Mount Olive Township Council Minutes
October 9, 2001

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

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

ROLL CALL: Present: President Rattner, Mr. Scapicchio, Mr. Spino, Mrs. Miller
Mr. Guenther, Mr. Heymann, Mr. Sohl (8 pm).

President Rattner: I would also like to acknowledge the attendance of the Mayor, Paul Licitra; the Business Administrator, Sandy Kaplan; the Township Attorney, John Dorsey; and Township Clerk, Lisa Lashway.

APPROVAL OF MINUTES OF PREVIOUS MEETINGS:

October 2, 2001, Spec. P.M. Present: Mr. Rattner, Mr. Spino, Mrs. Miller (Charlene), Mr.
Guenther, Mr. Scapicchio.
Absent: Mr. Heymann, Mr. Sohl

August 28, 2001 Present: Mr. Guenther, Mr. Spino, Mr. Scapicchio, Mr. Rattner
Absent: Mr. Heymann, Mr. Sohl, and Mrs. Kelly (Miller)

May 29, 2001 Present: Mr. Heymann, Mr. Guenther, Mr. Sohl,
Mrs. Kelly (Miller), Mr. Scapicchio, President Rattner.
Absent: Mr. Spino

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

ROLL CALL: Passed Unanimously with the following exceptions

Mr. Heymann abstained on October 2 and August 28, 2001
Mrs. Miller abstained on August 28, 2001
Mr. Spino abstained on May 29, 2001
`
CORRESPONDENCE

Resolutions, Ordinances, Correspondence from Other Municipalities

1. Resolution received September 26, 2001, from the Borough of Chatham Endorsing the Location of the New Jersey State Law Enforcement Memorial and Museum at the Madison Train Station.

2. Resolution received October 5, 2001, from the Borough of Rockaway regarding Support of the Re-Authorization of the Clean Communities Act.

League of Municipalities

3. Letter received September 25, 2001, from the New Jersey State League of Municipalities regarding Implementation of Chapter 245, P.L. 2001 Extension of Polling Hours Law.

4. Letter received September 26, 2001, from the New Jersey State League of Municipalities regarding the "Always Remember 9-11 Fund".

5. Letter received October 1, 2001, from the New Jersey State League of Municipalities regarding information on the 86th Annual League conference.

MSA / MUA

Letter received October 3, 2001, from the Musconetcong Sewerage Authority regarding a list of allocations for the Participating municipalities in the 3.623 MGD Water Pollution Control Plant.
DOT / DEP / PERMITS / LOI's

6. Letter received September 24, 2001, from the State of New Jersey, Department of Environ-
mental Protection regarding Withdrawal of a Transition Area Waiver Averaging Plan, Letter of Interpretation-Line Verification, and Special Activity Transition Area Waiver under General Permit No. 11 Applicant: Blue Atlas Nursery Block 4500; Lot 8 (155 Flanders-Netcong Road)

7. Letter received September 26, 2001, from the State of New Jersey, Department of Environmental Protection regarding Mount Olive Township Library Facility Lot 3; Block 7900 (200 Flanders Drakestown Road)

8. Letter received September 26, 2001, from the State of New Jersey, Department of Environmental Protection regarding Area of Concern, Former 4,000 gallon Gasoline Underground Storage Tank Block 8101, Lot 22 (171 Flanders Drakestown Road).

9. Letter received October 3, 2001, from the State of New Jersey, Department of Environmental Protection regarding permit for a sanitary sewer extension to serve a major subdivision known as Oak Hill I Section II at Mount Olive.

10. Letter received October 3, 2001, from the State of New Jersey, Department of Environmental Protection regarding Approval of Modification of a hazardous Waste Facility Permit, Onyx Environmental Services, L.L.C.

Correspondence from Organizations / Committees / Boards

12. Letter received by E-mail September 21, 2001, from Congressman Frelinghuysen regarding the President's Address to Nation.

13. Fax received September 27, 2001, from Congressman Frelinghuysen's office regarding information on world Trade Center Disaster.

14. Letter received October 1, 2001, from the Bergen Municipal Employee Benefits Fund regarding the BMED.

15. Letter received October 1, 2001, from Local Government Services regarding International Drive South Access Road.

Land Use / Development Matters

16. Letter received September 24, 2001, from Richard A. Stein regarding Paragon Village, LLC (425 Route 46) Block 8400, Lot 8&9.

17. Letter received September 26, 2001, from EcolScience, Inc. regarding Letter of Interpretation - Line Verification Block 104; Lot 1 (100 International Drive)

18. Letter received October 1, 2001, from Environmental Technology Inc. regarding a Request for Statewide General Permit No. 11 Applicant: Rose Manor Estates, 820 Morris Turnpike Short Hills, NJ 07078.

19. Letter received October 5, 2001, from EcolScience regarding Application for letter of Interpretation: Absence Determination Block 8301; Lots 14,15, & 16 Applicant: Commerce Bank.

Correspondence from Cable Networks / Utilities

20. Letter received September 28, 2001, from Verizon regarding the new "Area Codes".

21. Public Notice received October 4, 2001, from Verizon regarding The 14 point checklist and adopted schedule.

22. Fax received October 4, 2001, from Comcast regarding procedure to people who cannot pay bill due to the Trade Center disaster of 9-11.
COAH

23. Newsletter received October 1, 2001, from Council on Affordable Housing regarding Extending two Certifications, 2000 Annual Report and 2001 Handbook, Adopting Uniform Housing Affordability Control.

President Rattner stated we had 23 Items of Correspondence and asked if Council had any comments on same.

Mr. Scapicchio: No. 8. Steve you and I had discussed this earlier. Just to make sure that the Admin-
istration is aware of that Correspondence and that we do whatever necessary measures we need to take to get the Library site included in the service area for sewage disposal. Sandy, it was a letter from the DEP that basically said that the Library site was not in the sewage disposal area. We could do one of two things. Either expand the area to include that property, or a thought that Mr. Rattner had. Possibly to combine the two pieces of property since this one is already included.

Mr. Kaplan: I am sending this to the Council President in a memo at Gene Buczynski's request today to have a discussion about that and other requests to expand the sewer district at either a future meeting or via committee. I sent that out to you, you will get it tomorrow.

Mr. Scapicchio: If that future meeting is in the near future that would be okay if not then maybe we should put this on the table for discussion sooner rather than later.

Mr. Spino: You mentioned sewer district, what sewer district are you talking about?

President Rattner: The Villages. That would be separate. Mr. Buczynski is looking at our Waste Water Management Plan, which would have to be modified. It makes sense to look at all the different issues at once.

Mr. Spino: I agree a 100%. I would not do this without making sure we know exactly what we are doing with that sewer system and what we could open ourselves up for.

President Rattner: I think on this one, we are fairly safe. It is the lot next store, so it is not passing any additional lots. It is the only way the Library is going to get built.

Mr. Scapicchio: Steve, your thought of joining the two pieces of property may be a valid solution.

President Rattner: Could that be done Mr. Dorsey? That would be the simplest way. Probably the cheapest way as well.

Mr. Dorsey: Yes. Don't pay any engineers or attorneys.

President Rattner: Thank you. Anybody else on Correspondence? Okay. Moving right along.

ORDINANCES FOR PUBLIC HEARING

Ord. #22-2001 An Ordinance of the Township of Mount Olive Designating Fern Avenue as a One Way Street.

President Rattner opened the Public Hearing Ord. #22-2001.

Ray Perkins, Budd Lake, NJ: Thank you Council President for having this on. On behalf of the other residents who could not make it here this evening I have let them know that this would be on. Again, during this past weekend and the weekend before. There are numerous streets I think throughout the entire Township that I am sure the DPW Director will be looking at in the future. We almost had two more head on accidents and one child was almost hit. Again there are other streets and the other residents and myself do thank the Council for their anticipated passage of this. Thank you.

President Rattner: Would anybody else like address the Council on this Ordinance? Seeing none I will close the Public Hearing

Mr. Heymann moved for Adoption and Final Passage on Ord. #22-2001 and Mr.Scapicchio seconded that motion.

ROLL CALL: Passed Unanimously.

President Rattner declared Ord.#22-2001 as Passed on Second Reading.

ORDINANCES FOR FIRST READING

Ord. #24-2001 An Ordinance of the Township of Mount Olive Establishing Linwood Road as One Way During Certain Designated Times.

Mr. Guenther moved that Ord.#24-2001 be introduced by title and Passed on First Reading and that a meeting be held on November 20, 2001 at 7:30 P.M. and Mr. Scapicchio seconded that motion.

ROLL CALL: Passed Unanimously.

Ord. #25-2001 An Ordinance of the Township of Mount Olive Authorizing Conveyance of Certain Lands Along Sandshore Road.

Mr. Spino moved that Ord. #25-2001 be introduced by title and Passed on First Reading and that a meeting be held on November 20 at 7:30 P.M. Mr. Heymann, seconded that motion.

President Rattner: Any discussion?

ROLL CALL: Passed Unanimously.

Ord. #26-2001 An Ordinance of the Township of Mount Olive Applying Title 39 of the New Jersey Statute to the Shopping Center Referred to as Mount Olive Shopping Parkade.

Mrs. Miller moved Ord. #26-2001 be introduced and passed on First Reading and that a meeting be held on November 20, 2001. Mr. Scapicchio seconded that 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 that 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.

Motion to approve Consent Resolutions

1. A Resolution to Reject the Bid for the Installation of Thermoplastic Traffic Striping and Pavement Markings for the ITC South Connector Road.

2. A Resolution to Remove Block 400, Lots 1&2, Owned by Trenton Road Corporation, 350 Veteren's Blvd., Rutherford, N.J. 07070 from the October 23, 2001, Mount Olive Township Tax Sale.

3. A Resolution to Remove Certain Properties from the October 23, 2001, Mount Olive Township Tax Sale for the Purpose of Allowing Time for Preparation and Execution of Transferring Title.

4. Resolution of the Township Council of the Township of Mount Olive Authorizing the Execution of a Developer's Agreement Between the Township and Precision Fasteners, Inc.

5. Resolution of the Township Council of the Township of Mount Olive Authorizing the Sale of Certain Vehicles, Which are no Longer Needed for public Use by the Township.

6. Resolution Re: Budd Lake Beach Complex Improvement Grant.

7. A Resolution Authorizing the Refund of Taxes Due to State Board Judgments

8. A Resolution to Cancel Taxes on Various Mount Olive Township Properties Acquired Through Donation or Foreclosure.

9. A Resolution Approving Change Order #1 and the Final Payment to Enviro-Air Technologies, Inc. for Soil Remediation at Turkey Brook Park.

10. Resolution Extending the Cleaning Contract with Tri Maintenance & Contractors on a Month to Month Basis from August 1, 2001, through December 31, 2001.

11. Resolution of the Township Council of the Township of Mount Olive Authorizing Blue Atlas Nursery to Maintain A Directional Sign of Flanders Netcong Road.

12. Resolution of the Township Council of the Township of Mount Olive Authorizing the Refunding of the Sum of $1,000.00 to Kwartler Associates, Inc. in Connection with Two Tax Sale Certificates.

13. Resolution of the Township Council of the Township of Mount Olive Authorizing the Release of Certain Monies Posted by Sprint Spectrum in Connection with a Street Opening Permit.

Mr. Spino moved the Adoption of Resolutions 1 through 13 and Mr. Heymann seconded that motion.

President Rattner opened the Consent Resolutions to the Public. Seeing none.

ROLL CALL: Passed Unanimously.

RESOLUTIONS - NON CONSENT

14. A Resolution of the Township of Mount Olive Opposing the Passage of A-3366/S-1099. (Changing zoning regulations)

15. Resolution of the Township Council of the Township of Mt. Olive, in the County of Morris, New Jersey, in Support of Assembly Bill A-1420. (establishing a time limit on Building Permits)

President Rattner stated that No. 14 and No. 15 are to be removed and to schedule for next workshop. Both will then be up for a vote at the following Public Meeting.

16. Resolution of the Township Council of the Township of Mount Olive Appointing Nicole Whittle as the Deputy Township Clerk.

Mr. Guenther moved for Final Adoption of Resolution No. 16 and Mr. Heymann Seconded that motion.

President Rattner: Any from the public like to address the Council on this item? Would anybody from the Council that would like to address this or have any questions for Miss Whittle?

Mrs. Miller: Just to wish her luck.

Mr. Spino: Welcome to Mount Olive.

ROLL CALL: Passed Unanimously

MOTIONS

1. Bill List

Mr. Scapicchio made a motion to approve the Bill List Pages 1 - 16 as presented in our packets this evening and Mr. Heymann seconded that motion.

President Rattner: Any discussion?

Mr. Scapicchio: On page 8, the seventh item down 000447 date 10/9/01. On one line it has Turkey Brook Development. Below that it has ITC Wetlands below that it has ITC DEV. Just a clarification on what this is? It has a reference to both Turkey Brook and the ITC Wetlands DEV remediation.
Also, what account does that come out of? It has a charged account, but what account is that. Looks to me like a Turkey Brook account.

Mr. Kaplan: That would be the Turkey Brook capital account. I see ITC Wetland Development. I have no idea at this point in time. I would have to get it and actually look at it.

Mr. Scapicchio: I would just propose that we put this off to the next meeting until we have an explanation of to what that is.

Mr. Kaplan: Well do that.

Mr. Scapicchio moved the Bill List pages 1 - 16, as presented in our packet tonight minus the one for Voller's on Page 2 in the amount of $170,719 which was coming out of account C-0455945901 and Mr. Heymann seconded that motion.

President Rattner: Any further discussion?

ROLL CALL: Passed Unanimously

Bingo Application #1008 and Raffle Application #1009 for the Budd Lake Fire Department No.1

Mrs. Miller moved for Approval of Bingo Application #1008 and Raffle Application #1009 for the Budd Lake Fire Department No.1 and Mr. Heymann seconded that motion.

ROLL CALL: Passed Unanimously

OATH FOR DEPUTY TOWNSHIP CLERK

I Nicole Whittle do solemnly square 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 Deputy Township Clerk according to the best of my abilities so help me God.

COUNCIL REPORTS - None

PUBLIC PORTION

President Rattner from the Public that would like to Address the Council.

Jim Buell, 7 Lynwood Ave. Flanders, NJ: My concern is Ordinance #24-2001. The first thing I would like to have. You indicate that there is an attached map in terms of the parking on Rehoboth, Lynwood and Cloverhill Drive, it was not present in the package of material over there. I would certainly like to see a copy of that in terms of what you're asking for in terms of restriction and in terms of parking. I like to phrase my comments and some criticisms of the particular plan. The first comment is, I don't think anybody on Lynwood Ave. or the people affected by this in this area of Jameson and Knollwood have any idea that this is even on the agenda.

President Rattner: Sir, just so you understand, under our Statutes, this is when we do the official notification. We are not taking any action on this. This authorizes us to advertise in the newspapers,
President Rattner (cont'd): public meeting in another month or so. That is on November 20, 2001. The Clerk will get you a full copy, and she will mail that out to you.

Mr. Spino: Don't we usually send notices to the people on that block. That is part of what we do.

President Rattner: We have done it in the past on request, but we will do that.

Jim Buell: There is an easier way to do this. The way the Ordinance is written. Does this mean in the middle of August, that we are going to have a one-way street on Lynwood Ave. between 2:00 and 4:00 in the afternoon.

Mr. Dorsey: August.

Jim Buell: Well is it set? It needs to be clarified in this particular.

Mr. Dorsey: The Restriction in only in affect when school is in session. So I think it is fair to say that it will have no applicability in certainly July and August. The Ordinance does say that.

Jim Buell: Well it is not in the Ordinance as written. The second comment is, I think your direction in terms of making Lynwood Ave. one way is the wrong way. I certainly think something needs to be done. I have sat there for 25 years and watched the parking, and the traffic on Lynwood Ave. at a particular time, when the kids are picked up and the kids are dropped off and that is an accident waiting to happen. My wife's and I, our car have been hit at least twice. I know of about four or five other people on the Street at that particular time during the day, whose cars have been hit in terms of minor fender bender accidents. It is certainly something that needs to be addressed. In terms of looking at it you really need to direct traffic westbound on Lynwood Ave. Instead of the way the Ordinance says eastbound. Quite frankly if you do it this way, when you look at the unintentional consequences of this you are going to force approximately 200 cars back into the sub-division on Jamison and Edgewood, and the other streets. Primarily on Jamison. But now we are going up Lynwood Ave. Naturally. So the first thing I would think in terms of modifying this would be to make it one-way the other way. The second thing that has not been considered in this is that the driveway that the school has, you need to make that a one-way street also. What will happen if you do this is that people will come down Lynwood, and go back up the driveway in front of the school.

President Rattner: Jim, we have a safety officer in our police department, Officer VanNess who gave us a detailed explanation. I had questions when I first saw it came across, putting it on tonight's agenda. He said that he has been working on this for the past couple of years and that he has talked to all the residents. Maybe to get through a lot of your specific points, because we just pass the laws on the recommendations on the Administration. Talk to him directly. That is Scott VanNess.

Jim Buell: I have talked to Officer VanNess on one occasion for five minutes. He said I would be I would be informed in terms of what was happening. I heard last night at 7:30 at night that this Ordinance was on the agenda for tonight.

President Rattner: The Public discussion is in another month. Mayor, would it be possible to have Officer VanNess at the Public Hearing for anybody who would have questions about why certain things were done. He is our professional who has had the training on why he did certain things.

Mr. Scapicchio: I was just going to suggest that maybe we could have a brief workshop on this subject prior to that public meeting and maybe iron out any of the wrinkles. If he has lived there 25 years, maybe he can offer an insight that the Officer may not be aware of.

Jim Buell: That is what I would suggest. It needs to be worked on prior to a Public Hearing. There are lots of things that can be done very easily. There are also things that need to be done with the school, because if you are going to restrict parking of Lynwood Ave., on either side of that street, or both sides of that street, there are not enough parking places for the number of students, mothers and fathers who's cars arrive to pick up the kids. Now you are going to have a real mess. Something needs to be done cooperatively with the school in order to get them to provide more parking or more Jim Buell (cont'd): pick up spaces for the kids in order for this thing to work. The other thing I
Jim Buell (cont'd) would recommend is that you also make this a temporary Regulation or Ordinance and that you review it in six months, because I am not sure anything is going to work.

Mr. Dorsey: I Just want to point out to you, the Ordinance does very specifically say "the one way restriction is only in effect when Mountain View School is open." I know you have not had a chance to really study it, but it says very specifically " when Mountain View School is open" and more specifically during the hours of 7:00 am - 9:00 am etc.

Jim Buell: The other suggestion I would have and again…

President Rattner: Jim, just one second. Mayor could you see if Officer VanNess is available on the 16th and we'll scheduled it for the Workshop. This way he could maybe go in to a little more detail there. We could get this worked out. It also gives the Clerk plenty of time to advertise to keep it on track.

Mayor Licitra: Absolutely. I'll tell and suggest to Sandy that he does his research, and just be prepared that we are getting different opinions of about what happened.

President Rattner: And we will discuss it at a workshop on the October 16, 2001.

Mr. Spino: We did have a map that he provided and I think he did talk to the School Board about it. Unfortunately I don't think any of us have that map with us tonight. Maybe that might answer some of your questions. You could make a copy for the gentleman and then we can discuss it on the 16th.

President Rattner: You could tell your neighbors. Anybody that wants to come down. We usually have workshops. We don't necessarily take comments, but on this type of thing we will. Anybody else would like to address the Council?

Colleen Labow, Budd Lake, NJ: Just one question. It is sort of frivolous, but I thought I would ask it anyway. Mr. Rattner, each evening when you start the meeting and you recognize people in the audience you have someone as a chairman of a committee in town that you never seem to recognize them. I was wondering why that is. Bob Elms, he is the Chairman of the Committee Dispute Panel. He was appointed by Judge Menza.

President Rattner: I am sorry, I will make sure that I announce Mr. Elms, Chairman of the Committee Dispute Panel. Anybody else from the Public like to address the Council. Seeing none, we will close the Public Portion and we will take final Council comments.

Mr. Guenther: A follow up Regarding Camp Pulaski, with the County. I was just following up on what the status of that was, because we have not heard anything in a while. They are undertaking the appraisal and that is supposed to be finished within the next couple of weeks. Then we could go ahead with what we had talked about, as far as conserving that and reach an agreement within what will be preserved.

Mr. Spino: I am glad you brought that up. I am going to ask you to use your good seat on that Board to get them to allow citizens to take up branches and thing like that up there. As far as I know right now they are not allowed to do that. Instead of someone wanting to put their stuff out at their curb-sides, if they had a way to get it up there, that they should be allowed to take it up there and dump it.

President Rattner: Thank you Mr. Spino. Anything else Mr. Guenther?

Mr. Sohl: Two quick comments. It was a pleasure to put out my co-mingled recycling, and as far as efficiency, complements to Mr. Rattner, although I missed most of the meeting. I came prepared in case it was a typical meeting.

Mr. Scapicchio: Just a Public announcement that on October 29, there is a debate that is opened up to the public. There are a total of eight Council Candidates running in this year's Election. The League of Women Voters sponsor and have the moderator available for that debate. Anybody and everybody can attend and it will be in the Senior Center and it will begin at 7:30 PM.

President Rattner: Thank you Mr. Scapicchio. I have no comment

Motion made for adjournment. All in Favor, none Opposed. The Meeting was adjourned at 8:05 PM.

_______________________
Steven W. Rattner
Council President

I, LISA M LASHWAY, Township Clerk of the Township of Mount Olive do hereby certify that the foregoing Minutes is a true and correct copy of the Minutes approved at a legally convened meeting of the Mount Olive Township Council duly held on October 23, 2001.

________________________
LISA M. LASHWAY
Mount Olive Township Clerk

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

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

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

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


 

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