Mount Olive Township Council Minutes
March 28, 2000

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

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

ROLL CALL: Present: Mr. Heymann, Mr. Guenther, Mrs. Kelly, Mr. Spino, Mr. Rattner (7:40pm)

Absent: Mr. Scapicchio, Mr. Sohl

Councilman Heymann: I would also like to acknowledge the attendance of the Mayor, Paul Licitra; the Acting Business Administrator, Bob Casey; the Township Attorney, John Dorsey; and Township Clerk, Lisa Lashway.

Presentations: Raynour Rudolph (Employee of the Year)

Mayor Licitra: When I came into Office I said I was going to make some changes, you can see by the parking spaces, we did have our Employee of the Month, and Employee of the Year. It is very difficult the first year to see who is the Employee of the Year because we didn=t have a year under our belt. But, if anybody has dealt with Rudy before, you know that Rudy is our longest employee in Mt. Olive Township and Rudy has been one of our finest employees. Rudy is Abluh, bluh@ years old, and he is a pleasure to be with. He always has a smile on his face, and he=s always at work early in the morning and he=s always doing his job. So, it=s a pleasure to present this to Rudy, as Employee of the Year, for the Year 2000. In appreciation for your 24 years of dedicated service. Rudy, personally, it=s a pleasure to be working with you. We had to do this early because Rudy gets to bed about 8:00pm.

Mr. Rudolph: I put in a full 12 hours a day at workBnot only at Mt. Olive, I work at other municipalities. But, all my life, that=s all I=ve ever done, that=s all I know. For 12 hours standing on my head. I hear people moan and groan about an 8 2 hour day, but I enjoy what I do. It=s an old cliché, my dad told me, AWhen you find a job that you love, you never have to work again as long as you live.@ And he was right. Thank you very much.

Mayor Licitra: Thank you, Rudy.

ADMINISTRATIVE REPORTS: NONE

LEGAL REPORTS: NONE

APPROVAL OF MINUTES OF PREVIOUS MEETINGS:

November 23, 1999 Present: Mr. Rattner, Mrs. Kelly, Mr. Sohl, Mr. Scapicchio

Absent: Mr. Heymann, Mr. Licitra, Mr. Spino

March 21, 2000, Closed Session Present: Mrs. Kelly, Mr. Heymann, Mr. Spino, Mr. Rattner, Mr. Sohl

Absent: Mr. Guenther, Mr. Scapicchio

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

ROLL CALL: Passed by the majority:

Mr. Heymann, Mr. Licitra, Mr. Spino, Mr. Guenther: ABSTAINED on November 23, 1999

Mr. Guenther ABSTAINED on March 21, 2000.

CORRESPONDENCE

Letters From Residents

1. Letter received March 17, 2000, from Stanley Roedel regarding permit applications for Firetower LLC (Crown Tower Estates).

School Correspondence

Resolutions, Ordinances, Correspondence from other Towns

2. Ordinance 7-2000, received March 14, 2000 from the Township of Roxbury to Amend Chapter XIII, Land Use, Section 13-7.5 Zoning Map of the Revised General Ordinances of the Township of Roxbury, County of Morris, State of New Jersey.

3. Resolution received March 15, 2000 from the Township of Roxbury, Requesting the Legislature to explore a Program to Make the homes of income qualified senior citizens AAffordable@ through property tax relief

to be provided by Municipal affordable Housing Trust funds.

4. Ordinance 8-2000, received March 14, 2000 from the Township of Roxbury to Amend Chapter XIII, Land Use, Section 13-7.5 Zoning Map of the Revised General Ordinances of the Township of Roxbury, County of Morris, State of New Jersey.

5. Resolution received March 20, 2000 from the Borough of Netcong AMunicipal Development Impact Fee Authorization Act.@

6. Resolution Received March 23, 2000 from Washington Township RE: Public Hearing on Revised Housing Element of the Washington Township Master Plan.

7. Resolution received March 23, 2000 from the Borough of Lincoln Park RE: Support of ACS-1848.

8. Resolution received March 23, 2000 from the Borough of Lincoln Park RE: Opposition to Proposed HCFA Changes.

League of Municipalities

9. Notice received March 13, 2000 from New Jersey State League of Municipalities RE: New League Publication, 2000 Legislative Roster.

10. Notice received March 15, 2000 from New Jersey State League of Municipalities RE: A-1309/S-866, Access to Records.

11. Notice received March 21, 2000 from New Jersey State League of Municipalities, RE: Cable Television Advisory Service

12. Notice received March 21, 2000 from New Jersey State League of Municipalities RE: League Seminar, Applying Local Service Partnerships in New Jersey.

DOT/DEP/Permits

13. Letter received March 16, 2000 from State of New Jersey DEP, RE: Dam Classification at New Jersey Foreign Trade Zone, Mt. Olive Township, Morris County.

14. Letter received March 16, 2000 from State of New Jersey DEP, RE: DPC Cirrus, Inc. Phase 1A & 1B, Notice of Return of Application for Administrative Deficiencies Mt. Olive Water Department PWSID No. 1427005.

15. Letter received March 20, 2000 from Glasson Environmental Services RE: Notification of Application for Transition Area Waiver, Averaging Plan GE file #1078.

Correspondence from Organizations/Committees/Boards

16. Letter received March 15, 2000 from the Mt. Olive Township Historical Society rE: Rededication of the Mt. Olive Township Veteran=s Monument during the Memorial Day Celebrations on May 29, 2000.

17. Equalization Table, County of Morris received March 20, 2000.

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

18. Notice of Claim received March 13, 2000, from David Gruber, Esq. in the matter of Michael Domen.

Land Use/Development Matters

COAH

19. March 2000, Newsletter received March 20, 2000 from COAH.

Correspondence from Cable Networks/Utilities

20. Letter received March 15, 2000, from Metricom, Inc. regarding Wireless Internet Access.

Correspondence from Legislative Representatives

Notices

Vice President Rattner stated that we had received 20 items of correspondence and asked Council if there were any comments on same.

Mrs. Kelly: I read the letter from Stanley Roedel, and I thought it was extremely professional and good, that he sent to the DEP.

ORDINANCES FOR PUBLIC HEARING

Ord. #7-2000 An Ordinance of the Township of Mount Olive Amending and Supplementing Section 196-57 of the Township Code Entitled AService Charges.@ (increase in sewer rate for commercial users at Cloverhill STP)

Vice President Rattner opened the Public Hearing on Ord. #7-2000

Mr. Bonte: I would like to ask how the increase was arrived at?

Mr. Dorsey: The same percentage.

Mr. Casey: The exact same percentages as applied against the resident users.

Mr. Bonte: We have an Ordinance in Town that determines how Water & Sewer Rates are to be established. It specifically addresses Commercial customers and the Garden Apartments. And that Ordinance states that the charges shall be whatever the costs are to provide the service, plus 20%. I would like to know if we know what the costs are and have determined this rate increase based upon the actual cost it is costing the Township to provide the services for the commercial and garden apartments, and the rate was set appropriately. I don=t believe that this is in keeping with our Township Ordinance.

Vice President Rattner: In Cloverhill, I don=t believe that there are any Garden Apartments. Remember, this is only down there--I know the Ordinance that we did have was specific to the Village Green, because we actually have two different sets of charges.

Mr. Bonte: But the Ordinance relating to commercial establishments and Garden Apartments, I believe, states that the cost of providing the services is to be determined, and the Township can charge an additional 20% on top of that. I=m wondering if we have done that to determine what the true costs should be to these commercial customers.

Mr. Casey: To the best of my review of those ordinances, and I think you indicated right, that specific section refers to bulk rate ordinances. We have a user charge for a large complex like Village Green. The other section that is referred to in this is a different section of the Ordinance, totally. That section refers to Village Green, there is a 20% surcharge added to the Village Green, and that=s part of the large metering. We don=t meter down to the smaller units, it=s a bulk rate charge, but we do add 20% to that fee.

Vice President Rattner: What I can say is, we want to increase the rates so we can get the higher rate, at least at this point, we=ll review itB

Mr. Bonte: But this Ordinance is for Garden Apartments and for Commercial/Industrial type facilities. Is that correct?

Mr. Casey: I believe this Ordinance goes to Cloverhill

Vice President Rattner: There are no Garden Apartments in Cloverhill. The ratesBbecause we always had a separate set of rates for Cloverhill, we=d have to go back and check the Ordinance because we actually charged based on the usage. What happened here, with the commercial, we didn=t separate metering, and we basically used the cost, with the MSA charges, and we added a charge for our maintenance of the pipe. But, Cloverhill is self-sustaining, and that=s the way we want to continue to go.

Mr. Bonte: I don=t believe the Ordinance separates the commercial establishments and garden apartments by which system they=re on.

Mr. Casey: There are two separate specific rate structures. One deals with Cloverhill, the other deals with Budd Lake.

Vice President Rattner: Mr. Bonte, we appreciate the comments, and we=ll look into it, and if it=s not right, we=ll adjust it, but right now, this is increasing the rates at least 32%. Until we do it, we can=t charge the higher rate. And I think that=s very important, but, we=ll look into it, and if we have to, we=ll revise it right away.

Mr. Bonte: Well, I just think we ought to find out what the rate should be, whether it=s more or less than this increase.

Vice President Rattner: You=re saying until we determine thatBnot increase the rates at this pointBto at least cover costs?

Mr. Bonte: Well, that=s what I would do.

Vice President Rattner: Thank you, Mr. Bonte. Is there anyone else from the Public who would like to address this Ordinance?

Vice President Rattner closed the Public Hearing on Ord. #7-2000

Mr. Heymann moved for Adoption and Final Passage on Ord. #7-2000 and Mr. Spino seconded the motion.

ROLL CALL: Passed Unanimously

Vice President Rattner declared Ord. #7-2000 as Passed on Second Reading.

Ord. #8-2000 An Ordinance of the Township of Mount Olive Vacating All Public Rights in and to Gold Street. (requirement of Planning Board - off Goldmine Road)

Vice President Rattner opened the Public Hearing on Ord. #8-2000

Vice President Rattner closed the Public Hearing on Ord. #8-2000

Mr. Guenther moved for Adoption and Final Passage on Ord. #8-2000 and Mr. Heymann seconded the motion.

ROLL CALL: Passed Unanimously

Vice President Rattner declared Ord. #8-2000 as Passed on Second Reading.

ORDINANCES FOR FIRST READING

Ord. 9-2000 An Ordinance of the Township Council of the Township of Mount Olive, County of Morris, State of New Jersey, Certifying the Budget of the Solid Waste District of the Township of Mount Olive and Authorizing the Collection of Cost by Taxation

Mrs. Kelly moved that Ord. #9-2000 be introduced by title and passed on First Reading and that it be scheduled for Adoption after a Public Hearing on April 11, 2000 at 7:30 p.m. Mr. Spino seconded the Motion.

Vice President Rattner: I just want to say, I=ve gone over this Budget Introduction with Mr. Casey. The Budget is really, with one exception, just status quo from last year. No additional man-power, no additional items. There=s an adjustment in there for fuel, obviously the normal pay raisesBcontractual pay raises. And one quarter of the Public Works Director that we expect to hire very shortly. There is one item that=s in the Budget that Mr. Casey put in as an operating expense, and that is for the purchase of a garbage truck. In the Budget package you got last week, you=ll see he gave a five-year plan of purchases in his Budget proposal. Now, he=s saying that since he=s proposing that we buy a truck a year for the next few years, it doesn=t make any sense to go out for Bonding, and do it the way we normally do large purchases. My concern was, too, one was the fact that it=s a large amount of money, but he is right about pay-as-you-go because it is cheaper. But, the second thing is, we really haven=t discussed the Sanitation Budget. We went back and forth on this, and he convinced me that this is the Introduction to send down to Trenton so we can keep the Sanitation District operating in its present form, and it would be easier to take it out, or reduce that Line ItemBlet=s say if we wanted to put in $50,000 rather than $150,000 into a Capital Improvement Fund, then we could do the truck or even more itemsBat least with the flexibility. But he did convince me, finally, that it would be better to leave it in at this point, and it would be a lot easier when we have the Public Hearing, and we discussed the Budget to reduce it, rather than go the other way around. Since we already have the appointment with the Finance Board in a couple of weeks, it=s probably the most efficient way to go. So, I will agree to Introduce it in its present form.

Mr. Spino: I agree. I will vote to introduce it, but I feel it should be discussed at length.

Vice President Rattner: Any other discussion?

ROLL CALL: Passed Unanimously

Ord. 10-2000 An Ordinance of the Township of Mount Olive Establishing a Committee Designated as the Mount Olive Pride Committee.

Mr. Spino moved that Ord. #10-2000 be introduced by title and passed on First Reading and that it be scheduled for Adoption after a Public Hearing on April 11, 2000 at 7:30 p.m. Mr. Heymann seconded the Motion.

Vice President Rattner: Any discussion?

ROLL CALL: Passed Unanimously

Ord. 11-2000 An Ordinance of the Township Council of the Township of Mount Olive To Amend and Supplement Article II Entitled AIndustrial and Economic Development Committee@, Section 8-13 Entitled AMembership; Terms; Chairman.@

Mr. Heymann moved that Ord. #11-2000 be introduced by title and passed on First Reading and that it be scheduled for Adoption after a Public Hearing on April 11, 2000 at 7:30 p.m. Mr. Guenther seconded the Motion.

Vice President Rattner: Any discussion?

ROLL CALL: Passed Unanimously

Vice President Rattner: The next three Bond Ordinances that we have, the Public Hearing date is scheduled for April 25, 2000. We did not get the hard copy in time to get it to the newspaper to be advertised. There is a requirement of a certain amount of days before the next Public Hearing. We didn't get them in time, so we couldn't make the deadline.

Ord. 12-2000 Bond Ordinance Providing for the Installation of Sidewalks on Wolfe Road and Flanders-Drakestown Road In and By the Township of Mount Olive, in the County of Morris, New Jersey, Appropriating $100,000 Therefor and Authorizing the Issuance of $95,000 Bond or Notes of the Township to Finance Part of the Cost Thereof.

Mr. Guenther moved that Ord. #12-2000 be introduced by title and passed on First Reading and that it be scheduled for Adoption after a Public Hearing on April 25, 2000 at 7:30 p.m. Mr. Heymann seconded the Motion.

ROLL CALL: Passed Unanimously

Ord. 13-2000 Bond Ordinance Providing for the Reconstruction of Bartley-Drakestown Road In and By the Township of Mount Olive, in the Countyof Morris, New Jersey, Appropriating $200,000 Therefor and Authorizing the Issuance of $190,000 Bonds or Notes of the Township to Finance Part of the Cost Thereof.

Mrs. Kelly moved that Ord. #13-2000 be introduced by title and passed on First Reading and that it be scheduled for Adoption after a Public Hearing on April 25, 2000 at 7:30 p.m. Mr. Heymann seconded the Motion.

ROLL CALL: Passed Unanimously

Ord. 14-2000 Bond Ordinance Providing for Dredging of Portions of Budd Lake In and By the Township of Mount Olive, In the County of Morris, New Jersey, Appropriating $260,000 Therefor and Authorizing the Issuance of $60,250 Bonds or Notes of the Township to Finance Part of the Cost Thereof.

Mr. Spino moved that Ord. #14-2000 be introduced by title and passed on First Reading and that it be scheduled for Adoption after a Public Hearing on April 25, 2000 at 7:30 p.m. Mrs. Kelly 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.

Mr. Spino: On #2, I know the Mayor has been working on this--there were some questions, and I know they are coming to the Planning Board--questions on residents complaints.

Mayor Licitra: They've taken care of the lighting, and we're working right now in taking care of the rooftop equipment. Hopefully that will be taken care of. We're dealing with CBL, and they've been more than accommodating. The problem is--I don't think they thought that the rooftop equipment was going to make as much noise as it has. But, you know the way we've dealt with these people. They've been very good and upfront, and very good to us and very good to the Township. So, I'm sure it's going to be taken care of.

Mr. Spino: Okay, I have no problem leaving it as is.

Mrs. Kelly: I have a question on #6. There wasn't a map with it. Could somebody refresh my memory and tell me what development this is?

Mr. Casey: This is just an extension of the water mainB

Mrs. Kelly: I know it is, but I was curious as to where it was.

Mayor Licitra: Bob, that's like the Daily News, Charlene likes pictures, and I agree with her, it's easier.

Mrs. Kelly: "Maps."

Mayor Licitra: A map is a picture. I said I agree with you, by the way, so from now on, we'll supply them.

Mr. Guenther: Are you willing to leave it on the Consent Agenda?

Mrs. Kelly: Yes, but we have a lot of things on the Agenda, most of them are identified, and I just don't know where that is.

Vice President Rattner: Anyone else? All right, I have one I'd like to take off, we need to clarify it--that's #8. We discussed it at the workshop about transfers on the development of the Assessment for the sewers in the Budd Lake areaB

Mr. Dorsey: It was my understanding that if somebody owned a vacant lot and signed up for an EDU and then sold it to a builder, a builder would have to pay off the lien before he got the C/O. Steve tells me that that's not the concept. Steve is saying that the Builder puts a house on it, gets the right to pay it off over the full original 15 years. I didn't think that was--that's not what Bob Casey and I discussed

Mr. Casey: I think there was confusion because there were two issues before us. One is a vacant lot, which is currently paying Assessment. My understanding was, when an owner is currently paying an Assessment on a vacant lot you would allow that Assessment to be carried forward.

Mr. Dorsey: Excuse me, on that vacant lot, even though he then sells the lot to somebody he then builds onB

Mr. Casey: That's what the discussion was last week. The second one was, an unassessed vacant lot where Ordinance #33-99 would come--an unassessed vacant lot would have to pay full freight the moment they came in to the system.

Mr. Dorsey: An unassessed vacant lot is one that doesn't have an EDU.

Mr. Casey: Correct.

Mr. Dorsey: Then let's take #8 off entirely, and I want to redo that.

1. Resolution of the Township Council of the Township of Mount Olive Directing the Removal of the Land Owned by the US Postal Service and Referred to as 1 Mount Olive Road From the Tax Sale List for Which a Tax Sale is scheduled for April 22,2000.

2. Resolution of the Township Council of the Township of Mount Olive Authorizing the Reduction in Performance Guarantees Submitted by Sutton Plaza Shopping Center. (Flanders A&P)

3. 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 DPC Cirrus, Inc. (Water & Sewer extension)

4. Resolution of the Township Council of the Township of Mount Olive RE: Cancellation of Outstanding Checks.

5. Resolution of the Township Council of the Township of Mount Olive Appointing Individuals with Specified Terms to the Mount Olive Pride Committee.

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 Mount Olive Industrial Realty Co., Inc. (330 Waterloo Valley Road)

7. Resolution of the Township Council of the Township of Mount Olive Removing Both the Budd Lake First Aid Squad and the Budd Lake Fire Department from the Budd Lake Sewer Assessment Rolls. (Waiving of Budd Lake Sewer Assessment for Fire and Rescue Buildings)

9. Resolution of the Township Council of the Township of Mount Olive Rejecting the Low Bid of Yankee Coach and Accepting the Bid Submitted by Braun. (Flanders Ambulance Bid)

10. Resolution of the Township Council of the Township of Mount Olive, County of Morris, State of New Jersey to Introduce the 2000 Budget for the Solid Waste Collection District of the Township of Mount Olive.

11. Resolution of the Township Council of the Township of Mount Olive Authorizing the Execution of a Developer=s Agreement Between the Township and Deepak Corp. (Old Budd Lake Motel)

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

Vice President Rattner: Is there any other Council Comments on the Consent Resolutions? Public Comment?

ROLL CALL: Passed unanimously

Vice President Rattner: Mayor, do you want to swear in the members of the Pride Committee?

Mayor Licitra: Yes. John, would you do the honors?

Mr. Dorsey: Certainly. Perkins, and Team, if you would step forward--raise your right hand and repeat after me. I, do solemnly swear that I will support the Constitution of the United States and the Constitution of the State of New Jersey; that I will bear true faith and allegiance to the same and to the Governments established in the United States and in this State, under the authority of the people; and that I will faithfully, impartially and justly perform all the duties of the office of the Mt. Olive Pride Committee according to the best of my ability. So help me God. You are all sworn.

Mayor Licitra: As you know, this Committee has been formed for about a year, and we're just memorializing this at this point. You know the work they've been doing. They have a very aggressive agenda, and the Council liaison is Mr. Guenther. I'm sure that he'll report back on their monthly meetings. I'm proud of this Committee and it's work and I support all the work that it does.

RESOLUTIONS - NONCONSENT

12. Resolution of the Township Council of the Township of Mount Olive Canceling $2,422.51 in Taxes on Property Previously Owned by New Fane, LLC. (open space property dedicated to Township)

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

ROLL CALL: Passed unanimously

13. Resolution of the Township Council of the Township of Mount Olive Requesting an Extension of the Contract Award Date for the Fiscal Year 1998 Discretionary Municipal Aid Allotment from the Commissioner of the New Jersey Department of Transportation for the Construction of International Drive South.

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

ROLL CALL: Passed unanimously

14. Resolution RE: Temporary Capital Budget (companion to Bond Ordinance #12-2000, #13-2000 & #14-2000)

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

ROLL CALL: Passed unanimously

15. Resolution of the Township Council of the Township of Mount Olive Approving Change Order No. 2 in the Amount of $7053.40 for the Waterloo Valley Road Project.

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

ROLL CALL: Passed unanimously

16. Resolution of the Township Council of the Township of Mount Olive Requesting the County of Morris to Take Jurisdiction of Two New Culverts. (International Drive South)

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

ROLL CALL: Passed unanimously

MOTIONS






VENDOR NAME

PURPOSE

AMOUNT








Philip J. Maenza, JMC

Services Rendered as Municipal Court Judge for February, 2000

$2,583.33



Atlantic Salt, Inc.

Delivery of 766.08 Tons of Salt for Snow/Ice Removal

$23,135.62



Certified Aggregates, Inc.

Delivery of 901.15 Tons of Snow Grits Delivered for Snow/Ice Removal

$8,272.56



Jersey Professional Management

Temporary Administrator Services for the Period of 1/17-1/29/00

$4,122.50



Jersey Professional Management

Temporary Administrator Services for the Period of 2/14 - 2/26/00

$4,930.00



Atlantic Salt, Inc.

Delivery of 813.03 Tons of Salt for Snow/Ice Removal

$24,553.51



GPU Electric

Electric Bill for Municipality for March, 2000

$7,664.00



Bell Atlantic

Telephone Bill for Municipality for March, 2000

$4,494.25



Lerch, Vinci & Higgins

Preparation of the Unaudited Annual Financial Statement for Year Ended 12/31/99

$15,610.00



Elizabethtown Gas

Natural Gas Bill for Municipality for February, 2000

$3,568.02



Agway Energy Products

Propane for Road Garage for March, 2000

$2,814.04



Joseph J. Bell & Associates

For Professional Services Provided

$4,515.06



Joseph J. Bell & Associates

For Professional Services Provided

$4,841.50



Joseph J. Bell & Associates

For Professional Services Provided

$5,554.00



WATER & SEWER





RBA Group

Investigate Sewer Odor Period Ending 10/30/99

$8,373.11



WM Stothoff Co., Inc.

Labor & Equipment to Pull Pump and Replace Motor, Village Green Well #5

$4,581.50



RBA Group

Professional Services Rendered From 1031/99 - 11/27/99

$4,828.10



SANITATION





Morris County M.U.A.

Tipping Fees for the Month of January, 2000

$38,311.44



TRUSTS





Lord, Anderson, Worrell, Barnett

Engineering Services Rendered From 1/27/00 - 2/27/00

$3,563.43



SPLITS





Allied Oil Co.

Unleaded Gasoline Delivery for Township Cars

$2,711.70



Allied Oil Co.

Dyed Low Sulfur Diesel Fuel Used by Sanitation & Road Dept. Trucks

$6,438.30



Allied Oil Co.

Dyed Low Sulfur Diesel Fuel Used by Sanitation & Road Dept. Trucks

$5,527.56



ESCROW





Schoor DePalma, Inc.

Professional Services Rendered Re: Koval Development

$2,763.75



Schoor DePalma, Inc.

Professional Services Rendered Re: Rockefeller Group Development

$2,691.25



CAPITAL





Warnock Fleet & Leasing

New 2000 Ford Super Duty F350 Utility Truck for Sign Division

$37,993.00




Ord. #21-99




Tilcon New York, Inc.

Waterloo Valley Road Reconstruction Payment No. 2

$45,729.19




Ord. #21-99




Schoor DePalma, Inc.

Turkey Brook Remedial Investigation

$3,975.00




Ord. #18-95



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

Mr. Elms: I thought the contract for investigating the sewer odor was supposed to be $5,000. Here we have $8,300, plus another one for $4,800.

Vice President Rattner: I know it was a lot more than $5,000.

Mr. Elms: It was the investigating and reporting.

Vice President Rattner: And we got the report about two months ago.

Mr. Elms: What does this represent? Is this the report or? They haven't done anything yet, right? Any engineering.

Vice President Rattner: The contract was just for the report. It was the investigation, and the report for the source and proposals on how to fix it. It was decided that the top three or four items which were minimal costs, we felt that we could do that in-house ourselves because it wasn't digging up any roads, it was filters, it was more flushing and I believe looking at the timing of the pumphouse. But, this contract with RBA was strictly for the investigation and proposal and how to remediate the smell.

Mr. Elms: And I thought that up to the report was $5,000.

Vice President Rattner: No. All right, seeing no other comments, I'll close the meeting to the Public.

ROLL CALL: Passed unanimously

2. Approval of Raffle Application #936 for the Mt. Olive Child Care & Learning Center; Raffle Application #937 for St. Elizabeth Ann Seton Church; and Amendment to Bingo Application #917 and Raffle Application #938 and #939 for the Budd Lake Volunteer Fire Department.

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

ROLL CALL: Passed unanimously

COUNCIL REPORTS

Recreation Report

Mr. Heymann: The continuing problems with Flanders Crossing Field. I need us to agree--I thought we did, we agreed that we would finance the putting up the poles and the netting. I spoke to Mr. Schulte today. We actually were lucky. The poles were donated by Kovach. The estimate to get the poles up and the netting is about $3,500. The netting is going to cost about $2,000, and $1,000 for the labor, and $1,500 to put everything up by Kovach. But I can't get Mr. Schulte to move until he knows we're going to increase his Budget--the Recreation Budget by that amount sometime during the course of this year.

Vice President Rattner: That would be the operating Budget. But what about the capital that we've already put away for the different stages. How much money is left in the Capital Budget that we had to develop the fields to begin with? We had about $300,000 in there, didn't we?

Mr. Heymann: I do not know--

Vice President Rattner: Because I would think that that would be part of it.

Mr. Heymann: I don't have a problem with it. Mr. Casey can adviseB

Mr. Casey: What Capital? The only money that I'm aware of from Flanders Valley is a donation you received from A&P.

Vice President Rattner: How did we build the fields, put in the parking lot, the backstops, the fencing?

Mr. Casey: I don't knowB

Vice President Rattner: That was the Capital Ordinance--

Mr. Heymann: Right. We Bonded that. There might be some money left.

Vice President Rattner: I don't think that there's any question that, to be able to use that field, we have to put up the netting to protect the cars that are driving on the road.

Mr. Heymann: Right. So, if I could just get the reassurance, and we could pass the word on to Mr. Schulte, he'll move forward. Otherwise, he's not doing anything. So, that's problem one, and you can tell me how you want to address that. I have no problems if we can verify that there's money in the Bond Ordinance left over, which I kind of agree with you, I'm sure there's $3,500 left over because I can't imagine that we spent it all. If not, then we do have the money we received from the A&P. I don't know why we couldn't borrow $3,500 since there's some relation to that. I just want to know that we have the consensus from everyone here that we're going to do that. We're faced with a date of April 22. The Mayor has a special event planned down there that day to honor Russ Nagle, and, in his honor, I don't want to see about four windshields smashed as they're driving by. So, I'd like to get moving on that. That's Number One.

Mr. Spino: We have money from the A&P fund, why don't we just take it from there.

Mr. Heymann: That's no problem.

Vice President Rattner: Mr. Mayor, and Mr. Casey, I can't believe that we can't find $3,500 even on a temporary budget.

Mr. Spino: The poles are going to be permanent because this is an item that's going to be installed anyway.

Mr. Heymann: Earl, and Steve--this isn't a problem here. This is my problem when I spoke to Mr. Schulte. He has to be authorized to spend the money.

Vice President Rattner: Well, there's his boss, and boss.

Mayor Licitra: I don't remember the exact language of the Resolution, but did we define that it was going to go for the lighting, or did we say it was going for the fields?

Mr. Heymann: We said "lighting."

Mr. Spino: You might be right. It might be just for the lighting. It might be only for the lighting.

Vice President Rattner: We could change that. But, what I'm saying, Mayor, I can't believe in our Temporary Budget or anything in Recreation. I don't think that anybody here would say that that's not an absolutely necessary item.

Mayor Licitra: Bob is going to check that out. If I remember it correctly, I think it was just for the lighting.

Mr. Heymann: Yes, I think it was. But I want to get the word down to Mr. Schulte and he can make the repairs.

Vice President Rattner: Mr. Mayor, can you tell him to get those in so we can use the field, and Ron can have his field of dreams.

Mr. Heymann: Well, it's not even close to that until I get to Section 2 of what the problem is. I spoke to Eric (Schulte) today about the problem. Again, the grass just doesn't seem to want to grow in that infield to the bases so you have a grass infield. So, he and I addressed, today, possibly getting a road grader down--there's a small one in the Road Department, and see if we can flatten the field down. That field will be the death of me.

Vice President Rattner: I think it should be.

Mr. Heymann: It just depends how long it's going to be around. I imagine the problem in another 50 years, I won't mind.

Mayor Licitra: My conversations with Ron today, we decided, maybe the best thing we could do is, use the field, and the first time I'm going to be on it, I'm going to go to the Recreation League and see if we can not practice on it, and then by that time, if we could get some grass growing on the infield, then we could put some hay on top of the seed, and have the Fire Department keep it moist for the month, and hopefully we can have something that we can cut in a month from now, and be able to save the Opening Day for the Dedication of that field.

Vice President Rattner: I don't think we'll have a problem coming up with $3,500.

Mr. Heymann: Let's get rolling.

Vice President Rattner: All right.

Mayor Licitra: Could I jump on one of his recreation reports? I did receive an E-mail from Howie Weiss from the Marauders that they're going to sell 50 old helmets. First, they're reconditioning them. They're going to sell them as trophies for $100. a piece. I told them I would take one with my own private funds. He asked me to please contact some of my buddies. And you're all my buddies, so if anyone wants to make a donation?

Board of Health Report: NONE

Planning Board Report

Mr. Spino: The Quarry Ordinance was mentioned, but since it was a regular meeting it was not discussed. It will be discussed probably at our workshop. We have a very busy schedule this month. We have five meetings scheduled. Thursday evening is our second Crown Tower meeting, and we're going to go from there. We're trying not to have any more special meetings.

Mayor Licitra: We're going to have some special divorces in some families.

Environmental Commission Report: NONE

Legislative Committee Report

Vice President Rattner: I think our Committee will be ready to meet in the next couple of weeks and I should have a report back to you at that time.

PUBLIC PORTION

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

Mr. Dick Sanner, 45 Waterloo Road, Budd Lake: I want to express my concern for the long term well being for the Township of Mt. Olive with regard to the development known as Crown Tower Estates. For a variety of economic reasons, including an increasing tax burden, road construction, maintenance, school costs, water availability, septic constraints, pesticide and fertilizer runoff and traffic flow, and quality of life reasons, including safety and open space and preservation of wetlands which provide habitat for a number of species which are endangered. I'm opposed to this development. The long run costs to this Township far outweigh the benefits of this project. The key question concerning this issue is the following: Are the Township Council and the Planning Board going to make a decision about this and other proposed developments based on long run, broad perspective, systemic interests of the Township, or short run, narrow perspective interest heavily weighted towards profits for developments? I would be willing to vote for a tax increase in order to purchase this land for Open Space Land Preservation. For the long term cost to the Township of this development far exceed the cost of

Mr. Sanner (cont'd): purchasing this land. Further, I am rather disturbed that letters addressed by title to the Council President and sent to the Municipal Building would be construed as personal communication and not distributed to the entire Council. This such act calls into question the integrity of the political process in the Town and are easily remembered at Town elections. Thank you.

Mrs. Kelly: I would like to get a copy of the letters that were written to Bill Sohl, and his response to those letters.

Mr. Sanner: So that was resolved?

Mrs. Kelly: We had a packet--it just arrived either today or yesterday. This one is specifically to Mr. and Mrs. Robinson. It says:

Thank you for your correspondence indicating your concerns about the proposed Crown Towers development and your suggestion that the Township consider purchasing the 600+ acre parcel. I have forwarded your letters to the Mt. Olive Open Space Committee for their review of your proposal and for their recommendation to the Council. As you must know, there is only a limited amount of dollars available for the purchase of open space and the decision to buy any one piece of property must be carefully weighed against other possible purchases.

If you wish to be notified of any pending meeting during which the Crown Towers property may be discussed with the Council, please let Lisa Lashway, Township Clerk (691-0900 Ext. 290) know and she will have her office do so in the future. At this time, the Crown Towers Development is before the Planning Board and has no direct involvement with the Council.

Respectively, William Sohl.

And this was sent out to everyone that sent a letter to the Council.

Mr. Spino: I just want to say, Mr. Sohl did address that at the last meeting and he did so because those letters were addressed to him and he wanted to formulate an answer to those people.

Mr. Lew Candura: One of the Ordinances this evening was about dredging Budd Lake. There is a rumor about the use of the dredged material and using it to go over the top of the soil at Turkeybrook. Is any of that true? Yes? Has any of that material been tested?

Mr. Spino: Preliminary tested by the DEP.

Mr. Candura: Have any of the results come back?

Mr. Spino: We were told it could be used for this. The Township Engineer said it would be tested again and if it is something that cannot be used, then we won't use it.

Mr. Candura: And during the process is it going to be continually tested, monitored?

Mr. Spino: My understanding is it is.

Mr. Bonte: The last meeting I brought up the issue regarding the make up of the Planning Board. the State Statutes and the Mt. Olive Code. I had asked that the Council President correspond with the Mayor to determine whether that situation could be rectified. Council President obviously is not here this evening. I was wondering if anybody knows--either the Mayor, or you, Mr. Rattner, whether anything on that was pursued?

Vice President Rattner: I don't know. I didn't see a copy of it. I did have that as one of the items I wanted to ask the Mayor.

Mayor Licitra: I didn't get a letter from Bill, but I did ask John (Dorsey) for an opinion on it, and it's being taken care of now. John's opinion is, I can't forcibly take somebody out of a position unless they want to come out of the position, but we're working on it.

Mr. Bonte: You are aware that the State Statute N.J.A.C. 40-56A establishes the Environmental Commission, states that the Commission "shall" consist of not less than five, no more than seven members appointed by the Mayor of the Municipality, one of whom "shall" also be a member of the Municipal Planning Board. N.J.A.C. 40-55D23 states that provided there be an Environmental Commission, the member of the Environmental Commission who is also a member of the Planning Board--doesn't discuss whether it's Class II or Class IV, states that if there is an Environmental Commission, a member as required by Section of the previous 40-56A1, that I read, which establishes the Environmental Commission as required by Section I, also specifically states that the term of that particular member cycle shall be for three years and shall terminate at the completion of his office as a member of the Environmental Commission. Mt. Olive Code 400-24 reamplifies all of these statements again. There are only three positions out of the nine on the Planning Board that are mandatory. That is the Mayor, a member of this Council, and a member of the Environmental Commission. There is a reason for that. A very important reason. Environmental expertise on the Planning Board is extremely important to the State's interest, the County and this Municipality and the citizens that reside in it. The purpose of that member is to convey to the Planning Board Members what the position of the Environmental Commission is on any matters that may effect this Township environmentally. The lack of a member on the Planning Board from the Environmental Commission seriously effects the ability to convey to the Planning Board members the thoughts of the Environmental Commission and possibly influence, or at least convey to those other members environmental concerns within this Township. The State obviously feels that this is an important enough matter to, out of the nine positions make this one of the mandatory positions on the Planning Board. I don't believe that this situation can continue to go on. It's in violation of the State Statute, it's in violation of the Municipal Code, but, more importantly, it's in violation of the spirit of what the State's intent is. And that is, that that expertise be there and the position of the Environmental Commission have a vote on the Planning Board. And to do it any other way convolutes the intent of the Statute. So, I'd like to see the situation rectified.

Mr. Heymann: I agree, it should be rectified, but, I also notice what John said, the fact that we have a member that appears, we can'tB

Mr. Dorsey: Wait. This is what I said. Chuck McGroarty advises me that there is currently a member of the Environmental Commission who is also a member of the Planning Board. I have no reason to doubt Mr. McGroarty when he tells me that. Apparently some people don't like this member, for what reason, I don't know. That's not enough reason to remove somebody. There is a process of removal. But at the moment, it would appear that there is compliance with the Statute--or at least Township's Director of Planning and Zoning believes that there is compliance with the Statute and there is a member, I think his name is Mr. McGoldrick and is a member of the Environmental Commission and the Planning Board

Mr. Heymann: I do want to say to that, John, going beyond, I do a lot of Planning Board/Board of Adjustment work, and I do know--for example, in Randolph, when you have a Board of Adjustment application, they will have a member of the Environmental Commission come to the Board of Adjustment and put on the Record their concerns. So, what I think, Rich, the situation with regard to that member who's on both Boards, while that's being looked at, or maybe it can't be remedied until the end of this year, whatever goes on, still someone from the Environmental Commission can come here and testify and give their input when the Planning Board has a meeting that's environmentally sensitive. At least that way, the information is still being disseminated to all the members of the Planning Board. It may be a little extra work for the Environmental Commission. I understand your concern. If that member doesn't attend the meeting and goes to the Planning Board, there is no flow of information going on.

Mr. Guenther: This goes back to the prior Administration. There was nothing personal against the member from the Planning Board. It was the process. Mr. Bonte is 100% correct. It is supposed to be an Environmental Commission member that gets named as a liaison to the Planning Board. Not vice versa. I believe, my personal opinion is that it was the intent of the prior Administration to emasculate Mr. Guenther (cont'd): the work of the Environmental Commission by naming one of their people that they appointed to the Planning Board to the Environmental Commission, who, in my experience--I may stand corrected--I don't think showed up 50% of the time. But that's a separate issue. But there was nothing personal against that particular member. When he showed up, he was fine. But, it was the process that was involved. That's why I agree with Mr. Bonte. We're continuing something that was subverted by the previous Administration. It should not be continued.

Mr. Bonte: Mr. Dorsey, I hope you weren't speaking for me when you made those statements that there's an individual that some people may not like. I don't know the particular person at all. I know nothing about him and it's not my intent to remove him from the Planning Board.

Mr. Dorsey: Well, it did have the implication that he wasn't fulfilling his obligation as a member of both Boards.

Mr. Bonte: I don't know if he can statutorily fulfill that obligation if he was not a member of the Environmental Commission first.

Mr. Dorsey: No--that is an in an interpretation of the law. Of course, you are not a lawyer, I am a lawyer, and as far as I'm concerned, it doesn't make any difference if he was first a member of the Planning Board and then appointed to the Environmental Commission. He fulfills that statutory requirement. I'm not going to argue with you. If it is like that, then go see Judge Stanton. Because it makes no difference whether the egg came before the chicken.

Mr. Bonte: Well, it may not to you, but, the intent is there. And the reason being so is, typically Commissions and Boards within the Town are made of people that have a fire for that particular issue. Specifically, the Environmental Commission is not made up of people that are looking for something else to add to their tombstone. They're there because they truly believe in the purposes of the Environmental Commission and what that means to this Township. And the State law is quite clear on saying that a Environmental Commission shall be a member of the Planning Board because that expertise is needed. I would like to point out, at the beginning of this year we appointed a number of new members to this Board. The opportunity existed at that time to have corrected the violation of the State and Local codes. I'm not proposing that Mr. McGoldrick be removed. I'm stating that somebody should be replaced by a Member of the Environmental Commission to satisfy not only the intent of the law, but the spirit of the law. Why don't you want to protect your own Township? This is our Township. Why don't we want environmental expertise on what is probably the second, if not most important Township Organization within this Community?

Mr. Spino: I take issue with that, Rich. I do anything I can to protect the environment of this Township and have done so many times. But that's not the issue. I don't believe that that is the crux of the issue. To me, and from what went on at the Planning Board Meeting, and what I heard today, it's a legal technicality that I don't have the answer to We have lawyers, and Mr. Dorsey is one of the best, and he's given you his opinion. We could probably get opinions on the other side.

Mr. Bonte: Well, I don't think that his opinion protects the residents of this Township.

Mr. Spino: But that's his opinion. I can't force him to change his opinion. And I happen to agree with you, and I've told you this many times, it should be the Environmental Board to the Planning Board. And I said it when the previous Mayor made that appointment.

Mr. Bonte: You're the Governing Body.

Mr. Spino: We can't make that distinction. I can't. We've asked for opinions. You asked for an opinion from the Planning Board Attorney, she gave the same opinion.

Mr. Bonte: The Planning Board Attorney did not give me that opinion. She just said that I could not speak to the Planning Board that night on that issue.

Mr. Dorsey: Well, that's even a better opinion than I gave.

Mr. Bonte: Sure, any time citizens can be muzzled, Mr. Dorsey, that's a good thing for Government.

Mr. Dorsey: I mean, I don't care who's appointed.

Mr. Bonte: I don't care either. It just needs to come from the appropriate Committee.

Mrs. Kelly: I just have one question for Mr. Dorsey. Do you, or your firm represent developers in other communities?

Mr. Dorsey: No. I don't think we've ever represented a developer.

Vice President Rattner: Anything else, Mr. Bonte?

Mr. Bonte: Yes, at the last meeting, I had asked you all if you could read Municipal Code Section 113-4. I hope you've had an opportunity to do that, regarding Conflicts of Interest. But if you haven't, I'll read Paragraph A, first sentence. "No Township Official, or member of his immediate family shall be interested directly or indirectly in any contract with any Township Organization, or in the compensation for services or supplies furnished to any Township organization, or with any contractor or any person furnishing the same to a Township Organization." I have read in the newspapers and it has been verbally concurred by the Mayor that both the Mayor and the Township Attorney are in a business relationship. If that is untrue, tell me so now, and I'll sit down.

Mr. Dorsey: Well, it's absolutely untrue that the business relationship is related to section Article 113-4. I can absolutely assure you that Mayor Licitra has no interest, nor does anybody else, in my legal contracts with the Township of Mt. Olive. And that is an absolute fact.

Mr. Bonte: That isn't the question that I asked, Mr. Dorsey.

Mr. Dorsey: Well, it is the answer. I can assure you that he has no interest in my contract as an Attorney with the Township of Mt. Olive. Article 113-4 rather expressly addresses that, and it says that that is what would constitute a conflict of interest under Article 113-4. That's the article which you cited. And if you read the newspaper articles you will also see that Phil Garber in his rather zealous investigation contacts a member of DCA, contacts an ethicist at Seton Hall and contacts an ethicist at Rutgers, and there is no conflict. And 113-4 is very specific, much more focused then the general question of conflict of interest, and it doesn't exist.

Mr. Bonte: Well, I'd like to explain to this Council why I believe that it does exist. It's quite simple. The Township Official is "A" and any contractor providing the Township services is "B"--

Vice President Rattner: Mr. Bonte, can you kind of wrap it up, you've been up here for 15 minutes.

Mr. Dorsey: I am not going to argue the law with you. Okay. It's absolutely clear.

Mr. Bonte: Okay, but I am addressing this Council, Mr. Dorsey.

Mr. Dorsey: I'm not going to argue with you any further.

Mr. Bonte: Basically, we have a case where it states in this Section of the Township law that no Township Official or member of his immediate family shall be interested directly or indirectly. And I will move on to where it says, "With any contractor or any other person furnishing the same." We have a governmental entity here, we have somebody who is providing services to that governmental entity, and we have an elected official who oversees that entity. I believe that this paragraph is very specific that says that that can't exist. If the Mayor oversees this Community, he can't have any relationship with the provider of services to that Community.

Mr. Guenther: Who says that they're providing services to the Community?

Mr. Bonte:: Mr. Dorsey provides services to this Community.

Mr. Guenther: No, it's a separate corporation involved.

Mr. Bonte: It doesn't matter. It says, "No Township Official."

Mayor Licitra: I've gone through my own expense to deal with this issue, and I have an opinion over here from an Attorney. It's probably the sixth opinion I've had already. I'm really getting tired of hearing this, but it goes to the fact of what Mr. Dorsey just stated. I can read it--it's an eight-page opinion going into the opinions of what 113-4 is, and so on and so forth. But it states in essence that there's absolutely no conflict between myself and Mr. Dorsey.

Vice President Rattner: We just keep going around on this. Unless we get some sort of a legal opinion there's not much the Council can do. I think what this says, in four years at the polls, if they think there's a conflict, that's where it would be decided. Not on this Council, and a different branch of government. Unless something that comes up that there was a legal basis. We can read it--just like the environmental personB

Mr. Bonte: Well, you people write the laws, and you can live with the consequences of those laws. If you believe municipal officials can be involved in other business relationships with contractors or other people providing service to this Township I think you all are very misguided because the potential for conflict of interest will come up at some point. There is no denying that you can't have this type of relationships and I'm ashamed that any of you would think that you could do these types of thing. I see people here not vote on issues that are so remote because of "conflicts of interest" Mr. Licitra himself didn't vote on an issue last December regarding insurance for the employees of this Township. When I asked him why, he said, "Maybe it because I'm in the insurance business." Mr. Sohl excuses himself on issues that have anything to do telecommunications even though they are not his company. And to have any official in a business relationship with a contractor or any other municipal employee or Department Head is just wrong. It's just wrong.

Vice President Rattner: Thank you, Mr. Bonte. Anyone else from the Public?

Mr. Roskoff: Have any of you read the Daily Record regarding the position on the Environmental Commission--something about that person resigning--but he didn't know who he was supposed to resign to?

Mrs. Kelly: No, he said he doesn't even know when the Commission meets. He has been told that it's not our responsibility to call him for every meeting.

Vice President Rattner: One of the things the Mayor did when he first took Office, he did say he wanted to know the members of the different Committees and if there were attendance requirements, he wanted to make sure he knew they were being followed. That was a priority that he had.

Mr. Dorsey: The answer to who he resigns to, the Planning Board he sends a letter to the Clerk of the Planning Board advising them he is resigning, and the Environmental Commission, he sends a letter or resignation to the Clerk of the Environmental Commission. The minute he resigns from one, he would no longer fulfill the requirement of being a member of both.

Vice President Rattner: Anyone else?

Mr. Dowd: I just want to get back to Rich's point about bringing somebody from the Environmental

Commission on to the Planning Board. Just a quick comment. I would just hope that--recognizing how much money this Town is spending on cleaning up the lake, sewage and all that, that we're certainly not going to look at this issue and say we have a technical reason why we don't need to get an environmental

Mr. Dowd (cont'd): Committee person on the Planning Board. It's too important an issue. we're spending an awful lot of money. The environmental impact of this is huge. It's obvious if you take a look at it. I hope you all spend a long and hard time, that we're not looking for a technical reason not to fulfill this. It's too important and we just need to do it because it's the right thing to do.

Mayor Licitra: I do share your concern, and I did tell the Planner to look for an environmental consultant, which was a recommendation of the Environmental Commission. We did take money out of escrow funds, and we are planning to do something like that.

Vice President Rattner: Anyone else from the Public? Seeing no one, I will close the meeting to the Public.

COUNCIL COMMENT

Mr. Guenther: What is the current status of the Simsbury property? Since the Baseball will probably be going to Turkeybrook?

Mayor Licitra: Open Space.

Mrs. Kelly: I just want to say, I've always trusted our new Mayor will resolve the issue regarding the Planning Board and Environmental Commission appointments. And I still trust he will resolve it.

Vice President Rattner: I was at the Board of Education Meeting regarding their Budget. Someone came up to me and asked who was responsible for the maintenance of the field at the Middle School.

Mayor Licitra: The School Board.

Vice President Rattner: What I did say is that I would relay their concerns to you, and I would just ask that you talk to them. I think we maintain it.

Mayor Licitra: I don't think our Recreation Department does, but I will check into it.

Vice President Rattner: The other thing that Council President asked me to bring up--he got an invite from Senator Torricelli to meet with him and some personnel from the Department of Transportation/Housing/Urban Development, that he can't make and wanted to know if anyone might be interested in representing Mt. Olive. I did express an interest, but we have to see if anyone else might be interested--we have to respond to the Senators Office by next week.

Motion made for adjournment. All in Favor, None Opposed. The Meeting was adjourned at 9:00pm.

______________________

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

________________________

LISA M. LASHWAY

Mount Olive Township Clerk

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Budd Lake, NJ 07828

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