Mount Olive Township Council Minutes
October 23, 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: Mr. Guenther, Mr. Heymann, Mrs. Miller,

Mr. Scapicchio Mr. Sohl, Mr. Spino,

President Rattner.

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; Co-Attorney, Mr. King; and Township Clerk, Lisa Lashway.

ADMINISTRATIVE MATTERS

Sandy Kaplan: Notification today that the sod installation at Flanders Park will begin on Monday October 29, 2001. I got notification today from Gene Buczynski that is the day the project will start.

Mr. Heymann: I spoke with the sod company last week. They assured me that as long as that sod is in by Thanksgiving, we will be playing on the field in the Spring. I spoke to the owner of Surf n’ Turf last Wednesday and that is what they told me. So that’ s good news. Maybe it will finally be over.

President Rattner: We are getting there.

Mayor Licitra: Also the bid Openings for Turkey Brook are on November 1, 2001. I have invited the Recreation Committee and the President of the Leagues to come down during the process. I invite the Council as well if you have time.

President Rattner: What time is it at?

Mayor Licitra: What are we going to do? About 11:00 in the morning?

Mr. Kaplan: I think it is 10:00.

Mayor Licitra: 10:00.

President Rattner: You also have a proclamation?

Mayor Licitra: Yes I do. I’m sorry. Okay.

Whereas voters turn out amongst young Americans is at an all time low throughout the Country and throughout the State of NJ and

Whereas parents have a tremendous influence over the future voting habits of their children and

Whereas when parents vote regularly and talk to their children about the importance of voting, their children are more likely to vote as adults and

Whereas take you kids to vote. New Jersey makes voting family tradition and creates a vibrant participatory democracy by establishing literacy at an early age and

Whereas a democracy will be visibly strengthened as a result.

Now therefore be it proclaimed that I Paul R. Licitra, Mayor of Mount Olive Township to proclaim November 6, 2001 as to be designated as take your kids to vote day and call upon all the people in Mount Olive Township to join their fellow citizens and recognize and are participating in this special observance.

Mayor Licitra: We had invited the forth grade up to the Municipal Building for presentations to them. I think it is sometime in early November, before the Election. We have asked Senator Littel and Congressman Frelinghuysen to come up. We have buttons and literature for them. So we are going to try to push the parents to take their kids into vote on that day, at least with the fourth graders and send things out to the school, items out to the school. The same literature. So I invite the Council, I am sorry I don’t have the date. I will get the day to you. Thank you Mr. President. That is all I have.

President Rattner: Thank you Mayor. I guess we could call this administrative. For the people that have been coming to meetings for the last couple of weeks, you know we have been struggling with Mrs. Miller’s name. We have known her for so long as Mrs. Kelly. She did get married a short time ago to Mr. Miller. With President Rattner (cont’d): that we wanted to give her something to congratulate her on her marriage. This is from the Mayor and the Council. Congratulations!

APPLAUSE: Everybody.

Charlene Kelly: This is a Mount Olive Historic Quilt. This is beautiful. Thank you.

LEGAL MATTERS - None

APPROVAL OF MINUTES OF PREVIOUS MINUTES:

August 14, 2001 CS Present: Mr. Guenther, Mr. Sohl, Mr.Scapicchio, Mr. Rattner, Mr. Heymann, Mr. Spino,

Absent: Mrs. Kelly

October 9, 2001 Present: President Rattner, Mr. Scapicchio, Mr. Spino, Mrs. Miller, Mr. Guenther, Mr. Heymann, Mr. Sohl
Absent: None

October 16, 2001 CS Present: Mr. Guenther, Mrs. Miller, Mr.Scapicchio, Mr. Rattner, Mr. Spino

Absent: Mr. Sohl, Mr. Heymann

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

ROLL CALL: Passed Unanimously with the exception of Mr. Sohl, who abstained on October 16, 2001 and Mrs. Miller who abstained on August 14, 2001.

CORRESPONDENCE

Resolution, Ordinances, Correspondence from Other Municipalities

Resolution received October 15, 2001, from the Borough of Madison supporting efforts to examine and address traffic management options in Morris County.

2. Resolution of the Borough of Lincoln Park received October 18, 2001, supporting A-1420 (time limit on Building permits).

3. Ordinance of the Township of Washington received October 19, 2001, amending their land use ordinance.

4. Resolution of the Township of Hanover received October 19, 2001, recommending certain amendments to the Year 2002 JIF Budget on Introduction.

League of Municipalities

Letter received October 17, 2001, from the Morris County League of Municipalities regarding League Dinner on November 14th.

MSA/MUA

6. Minutes received October 9, 2001, from the Musconetcong Sewerage Authority regarding the September 5, 2001 meeting.

DOT / DEP / Permit’s / LOI’s

Letter received October 15, 2001, from the State of New Jersey, Department of Environmental Protection regarding permit for construction and operation of a sanitary sewer extension to serve the proposed senior citizen facility, located in the Township of Mount Olive.

Correspondence from Legislative Representatives

Letter received October 9, 2001, from Congressman Frelinghuysen regarding “Operation Enduring Freedom.”

Letter of Thanks received October 12, 2001, from Acting Governor Donald T. DiFrancesco regarding the receipt of the Resolution regarding Attack on America.
Correspondence from Organizations / Committees / Boards

Letter received October 11, 2001, from the Morris County Organization for Hispanic Affairs, Inc. regarding their 25th Anniversary Gala.

Minutes received October 17, 2001, from the Morris County Planning Board regarding the September 6, 2001 meeting.

Land Use / Development Matters

12. Letter received October 12, 2001, from Atlantic Traffic & Design Engineers, Inc. regarding Proposed Commerce Bank EB Route 46 (MP 24.7 ) & Sand Shore Road Block 8301; Lots 14,15, & 16 regarding an Application to the DOT.

President Rattner stated that we had received 12 items of Correspondence and asked Council if there were any comments on same.


ORDINANCES FOR PUBLIC HEARING

Ord. #23-2001 An Ordinance of the Township of Mount Olive Amending and Supplementing Section 88-1307 Entitled ATrucks Over 4 Tons Excluded of the Mount Olive Code (Establishing a 4-ton truck weight limit on Mooney Road)

President Rattner opened the Public Hearing Ord. #23-2001.

President Rattner closed the Public Portion on Ord #23-2001.

Mr. Heymann moved for Adoption and Final Passage on Ord #23-2001 and Mr. Scapicchio seconded the motion.

President Rattner: Any discussion?

ROLL CALL: Passed Unanimously

President Rattner declared Ord. #23-2001 as Passed on Second Reading.

ORDINANCES FOR FIRST READING

Ord. #27-2001 An Ordinance to Amend and Supplement an Ordinance Entitled, An Ordinance of the Township of Mount Olive Implementing the Emergency Services Volunteer Length of Service Award Program (Ord. #32-99) (LOSAP change point system for Budd Lake Fire Department)

Mr. Guenther moved that Ord. #27-2001 be introduced and passed on First Reading and that a meeting beheld

on November 20, 2001 and Mr. Scapicchio seconded the motion.

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

Resolution of the Township Council of the Township of Mount Olive Renewing the Plenary Retail Consumption License of Michael J. Monaghan License Number 1427-33-002-004 (Previously Known as Elsie’s Sizzling Steaks or the Blue Bird Inn).

Resolution of the Township Council of the Township of Mount Olive Waiving the Restrictions of the Township’s Noise Ordinance Relative to ITC/AIG Baker.

Resolution Relative to Robert Arsics Providing for a Refund (Sewer Assessment Charges).

4. Resolution Authorizing an Agreement with Mount Olive Township and the County of Morris for Utilization of the Sheriff’s Mobile Date Terminal.

5. Resolution of the Township Council of the Township of Mount Olive Requesting Approval from the Director of the Division of Local Government Services for Insertion of a Specific Item of Revenue into the 2001 Municipal Budget ($1,922.00 for Public Health Priority Funding) (Netcong Health Services).

6. Resolution of the Township Council of the Township of Mount Olive Requesting Approval from the Director of the Division of Local Government Services for Insertion of a Specific Item of Revenue into the 2001 Municipal Budget ($150,000.00 for Grant to Retrofit the Library into a Teen Center).

7. Resolution of the Township Council of the Township of Mount Olive Requesting Approval from the Director of the Division of Local Government Services for Insertion of a Specific Item of Revenue into the 2001 Municipal Budget ($100,000.00 for Grant to Fund Improvements and Renovations at the Budd Lake Beach Complex).

8. Resolution of the Township Council of the Township of Mount Olive Authorizing a Settlement of Litigation. (Health Choice).

9. 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.

10. Resolution of the Township Council of the Township of Mount Olive Authorizing the Release of All Performance Guarantees RE: Target Industries, Inc. (Bartley-Flanders Rd. across from Weis Market)

11. A Resolution Supporting an Increased Morris County Open Space and Farmland Preservation Trust Fund.

12. A Resolution of the Township of Mount Olive Opposing the Passage of A-3366/S-1099 (prevents a change in zoning of property once an application for development is filed).

13. 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. (3 year time limit on building permits)

14. A Resolution Increasing the Contract with Mumford Bjorkman Associates for Professional Engineering and Inspection Services for the Painting of the Oakwood Water Tank..

15. Resolution of the Township of Mount Olive Authorizing the Cancellation of Capital Ordinances Balances.

Resolution of the Township Council of the Township of Mount Olive Awarding a Contract to Deluxe International, Inc. in the Amount of $144,786.00 for Two Recycler Body Trucks.

Resolution of the Township Council of the Township of Mount Olive Extending the Contract of BIU Through November 29, 2001.

Resolution of the Township Council of the Township of Mount Olive Authorizing the Business Administrator to Execute an Application for an Extension of an NJPDES Discharge to Groundwater Permit for the Amoco Gas Service Station.

Mr. Sohl moved for approval of Consent Resolutions No. 1 through No. 18 and Mr. Heymann seconded that motion.

President Rattner opened the Public Portion.

Richard Bonte, Budd Lake, NJ: Question on #16 and the recycling trucks. What type of trucks are these and what will they be used for?

Mr. Kaplan: Do you want to know the make and model?

Mr. Bonte: What type of style are they?

Mr. Kaplan: They are the box trucks. Similar to what we’ve had before.

Mr. Bonte: What are we going to be using them for?

Mr. Kaplan: To collect the recyclables

Mr. Bonte: Which recyclables?

Mr. Kaplan: All co-mingled.

Mr. Bonte: Why would we use trucks like that for collecting co-mingled recyclables?

Mr. Sohl: I asked the same question last week and my understanding is we still have to compartmentalize certain…It is not that everything is co-mingled.

Mr. Bonte: Wouldn’t the most effective method of picking up the co-mingled portion of our recyclables be a packer truck?

Mr. Sohl: And you need yet another truck to go around for the newspapers, and cardboard.

Mr. Bonte: I would think that if we picked up the correct type of trucks for the bulk of the recycling, it would free up some of these other trucks that we are now using. These trucks are very inefficient trucks and they don’t hold very much material. So they are very driver and labor intensive. I would think since we have taken the first step in moving toward this co-mingled recycling, where probably the most largest amount and volume is the glass, cans and plastics, I would think what we want to do is cram as much as that stuff as we can into packer trucks, rather than these open trucks that do not hold very much volume.

Mr. Spino: I vote the same thing. Although part of that problem is the office paper and the newspaper cannot be thrown in that, so that means we would have to send another truck out for that.

Mr. Bonte: How many of this style trucks do we have now? If I recall from when I was working on this study, I thought we had in the neighborhood of 12 or 13 of these trucks being used.

Mr. Kaplan: No

Mr. Bonte: Or the flatbed trucks that we are using for recycling.

Mr. Spino: After these purchases we will have four.

Mr. Bonte: You are saying we only have two now.

President Rattner: I think we only have two eager beavers, we have some flatbeds, we have a lot of different a lot of different old trucks. Some of the flatbeds were a garbage truck that they took the body off and just put

a bed on.

Mr. Bonte: There is really no reason why newspapers cannot be picked up in a packer truck either.

Mr. Spino: That is another truck. That is what I am saying. If you did it that way, newspaper and office paper or junk mail you would have to send out three trucks.

Mr. Bonte: You have a couple of options.

Mr. Spino: I am only saying this what we have been told. I said the same thing. Why not use a packer truck and pack it all in? You have a send out a truck for the recyclables, the co-mingled recyclables, and then you have to separate the two kinds of paper we’re going to put in there.

Mr. Guenther: There are actually five different. There’s the cardboard, corrugated…

President Rattner: We are still picking up oil, antifreeze, batteries…

Mr. Spino: It is a labor intensive and inefficient way of doing it.

Mr. Bonte: So why are we continuing to do that? That is my question.

Mr. Kaplan: The supervisor felt, Mr. Kennedy that he still needed the compartmentalized truck. We had discussed that.

Mr. Bonte: Some of these items don’t need to be picked up on a weekly basis. If you take a look at this there is absolutely no reason at all to be picking up antifreeze, oil and batteries on a weekly basis. You could probably even go to cardboard on a monthly basis. There are packer trucks on the market that have two and three chambers. That’s what some of the guys in this business use, because it is so much more efficient to pack as much stuff in there as you can. But especially the bulky items. You could probably pick up the whole Town with one or two loads because all that stuff is so highly compressible. And we are not doing that now. They throw these things in the back of these trucks that take up a lot of space. Especially all the plastic bottles. I think before we go out and spend $144,000 on trucks, I think we should take a good hard look at what it is we really need in the environment we are now operating so that we could maximize on the savings here.

Mr. Guenther: Your comment regarding certain items that do not need to be picked up every week. It is my feeling that I think there have been arguments made by pro-recycling people. That if you do not offer that service on a fairly steady basis, this stuff gets dumped in an illegal way. Especially oil, or hazardous materials, or batteries get put in with the garbage, or get dumped in the ground in some way that you don’t want it. You’re right, you’re not picking up huge loads of oil every week and a huge load of batteries. But I think if you are going to have a serious recycling program and do not want some of these things to get into the environment, you have to offer that service. It is a fine line, I understand, but I think you do. Also I want to reiterate the point, unless things have changed, I seem to remember there are at least six different types of paper and cardboard that can be recycled. There is chipboard, there is corrugated, there is office paper, junk mail,

newspapers, and I believe milk cartons, and orange cartons.

Mr. Bonte: It all comes down to three Bernie. Newspaper, cardboard and everything else.

Mr. Guenther: But it is not. You still have to separate it.

Mr. Bonte: We are not separating it.

Mr. Guenther: Yes we are.

Mr. Bonte: No we’re not. All you have to do is go to the Recycling Center.

Mr. Spino: You could keep it separate, or you could put milk cartons, cardboard pizza boxes, what you call chipboard, junk mail and office mail. You could put that all in, in one package. You have to separate newspaper, corrugated and the rest. So that is three separate things.

Mr. Guenther: So you could put chipboard in with junk mail?

Mr. Spino: Yes.

Mr. Bonte: I believe, correct me if I am wrong Sandy, but I believe the oil is actually picked up by the garbage trucks. They have compartments on the side of the garbage trucks for the small amount of oil that is actually picked up in town. It is not actually picked up by the recycling trucks. I am almost positive that is where that is being picked up. I would just like to ask….You know we have talked about this for six years now, as far as a more efficient method. We made a proposal at least four or five years ago, to look at these combo packer trucks, because they are very very effective for picking up recyclables for picking when you are down to a smaller number of recyclables. I think it is something we really should take a hard look at. The trucks that we are using now have a very small load capacity because of volume, not weight. It is a very labor-intensive operation. I think we need to get away from that. I think that we need to go to a truck that… you would probably find that on a normal route you wouldn’t be about to fill a packer truck on one day with glass, cans, and plastics. My guess is that truck will probably sit over night half full and would get filled the next day.

Mr. Kaplan: You probably have to designate one packer truck solely for that operation because you can’t contaminate the recyclable’s. So you would be taking that one vehicle and just making it for that purpose.

Mr. Bonte: Think of how efficient that might actually be. Compared with the number of runs that we have to do now, to unload this stuff. All these eager beavers drive down to Mine Hill?

Mr. Kaplan: No, the County is coming here.

Mr. Spino: Oh, so we offload it here, which is even more inefficient.

Mr. Kaplan: No, not inefficient. The County gives us dumpsters and then they come and pick up the loaded dumpsters.

Mr. Bonte: If you stand up here, and watch what happens here, our guys go in the back of the trucks, and physically throw that stuff out of the trucks into the dumpsters. Where as if you had a packer truck full load you could take that packer truck, drive it down to Mine Hill, once every two days, and just dump it. I think it is something that we need to take a look at. I don’ think there has ever been a good industrial management type study to look at what is actually being done, and look at what this is costing us and what it is costing us in time and labor. Thank you.

President Ratter: Anybody else have any other comments? Anybody else from the Public like to address any of these 18 Resolutions? Seeing none. Any other Council discussion?

ROLL CALL: Passed Unanimously with the exception of Mr. Heymann and Mr. Guenther who voted no on Consent Resolution #12. Mr. Spino and Mr. Scapicchio voted no on #2 and President Rattner voted no on #16.

RESOLUTIONS – NON CONSENT

A Resolution of the Township of Mount Olive Appointing an Attorney. (Hashemi Litigation)

Mrs. Miller moved for Final Adoption of Resolution No. 19 and Mr. Scapicchio seconded that motion.

President Rattner: Would anyone from the Public like to address the Council on this Resolution? Seeing none. Any Council discussion?

Mrs. Miller: I am not really in favor of this. Should I be motioning to this?

President Rattner: That is okay. You could vote with your conscience.

ROLL CALL: Passed Unanimously with the exception of Mr. Heymann who abstained and Mrs. Kelly voted no.

20. 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, LLC (Oak Hill Section 1 – Section III) (Block 8803, Lot 36, Block 800, Lot 32, Block 900, Lot 59)

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

President Rattner : Would anyone from the public like to address the Council on this Resolution? Any Council Discussion? Roll call.

ROLL CALL: Passed Unanimously

21. Resolution of the Mount Olive Township Council Opposing the Morris JIF Proposed Budget for 2002.

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

President Rattner: Would anyone from the public like to address the Council on this Resolution? Any Council discussion?

Mr. Scapicchio: Just a couple of brief comments. It is to my understanding that in the year 2000 BMED has lost $5,000,382.00. There is a projected loss of $6.5 million for 2001. They are trying to assess Mt. Olive Township with an assessment of….

Mr. Kaplan: This Resolution deals with the Joint Insurance Fund, not the BMED. Two different things. This is not the BMED you’re dealing with the Morris Joint Insurance Fund, which is not Health Benefits coverage.

Part of the issue in the JIF was the administrator’s increase and that is part this. I just want to clarify it for you. We are not talking about the BMED though this is the Morris Joint Insurance Fund, which is the same administrator.

Mr. Scapicchio: That is correct. Which lost $5 million in 2000, and a projected loss of over $6 million

for 2001.

Mr. Kaplan: That is still the BEMED. I don’t think that is the JIF.

Mr. Heymann: JIF pays us in dividends. I don’t think there has been a loss with JIF. It is just an increase that they are sneaking in there and that is what we are voting down. It is an administrative percentage increase.

Mr. Kaplan: The memorandum was faxes over by Paul C. McDougal on October 19, which gives some form of explanation of why the increase in being requested. Do you have that Dave?

Mr. Scapicchio: I do. I understand it to be that the same company services both the JIF and the BEMED. My point is that Kickham has requested an 8 or 10% increase in his annual fee. I have four points. I would like to complement the Mayor and the Administration for having found an alternative six months ago. Not withstanding a long term relationship that the Mayor had with Mr. Kickham. I would like to note that when Mr. Kickham appeared before the Council, he never mentioned any kind of a supplemental assessment and only mentioned a 9-10% increase. It is also to my understanding at their meeting of October 17, the elected officials that were represented at that meeting had raised the question with Mr. Kickham on what he was doing when BEMED was sinking down into the dumps. I guess we need to decide what kind of action we want to take relative to the assessments that they are trying to get from Mount Olive Township.

Mr. Kaplan: That assessment is as a result of the BEMED which we are not a member of anymore, but they can back assess us based on the contract that we signed with them back in 1999. That is what that assessment is all about, which we are still fighting, and which we are still waiting for the DCA in Trenton to make a decision on how it will be paid and if it will be paid. The Morris Joint Insurance fund, which covers, are property, liability and auto coverage which is also administered by Perma is also asking for an 8% across the board increase which is explained in that letter that I just mentioned to you that you have in front of you. Mr. Kickham’s company is also the administrator for the Joint Insurance Fund, and he is requesting an 8% increase in their administrative contract. Several other Municipalities have sent us Resolutions also objecting to the adoption of the JIF budget. I just wanted to clarify.

President Rattner: Any further discussion?

ROLL CALL: Passed Unanimously


MOTIONS

1. Bill List

Mrs. Miller moved for the approval of the Bill List and Mr. Heymann seconded the motion.

President Rattner: Any discussion?

Mrs. Miller: On page four, this last item, the nest boxes. I understand that they came unassembled. They were not ready made. It that is the case, the price that was paid was for them to be completely assembled. To buy them as a kit was less expensive. We are not getting what we paid for.

Mr. Kaplan: I am not aware of that.

Mrs. Miller: I just found out through the grapevine. From the recreation department. That they came in and they were unassembled and the price that we paid was for pre-assembled ones, not for a kit. If we are going to keep them, lets have that price adjusted.

Mr. Kaplan: Or we can ship them back and get what we had ordered.

Mrs. Miller: Right because, there was a difference. $18.00 vs. $30.00.

Mr. Kaplan: Know one told me that.

Mrs. Miller: Well, I just it myself, so.

Mr. Kaplan: I will check into that tomorrow.

President Rattner: There is one note on the Bills. There are two items on there, which we discussed before.

First, it appears that we are paying the final bill for a Rochelle, of over $200,000 just wanted to make sure that everybody realizes it is on there and there is no further discussion on that.

President Rattner (cont’d): The other is the Voller’s Bill appears on there again, the one that we had a description. The work was done but the description was wrong. Mr. Scapicchio identified it at our last meeting. So I don’ t have a problem. Everything else looked in order, I just wanted to mention that those two things are on there. Seeing that there is no further discussion, I will take a Roll Call.

ROLL CALL: Passed Unanimously

2. Approval of Raffle Application #1010 for St. Elizabeth Ann Seton Parish and Raffle Application #1011 for the Mount Olive High School Parents Club.

Moved for approval of Raffle Application #1010 and #1011 and Mr. Heymann seconded that motion.

ROLL CALL: Passed Unanimously

COUNCIL REPORTS

Library Board Liaison Report

Mr. Sohl: Thank you Mr. President. As you know we applied for a grant for the new Library. While that is still in the process, some preliminary information coming out of Trenton, indicates the very strong likelihood that we will get almost a million dollars. That is simply based on the amount of applications in total vs. the amount of available funding, and what the state group or committee has done was just allocate on basically a straight sliding scale of 83% of what was asked for. So, that puts us in very good standing. It is still likely we would have to go through the legislative process in terms of that approval, but should be a fairly routine process.

Recreation Report

Mr. Heymann: We spoke a little bit about Flanders Crossing, and you know what is going on with Turkey Brook, and nothing else at this time.

Board of Health Report

Mr. Scapicchio: At the last Board of Health meeting the Board had to discuss two issues of importance to them. One was they wanted to look into either the complete banning of smoking in restaurants or trying to somehow have a system where a establishment needs to be of a certain size before they can offer smoking sections. The other thing that generated some significant discussion was the security of our water system infrastructure and what they have requested and they sent a Resolution down to the Council and the Administration is the DPW director to come to their November 8,th meeting to give us a review and critique the present security system that is in place for the water infrastructure of the Township, and to recommend any improvements that may be needed and there may be not. That is the report of the Board of Health.

Planning Board Report

Mr. Spino: No report for the Planning Board, but I do have a question for Mr. Scapicchio and the Board of Health. I will recommend that they include and we do have the sites on Goldmine Road of Businesses and private businesses, and they can collect hazardous waste and they could be as innocuous as an old perfume from what I am told to something else more serious. I hate to be an alarmist. I don’t think I am but I think we should be precaution especially with the fact that someone tries to steal a vehicle. I think they should look into that also. Make sure that they know what is going on.

Mr. Scapicchio: I think that the Board is interested in looking at all of that. Sandy, is the Administration prepared to have, I know it was short notice, but the board felt that it was important to have him present at the November 8th, meeting.

Mr. Kaplan: We discussed it already, he told me that he will be at that meeting.

Mr. Scapicchio: Okay good. You know I think the other thing too that the Board discussed just to pick up on that is they were concerned with discussing what may or may not be some short comings in the security in that system, and they want to make every effort to try and have this discussed in closed session so that if there are any deficiencies they are not out in public purview and they could be taken care of in the appropriate manner. I believe Mr. Fisher is working on that.

President Rattner: We probably have to look at the report, I mean if it is a satisfactory report and just say we are going to make improvements, that’s one thing. Obviously, if there is a glaring problem we want to have a chance to address it, before we advertise it, and I think that is appropriate. Thank you Mr. Scapicchio.

Open Space Committee Report

Mrs. Miller: We had the closed session last week, so you are pretty much up and up on their latest develop-ment and I would just like to remind everybody that they’re going to give the oral presentation on Thursday October 25th, at 6:30 at the Morris County Open Space Committee and I guess they’re looking for Council support. So if anybody could go to that. Thursday October 25, 2001.

Legislative Committee Report

Mr. Guenther: There is no report at this time.

Master Plan Report

Mr. Scapicchio: No report at this time.

Pride Committee Report

Mr. Guenther: None at this time.

PUBLIC PORTION

Dean Griffith, Budd Lake Road, Netcong NJ: The sign is actually Ledgewood Ave. I am adjacent to the ITC/AIG Baker construction site for the Sams Club in detention basin No. 5 in particular is where my concerns are. I have taken to writing a number of letters and I have been in contact with Mr. Buczynski, over the last several months. The problems that I have with my property are that the water levels have come up abnormally in my side yard anytime it rains and we have been having some different issues. I have been before the Town board of Netcong figuring that was where we had to go. The first problem that I had was actually before the project started I had called the Town because there appeared to be some sewage on my side lawn. The issue basically, they said they were going take care of it and in the meantime I let my side property overgrow with the grass and things. I have since been trying to clean it up; I went back before the Netcong Board and they sent the Public Health Official over to the other homes and had been refused entry. I really do not know what the pending status is, but in the meantime with the AIG Baker project the first problem that I had was with the release pipe from the detention basin No. 5. Initially it was aimed right at the back of by property literally splitting my lawn if half. They did accommodate me and move that pipe. However, I did not feel that the movement of the pipe did any thing to alleviate my problem. I had the Town of Netcong over, my yard has been flooding and things. I had the Netcong Engineer over to my home and he had said that the water tables, there is a problem there. But even with all my letter writing and things nothing has been really addressed at this point and the Town of Netcong advised me to come before you. They had said one of my main concerns was my septic system all along, and they had said that there was allocation to hook us up to the Mount Olive Sewer Authority. I received a letter from Schoor DePalma, Mr. Buczynski saying that really that is something that AIG Baker would have to accommodate me with. I have taken a number of pictures of my yard of what it was like prior to this construction starting and some of the issues that I had to deal with now. At this point I am just concerned about my septic systems. I have asked to be hooked into the Mount Olive Sewer Systems, but they seem to think that my property is at a low standing level, and they said that I was basically on a down hill from the sewer lines and there would have to be some sort of pumping station. My argument to that was I have been put in a fish bowl, they built up all around me. They have raised the ground levels all around my property and literally put me in a basin. Years ago the property was level before they came in with Route 46 and raised it and before they came in with 80 and raised it and now this project. In the back of my home it has literally put me in a bowl. I have a few pictures here that I would like to pass around so you could see exactly what I am talking about. A couple of them are two-three years old and then the latest ones were taking during one of the rain storms. I have rivers coming where there was dry land before.

Mr. Heymann: How close is he to our sewer hookup. What would be the closest hook-up?

President Rattner: Probably the entrance to the Trade Zone.

Mr. Griffith: 1800 Feet I was told.

President Rattner: The Masonic Lodge. But it is up hill. So we need a special pump station. That could not be pushed by a grinder pump I don’t believe.

Mr. Heymann: Did you say you spoke with AIG Baker or that is just one of the options they told you have to do.

Mr. Griffith: I have written three or four letters, I could leave copies for your review if you like. The first one was right from the beginning in December when I first realized that this project was going to come down right behind my house I started with how is the water going to flow? I never realized that they were going to put a water basin in. I never really cared about the fact that they were building up there. That was their prerogative. I just did not want it to affect my property. I was hoping to resolve it in the sense that if this were going to

cause a problem then they would fix it. But their general consensus is that well we received the State approvals, it is going to work or it might work or theoretically it is supposed to work. But there is a number of things that I have seen happening, along with the raising of the water in the ground near my home. The water running across the top of the ground. It is pooling in my side yard. The river level is coming up. I have Wills Brook on the one side of my property. The level of the stream has risen up. There have been problems within the street the Town of Netcong was going to take care of that because apparently the mud was washing down and filled in one of the drainage lines filled it up so the water could not run through and it was running down the street. There has just been a number of problems and as I said I have written to Mr. Buczynski and I just did not feel that I was getting anywhere with him. He has been cordial, but I do not feel that I have received the attention that this matter needs.

President Rattner: A couple of the members want to say something.

Mr. Sohl: Your property is totally within Netcong?

Mr. Griffith: My property is totally within Netcong and that was another thing, when I went to look….

Mr. Sohl: So now the property that they are developing is adjacent to you, so is the border your property line?

Mr. Griffith: It goes caddy corner to my house up on an angle is Mount Olive’s property. They are putting their water onto Mount Olive property and they say that is okay, but it is running down onto my land.

President Rattner: Could you pass around your pictures so could look at them why you talk to us?

Mr. Griffith: There were also major problems up on the other end. When they put the project down, the water literally looked like it was squeezing out the sides. Well they were working, they took their problem, but as far as my end of it is concerned, they really…


Mr. Sohl: Whether it is Gene or not we are to get some feedback or report as to what . The border is just a boundary line, you’re not supposed to have water going on to other properties in the first place.

Mr. Spino: I was going to suggest that you and someone from the Mayor’s office and Mr. Griffith…

You need to have Mr. Buczynski present to discuss it. You live at the turn.

Mr. Griffith: There is actually four homes in the Town of Netcong. I have the Red Ranch House on the end. The last one before you go up the hill.

Mr. Spino: The first time I ever campaigned, I went to a house next to you and said I am running for Council and they said well, if you are running in Netcong, we can vote for you. Maybe that should really be Mount Olive. I would think that a meeting with yourself, maybe Council president, and someone from the Mayor’s Office, and the Engineer, to discuss it so we actually know what we are talking about. He could go out and visit, give us a report and we could go from there.

Mr. Kaplan: I will be happy to proctor that meeting, but I would like to have some of the correspondence. If you could make copies. I have never seen any correspondence.

Mr. Griffith: I find it kind of ironic that you have not heard anything. I felt like I have been hitting a dead end with Mr. Buczynski.

Mr. Spino: To be honest with you, we may of gotten the letter. I do not personally remember it.

Mr. Griffith: I have had the engineers out there, I have had the health officials out there. Every time it rains the AIG Baker trucks are sitting on the side of my property watching what happens, and basically nothing is happening at this point. I have asked them. “what am I supposed to do?” I am not getting any advice, I am not getting any help, and basically what I have come across is wait for your septic system to go bad, then sue. That was not directly said to me, so I don’t want to make an accusation but that is what has been going around as I have been trying to talk to people. I had said it to an individual.

President Rattner: We don’t have to talk about that. Mr. Kaplan. Why don’t you try arranging a meeting one time with Buczynski here. Let me know and I will see if I could attend. But I think it would also be valuable if you make contact with your counterpart in Netcong, and just find out what kind of documentation they have. If he has been complaining in Netcong, and their Engineer has been out there, you know at least that will give us some more information and I think the more information we have the faster we could resolve what the problem is and who is to blame.

Mr. Griffith: When I spoke to Mr. Buczynski, the last time that I had a conversation with him, he told me that he knows we have a sump pump in our basement, and I said yes we do. He says well you must have had water problems all along, and I said no I have not had any water problems and particularly not like this. This has gotten crazy, basically I am very concerned about my septic system.

President Rattner: I know that when you had the problem with the pipe I remember we were aware of that we were told that AIG Baker redirected that, Mr. Buczynski is not normally here. He is our paid professional that comes on an as needed basis. He is not on the staff of the Town. But I think it is also important that when Mr. Kaplan talks to the Administrator in Netcong, we find out their records from the visits they made out to your property. So we do not have to start from scratch here. If they have already observed something, we can use that. We will arrange that as soon as possible.

Mr. Griffith: I appreciate it because I don’t know what’s going to happen once they get their certificate of occupancy approvals and this whole thing is completed. They have said all along, that they were doing everything according to spec, but I am up there watching them put the embankments of the detention basin where we are basically starting to wash away, and they lined them all with plastic, they have been up there with bull dozers and the walls that are literally holding up the ground to hold the building are separating and splitting apart. I walked up there. I have taken additional pictures of their walls and they said we are doing everything according to Code.

President Rattner: I know you are upset, but we can’t do more than get the issue out, get the right people at a meeting and start discussing it. As I said we will do that as soon as it is practical. When Mr. Buczynski is in town we can get the information from Netcong. I would imagine if Netcong wants to send a representative they could to cause they may have some information to offer, and we will do it that way,

Mr. Griffith: Like I said. I had the Mayor out there. I had the Public Health Officials out there. I had the engineers out there, and Mr. Buczynski has been out there.

President Rattner: When we arrange the meeting, either the Clerk or the Mayor’s office will get in touch with you, and you will know the date that we can all attend.

Mr. Griffith: Okay, and there was one other issue that I would like to address quickly. I was just wondering if the Council could step in on my behalf or something and do something not about the trucks that are traveling up and down Legewood Avenue between the sight projects, however they are traveling at an excessive rate of speed. They are coming down the hill at my house they must be doing 40 mph in a tandem dump truck downhill. I had called up once and mentioned it, and I was just hoping maybe somebody could speak to AIG and have their drivers slow down a little bit on the road, if that could be done. I don’t have a problem with the trucks being on the road, they are just driving fast

President Rattner: I think the Administrator will talk to the Police Department, it sounds like that is an enforcement issue and we will do that as a regular course of business.

Mr. Kaplan: I just wrote a note to talk to Chief Katona about it.

Mr. Spino: I would also recommend that Mr. Kaplan check to make sure and find out if the trucks can indeed

use that street. It was my understanding that the trucks were not to go on that road. That they were supposed to exit their property from construction areas, not on Township Road. From 46, 206.

Mr. Griffith: They are running up and down my road every day.

Mr. Spino: If they are coming up and down your street, they’re coming out of the culdesac, on the north end of Flanders-Netcong Road by Mr. Thompson’s property.

Mr. Griffith: I guess they are running up and down the hill. I don’t know where their destination is once they get to the top of the hill, but they are running up and down the hill past my house.

Mr. Scapicchio: If they are moving the dirt off site, they specifically represented to us that they were not going to use that road, because that was a question I had, that they were going to access directly on to Route 46.

Mr. Griffith: My daughter and I cannot ride our bicycles on the road, because they are up and down there.

Mr. Scapicchio: So Sandy, I think we need to look into that.

Mr. Spino: Maybe we should hold off on Resolution No. 2 until that is all finalized.

President Rattner: I think what we can do with the speeding, with the trucks and even finding out whether they are allowed on there. And we will try getting a meeting as soon as it is practical to come down and discuss all the different issues you have.

Mr. Griffith: I appreciate your time. Thank you.

Bin Juh, Randolph, NJ: The honorable Mayor and Council members; We are Falun Gong practitioners in Morris County. Today, I would like to talk about the persecution of Falun Gong practitioners in China. Falun Gong, as you might know already, is a traditional peaceful cultivation and practice system for mind and body. It is based on the universal principles of Truthfulness, Compassion, and Tolerance. Master Li Hongzhi, founder of Falun Gong, has been honored by officials in the world with over 600 awards and honors, and is a two-time Nobel Peace Prize nominee. Since July 20. 1999, the leadership of the Chinese Communist Party has implemented a brutal crackdown against Falun Gong, which they deemed a threat after the practice outgrew the Party’s membership. The U.S. State Department and Amnesty International confirm that China’s regime is ordering the arrest, detention and torture of Falun Gong practitioners. We now know that at least 280 people have been killed as a result of brutality in prisons, labor camps and mental hospitals. Amnesty International and other human rights groups documented these closely. To uphold human rights and stand up for the people whose voices cannot be heard, the U.S. State Department, the U.S. Congress and New Jersey State Assembly have conveyed strong concern to the Chinese government on their crackdown on the Falun Gong and urged the Chinese government to put an end to the persecution of Falun Gong practitioners. Recently, the councils of Newark, Jersey City, Edison, Woodbridge, Irvington, Millburn, Chester, Morristown and Parsippany passed resolutions fully supporting Falun Gong and condemning the persecution in China. As residents who are against violence and respect human rights, we believe that it is our responsibility to speak on behalf of those who cannot be heard, to bear witness on behalf of those who cannot testify, to protect those who put not only their livelihood but indeed their lives on the line. We call on the officials of Mount Olive to use all possible channels to send the message that Mount Olive is strongly against the injustice and violations of human rights against Falun Gong practitioners in China. Our world needs peace and living beings need sincerity, kindness, and tolerance. We strongly believe that justice will definitely defeat the evil. Right now, all the kind-hearted people in the world need to work together, help each other, and stand shoulder by shoulder.

Thank you very much.

Richard Bonte, Budd Lake, NJ: I wanted to personally thank the Mayor and the members of the Mount Olive Pride Committee for personally paying to put up the sign with the Flag that says God Bless America.

Mayor Licitra: I did not pay for it personally Rich. We got it for nothing. Every three or four months we change the lettering on it. I am honored that the Pride Committee put my name it, and I am honored that they put their name on it so people could see what they are doing. But no, I did not pay for it and neither did you. But thank you anyway. Did you still want to thank me?

Mr. Bonte: Well as a Mount Olive Resident, I personally think it would be much more appropriate if it stated on the bottom of that sign. Dedicated to the WTC victims and families from the residents of Mount Olive. I view and take offense to the wording that is on the bottom on the sign at the present time. It was not sponsored by the Mount Olive Township Pride Committee.

Mayor Licitra: Yes it was.

Mr. Bonte: No it was not. When you sponsor something it means you pay for it.

Mayor Licitra: I think we have a matter of semantics. Rich I think that you are the first person in this whole Town that I have heard say that they have a problem with that sign.

Mr. Bonte: I am going to tell you something Paul, I have been greatly disturbed by what happened on September 11, 2001. It’s one of the reasons why I have not been here for the last seven weeks. But when I drove by that sign the other day. I was deeply offended, because I looked at the bottom of the sign and saw an event being used for political purposes. I would like and I would request of this Council, that the wording on this sign be changed to reflect something to the order of “ Our condolences to the families and victims of this tragedy that happened on September 11, from all of us as residents.

President Rattner: Anybody else like to address the Council

Colleen Labow. Budd Lake, NJ: I just want to say that I have to agree with what Mr. Bonte says. I will go further. I have to say, when I first saw it a couple of weeks ago when it first went up, and I drove down Route 206, and I first saw it, it filled me with a sense of pride to see it there. I was really, really excited. What happened a couple days after the attack, I was driving past our Town Hall, and very much to my dismay I did not see one flag on the road side. I must say I was absolutely devastated. I called the Mayor’s office, and I was told, and I said to them flat out in the courtyard, but however with it being half mass, you can’t see it from the roadside and you really can’t see it from the road anyway. I had suggested that we have some flags put on the roadside so that people could see that our Town sympathizes and is proud to be Americans. They said they would get back to me. Then I also called the Clerks office and I spoke with Nicole and she said she would check into it. I was given back the response, I was told that they feel that we have enough flags on Route 46 and that’s where our representation is. So I said I totally disagree, that when people come especially the children, when they go past the Town Hall they should see the flags on the roadside. Then I felt that we should have the Flags out there. The response was from the Mayor’s office well we will have to go to the store and try to find some because they are very hard to find. I said well can’t we just take one or two off Route 46 and put them on the roadside part of the building. So I stopped at a store in Chester they had just gotten flags, I bought a bunch of flags to at least put them out. When I got back I found out that the problem has been rectified they did find flags. It was really nice because I had about 10 flags and I gave them out to people who were here. So I do want to thank the Mayor’s office for finding the flags and putting the flags out on the roadside, so everybody driving by can see, because it is a very, very important thing to me. I do believe that when there are good things you need to applaud them and be thankful for them. When I saw the bill board, I was thrilled to see that billboard. I thought that was absolutely fantastic. I saw it at nighttime which had even more of an impact because the spotlight was on it. Then I read the bottom line, and I thought. I have been accused several times over the past couple of months of being political. I thought that entire thing was totally inappropriate and I thought it reeked of politicizm. I do resent that part of it. However, erase that bottom line and the top half was absolutely fantastic. That’s my comment. Thank you.

President Rattner: I just want to say something about the flags, and obviously it was devastating for everything in this Country and the world. The flags. I went out and bought extra and a lot of people have. But the flags are only one thing. It is also the actions. I have to applaud the Mayor for the candlelight vigil. For the employees and people who are directly involved. Things like that. Those are the things that really mean something. Putting up a flag does not take a lot of effort. It does show something and I think we all should. But it is the other things that are done. It is the support of our community. Support of the people who are effected. Support of our men and ladies who are defending us and trying to right the wrong. I think you have to put everything in balance. Anybody can fly a flag. It takes a little bit more to put a little more effort and actually try to resolve some issues. That is all I want to say on that. Anybody else from the public like to address the Council?

Mr. Elms, Budd Lake, NJ: Back in June we had a major item cleanup. Do have any kind of report on what that cost the Town?

Mr. Kaplan: I made a presentation to the Council. I do not have it with me now, but we did it within a couple of weeks after on the cost and how much we picked up. The tonnage and everything else like that. We did make a presentation.

Mr. Elms: Could I get a copy of that.

Mr. Kaplan: Sure.

Mr. Elms: Thank you.

President Rattner: Anybody else from the Public. Seeing none. I will close the Public Portion, and go to final Council Comments.


COUNCIL COMMENTS

Mr. Heymann: None.

Mr. Guenther: A few weeks ago, when we appointed the new assistant clerk, I just want to commend Lisa on the detailed job she did outlining what her office does and how they all get their time. One of the things mentioned in there was the verbatim transcription of minutes. That fact that we appear to be one of the few towns in Morris County that does that. I would like to suggest putting that on a workshop agenda to discuss the pros and cons of having that, if we are looking to reduce possible work load in that office, that might be something that is worthwhile for us to consider. Also, I have here a letter it is a little bit old by this time but I noticed there was a date of September 28th.

Lisa Lashway: I am just concerned, I thought this whole matter had been put to bed and that is how come the staffing in the office was made the way it was. I may not have recommended Nicole if the Council had not assured me that they were not reducing the staffing in my office. That is why I called for a discussion.

President Rattner: He did not say anything about staffing. He did not say that.

Mr. Scapicchio: That is what he is looking to do Lisa.

Mr. Guenther: All I said was to consider the possibility of reducing that work load. We are spending a lot of time apparently, transcribing all those minutes verbatim. I want to discuss the pros and cons. Why are we one of the few towns in Morris County to do this. I had made no insinuation what so ever. That is not behind it at all. Also, there is a letter here from assistant Commissioner of Operations at the State. I guess the State DOT, I do not see a letterhead on it. Assemblyman Garret. There was a deadline of September 28, 2001 where there was supposed to be a study done about the possible traffic light at route 46 and Connely Ave. Have we received that?

Mayor Licitra: We have been following up with the DOT, supposedly a letter is coming back to us. What we can understand from the DOT is that they are not inclined to put a light up over there so I am waiting for a letter to come back to us and find out why before I act again on it. So I am waiting for it to come back. We pushed as much as we could push. But it appears that it is there opinion that there is no light needed over there.

Mr. Guenther: If that letter does come through, something needs to be done. I saw a horrible accident there a couple weeks ago there at night.

Mayor Licitra: I didn’t say I did not agree with you Bernie, I said….

Mr. Guenther: No, No, I am just saying…Look I am just making a comment.. I am just saying we have to visit it, we have to find a way of approaching the State, I don’t know what the way is, but it is something we should discuss. The residents there are very concerned about it. We keep hearing these off the cuff comments that you have to have a few dead bodies before the State will put in a traffic light. Well I think that’s reprehensible. I think that a couple of good accidents, and I did personally see one. And I think we could go to the police reports on that and I am sure there have been a couple of others. That is a good basis for looking at it seriously. Again I know it is an uphill struggle with the State because they have their rules. But they also break rules. They also make variances from their own regulations in other places where they are talking about certain distance between traffic lights, that I don’t see or hear to 100%, so I think we have to work. That is what the Legislative Committee exists for, to work with our State Legislators to get some of this stuff done. That’s it.

Mr. Spino: None

Mr. Sohl: I’ll just refer to the old saying “You can’t please all the people all the time.” This rings totally true tonight as it totally has for years.

Mrs. Miller: I have no comment

Mr. Scapicchio: No comment.

President Rattner: I have none. Move for adjournment

Mr. Sohl moved the motion for adjournment and Mrs. Miller seconded that motion.

Motion made for adjournment. All in Favor, none Opposed. The Meeting was adjourned at 8:30 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 November 20, 2001

________________________

Lisa M. Lashway

Mount Olive Township Clerk


 

 
 

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

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

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