Mount Olive Township Council Minutes
May 23, 2000

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

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

ROLL CALL:

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

President Sohl: I would also like to acknowledge the attendance of the Mayor, Paul Licitra; the Acting Business Administrator, Bob Casey; Township Attorneys, John Dorsey and Peter King; Township Clerk, Lisa Lashway; Township Planner, Chuck McGroarty; and Chairman of our Pride Committee, Ray Perkins. The first thing on the Agenda tonight is a presentation by our Pride Committee–always a nice thing. I would call on Ray Perkins to come up to make the presentation.

Mr. Ray Perkins: Thank you. We are presenting Awards this evening to last year’s Baseball and Softball teams. I know it seems a little late to be doing this, but, unfortunately, one of our employees in the Recreation Department was ill last year, and now we are acknowledging the accomplishments of the winning teams. The first team is Baseball Majors, Gold Division, Compliments Plus: Kevin Crum, KeithGreisser, Jeffrey Hammell, Gary LaSpisa, Robert Lennon, John Maluk, John McCabe, Kevin Nock, David Otey, Matthew Otey, Justin Vetrini, Matthew Wagner. Ladies and gentlemen the Gold Division. The next team, Baseball Majors: Red Division, Kevil-Oldsmobile Dodgers: Glen Beach, Christopher Behre , Michael Curran, Nick Decristofaro, Stephen Ference, George Gailums, Danny Katona, Justin Marchigian, Derek McConnell, Michael Dillon, Jason Reis, Joshua Richmond. Ladies and Gentlemen, the Red Division. We now have the Softball Minors Flowers by Trish: Stacie Barbere, Nicole Elia, Hannah Jenkins, Julie Jenkins, Danielle King, Danielle LeGrand, Emily Molnar, Kayla Newberg, Jackie Oesmann, Ashley Taylor, Allison Thoren, Amy Tousley. Ladies and Gentlemen the Softball Minors. Next, the Softball Majors: R&S Sports: Melissa Archer, Nicole Bilella, Amanda Chernack, Kelly Daveldek, Ashley Hicks, Megan Hurley, Racine Leier, Danielle Miranda, Cassy Nikens, Amanda Nitti, Christine Reda, Bridget VanWie. Ladies and Gentlemen, the Softball Majors. The next Group is the Baseball Minors, Colonial TV: Nicholas Avila, Brandon Bays, Daniel Cattano, Frankie DelPesce, Andy Kazmierski, Christopher Kyer, Steven Nevola, Benjamin Novaky, Steven Pacifico, Anthony Salvatore, Steven Sammarc, Eric Wagner. Ladies and Gentlemen, the Baseball Minors. The last group Softball Seniors, Byrne Ceramics Cardinals: Kristen Abels, Jessica DeBonis, Krista Festante, Jaclyn King, Erin Koza, Dawn Philhower, Rachel Regina, Jule Regina, Jessica Schustak, Elizabeth Tambur, Laurie Tappen, Lindsey Wren. Ladies and Gentlemen, the Softball Seniors.

President Sohl: We’re going to take a five minute break.

ADMINISTRATIVE REPORTS

1. Appointment of Business Administrator (Advice & Consent)

President Sohl: So that everybody understands, the process that was utilized in this particular case of identifying and ultimately selecting and making a recommendation, and then the Mayor acting on that recommendation for a Business Administrator for the Township. The process began shortly after Paul (Licitra) became Mayor, and he did not want to just individually go out and get involved in the direct selection process, so we utilized initially the firm of Jersey Professional Management. With their recommendations, guidance and insight, we entered into a process that had several significant steps to it. The first of which, was essentially advertising. Through that advertising we ultimately ended up with over 50 Resumes to peruse. The Committee, which consisted of Bernie Guenther, Norma Licitra, Chuck Spangler, Nick Geiger, and myself, reviewed each of those 50-odd Resumes, and then out of that, our intent was to come up with ten “semi-finalists” at that point. We handed that off to President Sohl (cont’d): the firm that we were working with and there was a very intense and detailed questionnaire that was sent to each of those candidates. One or two decided not to participate in that next phase of selection, most of them did, and out of those responses, we ultimately sat down again and the goal was to come up with four finalists, we ended up with five, and we interviewed those five individuals and the Committee reviewed and discussed and then there was a recommendation made to Mayor Licitra, and that brings us to where we are tonight. The Mayor took our recommendation and I will now turn the meeting over to Paul.

Mayor Licitra: Before I make my Appointment and ask for Advice and Consent, I would like to say, I don’t know where Mt. Olive would have been without Bob Casey.

President Sohl: I couldn’t agree more.

Mayor Licitra: Bob Casey is a true professional Business Administrator. We got him through the process. As you’ll see later on, Bob will still be part of our family in another capacity. But I don’t know if people will understand what we took over on January 1. We had no Records, we had no historical data, and we had no past. Bob took that on, plus the hiring of a management team, and he’s taken us to where we are now. I can’t thank Bob enough for doing that. Bob, Mt. Olive owes you a debt of gratitude and I thank you very much for the people of the Township, and for helping me out. Thank you very much.

Mr. Casey: Thank you.

Mayor Licitra: And now it is with pleasure that I bring to you the Appointment of Sandy (Sandford) Kaplan as Business Administrator of Mr. Olive. Commencing now, and through December 31, 2003.

Mr. Guenther: I move for the approval of the Appointment of Sandy Kaplan as Business Administrator.

Mr. Scapicchio: Second.

Mr. Guenther: I would like to make a quick comment. Sort of as a lesson to the Town. The process that we went through was a professional process. It’s the second time I’ve done this in Public Service and I firmly believe this is the only way to do it. Keep politics out of it, to look for the most capable individual in a very wide search and use a professional firm. Granted, it cost us money, but I think it was money well spent. We got a lot of benefits out of it. It should be a lesson in the future. For key positions in this Town we should always use professional help.

President Sohl: Any other comments?

ROLL CALL: Passed unanimously

President Sohl: Sandy, congratulations. Welcome.

Mayor Licitra: Sandy, would you introduce your wife?

Mr. Kaplan: Certainly, this is my wife Patti.

Mayor Licitra: John, would you swear him in.

Mr. Dorsey: Yes. 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 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, Business Administrator, according to the best of my ability, so help me God.

Mr. Kaplan: 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 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 Business Administrator, according to the best of my ability, so help me God.

Mr. Dorsey: Congratulations.

Mr. Kaplan: Thank you.

President Sohl: Mayor, when will Sandy’s first day actually be?

Mayor Licitra: June 12.

Master Plan Status Update

Mr. McGroarty: You’ve just received this evening–so obviously you haven’t had much time to look at it or read it–a memorandum from me with attachments. I apologize that you only got it today. However, there was no thought that there would actually be any action taken this evening. Just to introduce the subject and schedule as needed for further discussion. I’ll just quickly touch upon the issues I raised in the memorandum. Shortly after the Mayor took Office, he said he wanted to have the highway corridors re-examined, particularly Route 46 in the Budd Lake section. He was very concerned about the amount of development taking place, and controlling the amount of traffic that’s being generated on the highways, to say nothing of the traffic that uses the highway as a through road, which is what’s it’s designed for obviously, from points West, nothing to do necessarily, with Mt. Olive. So, we looked at some possibilities, the Mayor created a Master Plan Committee, and we had a presentation from an outside firm to do certain types of studies, but it was the Committee’s thinking, and it was my thinking that that was not really going to deal with the core issue, which is the development and the build-out potential of the highway–or the zones around the highway corridor. So, in contrast to the approach that was suggested by this other firm, I suggested that we look at the highway and the evirons around the highway with very specific focus on the traffic of doing a capacity analysis not only of the highway, but doing a build-out analysis of the existing commercial zones. That includes not only vacant land, but redevloped parcels as well. What that led to was discussions with a traffic engineer with Gene Buczynski’s firm, who is well-respected, and as I find, he knows his way around DOT, which is always very helpful. His name is Carl Panke, I reference him in the memo. We sat down in March, and I showed him this concept, and he said, he could do the traffic study we were talking about, but, at a certain point, you’re going to spend the money and he didn’t think it would accomplish what we wanted to accomplish. Incidently, one of the things I’m looking for is to lay the foundation, the rationale basis foundation for some changes in zoning. Because if we’re talking about changing zoning or changing the intensity of the existing Zone Districts such as, reducing the amount of floor area ratio permitted, residential densities or lot coverage. There has got to be some actual rationale for that. Some of that is subjective, obviously, but there is some rationale basis that has to be established, and clearly traffic is a major factor. So, Mr. Panke said rather than simply go and do that study, we focus on intersections here there and so on, he suggested what’s called an Access Management Plan. An “Access Management Plan” is a component of the Highway Access Code. I said to him that I’ve seen the Highway Access Code, but it never really struck me before. He said very few Municipalities have actually used it, and as it turns out, and as I reference to date, only three Municipalities have approached the DOT to do that. Two of which have plans already approved, Colts Neck and Stratford, and the third is Washington Township in Mercer County–they’re in the process of doing that now. He said if we do an Access Management Plan, it creates a partnership between the Municipality and the DOT, and it controls highway access. As it stands today, any entity, any landowner along the highway approaches the DOT, gets a Highway Access Permit, and depending on the complexity of the project, they either just get a permit, or have a substantial plan review down at the DOT, and then they get the Permit. So, the Master Plan Committee thought this made sense, it was a logical way to proceed, but, it cost money. So, now we’re presenting the Council with the concept of doing this type of a plan, and where we go from here is a matter of much discussion. What I think it will do, it’s not the perfect answer, but I would

Mr. McGroarty (cont’d): see that as the next logical step to analyzing the Route 46 corridor. Not just the Budd Lake Section, but it’s origin in Netcong all the way down to Hackettstown. We should look at the entire stretch of the highway, look at the development potential on the highway. It also gives us the ability to look beyond Mt. Olive and see what the impacts would be from development elsewhere, such as Mansfield, Washington Township, Hackettstown, and so on, and see how that’s going to impact us in the future. It’s a long process. It takes at least a year. To date, the two Municipalities that have gone through it have taken more than a year, it’s expensive. Mr. Panke estimates the cost to do the project would be in the neighborhood of $100,000, maybe more. The DOT does fund half of the project. It is part of the regulations. When we met with them, there seemed to be no problem with funds and the availability of funds to do that. There is also the potential for other Grants, and Kathy Murphy is aware of this, and she could be on the lookout for such things. There are the Planning Grants, which are issued out of DCA, which would be a very logical application to this kind of a project. In order to begin this process, it starts with a letter from the Municipality to the DOT Commissioner stating you’re interested in beginning the process. Then preliminary meetings are established. The DOT has the right to deny the application, for whatever reason they’re not interested. But if they decide to move forward, and the Township thinks it makes sense, more discussion takes place. We do have thoughts and ideas on Route 46–the Master Plan Committee has discussed some things, but we’re not at a point to discuss them in any detail yet, but I think those kinds of plans together with this can give us a better handle and better control for the future.

Mayor Licitra: We have a small window that we can do something with in Mt. Olive, and I think unless we do something quick, I think we’re going to have to order a lot of concrete because Mt. Olive is going to be nothing but concrete. Whether it be the roads, or developments, or trying to get traffic from one part of the Town to the other. This is not something that we could say we “may” want, or a luxury. This is a necessity right now. I don’t have to tell you what the traffic is like on Route 46. And what it’s going to look like or Route 206, or waiting for the five or six lights to try to go to work in the morning. This is what we have to do. When we were campaigning last year we heard “Let’s keep the culture in Mt. Olive.” I think we can amortize this money over a period of time, but it’s something we need. I’m not trying to kick the people who did the last Master Plan, I’m just looking to take it a little more, and go into areas that we think is good and right for Mt. Olive. And we have to do it now, because it’s going to get away from us. So, I ask as Mayor to get the funds in order that we might be able to start this work. And the sooner, the better.

Mr. Rattner: I have a question as to what this includes and what it doesn’t. Will it also included parking lot access on to the highway? Because that’s a major root of some of the problems–sight distances, things like that. Or is this strictly the zoning and looking at the intersections and how it’s going to handle capacity?

Mr. McGroarty: No–well, I can’t tell you I know the full answer to your question. That’s the first thing. But, it will establish, lot by lot study and it will designate the points of access. DOT is very interested in reducing the amount of highway cuts. That’s part of the Code. They’re also interested in traffic flow, so they would prefer counter turns to traffic would be avoided or eliminated where possible. So, yes, it will look very specifically at access to parking lots, to the highway, at intersections. The sweetener as I see it for the property owner is that–I’m not sure that there’s a downside to them, but, the good part for them is, once the plan is in place and they comply, their Permits are almost automatic. They don’t have a six - eight month wait. And they don’t have the expense of DOT because DOT looks at the plan and says if they’re complying with the Access Management Plan, you qualify for your Permit. So, serious, legitimate, good developers will appreciate the fact that it will work. Clearly, we can’t eliminate access to a highway and thus condemn a property into inutility because it has no access. There has to be a rational plan. And to lead into the Zoning aspect, the Access Management Plan does not concern itself so much with the Zoning, that’s our job. But if we say, “We’re talking about an Access Management Plan that wants to limit the amount of highway cuts, control them from mile post ‘x’ to ‘y’ to ‘z’.” Then, that has a direct relationship to the bulk standards through lot frontage. It wouldn’t make sense to have lot frontage that’s smaller than these access points because then we’re creating situations where people are constantly going to need relief from the plans that we are going to create. So, I think the connection is a direct one to one relationship.

President Sohl: Any questions from Council? Okay, Mayor, I guess we’ll be getting updates as to the status of this?

Mayor Licitra: I would suggest that Dave (Scapicchio) and Earl (Spino) are on the Master Plan Committee–you might want to schedule it as a Council Report and they can keep you up-to-date. We meet once a month.

President Sohl: Okay.

Mr. Casey: At some point in time, it will be necessary for the Governing Body to provide the funding for this mechanism. If it is correlated to the Master Plan update, it becomes integral to the use of the Land Use and the Traffic Subcode portions. You could probably fund it as a Special Emergency Appropriation which means you could pay for it over five years. It would take an Ordinance on the Governing Body’s part to move in that direction.

Mr. Rattner: When would we have a formal proposal along with the funding source so we know when to move ahead with it?

Mayor Licitra: Next meeting.

Mr. Rattner: Okay. That’s all I wanted.

President Sohl: All right. Anything else for Chuck? All right. And as usual, I already did a quick thumb-through, your written material looks comprehensive, and a good start.

Mr. McGroarty: Thank you.

President Sohl: All right, I had the Clerk check, and straightened out the vacancies at the Alternate II position on the Board of Adjustment. I’ll entertain a Motion to Appoint Jack Zebora to that Position.

Mr. Heymann: So moved.

Mr. Scapicchio: Second.

ROLL CALL: Passed unanimously

PUBLIC HEARING ON AMENDMENT TO 2000 MUNICIPAL BUDGET

President Sohl: I now open the Meeting to the Public on the Amendment to the 2000 Municipal Budget. Is there anyone who would like to address the Council on the Amendment to the 2000 Municipal Budget?

Mr. Stan Roedel, Budd Lake: The only point I’m wondering about–the one Line Item-- I see monies appropriation for the Environmental Commission, downward adjusted I’m assuming is attributed to the Resolution from two weeks ago, the NRI Phase II Recreation Plan?

Mr. Casey: Yes–you’ll notice what we’ve done in this year’s Budget, the Grant came in, so $2,500 is removed from a Line Item in the Recreation Commission to a Line Item for a Grant.

Mr. Roedel: What was the NRI Project?

President Sohl: “Natural Resources Inventory.”

Mr. Roedel: So it’s like a database?

President Sohl: Yes.

Mr. Roedel: Thank you very much.

President Sohl: Is there anyone else who would like to address this issue? I close the meeting to the Public.

1. Resolution RE: ADOPTION OF MUNICIPAL BUDGET.

Mr. Heymann moved to Adopt the Municipal Budget and Mr. Guenther seconded the motion.

Mr. Rattner: I just want to say again–and this is giving accolades to Mr. Casey, he put together this Budget–in the 12 years I’ve been here, it’s been the best Budget that’s been put together–probably the most thought out. It was also documented where it needed–not with a lot of extra information. It was done by Mr. Casey without a CFO after there was a mass exodus of a lot of our Executives. With that, I am really satisfied with this Budget. That’s not something I’ve said in the past. So, again, I would like to tell Mr. Casey that I am extremely satisfied with the work that was done and think that we’ve got an extremely good Budget which will be a good basis for our new Business Administrator to start tracking the expenses. So when we ask for our reports about what’s going on, we know the Budget is good, now we’ll get the actuals to match up to it.

President Sohl: Anyone else?

ROLL CALL: Passed unanimously

PUBLIC HEARING ON AMENDMENTS TO 2000 SOLID WASTE COLLECTION DISTRICT BUDGET

President Sohl: I now open the Meeting to the Public on the Amendments to the 2000 Solid Waste Collection District. Is there anyone who would like to address this issue?

Mr. Bonte: Can you tell me what the Amendments are?

Mr. Casey: The Amendment was, the original Budget proposed, $150,000 to purchase a Refuse Truck with the understanding we would buy one truck a year. We then, at Council request, looked at that and put together a seven or eight year equipment replacement program, and we were able to reduce that to $80,000, and we would use a structured payout plan–Debt Management Plan to replace our Fleet over the next three years, with a seven or eight year payout. So, the net impact on the Year 2000 Budget was a $70,000 reduction in the Budget, which reduced the tax rate down from around .12 cents to 11.6 cents–or something like that.

Mr. Bonte: All right, so you’re saying over the next number of years, there will be approximately $80,000 a year going into Debt Service.

Mr. Casey: It will be $80,000 this year, then $90,000 next year then $100,000, then $110,000; $120,000, $130,000, $140,000. By that point we’ll have paid off the Bond required to have replaced the fleet.

Mr. Bonte: What is the Bond being billed against?

Mr. Casey: The Bond had to be issued by the General Fund. You can’t issue bonds out of the utility fund. So it will be issued by the General Fund, and what will happen is, every year the Sanitation Fund will contribute to the General Fund sufficient capital to pay off the debt.

Mr. Bonte: You just said that the Sanitation Budget was reduced by approximately $80,000.

Mr. Casey: Correct.

Mr. Bonte: So where does it get the $80,000 to pay back the General Fund?

Mr. Casey: It was $150,000 originally, and now we reduced it to $80,000. So, this year has $80,000 to be used as the down payment to the bonds and the first year’s payment on returning a portion of that debt. Next year, our Budget projection will put $90,000 in the Sanitation Budget to be given to the General Fund to continue paying off the Debt we issue. The following year $100,000. So, we’re basically stepping up each year as the residential growth continues to retire those Bonds. So, the bottom line is, we’re not anticipating that the Debt incurred for the replacement of the Fleet coming from the General Fund will come from the Sanitation Fund through their Tax Rate.

Mr. Bonte: So in other words, the Sanitation Budget contains the Bond repayment.

Mr. Casey: That’s correct.

Mr. Bonte: You are all aware of my involvement over the last five years regarding Sanitation. And, just about a year ago, a presentation was made to this Township based upon Bids that were received from the private sector, as well as expected expenditures that were proposed by the Township over the next five years. And, the Township did not propose a level of equipment replacement that are now being talked about. Based upon the firm Bid prices that were received about a year ago, I just want to remind you that the number you’re talking about for this year’s sanitation cost is a little over $100,000 over what the Committee projected the cost the Sanitation District would be this year. Which means that, we have missed an opportunity this year alone of saving almost $500,000 over what private sanitation would have cost this Township. About a year ago, we had projected that the first year savings would be $390,000. I just hope this Township understands, and this Committee understands that the numbers that we thought were very conservative and projected savings of, I believe $5.7 million over a five-year period, if this continues that number is going to look small. And I hope you all know what you’re doing–buying additional equipment now, and continuing down this road. The expenditures to the Township are probably going to exceed $7 million over what the private sector would have charged to do the same job. And, at a less burden to the population because we would have had co-mingled recycling. So, just keep this in mind. You’re talking about this year alone, an average increase over what it could have been is almost $100 a year per resident for sanitation costs. Thank you.

President Sohl: Thank you, Rich. Anyone else from the Public want to address this issue? If not, I close the meeting to the Public.

ORDINANCES FOR PUBLIC HEARING

Ord. #19-2000 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.

President Sohl opened the Public Hearing on Ord. #19-2000

President Sohl closed the Public Hearing on Ord. #19-2000

Mr. Guenther moved for Adoption and Final Passage on Ord. #19-2000 and Mr. Heymann seconded the motion.

ROLL CALL: Passed Unanimously

President Sohl declared Ord. #19-2000 as Passed on Second Reading.

LEGAL REPORTS: NONE

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APPROVAL OF MINUTES OF PREVIOUS MEETINGS:

January 11, 2000 CS (Present: Mr. Sohl, Mrs. Kelly, Mr. Spino, Mr. Rattner, Mr. Heymann, Mr. Scapicchio; Absent: Mr. Guenther)

October 5, 1999 CS (Present: Mr. Sohl, Mrs. Kelly, Mr. Spino, Mr. Rattner, Mr. Heymann, Mr. Scapicchio; Absent: Mr. Licitra)

Sept. 21, 1999 CS (Present: Mr. Sohl, Mrs. Kelly, Mr. Spino, Mr. Rattner, Mr. Heymann, Mr. Scapicchio Mr. Licitra; Absent: None)

Sept. 7, 1999 CS (Present: Mr. Sohl, Mrs. Kelly, Mr. Spino, Mr. Rattner, Mr. Heymann, Mr. Scapicchio, Mr. Licitra; Absent: None)

August 24, 1999 CS (Present: Mr. Sohl, Mrs. Kelly, Mr. Spino, Mr. Rattner, Mr. Licitra, Mr. Heymann; Absent: Mr. Scapicchio)

August 10, 1999 CS (Present: Mr. Sohl, Mrs. Kelly, Mr. Spino, Mr. Rattner, Mr. Licitra; Absent: Mr. Scapicchio, Mr. Heymann)

May 9, 2000 CS (Present: Mrs. Kelly, Mr. Spino, Mr. Rattner, Mr. Heymann (6:50 pm), Mr. Scapicchio; Absent: Mr. Guenther)

May 16, 2000 CS (Present: Mr. Heymann, Mr. Guenther, Mr. Scapicchio, Mrs. Kelly, Mr. Spino, Mr. Rattner, Mr. Sohl; Absent: None)

Mr. Scapicchio moved for approval of the Minutes and Mr. Heymann Seconded the motion.

ROLL CALL: Passed by the majority.

Exceptions: Mr. Guenther ABSTAINED on all but May 16, 2000.

Mr. Scapicchio ABSTAINED on August 10, and August 24, 1999

Mr. Heymann ABSTAINED on August 10, 1999.

CORRESPONDENCE

Letters From Residents

1. Letter received May 5, 2000 from Joseph P. DeMaria regarding Ordinance # 16-2000 (Improvement to Flanders Park).

2. Letter received May 8, 2000 from Chris and Lori Donnelly regarding Country Club Estates (Wilstow Road).

3. Card received May 9, 2000 from the Nagle Family regarding a “Thank You” for the Russ Nagle Baseball Field.

4. Letter received May 9, 2000, from W.E.Bergeron regarding Sewer Assessment/Billing.

5. Petition received May 9, 2000, from the Flanders Crossing residents regarding installation of lights at Flanders Park.

6. Letter received May 15, 2000, from Robert Greenbaum regarding Flanders Park, Turkey Brook.

7. Letter received May 18, 2000, from Gloria Kieley, Director of Fine Arts regarding the Mount Olive High School Marching Band.

School Correspondence

Resolutions, Ordinances, Correspondence from other Towns

1. Resolution received May 12, 2000, from the Township of Parsippany Troy Hills regarding Opposing Senate, No. 258 Which Measure Would Significantly Curtail and Modify Workers’ Compensation Bemefits For Injury and Death Sustained By Any Volunteer Firefighters, First Aid or Rescue Squad Workers and Other Certain Volunteers.

2. Resolution received May 15, 2000, from the Township of Hanover regarding release of State Funds For the Reinstatement of Recycling Grant Program.

3. Resolution received May 15, 2000, from the Borough of Netcong regarding Health Care Financing Administration Changes.

4. Resolutions received May 15, 2000, from the Township of Long Hill regarding the support of Municipal Development Impact Fee Authorization Act and Opposing Senate , No. 258 (compensation benefits for injury and death, Volunteer Firefighters, First Aid or Rescue Squad Workers and Other Certain Volunteers).

5. Resolution received May 16, 2000, from the Borough of Wharton opposing senate No. 258 (compensation benefits for injury or death)

6. Resolution received May 17, 2000, from the Borough of Lincoln Park opposing senate No. 258 (compensation benefits for injury or death)

7. Resolution received May 17, 2000, from the Town of Dover regarding opposing Senate No. 258 (modification of workers compensation benefits )

8. Resolution received May 19, 2000, from Marlboro Township regarding COAH to amend the formula for providing credits to municipalities for on-site construction of affordable housing units.

League of Municipalities

DOT/DEP/Permits

9. Letter received May 9, 2000, from Vanspear Corporation regarding Air Quality Permitting Program - Application for Permit to conduct open burning of dangerous material at Hercules Facilities, Roxbury Township, NJ

10. Letter received May 12, 2000, from Albin Zator regarding legal Notification of application for a letter of Interpretation (32nd Street and Sand Shore Road)

11. Letter received May 12, 2000, from American Environmental Services, Inc. regarding Lands of Albin Zator (Block 2602, Lot 1 - 32nd Street and Sandshore Road)

12. Letter received May 12, 2000, from the State of New Jersey, Department of Environmental Protection regarding Mobil Service Station 292 Route 206 (Remedial Action Progress Reports)

13. Letter received May 12, 2000, from C&H Environmental, Inc. regarding Pending General Permit and Transition Area Waiver Application, Dara Estates.

14. Letter received May 12, 2000, from C & H Environmental, Inc. regarding Block 4600, Lots 6 and 10 (131 Route 206, and 97 Route 206)

15. Letter received May 15, 2000, from Albin Zator regarding application for a Letter of Interpretation for Block 2602, Lot 1 (32nd Street and Sandshore Road)

16. Notice received May 15, 2000, from Courter, Kobert, Laufer & Cohen regarding application for preliminary and Final Site Plan with the Township of Mount Olive Planning Board (Toys R. Us).

17. Letter received May 17, 2000, from the State of New Jersey, Department of Environmental Protection regarding Oakwood Village, Permit No. NJ0090051

18. Letter received May 18, 2000, from the State of New Jersey, Department of Environmental Protection regarding Transition Area Waiver-Averaging Plan Approval, Block 5800; Lot 14, Applicant: Fairway View Estates, LC

19. Letter received May 18, 2000, from McDonough & Rea Associates regarding a street intersection application (Route 206 and Flanders-Bartley Road, DPC Cirrus).

20. Letter received May 19, 2000, from the State of New Jersey, Department of Environmental Protection regarding Minor Modification of NJPDES General B4B Permit Authorization No. NJ0088927 Texaco Service Station.

Correspondence from Organizations/Committees/Boards

21. Minutes received May 12, 2000, from the Morris County Planning Board regarding April 6, 2000 meeting.

22. Letter received May 12, 2000, from the Musconetcong Sewerage Authority regarding the MSA’s Audit for the year 1999.

23. Minutes received May 12, 2000, from the Morris County Planning Board regarding the March 3, 2000 meeting.

24. Minutes received May 12, 2000, from the Musconetcong Sewerage Authority regarding April 5, 2000 meeting.

25. Letter received May 19, 2000, from PMK Group regarding a Seminar on Brownfields Redevelopment.

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

Land Use/Development Matters

26. Letter received May 17, 2000, from Mills & Mills regarding Homesteads at Chestnut Hollow.

COAH

Correspondence from Cable Networks/Utilities

Correspondence from Legislative Representatives

27. Letter received May 11, 2000, from Elizabeth Water Company regarding Notice of Public Comment Hearing.

28. Letter received May 15, 2000, from Comcast regarding telephone access.

Notices

29. Notice received may 19, 2000, from NJ Transit regarding intent to apply for federal funds.

President Sohl stated that we had received 36 items of correspondence and asked Council if there were any comments on same.

ORDINANCES FOR FIRST READING

Ord. #20-2000 An Ordinance of the Township Council of the Township of Mount Olive Amending and Supplementing An Ordinance Entitled “An Ordinance of the Township of Mount Olive Authorizing a .02 Cent Per Hundred Dollar Valuation Tax for the Dedicated Purposes of Acquiring Lands for Open Space and Recreational Use” (Ordinance No. 12-98)

Mrs. Kelly moved that Ord. #20-2000 be introduced by title and passed on First Reading and that it be scheduled for Adoption after a Public Hearing on June 27, 2000 at 7:30 p.m. Mr. Heymann seconded the Motion.

ROLL CALL: Passed Unanimously

Mrs. Kelly: I would like to have this forwarded to the Open Space Committee for their next meeting.

President Sohl: Sure.

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.

PUBLIC PORTION ON CONSENT RESOLUTIONS

President Sohl: Is there anyone from the Public who would like to address any of the Consent Resolutions?

Mr. Bonte: Questions or comments on #10, #11, and #13. On #10, I would like to ask a question of all of the members here of the Governing Body, the Mayor. Is there anybody in this Governing Body, the Mayor, or an employee of the Township that has any financial interest whatsoever to the smallest degree involvement with this company, Spectrum Insurance?

President Sohl: I don’t.

Mr. Heymann: No.

Mr. Bonte: None, Mr. Mayor?

Mayor Licitra: I don’t have any, but I don’t see the reason even if somebody had–even if somebody did business with somebody, that can be construed as an arrangement–so I think the question is–“Do I own any part of Spectrum?” No. Does Spectrum own any part of my business? No.

Mr. Bonte: You have no financial arrangements or agreements with them whatsoever, and don’t conduct business with them–outside of your office, as Mayor.

Mayor Licitra: No–I’m not going to answer that, Rich. I’m not going to answer that until someone tells me I have to answer that. All right?

Mr. Bonte: Well, just to remind everybody here, the Code of this Township makes it illegal, first sentence from the Code of Ethics makes it illegal for any “person, contractor, business” whatsoever to have “any relationship, whatsoever” with any Municipal Official, or employee, or immediate member of their family. In stating that for the Record, that’s why I asked the question. If there is any financial relationship whatsoever with anybody that works for the Town or is a municipal official, it is illegal. I will say no more. On #11, does anybody know why Sanitation’s construction Bid is ten times–

Mr. Casey: They interpreted the soil analysis, the soils on site had to be disposed of in a specialized lined landfill versus the other Bidders who concurred that they could be disposed of in an alternate manner. So, they Bid that as if it was HazMat material.

Mr. Bonte: And there’s no possibility that they could be right?

Mr. Casey: Not according to the Engineers that prepared the plans.

Mr. Bonte: Okay. And #13, it doesn’t name the particular individual, actually, I’m not here to question that. I got the perception from what I heard earlier that it would probably be Mr. Casey.

President Sohl: It is.

Mr. Bonte: My question–and this has nothing to do with Mr. Casey, he’s done a wonderful job for the Township. I applaud you for the work you’ve done, Bob. This works out–if this was a 40 hr week position to a salary of about $122,000 a year. Do we know exactly what the basis of need is for this position? What work would be accomplished for this? Because the Resolution is extremely vague. Do we expect this to end after six months, or is this something that you expect to continue onwards, and should it not be handled as a position?

President Sohl: This is good for six months. At which point, we will consider renewal or not consider renewal.

Mr. Bonte: If we have an ongoing need for a position–and I don’t have the information in front of me right now to determine whether we have the need for this position or not–

Mr. Rattner: I’ll just give you my opinion. The position is definitely needed. That was one of the changes the Mayor made, where we don’t have a Director of Water & Sewer, we now are going to have a Public Works Director which Water & Sewer, Sanitation, Roads and other major projects–I think that’s the way we termed it–is going to be reporting to. At this time–I think the Mayor thought we would have a Public Works Director. At this point, we don’t. We still have a need, and it’s still being restructured. Part of the whole concept is what Mr. Casey came up with in January or February this year. So until such point that we can find a qualified Public Works Director, and at the same time, Mr. Casey has the ability now to complete some of the projects in that area–Turkeybrook, Flanders Park, where we’ve had very weak project management before. I’m sure part of the reason the hours were set was so we could fit it in to our Budget. I’m not sure how many hours Mr. Casey has put in, but the productivity is probably double what we’ve had in Town before filling that position. So, I am very

Mr. Rattner (cont’d): comfortable with it, in fact, I’m very happy that he’s still going to be around for a while to complete some of the things he’s done. He’ll also be able to transition the work as a sideline to the new Business Administrator so we don’t lose what we’ve picked up in the last five months.

Mr. Bonte: I want everybody on this Council to understand something very clearly–and Mr. Casey, I want you to understand this also. I am not questioning Mr. Casey whatsoever in terms of his abilities and the work he’s done for this Town. I’ve seen what he’s done in the last five months. I’m merely discussing the position itself. I was wondering whether this was something that was going to be developed into a full-time position at some point in time, or is this something you see ending in six months. That’s really the question.

President Sohl: I will tell you, I don’t know if it will end. I am amply convinced of the expertise Mr. Casey brings and his ability to get certain things done, and that’s what we’re looking for here. I am ready, and I’m sure we will discuss whether to continue it, or terminate it, or fill it with a permanent position probably somewhere about three to four months down the road. We’ll know better then where it’s going. At this point in time, I think every dollar we have spent on Mr. Casey–as you said yourself, Rich–has been well spent.

Mr. Guenther: Just a comment relating this to my experience in the private business world. I think this is very normal, and a very wise procedure where you’re not absolutely sure whether you need a full time position where you hire somebody on a part-time basis. When you hire somebody on a consulting basis, the rate is always higher. Then you come to the measure of return where you analyze the situation, “Does this person get converted to permanent?” Then it’s a whole different pay scale, or else do we continue on that same basis. Obviously, you’re absolutely right. There is no point in continuing that pay scale at a higher hour, working more than 20 hours. It’s not cost efficient for the Town. But that’s the mental process that we have. And as Steve and Bill have said, we re-evaluate in a few months and see–with the Mayor’s recommendation, is the position needed. And this is very common in the private industry.

President Sohl: And I would add, Rich, that the contract itself has a clause that the contract could be canceled any time by the Township or upon 30 days notice from the firm. So, it’s for “up to six months.” All right. Is there anyone else from the Public who would like to address any of the Consent Resolution? I close the meeting to the Public.

2. Resolution of the Township Council of the Township of Mount Olive Authorizing the Business Administrator to Conduct a Vehicle and Equipment Auction.

3. Resolution of the Township Council of the Township of Mount Olive Authorizing the Execution of the Second Amendment to License Agreement Between the Township and New York SMSA. (Antennae for High Band Radios for Budd Lake Fire Dept.)

4. Resolution of the Township Council of the Township of Mount Olive Authorizing a Third Change Order and Final Payment Voucher for Tilcon New Jersey in Connection with the Waterloo Valley Road Reconstruction.

5. Resolution of the Township Council of the Township of Mount Olive Authorizing a Grant Application With Other Municipalities for a Grant To Study Shared Communication Services.

6. A Resolution of the Township Council of the Township of Mount Olive Opposing Senate No. 258 Which Measure Would Significantly Curtail and Modify Worker’s Compensation Benefits for Injury and Death Sustained by any Volunteer Fire Fighters, First Aid or Rescue Squad Workers and Other Certain Volunteers.

7. Resolution of the Township Council of the Township of Mount Olive Authorizing the Execution of a Developer’s Agreement Between the Township and K-Land No. 53, LC for Preliminary Developer’s Agreement, Oak Hill I, Section II. (Formerly Newfane)

8. Resolution of the Township Council of the Township of Mount Olive Establishing June 13 and June 27, 2000, as Council Conference and Public Meetings and Canceling the Conference Meeting Originally Scheduled for June 20, 2000.

9. Resolution Authorizing an Increase in the Finance Department Petty Cash Fund From $100.00 to $300.00

10. Resolution of the Township Council of the Township of Mount Olive Awarding a Contract to Spectrum Insurance as Risk Management Consultant to the Township of Mount Olive.

11. Resolution of the Township Council of the Township of Mount Olive Authorizing the Issuance of a Contract to AWT Environmental Services in the Amount of $24,950. (Turkey Brook Soil Remediation

12. Resolution of the Township Council of the Township of Mount Olive Confirming the Appointment of Sanford Kaplan as Business Administrator of the Township.

13. Resolution of the Township Council of the Township of Mount Olive Authorizing the Execution of a Contract Between the Township of Mount Olive and Jersey Professional Management for Project Management Services

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

ROLL CALL: Passed unanimously

RESOLUTIONS - NONCONSENT

14. Resolution of the Township Council of the Township of Mount Olive Authorizing the Execution of a Developer’s Agreement Between the Township and Rockefeller Group Development Corp. (330 Waterloo Valley Road)

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

Mrs. Kelly: I would like to refer to the Environmental Commission Memo that’s dated May 23rd. It says that our legal requirement–and it quotes our Code 400-28:D2 states that, “On-site inventory of existing conditions is what is required.” And this is the time of the year–the recommended time to do the study that’s supposed to be done, and this developer, once again, has an E.I.S that is 20 years old, and that’s why I asked for it not to be a part of the Consent Agenda. I will not vote for any Developer, not even one exception who has an outdated E.I.S. Our own Township Ordinance requires a study of existing conditions. A 20-year E.I.S is not a study of existing conditions. So I will vote “No” on this.

President Sohl: Any other comments?

ROLL CALL: Passed by the majority, Exceptions: Mrs. Kelly and Mr. Spino voted NO.

MOTIONS

1. Bill List.

VENDOR NAME
PURPOSE
AMOUNT

CURRENT



Philip J. Maenza
Services Rendered as Municipal Court Judge for the Month of May, 2000
2,583.33

James J. Higgins, Esq.
Professional and Legal Services Provided in Connection with Purcell
5,619.40


v. Township of Mount Olive


Joseph J. Bell & Associates
For Professional Services Rendered
5,729.15

Tri-Maintenance & Contractors
Cleaning Services for Municipality for April, 2000
2,644.86

Peterson & Son Tree Services
Removal of Dead and Dangerous Trees
4,800.00

GPU Energy
District I Street Lighting for the Month of April, 2000
6,842.61

GPU Energy
District II Street Lighting for the Month of April, 2000
2,867.19

Medtronic Physio Control Corp.
Purchase of Defibrillator for Police Dept.
3,403.45

GPU Energy
May, 2000 Electric Bill for Municipality
7,826.10

Mt. Olive Jr. Baseball/Softball Assoc.
Township Contribution for Year 2000
7,500.00

Bell Atlantic
May, 2000 Telephone Bill for Municipality
4,778.90

SPLITS



Managed Logistics Systems, Inc.
Contract Charges for March, 2000 (1/12th as per Contract)
35,363.00

Allied Oil Co.
Delivery of Diesel and Gasoline for Township Vehicle on 4/17/2000
2,799.38

Allied Oil Co.
Delivery of Unleaded Gasoline for Township Vehicles on 4/3/2000
2,535.11

GEO Concepts Ltd.
April, 2000 Computer Maintenance Costs
4,500.00

Jersey Professional Management
Temporary Administrator Services Provided to the Township for the Period of 3/27-4/8/00
4,420.00

WATER & SEWER



GPU Energy
April, 2000 Water & Sewer Utility Electric Usage
19,361.82

Jet Vac
Jet Vac Repair
6,403.00

CAPITAL



Budd Lake Fire Dept.
Reimbursement for Tank Removal
70,930.00


Ord. #5-2000


Certified Valuations, Inc.
For Services Rendered Regarding the Appraisal of Smith Park Farm (Green Acres)
5,000.00

Schoor DePalma
Turkey Brook Park Remediation
3,975.00

Schoor DePalma, Inc.
For Professional Services Rendered During March, 2000 re: Toys "R" Us
2,983.75

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

ROLL CALL: Passed unanimously

2. Amendment to Bingo License #918, for Knights of Columbus #6100.

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

ROLL CALL: Passed unanimously

COUNCIL REPORTS

Library Board Liaison Report

President Sohl: We met the second Wednesday of May, they’re getting excited about the potential of working with their architect. They have not finalized the Agreement yet, so that is taking time, as these things usually do.

Board of Health Report

Mr. Rattner: I even have a visual today. As you know, the Mt. Olive Health Code requires anybody using pesticides in Town has to register their plans with the Town. We require the same from the Morris County Mosquito Extermination Commission. This map shows the areas that are on their review list. There are no aerial sprays in Mt. Olive by the Mosquito Commission. They use two different agents to try to limit the amount of mosquitoes. One is a bacterial base, and the other is a mineral oil type. So, if anyone would like to see this, this will be in the Health Department. If anybody has any sites that they think should be looked at, we have no problem contacting the Mosquito Commission for them to put on their maps.

Planning Board Report

Mr. Spino: The two main items on the Planning Board Agenda last week were two developments close by each other–behind Lake View Plaza. The two developers want to hook into one of our Township Water Systems. There is not the capacity or well size capable. They are going to be coming to the Council, and I asked them to contact you, Bill, or the Clerk for an Agenda position to discuss that possibility. They are willing–according to what they said at the Planning Board to put in a new tank and a new well because that would be on the Township owned property–Pinecrest–at the end of Pine Street. If they have to put it somewhere else, then they have something else to discuss with us if it’s not suitable there. So they will be contacting us about that if they haven’t already done so. The other–the Committee took a visit to Toys R Us. They are coming in for a large expansion of their facility.

President Sohl: Half million square feet.

Mr. Spino: About 2/3 the size of what they have now.

Mr. Guenther: Regarding Toys R Us, just note when you consider it, I think they should seriously consider making some adjustments on Route 206, the intersection there. That is an extremely dangerous intersection as it is. The trucks have to take wide turns, the sight distance is terrible coming out of Bartley Road. I think they should be required–I know it involves the State because there are some wetlands there, but, tough. I think it has to be done. I’m very concerned about that intersection.

Mr. Spino: Yes–and if the Council has any other thoughts on it, send it to Chuck (McGroarty) in a memo so he can incorporate it.

PUBLIC PORTION

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

Mr. Stan Roedel: I was just wondering if there is any plans in the near future to implement any of the recommendations by the RBA Group concerning the Country Club Estates sewer stench problem? I know we paid $30,000 to have them survey the area and diagnose the system within that region and some recommendations were made, but I don’t see any of those recommendations implemented.

Mr. Casey: The manhole inserts were supposed to be in last week. As soon as they come in, they’ll be installed. At that point in time, we’ll also clean that part of the system. So that is in place. We are ready to put in chemical feed if necessary if that doesn’t work. We’re waiting to see when the filter system is in place. It was supposed to be in place last week, but we’re waiting for them to come in–they’re ordered.

Mr. Roedel: Is there a replacement schedule in place? I mean, it’s not like these last forever.

Mr. Casey: From what we are told, the filters in those have a life of I believe a year, and you buy replacement filters which are like canisters, which slip in under them. They’re relatively inexpensive. We will find out if this works before we address the problem of replacement filters.

Mr. Roedel: Thank you.

President Sohl: Anyone else?

Mr. Bonte: I sent a letter to the Mayor–this has to do with the Old Municipal Building. We on the Program Committee can’t move forward until we know whether the State–or DEP in particular, will allow or won’t allow this building to be torn down and something of equal or smaller footprint can be re-erected on that site. We’ve been told through Chuck McGroarty, informally, that they would look very favorably on this. Previous Administration would not allow anything in writing to go to DEP regarding this issue. The memo that I wrote

requested that the Mayor advised Mr. McGroarty to prepare necessary correspondence to the State to find out whether they would look favorably if, in the event the recommendation was ultimately made to tear down the Mr. Bonte (cont’d): Old Municipal Building. Until we have that information on hand as to what we can do, the Committee is unable to present this Council with a final recommendation as to what can be done on that site.

Mayor Licitra: We’re dealing with the dock area and the buildings right now. To tell you the truth, I didn’t take anything else on, it was too much to take on. Chuck McGroarty is aware of it, and he’s working on it.

President Sohl: Is there anyone else from the Public? Seeing no one, I will close the meeting to the Public.

COUNCIL COMMENTS

President Sohl: I will just close with, this coming Monday is Memorial Day. We have a parade, we have a special dedication, rededication this year with the Monument at the Old Municipal Building. A lot of time and effort has been put in by several people, and we’ll keep our fingers crossed that it stays dry. The parade kicks off at 10:00, and I encourage everyone to come out, have a good time, and have a safe Memorial Day Weekend

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

______________________

William H. Sohl

uncil President

I, LISA M. LASHWAY, Township Clerk of the Township of Mount Olive do hereby certify that the foregoing Minutes is a true and correct copy of the Minutes approved at a legally convened meeting of the Mount Olive Township Council duly held on September 26, 2000.

________________________

LISA M. LASHWAY

Mount Olive Township Clerk

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Mount Olive Township
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Budd Lake, NJ 07828

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