Mount Olive Township Council Minutes
March 13, 2001

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

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. Sohl, Mrs. Kelly, Mr. Spino, Mr. Scapicchio, President Rattner

Absent: Mr. Guenther

President Rattner: Mr. Guenther did advise me that he has a conflict. He’ll try to get here a little bit later, but if it’s a quick meeting, we’ll probably be gone before he gets here.

Mr. Dorsey: Famous last words.

President Rattner: 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; our Risk Manager–who will be talking Insurance, Mark Lawrie. And I’ll go to Administrative Reports. Okay–one thing–we got a memo from Mr. Weiss about the funding of Recreation, and we also had the advice of our Attorney a week or so ago. Did we implement the changes?

Mr. Kaplan: We’re in the process of. I think I gave you a memo today that shows that the Recreation Committee met and discussed it, and now when the CFO comes back from vacation, we will put into effect a Policy. We are working on it, we are close to putting one together. But we wanted to wait until the Recreation Committee had a chance to meet, review it, discuss it, and now we’re going to go ahead and act on it.

President Rattner: Okay, I guess what the question was–I guess different Recreational Organizations were requested to put their paperwork in by the 15th, so I just want to make sure we did it with the new policies.

Mr. Kaplan: Yes.

President Rattner: Okay. Mayor, do you have any update on the issue of the Planning Board/Environmental Committee. We told the Public that we would at least give a report that we’re working on it, if we didn’t resolve it by this meeting.

Mayor Licitra: Yes. I have opinions from three different people on the subject. So, it’s–I’m trying to get the three people tied down to give me one opinion so we could live with that opinion and go forward with it. I tried to get in touch with the Environmental Commission to have a meeting with them–at which time, they wanted to have their meeting before they met with me. So, Catherine (Natafalusy) is trying to set up a meeting with them. I just want to make sure that we do it right if we have to do anything at all. And–probably within the next weeks, it should jell.

President Rattner: Thank you very much, Mayor. Legal Reports?

Mr. Dorsey: I’ll just say this. You all recall at the very beginning of this year, Mary Robinson and Sherry Jenkins asked that we do 50 In-Rem Tax Foreclosures. We have now got the Title Search on two thirds of them and we have discovered that five parcels are already owned by the Township–for some reason not previously picked up, but that eliminates the tax problem–one owned by the State of New Jersey. We simply wrote letters and two of them were redeemed for a total of about $10,000, which essentially will fund the disbursements in connection with the balance of 23, and we now have 17 of the Tax Sale Certificates in Foreclosure actions at various stages. Secondly, two years ago we authorized a sale to the State of New Jersey of 13 parcels known as the Budd Lake Bog. We actually sent all that material a year ago, all executed by the former Mayor–that’s how far back it goes–to the State of New Jersey. The Attorney General called about a month ago and advised that their searches show–I think I told you this once before, that one of my predecessors had entered into an In-Rem Foreclosure. Well, we have now agreed–and I should have by tomorrow, a check for $45,000 and the 49 balance is to be held until we satisfy that–we Reforeclose, which we’re in the process of doing on that one Tax Sale Certificate, and, Sandy, if you could ask Sherry to mail me a Deposit Slip because I’m supposed to get this check just before it expires and I didn’t want them to send it back to the Treasurer of the State of New Jersey, because that will take another three months. That’s it.

President Rattner: Thank you, Mr. Dorsey.

APPROVAL OF MINUTES OF PREVIOUS MEETINGS

February 13, 2001 All Present: Mr. Heymann, Mr. Guenther, Mr. Sohl, Mrs. Kelly, Mr. Spino Mr. Scapicchio, Mr. Rattner

February 27, 2001 CS Present: Mr. Guenther, Mr. Sohl, Mrs. Kelly, Mr. Spino (6:46 pm), Mr.Scapicchio, Mr. Rattner

Absent: Mr. Heymann

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

ROLL CALL: Passed Unanimously

CORRESPONDENCE

Letters From Residents

1. Letter received February 26, 2001, from Paula J. DeBona on behalf of Rose Mackinshok regarding Property donation of Block 3700, Lot 15 (233 Route 46)

2. E-mail received March 7, 2001 from Howie Weiss RE: Recreation Budget/Funding to Various Programs in Town.

3. E-mail received March 8, 2001 from Jim Scheibner RE: Donation for restoration of abandoned Seward Mansion on Flanders Road.

Resolutions, Ordinances, Correspondence from other Towns

4. Resolution received February 26, 2001, from Jefferson Township regarding Assembly Bill A-26 which will allow Municipalities and Counties to bank surplus snow removal funds for utilization in years in which snow expenditures exceed the budget.

5. Resolution received February 26, 2001, from the Borough of Chatham regarding the New Jersey Legislation to adopt a permanent funding source to remediate the loss of property tax revenue due to Bell Atlantic Depreciation schedule.

6. Three Ordinances received February 27, 2001, from the Township of Chester regarding Land Use.

7. Ordinance received February 28, 2001, from the Township of Roxbury regarding Land Use.

8. Resolution received March 1, 2001, from Parsippany-Troy Hills expressing stringent opposition to Cablevision of Morris increasing its monthly cable service rate.

9. Resolution received March 2, 2001, from the Borough of Mount Arlington regarding property tax reform.

10. Resolution received March 9, 2001 from the Township of Pequannock RE: Opposition to Cablevision adjusting its rates with an average monthly increase for Family Cable of 12.4%.

League of Municipalities

11. Letter received February 27, 2001, from the New Jersey State League of Municipalities regarding League Seminar on New Procurement Rules & New E-Purchasing Pilot Program.

12. Letter received March 9, 2001 from the New Jersey League of Municipalities RE: League Seminar - Family and Medical Leave Act; and Legal Update.

DOT/DEP/Permits/LOIs

13. Letter received February 26, 2001, from the State of New Jersey, Department of Environmental Protection regarding Application Acknowledgment Treatment Works Approval Application (Rachel Manor Estates).

14. Letter received February 27, 2001, from the New Jersey, Department of Environmental Protection regarding an Authorization for a Minor Modification to Freshwater Wetlands Individual Permit, Water Quality Certification and Waiver of Transition Are for Access for NJFTZ ITC South.

Correspondence from Organizations/Committees/Boards

15. Letter received February 26, 2001, from the New Jersey Transportation Conference and Expo regarding the 25th Annual Conference.

16. Letter received February 26, 2001, from Morris County Development regarding funding for 2001.

17. Letter received, 2001, from the State of New Jersey, Department of Community Affairs regarding the second revision to the Residential Site Improvement Standards.

Land Use/Development Matters

18. Letter received February 27, 2001, from Applied Wastewater Management, Inc. regarding Tri-State Quikrete / Applied Wastewater Management.

President Rattner stated that we had received 18 items of correspondence and asked Council if there were any comments on same.

Mr. Spino: Not any one particular, but we did get a couple–I want to make sure we’re doing it–about opposition to increasing the monthly Cable Charge–from other Towns–

Mr. Heymann: Pequannock.

Mr. Spino: And I think Parsippany–I’d like us to do the same-even though it might have already been done, I’m not sure.

President Rattner: Mr. Dorsey, for our next Public Meeting, could we have a Resolution opposing the increase in Cable Rates.

Mr. Dorsey: Oh, certainly.

Mr. Heymann: There’s one right in here from Pequannock, John, you can just plagiarize it. It’s perfect.

President Rattner: Pequannock said it’s 12-point-something.

Mr. Heymann: Yeah, I don’t know what it is.

Mr. Spino: There’s a couple–I think there’s one from Parsippany.

Mr. Dorsey: You know, you ask me never to tell anybody when I give you the forms for certain cases.

Mr. Heymann: That’s the highest sign of flattery, is plagiarism, in the legal field.

Mr. Dorsey: The last time I tried to do that, they scanned it into the computers–and apparently, when they scan it in, it causes all these misprints that Mr. Greenberg (Greenbaum) caught up on. So, I have to be careful.

ORDINANCES FOR PUBLIC HEARING

Ord. #3-2001 An Ordinance of the Township of Mount Olive Amending and Supplementing Section 196-58 Entitled “Payment of Charges” (Sewer). (charges for new accounts and changes in billing)

President Rattner opened the Public Hearing on Ord. #3-2001.

President Rattner closed the Public Hearing on Ord. #3-2001.

Mr. Heymann moved for Adoption and Final Passage on Ord. #3-2001 and Mr. Spino seconded the motion.

ROLL CALL: Passed Unanimously

President Rattner declared Ord. #3-2001 as Passed on Second Reading.

Ord. #4-2001 Bond Ordinance Amending Bond Ordinance Numbered 22-97, Finally Adopted July 15, 1997, as Amended by Bond Ordinance Numbered 38-97, Finally Adopted December 16, 1997 of the Township of Mount Olive, in the County of Morris, New Jersey in Order to Amend the Description and Useful Life of the Project.(reallocation of funds and painting of Oakwood Tank)

President Rattner opened the Public Hearing on Ord. #4-2001

President Rattner closed the Public Hearing on Ord. #4-2001

Mr. Spino moved for Adoption and Final Passage on Ord. #4-2001 and Mr. Heymann seconded the motion.

ROLL CALL: Passed Unanimously

President Rattner declared Ord. #4-2001 as Passed on Second Reading.

Ord. #5-2001 An Ordinance of the Township of Mount Olive Amending and Supplementing Chapter 102 Entitled “Documents, Fees for Copies of”, Section 102-1(E) Entitled “Fee Schedule” of the Code of the Township of Mount Olive. (increasing copying charges to be in conformance with State Statute)

President Rattner opened the Public Hearing on Ord. #5-2001

President Rattner closed the Public Hearing on Ord. #5-2001

Mr. Sohl moved for Adoption and Final Passage on Ord. #5-2001 and Mr. Heymann seconded the motion.

ROLL CALL: Passed Unanimously

President Rattner declared Ord. #5-2001 as Passed on Second Reading.

ORDINANCES FOR FIRST READING

Ord. #7-2001 An Ordinance of the Township Council of the Township of Mount Olive Authorizing the Sale of Block 5300, Lot 18 C8.2A to Joseph P. Sacco for $150,000. (sale of police substation condo)

Mrs. Kelly moved that Ord. #7-2001 be introduced by title and passed on First Reading and that it be scheduled for Adoption after a Public Hearing on March 27, 2001 at 7:30 p.m. Mr. Scapicchio seconded the Motion.

ROLL CALL: Passed Unanimously

Ord. #8-2001 Ordinance Appropriating an Aggregate Amount of $77,000 from a Community Development Block Grant and the Water Capital Improvement Fund for the Repainting of the Oakwood Village Water Tank in and by the Township of Mount Olive, in the County of Morris, New Jersey.

Mr. Spino moved that Ord. #8-2001 be introduced by title and passed on First Reading and that it be scheduled for Adoption after a Public Hearing on March 20, 2001 at 7:30 p.m. Mr. Heymann seconded the Motion.

ROLL CALL: Passed Unanimously

CONSENT RESOLUTIONS AGENDA:

President Rattner: I just want to note that we do have an additional Resolution that didn’t make the Agenda. It was an oversight, it was in the package last week–#11, and we’ll take that as Non-consent since it wasn’t on the list.

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 Supporting S-1800 and A-2955 Which Proposes Fundamental Property Tax Reform by Means of a Constitutional Convention.

2. Resolution of the Township Council of the Township of Mount Olive Amending the Temporary Budget for 2001 for the Current, Water and Sewer Budgets.

3. Resolution to Cancel Tax on Block 900, Lot 59.(New Fane OS donation)

4. Resolution to Cancel Tax on Block 1101, Lot 1.(PSEG Easement)

5. Resolution of the Township Council of the Township of Mount Olive to Foreclose In Rem Certificates Held by the Township of Mount Olive.

6. Resolution of the Township Council of the Township of Mount Olive Authorizing the Business Administrator to Execute a Treatment Works Approval Permit on Behalf of Woodfield at Mount Olive, Sections IIA, IIC AND IIIA.

7. Resolution of the Township Council of the Township of Mount Olive Authorizing the Business Administrator to Execute a Treatment Works Approval Permit on Behalf of Toll Brothers, Inc. (Morris Chase)

8. Resolution of the Township Council of the Township of Mount Olive Imposing the Provisions of N.J.S.A. 39:5A-1 Upon the Mall at Wild Geese Commonly Referred to as 375 Route 46, Budd Lake, NJ

9. Resolution of the Township Council of the Township of Mount Olive Authorizing the Execution of a Developer’s Agreement Between the Township and Toys “R” Us.

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

President Rattner; Is there anyone from the Public who would like to address the Consent Resolutions? Seeing no one, I will close the Public Portion.

ROLL CALL: Passed by the majority, Exception: Mr. Spino voted YES on all except #6 and #7.

10. Resolution of the Township Council of the Township of Mount Olive Awarding a Contract to Delta Dental of New Jersey for Two Years for Dental Programs for Township Employees.

Mr. Heymann moved for approval of the Resolution and Mr. Sohl seconded the motion.

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

ROLL CALL: Passed Unanimously

11. Resolution of the Township Council of the Township of Mount Olive determining that the Contract for the improvements of Flanders-Drakestown Road, Sections I & II has been substantially completed.

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

President Rattner: Anybody from the Public want to address this Resolution? Anybody from Council?

ROLL CALL: Passed Unanimously

President Rattner: Okay, at this point, I want to bring up something–I think you’re all aware that we’ve gotten some correspondence and, Councilwoman Kelly made a specific request–had to do with DEP Regulations–

Mr. Spino: Did you want to finish doing the Bills and the Motions first?

President Rattner: Well, I figured this was “Resolutions” because she asked to put it on as a Resolution–and we did–we said we’d discuss it. You think we should do the Bills first?

Mr. Spino: Well, no. If you’re going to do a Resolution–

President Rattner: Well, I don’t know–that’s what she requested. I don’t know if it’s necessary. Mr. Dorsey, we asked you to comment on it. Did you have time to review Mrs. Kelly’s comment?

Mr. Dorsey: Well, I think Mrs. Kelly is making reference to rules and regulations promulgated by the DEP. They actually were promulgated some time ago in accordance with the New Jersey Register they are to go into effect as of march 20th. Those Rules and Regulations require those who are subdividing, or developing more than six Lots to apply to NJDEP for approval. The old rule used to be that if the development involved 50 or more, Application had to be made to the DEP. Those Rules become effective on March 20th. They are State Rules and Regulations, the Township Council cannot accelerate their effective date because the effective date is established by the rule and by NJDEP. Now, Mr. McGroarty is well aware of those rules and tells me he has discussed them with the Planning Board. Mr. Wilpert, at the Board of Health is well aware of those rules, and, has discussed them with DEP, and has been told he simply continues to do his function in terms of applications for individual septic system permits. And, I assume that the Planning Board will simply deal with it by making a requirement of any approval that is granted that the applicant obtain whatever approval may be necessary under the new regulation from NJDEP.

President Rattner: Mrs. Kelly, you had a recommendation. Is there anything that you want to ask the Attorney?

Mrs. Kelly: Well, I was curious if we, as a Council, can make a recommendation to the Planning Board not to hear any applications over that until after that date.

Mr. Dorsey: Well, you certainly–

Mrs. Kelly: Is that possible?

Mr. Dorsey: Well, anything is possible. You certainly can make that recommendation–I’m not going to pass upon the legality of your advising–or the Planning Board not hearing those applications until after March 20th. I think the simplest way to dispose of this is simply to have the Council President write a letter to the Planning Board saying the Township Council is very aware of this new regulation and, Township Council very much wishes that they take appropriate steps to see that the new Regulation is enforced. They have every intention of doing so, I’m assured, by Mr. McGroarty, but, I’d do it by way of letter.

Mrs. Kelly: Well, what I’m concerned is if there’s an application that’s more than six homes that’s before the Planning Board at this time, that, perhaps they should postpone hearing that application until–I mean, it’s a matter of weeks, certainly they could postpone an application until after that date when it becomes effective.

Mr. Spino: I don’t know the legalities of doing that, but, what I’m understanding John to say, we can’t make the Planning Board do that, we can only recommend that they do. And that we can do that in the form of a letter, I would think that would be all right.

Mr. Heymann: I don’t think that was the intent–I think Mr. Dorsey indicated that the President can send a letter advising them–which I’m sure they’re aware of–of these changes, and that they will do the utmost to continue to consider those changes. I don’t think that was the recommendation that any be postponed. I don’t, first of all, think that we have the jurisdiction to do that. Secondly, I don’t think legally that you can tell an Applicant that he can’t continue to move forward because there may be something pending down below. When that stuff hits, then that Applicant has to deal with it. But I don’t think you could say, “Well, it could happen on March 20...” It could be delayed to April 20th, or May 20th. An Applicant–also with their time frames, as you know, Earl, with regard to completeness, they don’t have to sign off on that. So you raise a lot of issues, of legal issues which I don’t think we should be dictating to, and I also don’t think it’s legal to do it.

Mr. Spino: First thing, I don’t know the legalities of it, but I do know if we can at least make the Planning Board aware of this, and aware of our position–at least my position and Charlene’s–and anybody else who wants–if they can–if the Planning Board can, indeed, hold applications in lieu of this law, that they do something. If the Attorney gives them advise and they can’t do it, I don’t know what else to say.

Mr. Dorsey: Of course the bottom line, there is no application pending before the Planning Board that involves more than 50 Lots that is going to be approved before March 20th when the regulations become effective. But, that doesn’t stop you from sending a letter to the Planning Board and asking them, of course, to see that these regulations are imposed immediately.

President Rattner: Mrs. Kelly, does that satisfy you?

Mrs. Kelly: Well, are we going to write a letter?

President Rattner: I’ll write the letter.

Mrs. Kelly: Okay.

President Rattner: In fact, if you want to, you can call Lisa (Lashway) tomorrow also, and make sure it meets your approval too. I think it’s a very straight-forward letter. Okay. So, that’s how we’ll handle that. I just wanted to discuss it now–if there was a Resolution, that would be the Resolution from the Council.

MOTIONS

1. Bill List.

Mr. Spino moved for approval of the Bill List as presented on 3/13/01 and Mr. Heymann seconded the motion.

ROLL CALL: Passed Unanimously

2. Approval of Raffle Application #976 and Raffle Application #977 for Foster Parents Association, Morris County. Approval of Raffle Application #978 for the Budd Lake First Aid & Rescue Squad.

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

ROLL CALL: Passed Unanimously

COUNCIL REPORTS

President Rattner: We now come to Council Reports, we’ll start down on the West Coast, Mr. Heymann.

Mr. Heymann: I don’t have much of a report, the only thing–again, I’ve brought it up before, I’d like to start working with the Recreation Committee–again, with the advent of Turkeybrook coming in, we need to move in a direction of some alterations in the Department. I think we have to be better prepared for the growth–not only the program, but of the facilities and we should commence some type of a search for a Full-Time Recreation Director. I think that’s something I’ve said to people, and I think we should start to schedule that so that Turkeybrook isn’t already built, and we’re not prepared for that. So, that’s my only comment.

President Rattner: Thank you, Mr. Heymann. Mr. Sohl?

Mr. Sohl: Just that the Library Board does meet tomorrow.

President Rattner: Mrs. Kelly?

Mrs. Kelly: Nothing.

President Rattner: Mr. Spino?

Mr. Spino: Just something from the Open Space Committee–we had our meeting last night, and there is a need for–there is a vacancy and, I believe there is a name for that for that position. I thought maybe the next meeting we can discuss it, and the meeting after that, if the Council is so inclined to do, appoint that person. He has attended the meeting knowing that he is not an official member. There was quite a bit of discussion on properties beside Crown Tower Property, Smith Farm, which we are in Litigation with. And, we did discuss most of, if not all the small pieces of property that are in line to be donated to the Township, and the Open Space Committee was readily acceptable to acquiring those, and throughout the Township if possible. And, there’s also another discussion of a piece of property that the Chairman is working on–I’m not at liberty right now to discuss any more than that, but there is a large piece that we will be looking at. That’s all, Mr. Chairman, thank you.

President Rattner: Thank you, Mr. Spino. Mr. Scapicchio?

Mr. Scapicchio: The Board of Health–two things that may be of some interest to the Council. One is–with the upcoming mosquito season, the Board was concerned with the West Nile problem, and they’re looking into who has the responsibility to maintain some of the detention and retention basins and ponds within the Township. Because some are maintained by the Township, some are maintained by a private Homeowner’s Association.

Mr. Scapicchio (cont’d): Frank (Wilpert) thinks the County Mosquito Commission may very well, but he’s going to follow up to make sure that somebody at least does the inspection of standing water. The other thing is, we have begun our Inter-local Agreement with Netcong. We’ve already begun to do some of their food establishment inspections. Frank says that all is going well, and they’re happy.

President Rattner: Okay. the only thing I wanted to report on, is just a horrific fire that we had in our Flanders section of Town on Sunday. It was really worse than any newspaper could describe it–when you lose a whole family. The Mayor and I were down there for probably most of that, watching the heroic efforts by our emergency personnel. We had some minor injuries, and just looking at some of the Firemen’s fire suits, which are fire proof, that were actually melted because they kept trying. It was just terrible that regardless of their effort, nothing could be done. So, I know I’m speaking for the entire Council that our prayers and our hopes go out to the family that they could somehow recover, and also the appreciation of all the members of our Emergency Squads and the area Towns that assisted, that tried their very best. They really went far beyond the call of duty. I now open up the Public Portion. Is there anyone who would like to address the Council on any matter?

PUBLIC PORTION

Mr. Dave Steward, 19 Budd Lake Heights Road: Good evening. I wanted to comment on the subject around the New Jersey DEP issue that was brought up earlier here, by Mrs. Kelly and Mr. Dorsey. And, want to indicate that it’s just simply not going from 50 units to six units. I don’t want anybody to be led to believe here that that’s the only thing that that particular Regulation–which is 32:NJR6-97, discusses. Part of that is that the Local Wastewater Management Planning entity must amend the current Watershed Management Plan to reflect the new standards. Those standards are, amending the groundwater impact–that’s the Nitrite dilution modeling for compliance with the Anti-degradation Policy; an Amendment to Riparian Corridor Analysis; an Amendment to the Pollutant Loading Analysis; an Amendment to Depletive and Consumptive Water Use Analysis; and Amendment to the Land Use Analysis–this is existing Land Use and cover and changes due to the development. It also has an Amendment due to Environmental Build-out Analysis, this is the projection and impact of build-out under Local Zoning; as well as alternative analysis–this includes alternative wastewater in site-plans; including non-build options. Part of this has to be amended by, again, the Local Wastewater Management Planning entity, and a Public Hearing has to be held. So, it’s simply not going from 50 to 6. There’s a lot more, and I don’t believe the Township has an Amendment to any of these things. Also, a question to the Council, is, who is, in this Township–or, what entity is the Local Wastewater Management Planning entity? What Body, in this Township, comprises the Local Wastewater Management Planning entity? Who fulfills that function?

Mr. Spino: The only one I could say is our Township Engineer handles that through–our Engineering Consultant originally developed a Wastewater Management Plan–

President Rattner: The Council is the one who accepts that.

Mr. Spino: Yes, we accept the Plan, but he–he and his company–

Mr. Steward: What entity would be holding the Public Hearing?

Mr. Spino: The Council.

Mr. Steward: The Council. So, in a sense, you’re the Wastewater Planning Entity.

Mr. Spino: I guess you could say that. Yes.

Mr. Steward: Okay.

President Rattner: Mr. Bonte?

Mr. Bonte: Richard Bonte, Budd Lake. I don’t know whether anybody on this Council here, or on the Planning Board understands how serious and how far reaching this Executive Order and new Regulations by the DEP are. But, basically, these new Regulations will stop all approvals and development of any Subdivision of six units or larger with septic systems until such time as the Local Wastewater Management Planning entities of each Community in the State do the proper analysis to Amend their plans to meet all of these new, much stricter requirements. And then, after that analysis is complete and the Plan is amended, there is a Public Hearing at the Local level. After it is approved at the Local Level, it must go to NJDEP for their approval. And only upon approval by the NJDEP, can the Planning Board then approve any of these developments. Governor Whitman Mr. Bonte (cont’d):discussed this in her Address to the State on January 2. I’ll read some of the summary–and this is from the State’s Webpage. “Comprehensive Environmental Assessments have been applied to the development areas with sewers since January, 2000, when the Governor issued Executive Order 109.” This action, the current action that she took on January 2, will level the playing field between projects developed on sewers, and those using septic systems by requiring a comprehensive environmental assessment supplied to both types of development. Developments discharging more than 2,000 gallons of wastewater per day–and that translates into six homes or more, would be carefully reviewed. This includes residential developments of six or more units in comparable commercial development. Wastewater facilities that discharge to ground water, including residential and commercial developments using septic systems have potentially significant cumulative impacts on ground water, surface water quality, water supply, and eco-system health, requiring comprehensive assessments not only for sewer service areas, but also for septic development will insure protection of our water resources. Development on septic systems can have a significant impact on water quality. In many areas, the State’s waters are not meeting minimum water quality standards, and are not supporting healthy aquatic eco-systems. The most frequent pollutants exceeding surface water quality standards are fecal chloroform and phosphorus. These pollutants are associated with development including those using septic systems. In January, 2000, Governor Whitman signed Executive Order 109 which directed the Department of Environmental Protection to use its full authority to require a comprehensive environmental assessment before approving any major new or expanded wastewater system. This Assessment will now apply to septic developments. In the Executive Order 109, it discusses the Water Quality Management Planning Rules, and the Amendments that must take place. And those Amendments must include–but not to be limited to an evaluation of depletive and consumptive water use, detailed land use environmental build out, and pollutant loading. All the things that Mr. Steward just referenced and were covered in a letter that you received as a copy. I also have a copy of the proposed regulations which go into effect on the 20th. And basically what these regulations do is they revoke the Water Quality Management Plans for every Community in this State for developments of six units or larger. Now, what I don’t understand is, if this Community stated objective and as stated by the Mayor, is to try and curtail and reduce development, this Community should be welcoming this, not looking for ways to not implement this. This is a tool--

Mr. Spino: Who said we’re not--

Mr. Sohl: I don’t understand the comment, Rich.

Mr. Bonte: What I heard this evening is basically a minimizing of this. I know what we’re getting from the Planning Board. I know the input I’m getting from Mr. McGroarty. But none of this means anything. We don’t need to worry about this, we continue to march forward. Let the State worry about it. The issue–

(INAUDIBLE)

Mayor Licitra: Where did you hear that from the Planning Board? I don’t understand what your comment–I’m sorry, Steve.

President Rattner: Let him finish, then we’ll have comments.

Mr. Bonte: The point I’m trying to make is, this is not only a tool being given to you by the State to curtail or reduce development. It’s an Executive Order. It says you have to follow this.

Mr. Spino: But nobody said anything.

Mr. Bonte: Well then, I don’t see what the problem is with passing a Resolution requesting that the Planning Board–now I realize that the Planning Board is a Autonomous Body. However, a strong statement from this Council that you not only support this Executive Order, but request that any developments that are on their plate that are not approved by March 20th, that involve subdivisions of six units or more with septic systems, be put in abeyance until such time as the State of New Jersey–first of all, until such time as the Townships within this State amend their Wastewater Quality Management Plans, and have them approved by the State of New Jersey. Because we don’t know what those new requirements are going to spell out. They could change the scope of any of these new developments drastically, as we stated in the letter, “Why waste the Public’s time, the Planning Board’s time, and the Applicant’s time until we know what those new standards are?” The whole intent of this Regulation has been in the newspapers–the whole intent of this regulation is to reduce development in sensitive areas of New Jersey. Basically areas without sewer systems. That’s the intent. This is what the State of New Jersey would like. Here’s a tool that we have to say to the developers, “Look, this isn’t our fault. This is the State that has imposed this. Until such time as we know what the regulations are, we can’t hear your application because we don’t know where it’s going to go.”And that’s what I would like to ask of you gentlemen this evening, and ladies, is to pass a Resolution stating that you support this action by the State, and you request that Mr. Bonte (cont’d): they hold in abeyance any applications that will have an approval date of after March 20th. This is what the State would like, and this is what we would like. And I think it’s the best thing you can do for this Community, and it doesn’t cost you anything. Every time we talk about Open Space in this Town, it costs us money. Here’s an opportunity to reduce development and it doesn’t cost you one penny. Thank you.

Mr. Heymann: Once again, as I indicated before, I don’t think it’s the position of this Council to dictate to the Planning Board a position. I believe that they are qualified. They understand what the rules are. They see what these new changes are from the State, and I don’t think that’s appropriate. Secondly, I don’t agree legally that there should be a stop. I don’t think that we can tell the Planning Board to hold in abeyance applications that are pending. Any Applicant that makes an application is bound by whatever rules are in effect at that time. If this goes in effect prior to any application being granted, or anything greater than six lots, then they will have to go–and my understanding is–and I dabble once in a while in Planning Board work, is, the State is going to now instead of the Municipalities having the design of septic systems to go in at something greater than six lots, the State is going to be one uniform regulation so they take away from the Municipalities the ability for municipalities to grant septic design approvals sometimes where it’s not a set, uniform standard. The State now is going to take over that duty. But, I don’t believe that’s our position here to do. I’m fully cognizant of that because of some Planning Board work that’s going on. But, my applicants know that they’re bound by whatever goes in at that point in time. So I am not prepared to issue a Resolution to that effect. Mr. Spino is here, the Mayor is here. They both sit on the Planning Board. I can’t imagine that they’re not aware of that regulation and what’s going on. So, I think that everyone’s well covered. They’re going to go down to the meeting and say it was a discussion at the Council. Council is aware of this, and I don’t think legally we have a right to do that.

Mr. Sohl: I agree with Ron. And I heard maybe a different request earlier–and that was a request, I think to request the Planning Board to specifically not hear anything between now and March 20th. And I don’t think that’s our place. Whether or not they can complete an application between now and March 20th–I don’t even know what’s on their upcoming schedule. And the 20th is a week from now, today is the 13th. So whatever comes up before them, they will have to deal with, between now and then. Once the 20th comes, assuming the regulations are as Mr. Bonte indicates–whether they are or aren’t, they certainly have some type of impact on what has to go forward from the 20th on. And, clearly, that’s the role of the Planning Board Attorney and the Planning Board members. I have no problem–and I have every confidence that they will do what is legally proper in order to meet the Executive Order under State Statutes.

President Rattner: Thank you, Mr. Sohl. Mrs. Kelly?

Mrs. Kelly: Well, after listening to Mr. Bonte, I’m a little concerned now as to when those State Regulations come into effect. Do we have to adopt them, and then does that mean we have to go through two Public Hearings?

Mr. Dorsey: Let me answer that very quickly. We do not adopt the regulations that have been promulgated by the DEP. That is not our function. There may be things that we will be called upon to do, but we do not adopt those Regulations. They are adopted by DEP, and everybody–whether it is the Planning Board, Developers, or the Township, will have to comply with those particular regulations. So that’s a done deal.

Mrs. Kelly: We don’t have to go through a process of adopting into our local Code?

Mr. Dorsey: No.

Mrs. Kelly: That’s what I’m concerned about–that could possibly take longer than the 20th.

Mr. Dorsey: No. The answer is very simple. Those things are issued as State Regulations under the Administrative Code, and they are the Law now, and they simply become enforceable after March 20.

President Rattner: Charlene, I think where you’re getting confused–there are certain things we probably have to do, like the Wastewater Management, and things like that, we may have to redo ours, or update it. Until that point, reading of the directive that we may not be able to prove anything until we have the new–

Mrs. Kelly: Well, that’s what I’m concerned about–

President Rattner: That would be our responsibility–but if we need that–if the Law says you need to have that updated, then we can’t do much anyway until we actually accomplish it.

Mrs. Kelly: Is there something that the Town Council has to do between the 20th and a certain date in order for those laws to be in effect?

President Rattner: No. The Laws will go into effect, we have to obey them as of the 20th, whether we like it or not.

Mrs. Kelly: Regardless of whether we have this Wastewater Management Plan?

Mr. Dorsey: The Administrative Code will be enforced as of March 20th. It may be that no Developer can get a final approval or a Subdivision of more than six Lots until we readopt or Amend our Waste Management Plan–

Mrs. Kelly: That’s what I’m talking about–

President Rattner: I knew that’s what you were getting at.

Mrs. Kelly: I want to understand this clearly. In other words, after the 20th, a Developer could not get an Application until this Town Council approves or Amends our Wastewater Management Plan.

Mr. Dorsey: No, we didn’t say that. We didn’t say that. After March 20th, an Applicant before the Planning Board will have to fully comply with the new Rules and Regulations issued by NJDEP.

Mr. Sohl: That may or may not lead to a non-approval.

President Rattner: And I don’t think all the regulations by the DEP–like the last one with the sewers, are in place yet. Which means there’s a lot of things you can’t do. There are a lot of sewer extensions held up because there are no regulations that the DEP has approved.

Mr. Heymann: My research on that–the new regulation going in is that, the Planning Boards may or may not grant–properly grant approval contingent on them going to Trenton now–

Mr. Dorsey: Ron, why even get into that. Because that’s how the Planning Board is going to handle a particular application–

Mr. Heymann: All right, fine.

Mr. Dorsey: Let’s not confuse the situation. Those rules and regulations promulgated by DEP do not have to be approved by this Governing Body for them to become effective. I mean, you can either approve them, or disapprove them. They are the Law as of March 20.

President Rattner: Are you finished Mrs. Kelly?

Mrs. Kelly: Yes.

President Rattner: Mr. Spino?

Mr. Spino: Yes, thank you, Mr. Chairman. First, I would like to say, I would personally accept any means to help curtail development in this Town. Rich, I’m sorry, I agree with you on a lot of things, but if you’re insinuating that we’re not doing that, I believe you’re totally incorrect. I would–I was going to say, “Get in a League with the Devil” but that’s kind of trite. But, I would do my best, and take almost–maybe some things that aren’t even legal if I could, to support a slowing down or curtailing of development. That’s the first thing. Secondly, I prefer a letter–instead of a Resolution–and I willing to ask my colleagues on the Council that are in favor of doing that to sign that letter to Planning Board, not just over the President’s signature, but I would sign it, and I would move that the Planning Board that we do something–whatever we can as far as legally is concerned, and maybe even–there’s too many lawyers in the room here tonight–

Mr. Dorsey: Yes, and there will be Lawyers reading this Record so–

Mr. Spino: All right. But I would move that we at the Planning Board level, if we can, to curtail development. Any development.

President Rattner: Mr. Scapicchio?

Mr. Scapicchio: Just–I, and I believe everybody else up here will be fully prepared to follow each and every rule that’s set forth within that Executive Order as of March 20th and March 21st, and we use it to our advantage to try and limit to the extent if we can development in the Community.

Mr. Dorsey: No, I think what you want to say is, you don’t wish to limit development, you wish to see that only developments that will not impair the environment are approved.

Mr. Scapicchio: Thank you, John.

Mr. Dorsey: I had too many quotes by Mr. Spino read back to me in the Mt. Olive Complex Trial.

President Rattner: Thank you, Mr. Scapicchio. I’ll just add–one of the things–and I became aware of this a couple of weeks ago–because it was discussed at the County Level, and then some of the newspaper articles. Once we start getting regulations–and it looks like it’s very burdensome–and I could also already tell by the homebuilders and a couple other groups that already filed suit on it that it probably is. But at the same time, I’m just hoping that the legitimate things that we want to do that are good for the Town that make sense aren’t going to cause us undo hardship to try and get them accomplished. Because sometimes when they write the Regulations–especially dealing with the DEP–but it looks like it is wide ranging and comprehensive. And, the fear is, by the homebuilders that it is going to slow it down quite a bit. And the only thing I’ve heard is that we’re going to see a lot of little subdivisions of five houses or less. But then you’re not going to get a lot of infrastructure in. But we’ll put together a letter. Does everybody from the Council want to sign it, because I’ll send for everybody.

Mr. Spino: I’ll sign it.

President Rattner: I just want to make sure because after we get it together then Lisa has to find everybody.

Mr. Dorsey: Earl has to sign it.

Mr. Spino: You can sign my name.

President Rattner: Well, you’re around.

Mr. Heymann: Can we have that letter reviewed by John so we don’t set ourselves up for a good Appellant argument if somebody comes in. Just to make sure it’s legally correct?

President Rattner: Okay, anybody else from the Public?

Mr. Bonte: First of all, could I ask what the substance of this letter is going to address? What are your thoughts on what it’s going to say? I’m just curious.

President Rattner: We just said it would be that–the regulations we assume they’re going–the new regulations.

Mr. Bonte: Because I want to tell you something. I don’t think any of the Planning Board members knew about this–from the ones that I’ve spoken to. I think this has come as a surprise to most of the people on the Planning Board, which it shouldn’t because it’s been knowledge for a while.

Mr. Dorsey: It certainly didn’t come as a surprise to Mr. McGroarty. McGroarty certainly knew about it and has discussed it over a long period of time.

Mr. Bonte: That’s true, Mr. Dorsey, and I wonder why that was not brought to the attention of the Planning Board members at meetings this year.

Mr. Dorsey: Obviously, I can’t go into that.

Mr. Spino: That I can’t answer, but I’m almost positive–

Mr. Bonte: You said “obviously” and I will interpret it as that way.

Mr. Spino: –that the Planning Board Attorney did send us information about that. Now, whether everyone kept that information, or really knew about it, I can’t say.

Mr. Bonte: And just to clarify something that Mr. Heymann stated–because I want you to all understand that this Order–and you can read it–requires that Wastewater Management Plans be amended to include these stricter requirements. And until such time as the Wastewater Quality Management Plan is amended and approved by DEP–now I’m talking about the Local Wastewater Management Plan. We have to bring our Plan for this Township in compliance with the new regulations. We have to show all those issues–

Mr. Dorsey: Hey–you want to do something–Council President, why don’t you write a letter to the Township Engineer and ask him to advise us based upon these new rules and regulations that we know that he’s familiar with, whether he recommends, or whether or not any amendments to the Plan that he previously prepared and was adopted–I don’t know, about five or six years ago–are appropriate.

Mr. Bonte: Well, Mr. Dorsey, to give you one piece of input of what you’re probably going to get back from Mr. McGroarty, he’s probably going to tell you he doesn’t know yet because the DEP has not sent the Regulations out. And this is our point. Our point is, why would we want to, as a Township, proceed with evaluating developments when we don’t know the standards for those developments. Everything I hear at every Planning Board Meeting I go to, their plate is overflowing. Developers are waiting six months to a year to get projects heard and brought to completion because they’re too busy. This is a method that you can suggest to them to clear their plate. Handle what you can handle, why proceed on things that you don’t even know what the standards are going to be. I just want everybody to understand that there is action the Town has to take. We don’t know what it is yet. Chuck (McGroarty) indicated to me that it’s probably going to be rather time consuming and expensive.

President Rattner: Mr. Spino, at the next Planning Board meeting, since you are our representative on there, that you would at least say that it was discussed and--

Mayor Licitra: We’ve already got it scheduled, Steve.

President Rattner: Okay.

Mayor Licitra: It’s going to be discussed the first thing. We’re going to make some time for it.

Mr. Bonte: Okay. I thank you for your time here because, unfortunately, the Planning Board does not run like this Body, and they’re prohibiting us from reading this letter into the Record. That’s true, Mr. Spino. We’ve been prohibited from reading this into the Record.

President Rattner: Thank you, Mr. Bonte. Yes, Ma’am?

Mrs. AnnMarie Steward, Budd Lake: Mr. Rattner, this is in part about what you spoke of earlier, the fire in Flanders. It just brought, again, to my attention the fact that we have no regular Fire and Rescue in this Town. Is there any plan for that ever? Has there ever been an assessment done as to the needs of this Town on any regular, full-time Fire Department? Our comparisons with Towns the size and population of Mt. Olive, those that have them, those that don’t?

Mr. Spino: Full time employees?

Mrs. Steward: Yes. Fire Department. This isn’t to speak–the volunteers that we have do a wonderful job. But there’s a time element involved here when you’re dealing with volunteer Fire Departments as opposed to a regularly manned Fire Department, that I think comes to issue, and I think it just really came home to me this week with this fire. And then to walk in this building and see all the pictures on the wall for all the stuff that’s going to go on at Turkeybrook for athletic fields, but we can’t protect the lives of these children with a regular Full-time Fire Department just astounds me. I just think our priorities are totally, totally backwards.

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

Mr. Ray Perkins, Mt. Olive Pride Committee: Members of the Council; Mr. Mayor; Business Administrator, Mr. Kaplan: I looked at the Ordinance where we’re going to be repainting some of the tanks–the water tanks that the Township presently owns, and I would ask the Council to consider the possibility of having the Mt. Olive Logo emblazoned on to those tanks, as well as the possibility of having the slogan added to those tanks. I do know you’re probably going to have to remove some of the brush when you go up to sandblast them, and then you go to paint them, and it would be a nice idea when people flew overhead if they could actually see the Mt.

Mr. Perkins (cont’d): Olive Logo on top of the tanks, and if we could also put some logos on the side. So, I would like you all to consider that before you pass the next set of Ordinances that you’re getting ready to do in two weeks. Thank you.

President Rattner: Thank you. Is there anyone else from the Public? Seeing no one, I will close the meeting to the Public and take final Council Comments.

COUNCIL COMMENTS

Mr. Heymann: None.

Mr. Sohl: Thank you, Mr. President. I will formally announce tomorrow to the daily newspapers–I’ve already notified the Mt. Olive Chronicle, I will not run again in this upcoming election for Council. I have had a very significant increase in responsibility related to my job and, as I told the Chronicle, there’s only so much you can do, something has to give, and I’d rather be–put us in a position where people have adequate notice to run for the seat, and that I’d rather do what I can do appropriately rather than do any one or more things that I’m involved with on a substandard basis. The people of this Town deserve dedicated Officials and I just believe that the increased responsibility that I have now would put a jeopardy on my ability to devote the kind of attention it requires. So, I will join Mr. Heymann this year at a farewell party. However, I will be happy to attend next year, the incoming slate of whoever that happens to be.

Mr. Heymann: Please schedule his plaque day for another day so that we have two separate days.

Mr. Scapicchio: Who said you were getting a plaque?

Mr. Heymann: Well, I’ll get my own if I have to. I’ll get my own, give it to Lisa (Lashway) to give it to me.

Mrs. Kelly: Nothing at this time.

Mr. Scapicchio: Nothing.

President Rattner: And I have none.

Motion made for adjournment. All in Favor, None Opposed. The Meeting was adjourned at 8:25pm.

______________________

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 April 10, 2001.

________________________

LISA M. LASHWAY

Mount Olive Township Clerk

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