Mt. Olive Township Council Minutes
August 19, 2003

PLEDGE OF ALLEGIANCE

The Regular Meeting of the Mount Olive Township Council was called to order at 10:25 pm by Council President Guenther with the Pledge of Allegiance to the Flag.

President Guenther: We’ll skip the moment of reflection this evening because we are running a little bit late.

OPEN PUBLIC MEETINGS ACT ANNOUNCEMENT

According to the Open Public Meetings Act, adequate Notice of this Meeting has been given to 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. Spino, Mrs. Miller, Mr. Rattner, Mr. Greenbaum, Mr. Scapicchio, Mr. Perkins, President Guenther
Absent: None

ALSO PRESENT: Cynthia Spencer, Business Administrator; Lisa Lashway, Township Clerk; John Dorsey, Township Attorney

Mr. Greenbaum: Let the record reflect that I walked into the Conference meeting at 7:45 pm. I was 15 minutes
late because of a firm obligation and I don’t think that there was ever an opportunity of the Chair to recognize
that I had walked into the meeting.

ADMINISTRATIVE MATTERS - Appointment of Mike Sabella to fill Ed Caparucci unexpired term as member of Open Space Committee and appointment of Joe Carmina as Mayor’s Liason on Open Space Committee.

President Guenther: To answer you, Rob, Lisa makes a note of what time you walked in. As I announced before, we will have a public portion on at the end. Administrative matters we are skipping. We discussed that subject before. We will also skip the Turkey Brook Status Report. I don’t think there is any old business, is there? No new business accept for questions on the Bill List anyone? Seeing, none, Legal Matters, Mr. Dorsey?

Mr. Dorsey: No, but we have a major one in executive session.

APPROVAL OF MINUTES OF PREVIOUS MEETINGS:

July 29, 2003 CS Present: President Guenther, Mr. Scapicchio, Mr. Rattner, Mr. Spino, Mr. Greenbaum, Mrs. Miller, Mr. Perkins.
Absent: None

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

ROLL CALL: Passed Unanimously

CORRESPONDENCE

1. Letter received July 21, 2003, from Lawrence J. Fox regarding Presco; Lot 2, Block 3504, Outlook Avenue.

League of Municipalities

2. Letter received July 21, 2003, from New Jersey State league of Municipalities regarding League Seminar.

3. Letter received August 6, 2003 from the New Jersey State League of Municipalities regarding League Labor Relations Seminar.

DOT / DEP / Permit’s / LOI’s

4. Letter received July 21, 2003, from the New Jersey Department of Environmental Protection regarding Environmental Excellence Awards Program 2003.

5. Letter received July 25, 2003 from the New Jersey Department of Environmental Protection regarding Route 206, Sections 2D and 18E, Widening and Resurfacing.

6. Letter received July 25, 2003 from the New Jersey Department of Environmental Protection regarding a Deficiency Letter for Stream Encroachment and Freshwater Wetland. The Applicant is Rezamir Estates, Inc. Block 400; Lot 4.

7. Letter received August 5, 2003 from the New Jersey Department of Environmental Protection regarding a 30-Day extension letter for Rezamir Estates Inc. Block 7000: Lot No. 64.

8. Letter received August 6, 2003 from the New Jersey Department of Environmental Protection regarding Transition Area Waiver Application.

9. Letter received August 8, 2003, from Victor A. Amada regarding Dilling Minor Subdivision, Block 14, Lot 1 – Drakestown Road and North Four Bridges.

COAH

10. Newsletter received August 8, 2003, from Council on Affordable Housing regarding Interim Certification, Four RCAs Approved, & New Staff member Joining COAH.

TORT

11. Mechanics Lien received July 22, 2003, from The Trane Company regarding Mount Olive Public Library AMS 204 Flanders Drakestown Road, Budd Lake.

Resolutions, Ordinances, Correspondence from Other Towns

12. Resolution received July 23, 2003 from the Township of Stillwater Urging the Governor and the State Legislature to Explore Legislation Known as the “Smart Bill” to Reform the Inequitable property Tax System used to Fund Schools in the State of New Jersey.

13. Ordinance received July 25, 2003 from the Township of Roxbury to Amend Chapter XIII, Land Development.

14. Resolution received July 30, 2003 from the Borough of Garwood Opposing the State’s Actions Concerning the “Property Tax Reimbursement Program”

15. Correspondence received August 1, 2003 from the Morris County Planning Board regarding Ordinance No. 31-2003 amending 400-95, “Signs within Article VI “Zoning”

16. Correspondence received August 1, 2003 from the Township of Roxbury Re; 4-Ton Weight Restrictions.
Resolution No. 03-278 received August 4, 2003 from the Township of Roxbury Opposing the NJDEP Decision to Deny the Musconetcong Sewerage Authority’s Petition to amend its Wastewater Management Plan to Reallocate Unused gallonage to a Development Borderline on its Service Area.


18. Resolution No. 03-177 received August 6, 2003 from the Township of Boonton regarding the Mayor and the Board of Aldermen of the Town of Boonton, NJ Opposing the Utilization of Emergency Medical Technician Training Funds for the Purposes Other Than Volunteer EMT Training and Recruitment as proposed in the Legislations That Created the Fund.

Correspondence from Organizations, Committees, Boards

19. Letter received July 22, 2003, from New Jersey American Water regarding Municipal Audit Form.

Correspondence from Legislative Representatives

20. Letter received July 18, 2003, from Senator Robert Littell regarding Statewide Livable Communities Grant Program.

21. Letter received July 21, 2003, from Assemblyman Guy Gregg regarding Statewide Livable Communities Grants Program.

22. Fax received August 7, 2003, from Governor McGreevey regarding Auto Insurance Reform.

Utilities

23. Notice received July 21, 2003, from Elizabeth Gas Company regarding Public Hearings.

24. Letter received July 21, 2003, from New Jersey natural Gas regarding “Daily List” of disconnected residential customers.

25. Letter received July 21, 2003 from New Jersey Resources regarding Basic Gas Supply Service, and Gas Cost Recovery Annual Review.

26. Letter received July 30, 2003 from Comcast regarding Changes to the content of Pay-Per-View Channels.

27. Letter received July 31, 2003 from Comcast regarding Northwest New Jersey Price changes.

28. Letter received July 31, 2003 from Comcast regarding the Launching of ESPN HD on Channel 173.

President Guenther: Any comments on any of the correspondence?

Mr. Scapicchio: Originally when we were talking about the Library, Mr. Dorsey stated that nobody has filed a Mechanics Lien. I see here that there has been one.

Mr. Dorsey: No, if you read that carefully, it is not a Mechanics Lien. It is a notice that a particular supplier is supplying this general contractor. It is not a lien.

Mr. Scapicchio: It says here “lien.” It says “Mechanics Lien.”

Mrs. Lashway: That is the wording that we assigned.

Mr. Scapicchio: Okay.

Mr. Dorsey: But someone should tell them that they have to keep track of these in advance.

ORDINANCES FOR PUBLIC HEARING

President Guenther opened the hearing to the public on:

Ord. #31-2003 An Ordinance of the Township of Mount Olive to Amend and Revise Certain Standards for Signs as Provided for in Section 400-95, Entitled “Signs” Within Article VI Entitled “Zoning” as Contained in Chapter 400 Entitled “Land Use.”

President Guenther closed the hearing to the public.

Mr. Rattner: It says that we are continuing it?

Mrs. Lashway: No. The new Agenda that was put out for tonight, you are taking action. We did receive word
from the Planning Board.

Mr. Rattner moved for adoption and final passage of Ord. #31-2003 and Mr. Perkins seconded the motion.

ROLL CALL: Passed Unanimously

President Guenther declared Ord. #31-2003 as passed on second reading and directed the Clerk to forward a
copy of same to the Mayor and publish the notice of adoption as required by law.

President Guenther opened the hearing to the public on:

Ord. #32-2003 An Ordinance of the Township of Mount Olive Authorizing the Imposition of a Municipal Hotel and Motel Occupancy Tax as Authorized by P.L. 2003, C. 114.

President Guenther closed the hearing to the public.

Mr. Greenbaum moved for adoption and final passage of Ord. #32-2003 and Mr. Perkins seconded the
motion.

ROLL CALL: Passed Unanimously with the exception, Mr. Spino voted No

President Guenther declared Ord. #32-2003 as passed on second reading and directed the Clerk to forward a
copy of same to the Mayor and publish the notice of adoption as required by law.

ORDINANCES FOR FIRST READING (Second Reading – September 16, 2003)

Ord. #33-2003 Bond Ordinance amending Section 3 (i) of Bond Ordinance Numbered 37-2002 of the Township of Mount Olive, In the County of Morris, New Jersey. Finally adopted September 24, 2002 in order to amend the description of the project.

Mrs. Miller moved that Ord. #33-2003 be introduced by title and passed on first reading and a meeting be held
on September 16, 2003, at 7:30 pm at the Municipal Building, 204 Flanders-Drakestown Road, Mount Olive,
NJ, for a public hearing, consideration of second reading and passage of said ordinance and that the Clerk be
directed to publish, post and make available said ordinance in accordance with the requirements of the law. Mr.
Scapicchio seconded the motion.

President Guenther: What is this?

Mrs. Lashway: This is for the first responder vehicle for the Budd Lake Rescue Squad. It is just changing the
wording in the ordinance. No new money, just changing the wording.

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.

CONSENT RESOLUTIONS

1. Resolution of the Township Council of the Township of Mount Olive Awarding a Contract to Seagrave Sales & Service for (1) Fire/Rescue Mobile Support Vehicle for Budd Lake Fire Department.

2. Resolution of the Township Council of the Township of Mount Olive Awarding a Contract to Seagrave Sales & Service For (1) 95’ Platform Truck w/ side stacker all aluminum body mounted on all aluminum custom fire service chassis for Flanders Fire Department.

3. Resolution of the Township Council of the Township of Mount Olive Authorizing a Statewide Livable Communities Grant Program Application.

4. Resolution of the Township Council of the Township of Mount Olive Authorizing the Cancellation of Taxes on Block 5900 and Lot 6.01 owned by the County of Morris.

5. Resolution of the Township Council of the Township of Mount Olive Authorizing the Cancellation of Taxes on Various Properties owned by the Township of Mount Olive.

6. Resolution of the Township Council of the Township of Mount Olive Authorizing the Cancellation of Taxes on Block 6900 and Lot 9, Q Farm Located at 531-533 Drakestown Road.

7. Resolution of the Township Council of the Township of Mount Olive Authorizing the Cancellation of the Budd Lake Beach Improvement Grant and the Renovations to the Library Grant.

8. Resolution of the Township Council of the Township of Mount Olive Increasing the Professional Contract with Joe Demaria, AIA by $1,200.00.

9. Resolution authorizing the Sale of Certain Lands by the Township of Mount Olive, County of Morris Lot 2, Block 3504, Overlook Avenue.

10. Resolution of the Township Council of the Township of Mount Olive Authorizing the Issuance of a Contract to Sentry Pump Company Inc. in the Amount of $2,800.00.

11. Resolution of the Township Council of the Township of Mount Olive Authorizing Execution of a Developer’s Agreement between the Township and Fenwick Group, LLC. (Panera Bread)

12. Resolution of the Township Council of the Township of Mount Olive Authorizing the Execution of a Developer’s Agreement Between the Township and Wachovia Bank, N.A.

Mrs. Lashway: I need to make mention of some corrections. Resolution No.2 is awarding a contract to Absolute, not Seagrave and in the text of the Resolution, the company Seagrave will be replaced with Absolute and the one correction will be that Resolution No. 2 is an award to Flanders. The first one was for Budd Lake, the second one was for Flanders. Resolution No. 9, the Resolution authorizing the sale, it is not Overlook Avenue, it is Outlook Avenue. The same thing, the corrections will be made to the text of the Resolution. That’s it.

Mr. Dorsey: So move the Consent Resolution with those amendments.

Mr. Spino moved the Consent Resolutions with those amendments noted. Mr. Perkins seconded the motion.

PUBLIC PORTION ON CONSENT RESOLUTIONS

Robert Elms, Smithtown Road: On Resolutions 4, 5 & 6, when this happens, it adversely effects the income that the Township is going to realize from taxes, is it not? Is there some way we can cause these things to happen earlier so that it doesn’t happen like this.

Mr. Dorsey: We don’t have any control when property becomes owned by the County of Morris.

Mr. Elms: But these become owned in 2002. It would be nice, because what you are looking at is losing a certain amount of money in taxes that if you had planned it better to be, or could have gotten those deeds in like in December instead of when they came in, you wouldn’t have that problem with lack of tax revenue. Just a thought.

Mrs. Miller: I believe that when we sell Township land that that money goes into the Open Space Fund.

Mr. Dorsey: Yes.

Mrs. Miller: Okay, I just wanted to verify that.

ROLL CALL: Passed Unanimously

RESOLUTIONS NON CONSENT - None

MOTIONS

Bill List & Additional Bill List.

Mr. Perkins moved for approval of the Bill List & the Additional Bill List and Mr. Rattner seconded the motion.

ROLL CALL: Passed Unanimously

President Guenther: Since we are having a meeting next week and this was a Special Meeting and there really haven’t been many other board meetings, we’re going to skip over the Council Reports. The only thing, I’d just like to hear real quickly, Dave or Steve, did you attend that Board of Education meeting last week.

Mr. Rattner: I went to the Wednesday meeting and I went to the Board meeting on Monday.

President Guenther: How did the meeting go last Wednesday?

Mr. Rattner: They gave a presentation. They told us of all the deficiencies in the High School and what they wanted to do. Basically, what they’ve already made the decision on is the fact that they are going to renovate rather than try building a new one. They said a new high school would cost about anywhere from $85 - $100 million not including the land. They thought that they could do the renovations, you are still probably talking in the $40 - $45 million range. They’ve set up different committees that are going to meet weekly until September. They are trying to get the public input on four different areas. There is one advantage of renovating in the fact that of the $8 billion that the State has put aside for school construction, with the Abbott Districts get 100%, we get a smaller percentage, is that more things are covered through renovation. Actually a bigger percentage, they are hoping it to be pretty close to 40% of the capital costs would be covered and they are looking for a referendum that they are shooting for next March.

Mr. Greenbaum: If I could give just a very brief Planning Board report. Hashemi came before the Planning Board. Five members sat and Hashemi was approved. This Thursday is Rezamir. It’s the development that is fairly controversial off of Shop Lane.

PUBLIC PORTION

COUNCIL COMMENTS

Mr. Spino moved to go into Executive Session for the purpose of litigation and Mr. Rattner seconded the motion. All in favor, none opposed. Executive session started at 10:42 pm. Motion to Open and adjourn made and seconded, all in favor, none opposed, the meeting was adjourned at 11:16 pm.

ADJOURNMENT

______________________________
BERNHARD D. GUENTHER
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 August 26, 2003.


_____________________
LISA M. LASHWAY
Mount Olive Township Clerk


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