was going to be established. And I don’t see why we have to look into it, Bill. It’s been looked into.

President Sohl: I’m not going to read it right now, Rich, and make a decision right now. It’s as simple as that.

Mr. Bonte: So in other words, you don’t–

President Sohl: I will look into it between now and the next Public Meeting. How’s that?

Mr. Bonte: I’ll be back.

President Sohl: Fair enough. Anyone else from the Public who would like to address the Council? Seeing no one, I will close the meeting to the Public.

COUNCIL COMMENTS NONE

President Sohl: We are going to adjourn this Public Meeting, and then move to a Workshop Session.

Motion made for adjournment. All in Favor, None Opposed. The Meeting was adjourned at 8:40pm.

______________________

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 June 27, 2000.

________________________

LISA M. LASHWAY

Mount Olive Township Clerk

mee


 



 

 

 
 

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)


 

Mount Olive Township has joined Twitter in an effort to keep you updated with a constant stream of current information. Twitter allows us to break news faster than any other source, organize instant events and improve communication between Mount Olive and the public.

Follow us on Twitter by clicking here
Or view our tweets here

 

  The Mount Olive Comments Form is geared towards benefiting you, the public. If you would like us to contact you back, please enter your contact details in our comments form or simply email us.


 
 

2012 Mount Olive Township. All rights reserved.