Mt. Olive Township Council Minutes
March 25, 2003

PLEDGE OF ALLEGIANCE

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

MOMENT OF REFLECTION in recognition of the men and women fighting terrorism and those who have lost their lives defending the freedom we all enjoy

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. Rattner, Mrs. Miller, Mr. Perkins, Mr. Greenbaum, Mr. Scapicchio, President Guenther
Absent: Mr. Spino

ALSO PRESENT: Mayor Paul Licitra; Cynthia Spencer, Business Administrator; Sherry Jenkins, CFO; Lisa Lashway, Township Clerk; John Dorsey, Township Attorney.

PUBLIC COMMENT PERIOD

President Guenther: We’ll have our first public comment period. Anyone from the public wish to address us at this time?

Daniel Amianda, School Board Liaison: I just want to tell the Council and the public that the Board had a public hearing on the year 2003-2004 school budget in the amount $60,212,499.00. This budget is about 8 percent over what it was last year and after applying some adjustments for which the district is going to get extra funding from the State and from the school board surplus, whatever we have, the school district is presenting a general fund tax levy of $40,140,349.00 to the public on April 15th to vote on for the school budget. Based on the calculation on property assessment, on a house assessed $179,000 the tax levy, the extra amount that people will be asked to pay for the whole year would be $212.00 and it is about 5.6 percent increase in taxes in town. It is a modest budget and very conservative and we hope that the public is going to support it. Are there any questions?

President Guenther: Thank you. I don’t know if you were planning to stay but I just wanted an update, do you know what is happening with, what the progress is with installing the flashing light on Sandshore Road by the school?

Mr. Amianda: The school Superintendent had a meeting with the Police Chief and I think they are working on it. They said that in about two months the traffic light will be there.

President Guenther: Seeing no other comments from the public, I’ll close the first public comment period. Any administrative matters? We had an item here by the Mayor, but maybe there was a mix up in schedules for the presentation to the Mount Olive Middle School Boy’s Basketball Team. Perhaps they will be here later, if not we’ll do it on another occasion. Mayor, Cindy, do you have anything else under administrative matters?

Mayor Licitra: No, Bernie.

OLD BUSINESS

President Guenther: As far as old business is concerned, I wanted to bring up, I mentioned at the last meeting, a discussion about the old municipal building and to bring that to some type of closure to see if we can reach some kind of agreement tonight and see where we want to go from here. I’ll open it up and let each Councilman make their comments and then I would like to take a straw poll and see where we stand and where we go from here and decide on a course of action.

Mr. Scapicchio: Bernie, I don’t know that we have gotten the written correspondence from Gene Buczynski in terms of his meeting with the DEP and the oral presentation he gave at the workshop. Can we get that in writing and can we also carbon copy the DEP people that he met with that same letter and let’s use that letter as the basis for another workshop. I think, according to him, that meeting actually put some restrictions on what we can do there.

President Guenther: It sounds like a good suggestion. I don’t know what we are going to resolve in another workshop, Dave. I agree that maybe we should see this in writing from whatever discussions these people had but as far as another workshop, I think we had a very lengthy workshop on it. Unless there is some new information that someone has to present, but I don’t see any point in another workshop. I would like some other opinions, Steve?

Mr. Rattner: I understand what the DEP said, and I think I can accept what they say can be done but what I would like to see is a better proposal, a tighter proposal. If the decision is to take down the building and put something else there, get a better estimate. The estimate we got for the demolition includes, depending on the bid, anywhere from six to a dozen items that are not included; from asbestos to utilities to permits, I’m not sure, even the tipping fee. None of it included taking out the pad which, if we are going to put anything else there, we would have to do and get the real cost of taking it down and a real proposal of what they want to put there, whether it be some kind of prefab building, some sort of pavilion, with the actual dollars so that we know when we go in how much money. I’m still open to it. I guess you are wearing me down as we go longer and longer. I look at the building and don’t think we are getting anywhere and something has to be done. The one thing I will say, it is a little out of order, in that working with the Administration on this year’s budget, there will be, when we go over that, there will be money in the budget if they decide to go ahead and tear it down and build something else, there will be adequate funds as there will be if there was going to be some stabilization. That’s not going to be an issue if we decide to go ahead. I would just like to know what it is going to cost. Is it going to cost us $400,000-$500,000 demolition or putting up something new, let’s get it all on the table and get good numbers so we don’t get surprised like we’ve been so often before.

President Guenther: As far as I am concerned, that goes without saying. The main issue I wanted to resolve is are we going to preserve it, preserve part of it? Are we going to knock it down and then build something else?

Mr. Rattner: Right now we have an estimate to stabilize the building, lets say $100,000. I believe that is too low so I would double it and say $200,000.00. But at the same time what will it cost so we know what the differences are. What it really costs to get something brand new that may be more functional and as long as we have good dollars, I think we could make a real good decision and just go ahead from there because we are going to beat that anyway.

Mr. Greenbaum: I just don’t have any more to say on this subject. I have made it very clear. I don’t have a problem. First all we have delayed, delayed, delayed. I don’t believe that we need to get something in writing from Gene. It would be nice, I don’t believe it is binding on anybody. I don’t believe that a decision made by a person at the DEP is binding on the DEP but I believe that is what ultimately the resolution will be as long as we maintain the footprint we’re fine. I don’t believe that getting anything from Gene or the DEP is going to change that so I don’t see a reason to delay on that issue. I don’t want to save the building. I have made that clear. I envision something else at the site. I would move forward with spending money to come up with a plan to change that site in to a park like setting. We had discussed on I don’t know how many occasions previously before we knocked the building down, lets get something in place. So I don’t see any problem with voting on the two different concepts. One is to move forward with the park like setting, and lets develop some costs and before we do anything in terms of knocking the building down, if that is ultimately what is adopted, then lets be sure what our numbers are. But I don’t see that as another reason to delay the decision as to where we are going with this decision.

Mrs. Miller: I am not in favor of knocking the building down until we have something in writing from the DEP saying that we can build within the floodplain because the whole building is within the floodplain of Budd Lake and the Raritan River.

President Guenther: I agree with you. I would like to see it in writing. We got a verbal report from Gene, I would like to see exactly what it says.

Mr. Scapicchio: Bernie, I think that is basically what Rob said and I concur with his opinions. We got a consensus from Gene in terms of the meeting he had with the DEP, and although I want that letter from Gene, I just sort of capsulizing that meeting. I don’t think that needs to delay anything and I think Rob’s proposal is a good one. Let’s move forward now with the plan to knock that building down and create a park like setting. Let’s create a plan for that, determine the costs before we move forward with anything. That answers Charlene’s concerns in terms of not demolishing the building until we can find out exactly what we can do and we can’t find that out until we have a plan.

Mr. Perkins: I think we have gone around this Municipal Building since August 1998 is when the original committee was set up. I know I have lived here17 years now, I utilized that building when it was the Municipal
Mr. Perkins (cont’d): Building, I have watched it fall into a state of what I call disrepair. I am not blaming fault on anybody, it is what it is. The funds were needed in other places and that’s where they were put. Having labored through this, I am leaning more toward not keeping that building, putting all of the resources that the Township could muster together financially to build something that I believe the Historical Society also endorses over and above the old municipal Building which is the Seward Mansion, I think our monies are better spent there, something along the lines the picture Mr. Bonte brought in, a small A-frame gazebo with a block house utilizing rest room and changing facilities with an open adequate beach, and hopefully some storage area for the recreation department for the 300 plus visitors a day that they get down there. I am in favor of doing that over and above trying to stabilize the building; whether that is $100,000 or $200,000 and that is strictly just to stabilize it. That is not to do anything to it, not to make it handicapped accessible other than to stabilize it. For a lack of not wanting to throw good money away from bad, I would not endorse putting anymore money into that building but looking at replacing it.

President Guenther: Okay. We will wait for Gene’s written letter which will state exactly what it is that we can do if we decide to take it down. I really don’t think that the letter should determine the course of action we want to take. Again, I get back to the original question that nobody seems to want to address. What do we want to use it for? Even if you leave the building up, or decide to save it, what use will it have and I think that is the part that we really have to think about when making the decision. If we wanted just a pavilion and bathroom facilities and that kind of thing for the beach that is probably best done by knocking it down and starting with something else. On the other hand we do need to know what the DEP will let us do there, so that letter is important. But as far as the policy decision on the part of the Township as to do we really want to keep this building, the footprint? Then what would we use it for? Would we use it for the same kind of use or would there be additional uses? For example you have the radio club in there, that’s the refurbished part of the building, the old Police part, now what are they going do? Will they also want to switch over their gear to lets say we were to maintain the main part of the building, and work with that footprint. Would they want use of that? I would still like a straw vote as to where we stand on this, and we’ll still wait for Gene’s letter. We won’t knock anything down until we have a plan, until we have a budget, that’s true, but I would still like an idea as to where we stand. Do we want to preserve this building or don’t we?

Mr. Scapicchio: Bernie I think my opinion has been clear and I will repeat it, I want to see that building come down. I want to put up a small pavilion that has bathroom facilities and a small concession stand utilized for Budd Lake recreation and that’s it and create a park like setting.

Mr. Rattner: If we are going to knock it down and build something then we have to think of something that is affordable. We have so many different projects. That is what I am saying. I think at this point, what we need is somebody to put up a conceptual, basically on that. That could have office space and storage space. It does not have to be a 10x 20 building, but it doesn’t also have to be 6,000 square feet either. I think what we should really do is start looking for somebody to come and give us like we said, exactly what could be done, how much it would cost. From taking it down. Who knows what we are going to find under the soil. There is going to be a certain amount of expenses involved. Maybe the best way to go is get a prefab building. I keep listening to them getting classrooms for the schools. When you look at that, maybe you can find some pre fab building that you may be able to put right down so there wouldn’t even be much construction on the beach. But I think what we need is to deicide who we are going to want to design. If it seems affordable, we go that route.

Mr. Scapicchio: Bernie, I have a thought. Is it possible to entertain proposals from architects to come up with a design if we come up with some criteria?

President Guenther: See, this is exactly what I am getting at. We haven’t got criteria. We don’t have a policy decision that says, so we want to leave part of it up? Do we want to knock it all down and start from scratch?

Mr. Scapicchio: I think we do. I don’t think we want to surgically demolish any portion of that building, I think the consensus has been to demolish that building completely and put something back smaller than that facility within the same footprint that has bathroom facilities and a small concession area and some coverage for recreational use of that beach.

President Guenther: I know we have at least a couple of architects that live in town. Maybe we could solicit there, “good Mt. Olive citizenship spirit” to see if they would want to use their creative minds to see what they would come up with to start with there without making it an official something you put out there officially. I think that is something we could work on. My alternate suggestion was if we wanted to maintain some kind of, for lack of a better term, I’ll say monument or some sort of symbol of what the building was before. Just leave the front center wall, put the Casino letters back up again and then build something around that or let an architect use his imagination to come up with something creative. I certainly don’t favor keeping the whole building, I think it is just too much money to work with an old building and stabilize it and try to work with that.

Mr. Perkins: I would just caution everybody to keep in mind that May 31, 2003, is normally the historical opening of the beach season, which leaves us a glorious two months to make this decision on what is going to happen before parts of that beach are necessitated to be cordoned off for the safety of the beach goers. If the decision is made to raze it we need to make that decision rather quickly and get that area cleared out to at least allow the patrons to utilize the beach.

President Guenther: From what I am hearing from the rest of the Council Members, Ray, is that it is not going to happen. The idea here is before we raze anything, we want a more definite proposal to know what we are going to do, and we need updated estimates as to what the demolition would cost. I doubt whether that could be done in two months.

Mr. Rattner: I don’t think we are going to be able to get the permits, if there is asbestos in there and things like that, there are special approvals you have to got. I would imagine if we all agree that we are going to knock it down and build something else, we are probably talking a year and a half to two years by the time we go with the permits. If we are going to rebuild in a floodplain, we are properly allowed to do it. I have enough information to convince that we could use something the same size or smaller. However, you still have to go through the permits, you still have to go through the proving and everything else. Who knows if we take up the pad whether we are going to have to do any clean up. There is going to be a lot, it is not going to be a short term project.

Mr. Perkins: I agree with that, it is the direction that I think we need to give back to the Administration to be able to have a supervisory staff that is going to be maintaining the beach and all so that they know it’s another year, year and a half, and you’re going to have to work around that.

Mr. Rattner: The only thing I want to be careful for is I don’t want this to be turning into something that we end up spending almost a million dollars and it could have been cheaper by doing something there and having a not so great building because we don’t have that kind of money to be able to put there. When we get through with the library, we are going to be tapped out.

Mr. Greenbaum: Bernie I think you got what you were looking for, which was some direction, however I don’t want this project to fall by the wayside. What I suggest is that it now be scheduled for a workshop so we can get some parameters in terms of architectural theme ideas for what we are going to do with the site once the building is taken down so that we can move forward.

President Guenther: Okay, so can I direct the Administration to do that and see if maybe we could start with the architects that live in Town. Paul, you and I have talked about it.

Mayor Licitra: I think we discussed this Bernie, I would like to go to Glen and Joe. Let’s first bounce it off of them and see what their thoughts are. That’s free advice.

President Guenther: Because they have offered their help in the past.

Mayor Licitra: Why don’t we ask Cindy to get in touch with Joe DeMaria and Glen Pellet, see if we could get them in here and then a couple of us can sit down. Lets bounce some ideas off of them and then go forward on

President Guenther: Just a couple of other things, on old business, by the way the next workshop we’ll discuss the revision of the sign ordinance, I have gotten Cindy’s input on that, so that will be scheduled for the next workshop. Also for the Administration, for the next time maybe there are a few things that are really in Genes area. What’s happening to the intersection of Flanders-Netcong and Drakesdale Road up there by the swim club? Where do we stand? What is the progress of that particular project?

Mrs. Spencer: Do you want that now or for the next workshop? To the best of my knowledge, I know the citizen meeting took place two weeks ago with the Mayor and Gene and the residents from that area, but other than that I don’t have an update. I will have Gene attend the April 1st workshop.

President Guenther: Maybe for the next meeting we will get an update to see where we stand and I also want an update on what it is that…

Mayor Licitra: Bernie, if I may, Earl was at that meeting. Earl isn’t here now, but they were very pleased that we met with them and very pleased with what the intersection is going to look like. There was some complaints about the work that was done by the County a couple of years ago on run off, and some of the back yards are flooded. I did make a meeting with John Murphy, the Freeholder Director, to have us go down and talk to his engineer with
Mayor Licitra (cont’d): some of the people, or have them up here, but John did write him a letter and said be available. So as soon as we get a couple of them together, we will be meeting with them on the run off problem, but as far as the intersection is concerned, they are very very pleased with the plans that were presented.

President Guenther: What’s the time frame on that Mayor?

Mayor Licitra: We are looking at least six months down the line. They want to do it in the summertime because there is less problems with the schools, buses and everything else. They want to have it finished if they could by September. That was their initial thrust.

President Guenther: Well that means starting early.

Mayor Licitra: Starting in a couple of months, yes.

President Guenther: Have there been any further complaints regarding the entrance on International Drive South traffic light? In the past I know a lot of people have been confused and accidents and so forth. Gene I know was trying to discuss with the State about that, although he is running into a problem with them, I just wanted to know.

Mrs. Spencer: He was going to have DOT do another traffic study after the next kind of wave of businesses opened and the traffic was doubled. One of the issues was the traffic count.

President Guenther: Where do we stand on the Linwood Ave. issue down by Mountain View School? I know you had a meeting, but there was another meeting scheduled, wasn’t there?

Mrs. Spencer: We had agreed that we would get back together in April.

Mr. Scapicchio: Bernie, I have some questions regarding Administrative matters. Bill Sohl of the Historic Society has been asking me about the Muelbauer track. Is it possible for us to at least take title to allow them to get on there to secure that building?

Mrs. Spencer: They did it. I gave them the title before the Winter.

Mr. Scapicchio: Okay, because I just saw Bill this morning.

Mrs. Lashway: We have not taken title to the property yet.

Mrs. Spencer: We haven’t taken title, but we got permission and I had contacted Bill back, I believe, in late October.
Mr. Scapicchio: Could you follow that up with a letter please to the Historical Society?

Mrs. Spencer: Sure.

Mrs. Lashway: What Bill wants is to take title to the property. What he is asking for is he wants the Township to accept the property, that is what he is asking for.

Mr. Dorsey: There is a complication here. That property comes from the Vizzoni Group. The Vizzoni group has never sent in their deeds. There is a problem with their deeds. The first problem is they have never completed the punch list on the improvements that they were to make in that development. Secondly they have been sued by Inter County Paving which is now getting a judgment for $100,000 and Vizzoni has a series of other judgments against them. So the title is clouded and it is going to take a while to work that out. They have abandoned the job and they have abandoned their defense in the suit in which Inter County has sued them for $100,000 plus for the final road pavement that was done in that sub-division.

Mr. Scapicchio: So John, are you suggesting that the Historic Society can’t get on that property.

Mr. Dorsey: As far as I am concerned the Historic Society could go on there any time they want. I know it is going to take some time to work out the legal problems, the title problems that Vissoni has left behind, I mean they are totally irresponsible, just gone. I guess they built the last house and they have just walked away.

Mr. Scapicchio: Cindy, that light at International Drive South, last week I gave you some documents about AIG supposedly having to take care of the electrical bill, have you researched that? What did you come up with?

Mrs. Spencer: The total amount that is due on the electric reimbursement is $401.00. The Finance Department had sent copies of all of those bills to AIG/Baker in accordance with the agreement and the resolutions that they signed as well as…

Mr. Scapicchio: So your review of those documents determined that they are responsible.

Mrs. Spencer: Absolutely.

Mr. Dorsey: And we are satisfied that $408.00 is all we get?

Mrs. Spencer: Yes.

Mr. Dorsey: That’s too bad.

Mr. Scapicchio: Is there any way for us to just transfer…

Mr. Dorsey: Yes. At the next meeting there will be a resolution. I thought it was only decent that we give them a week to respond to the CFO’s letter demand and by the next public meeting if they don’t we will have a resolution simply to deduct it from the monies that we have “released” but it hasn’t left the Town Hall in connection with their performance guarantee.

Mr. Scapicchio: That’s fine, but can we assign that account over to them so it doesn’t have to go through our hands, Sherry? Where are the meters for those lights? Where are they?

Mr. Dorsey: You just have to make the arrangement with JCP&L.

Mr. Scapicchio: Well why don’t we just do that instead of having the…

Mr. Dorsey: I think we can.

Mr. Rattner: That’s what you do when you buy a house.

Mrs. Spencer: There is an agreement that State assigns the light to the Township and then the electric is assigned to the Township and then we offset that electric payment by AIG.

Mr. Scapicchio: Let’s try to look into it, just signing that account right over to them so that we don’t even have to touch the bill. Then the last thing Mayor, I don’t know if we have any Reserves that have been called up, but if we do I would like to put on the table that we make up the difference in salary if we have any employees that have been called.

Mayor Licitra: We don’t have it. That’s why I was talking to Sergeant Austenberg today, he is a Recruiter in Hackettstown. I don’t know if we have anybody in Mount Olive that has been called up from a Reserve status to serve, but he is going to check on it for me. But as far as Township employees, none. But yes, I think that is an honorable thing and we can talk about it.

TURKEY BROOK STATUS REPORT

Mrs. Spencer: Actually, tomorrow morning at 7:00 am the contractor is meeting Consolidated Building Corp. along with their masons. We’ll be on site with Joe Demaria and they are planning to start their first foundation so you can expect them out there every morning while the weather is nice.

Mr. Rattner: Right now since the ground is dried out, I know from my own property, the mud has at least stabilized and everything else. If it rains, it really does not slow us down except for that day. It is not from the frost coming up anymore. So we really shouldn’t get slowed down, other than just plain rain dates, as long as we don’t get any more snow.

President Guenther: With them starting tomorrow, what does our schedule look like for completion of that building?

Mrs. Spencer: I won’t be able to give you that report until next week. I will be meeting with them tomorrow morning.

NEW BUSINESS – none

LEGAL MATTERS

Mr. Dorsey: One very successful event, last Friday we argued the issue as to when the date of taking would be established for the taking of the Smith Farm Track. I have previously written to you and explained that the owner through the Attorney’s Glasser and Hochman that also represented Mount Olive Complex have fought bitterly to have the condemnation action put, off to have the date of taking, not the date of filing the complaint which is what is customarily statutorily, but put off until they try the Prerogative Writ involving condemnation, another trial in terms of the manner in which that farm is zoned. Judge Cramp wisely rejected all of those attempts to delay the act ions, so sometime this week I anticipate getting the Signed Order to Show cause with the appointment of condemnation commissioners and that condemnation action can then proceed. Some day along the road there is going to be a difficult decision that the Council is going to have to make. But we will wait until we get to that point, I do assume however that the owner of that property, their attorneys will attempt to file in some way an appeal to the favorable decision of last week. We finished today our briefing that we refer to as Fire Tower II which is the attack upon the Ordinance No. 7-2002, requiring the submission of the qualifying map relative to cluster zoning designs and last week was an eventful week with AIG/Baker as they continue a variety of lawsuits against the Township and in which proceedings Catherine was terribly misquoted, saying that we were going to shut AIG/Baker down and never issue them another permit. We are now going to have to get a little assistance from those who are more familiar with federal procedure than I, but we are going to move to dismiss the suit involving the roadway issue and the suit involving the issuance of permits at the AIG/Baker site.

APPROVAL OF MINUTES OF PREVIOUS MEETINGS:

January 14, 2003 Present: Mr. Rattner, Mrs. Miller, Mr. Spino, Mr. Greenbaum, Mr. Scapicchio, President Guenther
Absent: Mr. Perkins

March 18, 2003 CS Present: Mr. Rattner, Mrs. Miller, Mr. Spino, Mr. Greenbaum, Mr. Scapicchio, President Guenther
Absent: Mr. Perkins

Mr. Scapicchio made a motion that we approve the Minutes as shown above. Mrs. Miller seconded the
motion.

President Guenther: Any discussion or comments? Seeing none.

ROLL CALL: Passed unanimously with the exception of Mr. Perkins, abstained.

CORRESPONDENCE

Letters from Residents

1. Letter received March 17, 2003, from Mt. Olive Residents requesting that LeMar Road (paper road be conveyed to the joining property owners).

Resolutions, Ordinances, Correspondence from other Municipalities

2. Resolution received March 10, 2003, from the Borough of Mt. Arlington supporting the State Legislature in banning the use of the MTBE as a gasoline additive.

3. Resolution received March 10, 2003, from the Borough of Riverdale opposing Assembly No. 1872 which would permit Volunteer Firefighters and Emergency Services Personnel to participate in the Health Benefits Program in Municipalities in which they Volunteer.

4. Resolution received March 10, 2003, from the Borough of Riverdale opposing Assembly No. 1927 which measures, if adopted, would create a significant Workers Compensation Impact on Municipalities.

5. Resolution received March 13, 2003, from the Township of Rockaway opposing assembly No. 1173 and Assembly No. 1927 which measures, if adopted, would create a significant Workers Compensation Impact on Municipalities.

6. Resolution received March 17, 2003, from the Morris County Board of Chosen Freeholders regarding operation and maintenance costs through a management strategy developed in cooperation with local communities and interest groups.

7. Correspondence received March 19, 2003, from the County of Morris, Department of Planning and Development regarding the Morris County Open Space and Farmland Preservation Trust Fund’s Status Report, 2001 and 2002.

League of Municipalities

8. Email received March 11, 2003, from the New Jersey State League of Municipalities regarding CAP Relief advances.

9. Email received March 18, 2003, from the New Jersey State League of Municipalities regarding CAP Relief up for Vote in Senate on 3/20/03.

10. Correspondence received March 18, 2003, from the New Jersey State League of Municipalities regarding a Seminar with updates and overview on recent issues within New Jersey’s Open Public Records Act.

DOT/DEP/Permit’s/LOI’s

11. Letter received March 10, 2003, from Icon Engineering regarding a request to the NJDEP for a Freshwater Wetlands Line Verification letter; Village Mall. Block 6800 Lot 2, 3, and 4.

12. Letter received March 12, 2003, from EcolSciences, Inc. regarding an application for a Letter of Interpretation Extension: Regulatory Line Verification at 11 Budd Lake Heights (Lots 21 & 26).

13. Letter received March 12, 2003, from EcolSciences, Inc. regarding an application for a Letter of Interpretation Extension: 10 Natalie Drive (Block 1103, Lot 6).

14. Letter received March 12, 2003, from EcolSciences, Inc. regarding an application for a Letter of Interpretation Extension: 43-63 Station Road (Block 500 Lot 7).


15. Letter received March 13, 2003, from EcolSciences, Inc. regarding an application for a Letter of Interpretation Extension: 20 Budd Lake Heights Road. (Block 1300, Lot 28).

16. Letter received on March 14, 2003, from EcolSciences, Inc. regarding an application for a Letter of Interpretation Extension: 51 Station Road (Block 1300, Lot 29).

17. Letter received on March 14, 2003, from EcolSciences, Inc. regarding an application for a Letter of Interpretation Extension: 102 & 104 Crease Road ( Block 1200, Lots 1 & 2).

Correspondence from Organizations / Committees / Boards

18. Letter received from the Mount Olive Township School District thanking Mt. Olive Township’s Road Department Supervisor, Timothy Quinn for all of the hard work Tim and his department did after the Blizzard on February 18, 2003.

Utilities/Cable

19. Letter received on March 17, 2003 from Comcast regarding Breakfast for Municipal Officials, and CN8 additional new shows.

Newspapers

20. Letter received on March 13, 2003 from Dick Johnson regarding the suspension of the News Leader Newspaper.

President Guenther: Any questions on any of these items of correspondence?


Mrs. Spencer: On item No. 1, the letter about vacating Lamar Road; we received that letter from the property owners and we then notified them since this would be at their request even though the road is listed on our Township list of roads to be vacated and they have all agreed that they would split the costs of this process. SO for the metes and bounds that the Engineer does and for legal cost to have it gone through. So it is now in the process of going through the Township department for sign off and approval.

President Guenther: Just again, who would make sure that there is no land that is left land locked as a result.

Mrs. Lashway: Well that ordinance is on for First Reading, after it is adopted on first reading I will send a notice out to the property owners the date of the Public Hearing. The one that is being adopted tonight, that’s a vacation in which Aasmaa is the only property owner affected.

Mr. Dorsey: Well that is at his request.

President Guenther: Okay, any further comments? Seeing none.

ORDINANCES FOR PUBLIC HEARING

Ord.#12-2003 An Ordinance Changing the Name of Various Streets. (Valley View Drive South to Brock Lane, Valley View North Drive to Sowers Drive and Turkey Brook Court to McCain Court)

President Guenther: Any comments from the public on these changes to these road names? Seeing none. This is up in the Woodfield Estates section. There was confusion on Valley View Drive because there is a Valley View Drive in Hackettstown and since that is a Hackettstown zip code, the post office was getting confused. We decided some of the generic names we were putting up there at the same time, I guess it was a Planning Board sub-committee that dealt with that, they made recommendations to change the other generic names they had from the list of names that we have of personages in the History of Mount Olive that were submitted by the Historical Commission.

Mr. Rattner moved for adoption and final passage of Ordinance #12-2003. Mr. Perkins seconded the motion.

President Guenther: Council discussion? Seeing none.

ROLL CALL: Passed Unanimously

President Guenther declared Ordinances #12-2003 as passed on second reading and hereby directed the Clerk to forward a copy of same to the Mayor and to publish a notice of adoption as required by law.

Ord.#17-2003 Ordinance of the Township Council of the Township of Mount Olive Amending Chapter 176
Parks, Article I, General Regulations of the Code of the Township of Mount Olive – “Parks.”
(Guidelines for Use of Parks).

President Guenther opened the public hearing on Ord.#17-2003.

Richard Bonte, Budd Lake: Before I comment, don’t we normally move the motion, get a second then ask for public comment.

Mr. Scapicchio: This is a public hearing. It gets opened to the public for comment and then we move.

Mr. Bonte: It seems like it was always the other way.

Mr. Greenbaum: Before he begins, I believe that you commented that his was a motion for first hearing when you introduced it; it is for public hearing just so the record is clear.

Mr. Bonte: My question is, this ordinance references rules which are not attached to this ordinance. I looked at two weeks ago, a copy of proposed rules that Jill had showed me. However, I don’t know that those are the rules that are part of this ordinance. Shouldn’t those rules be attached to this ordinance and actually be incorporated into the written ordinance that goes on the books, otherwise the rules can be changed by the Administration, and all it does is reference the rules. I am not saying anything cynical, but over time, rules can be updated or whatever and never come back to the governing body for approval.


Mayor Licitra: That is one of the reasons why we are even going for this; have everybody have a board of directors and have bylaws and for things like that.

Mr. Bonte: Well, I would think that the rules should be attached to this and made an intricate part of what actually gets published in the code. That is my only comment, thank you.

Mrs. Lashway: It will be.

Mr. Dorsey: The Clerk said the rules will be attached when she does the final publication, it will become part of the Ordinance.

Mr. Bonte: I guess my comment then for that Mr. Dorsey would be, the public does not have an opportunity to have those rules in their possession tonight to be able to make reasonable comment to this board.

Mr. Dorsey: If that is true then you might want to adjourn the public hearing and make a point, Lisa, of making those rules available if they are not.

Mrs. Lashway: Do you want me to publish them?

Mr. Dorsey: I take it there are a number of pages, and generally what we do is not publish them, but incorporate them by reference and it would be appropriate not to publish them but to attach the rules to the copies that are on the table for the public.

Mrs. Lashway: okay.

Mr. Greenbaum made a motion that we continue public comment until the next Public Meeting. Mr. Rattner seconded the motion.

ROLL CALL: Passed Unanimously.

Ord.#18-2003 An Ordinance of the Township of Mount Olive to Vacate a Portion of Second Street. (Aasmaa Planning Board Approval Condition).

Mrs. Miller moved for approval of Ord. #18-2003. Mr. Perkins seconded the motion.

Mr. Guenther opened the Hearing to the Public on Ord. #18-2003. Seeing know one wished to be heard the public hearing was closed. Council comments? Seeing none.

ROLL CALL: Passed Unanimously.

President Guenther declared Ordinances #18-2003 as passed on second reading and hereby directed the Clerk to forward a copy of same to the Mayor and to publish a notice of adoption as required by law.

ORDINANCES FOR FIRST READING (2nd reading April 8, 2003)

Ord. #19-2003 An Ordinance of the Township of Mount Olive Authorizing a Revision to the Code of the
Township of Mount Olive, Part I Administrative Legislation Chapter 4, Administrative Code
Article XV, Budget, Purchasing and Expenditure Section 4-73B and 4-73C Entitled Procedures
for Payment.

Mr. Perkins moved that Ordinance #19-2003 be introduced by title and passed on first reading and that a meeting be held on April 8, 2003 at 7:30 pm at the Municipal at 204 Flanders - Drakestown Road Mount Olive New Jersey 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.

ROLL CALL: Passed Unanimously.

Ord.#20-2003 An Ordinance of the Township of Mount Olive to Vacate a Portion of Chelsea Drive.

Mr. Scapicchio moved that Ordinance #20-2003 be introduced by title and passed on first reading and that a meeting be held on April 8, 2003 at 7:30 pm at the Municipal at 204 Flanders - Drakestown Road Mount Olive New Jersey 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. Greenbaum seconded the motion.

ROLL CALL: Passed Unanimously

Ord.#21-2003 Bond Ordinance Providing a Supplemental Appropriation of $65,000 for Section 3(A) of Bond
Ordinance #37-2002, Finally Adopted September 24, 2002, for the Purchase of a Truck for the
Budd Lake Fire Department in and by the Township of Mount Olive, in the County of Morris,
New Jersey and Authorizing the Issuance of $61,750 Bonds or Notes of the Township for
Financing Part of the Appropriation.

Mr. Rattner moved that Ordinance #21-2003 be introduced by title and passed on first reading and that a meeting be held on April 8, 2003 at 7:30 pm at the Municipal at 204 Flanders - Drakestown Road Mount Olive New Jersey 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. Perkins seconded the motion.

ROLL CALL: Passed Unanimously.

CONSENT RESOLUTIONS AGENDA:

Resolutions on the Consent Agenda List are considered to be routine and non-controversial by the Township Council and will be approved by one motion (one vote). There will be no separate discussion or debate on each of these resolutions except for the possibility of brief clarifying statements 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 Amending the Temporary Budget for 2003 for the Current Budget. (April temporary budget)

2. Resolution of the Township Council of the Township of Mount Olive Authorizing the Execution of a Preliminary Developer’s Agreement Between the Township and Ilmar Aasmaa for Woodland Estates.

3. Resolution of the Township Council of the Township of Mount Olive Authorizing the Execution of a Developer’s Agreement (Final Major Subdivision Approval) Between the Township and Woodfield at Mt. Olive in Connection with Section IIB.

4. Resolution of the Township Council of the Township of Mount Olive Authorizing an Agreement with Frank Dolan.

5. Resolution of the Township Council of the Township of Mount Olive Authorizing the Business Administrator to Execute a Treatment Works Approval Permit on Behalf of Briad Development East, LLC (Marriott Residence Inn).

6. Resolution of the Township Council of the Township of Mount Olive Authorizing the Use of Various Purchasing Contracts.

7. Resolution of the Township Council of the Township of Mount Olive Opposing Assembly No.: 2487 and Supporting the Defeat of Same.

8. Resolution of the Township Council of the Township of Mount Olive Authorizing the Making of Applications to the Morris County Historic Trust for Matching Funds in Connection with the Seward House and Baptist Church.

9. Resolution of the Township Council of the Township of Mount Olive Authorizing a Study to be Performed by Schoor DePalma. (Water allocation permit for Turkey Brook Park Phase II).

President Guenther: We have nine items on the consent resolutions agenda. Is there any particular item anyone on the Council wishes to delete from that list? Seeing none, then there’s number eight, there has been a revision to that and I will read that in the third paragraph. It is amended as follows, whereas the Township has already in preparing the 2003 Municipal Budget included matching funds in the amount of $25,000 is being removed for the President Guenther (cont’d): above stated purposes. That is being eliminated, then in the last paragraph where it says Now Therefore Be it Resolved, at the end where it says appropriate applications to the Morris County Historic Trust fund for the purpose of receiving a matching grant. Eliminate the reference to that dollar amount.

MOTION TO APPROVE CONSENT RESOLUTIONS AGENDA

Mr. Greenbaum moved for approval of the consent resolutions 1 through 9 as amended. Mr. Scapicchio seconded that motion. Any comments from the public?

Rich Bonte, Budd Lake: Just a clarification on item four which is the agreement with Frank Dolan, in the second Where was it states for any loses which may be brought by any party in which he is named a defendant. Lower down after Now Therefore Be it Resolved under item two, it says shall receive a defense and indemnification for any claims which are brought against him in his capacity as a former Township employee. Do we need to revise the section up above. I presume what the intent is, is what is down in paragraph two. Am I correct in that there might be a conflict between those two statements and the sentence in the first whereas should be revised? I understand the intent of this and I don’t question that.

Mr. Dorsey: I don’t think you really need it, because I think it is clear in the content. If you want to do it we could do it.

Mr. Greenbaum: I would agree with that as the mover of the resolution motion that the first whereas clause should also include with regard to it’s capacity as a former Township Employee. Mr. Rattner seconded the motion.

Mr. Dorsey: So, the amendment to that resolution has been moved and seconded.

All in favor none opposed

Mr. Dorsey: You have moved and seconded the consent agenda 1 through 9 with the amendments to number eight and number 4.

President Guenther: Any further public comments? Seeing none. Council Comments? Seeing none.

ROLL CALL: Passed Unanimously.

RESOLUTIONS NON CONSENT

10. Resolution of the Township Council of the Township of Mount Olive Authorizing the Execution of a Deed to the County of Morris of a Portion of Lot 9, Block 4400 and a Portion of Lot 74, Block 7600.

Mrs. Miller moved for approval of resolution number 10. Mr. Greenbaum seconded the motion.

President Guenther: Could we get a quick explanation of this Cindy?

Mr. Dorsey: The explanation to it is we took title to this property from B & H royalty four or five years ago, they had already agreed to give the County certain additional right of way to widen Flanders Road which apparently is a County Road. It was never done. Now the title has been invested in the Township for the last four years, so we are simply completing the conveyance of that additional right of way, the County is apparently is now going to widen and improve Flanders Road at that intersection.

President Guenther: Comments from the Public regarding this resolution? Seeing none, Council comments?

ROLL CALL: Passed Unanimously.

11. Resolution Recognizing April 6 Through 13, 2003 as Crime Victims’ Rights Week in the State of New Jersey and Supporting the Statewide Victims’ Rights Summit to be held on April 7,2003.*

12. Resolution to Amend the Temporary Capital Budget. (companion to Ord. #21-03)*

13. Resolution of the Township Council of the Township of Mount Olive Authorizing a Supplement to a Developer’s Agreement Between Lakeview Estates and the Township of Mount Olive.* (agreement relative to water connection for model home).

Mr. Perkins moved for adoption Resolutions 11 through 13. Mr. Rattner seconded the motion.

President Guenther: Public Comment on those three resolutions? Seeing none, Council comments.

Mr. Scapicchio: On number 13, is there a time limit attached to this agreement?

Mr. Dorsey: There is a time limit in the basic developers’ agreement and they frankly, according to Mark are racing forward to complete it because they get no more than connection to the model home until they fully complete the water system, so that is the real motivation there. The basic developer’s agreement does have an overall time limit, but the real moving force is they can’t sell a house until they complete that water system which involved the connection of their water system.

President Guenther: Okay, so they have to represent that mess.

Mr. Dorsey: It requires them to give written notice to their purchasers.

President Guenther: Okay.

Mr. Rattner: Wait a minute, if I read the back up correctly, they are giving, if they are telling their potential buyers that if they don’t have all approvals not identifying what it is by August 31, 2003, then that person has the right to get a refund. That’s the only thing I see from your letter.

Mr. Dorsey: We are not talking about the letter; we are talking about the supplemental Developer’s Agreement.

Mrs. Lashway: Which is before you tonight; it was attached to your agenda changes packet.

Mr. Ratter: It says in here, they actually said they are going to tell the…

Mr. Dorsey: No, you require them to do it.

President Guenther: It’s one of those things, I don’t know how you enforce it, but at least it is on the record that they have to do it and if somebody complains that it was not done, then they are liable in some way.

Mr. Dorsey: The Township Council by doing this has done everything they possibly could do to see that a buyer is not caught unaware of the fact that they can’t move then until the water system is complete.

President Guenther: Clause three here, it says the Developer must post signs and advise all of the purchasers that the water system for the perspectives of homes has not yet been fully installed, approved or accepted by the Township Engineer but it is saying post signs.

Mr. Dorsey: That is the stuff we got tonight, I was reviewing the stuff we already had.

ROLL CALL: Passed Unanimously.

MOTIONS

1. Bill List.

Mr. Scapicchio moved the Bill List as presented, Mr. Rattner seconded the motion.

President Guenther: Council comments?

Mr. Scapicchio: I have several. On page three, Warnock Fleet Leasing of Ford Wagon, special services van, $24, 865.00. Do you know what that is? If not, I will accept an answer at a later date.

Ms. Jenkins: I’m looking for it Dave, why don’t you go on to the next one?

Mr. Scapicchio: Okay, on page 7 and then on page 8, Natural Gas for the Municipal Building. There are two bills. One for $5,520.21 and one for $5,110.83, both paid on the same date.
Ms. Jenkins: The special services van is actually for the Health Department. It was in last years Capitol.

Mr. Scapicchio: Thank you.

Mayor Licitra: Maybe you should take the Bill List out of sequence from now on. If we are going to get questions at the last minute, that is fine, I have no problem, we’ll do it. But maybe we should have it at the beginning of the meeting, this way we could research it instead of letting everybody wait for us while we research.

Mr. Scapicchio: I don’t need an answer tonight. I don’t look at this Bill List until I come in here at 6:00 pm. That’s one thing I do on a Tuesday night is I look at that Bill List in detail. I am not looking to put any pressure on anybody. If they don’t have the answer, they could give me an answer after they research it tonight.

President Guenther: Well then we need to yank it off the list, right?

Mayor Licitra: I have no problem with that, what I am saying is that if you went out of sequence and you started at the beginning, while you are talking and discussing Township Business, Sherry, Cindy or myself could be looking at the Bill List and have an answer before the end of the meeting so that we don’t take up this valuable time.

Ms. Jenkins: They are for two different months Dave. One was for a payment due February 20, 2003 the other was for a payment due March 21, 2003.

Mr. Scapicchio: Last on page 15, Flanders Fire Company, Just Palm M-130 hand held devices, $1,239.90. I guess that was more than one and is that for the Flanders Fire Company? When I brought it up earlier with Steve he thought maybe the Building Department. Again, if we don’t know tonight, you can give me an answer at a later date.

Mrs. Spencer: Dave, I believe this was for a Fire Prevention Unit. You know how we went with the Gov Excel Software? In order to use it, you need the hand held palm units and as a way to get the hand held palm units, I believe that Fred DeToro put it on the Flanders Fire charge card so that he could get it right away, and this reimbursing them for that. But it is for our Gov Excel Software for use in fire prevention inspections.

Mr. Rattner: How many did we buy? Those were $150.00 units, that’s the bottom line palm.

Mrs. Spencer: No, no, no, these were over $500.00 each.

Mr. Rattner: Oh that includes the cost of the software too.

Mrs. Spencer: Well, I don’t know how to answer that other than you literally take this unit and it has all of your reports in it, you work on it and you then sync it up with your computer. They are expensive.

Mr. Rattner: I know that was one of the things, when we discussed the Building Department, we were trying to tie all of our permits and everything in together.

President Guenther: Anything further? Seeing none.

ROLL CALL: Passed unanimously.

COUNCIL REPORTS

Library Board Liaison Report

Mr. Scapicchio: A couple of things to bring everybody up to date. I am told that there were eight to ten plans that were picked up by potential bidders for the new library. The bid opening is scheduled for this Friday at 2:00 pm in this chambers here. The Library has scheduled a ground breaking ceremony for Wednesday, April 16, 2003 at 10:00 am and lastly I am told that Netcong has accepted the Library’s offer to share services for that facility and that there be an orientation scheduled for April 7, 2003 at 7:00 pm and it would probably be a good idea if the Mayor and some Council members were there to meet the officials from Netcong. Jane Israel is in the audience. Jane, is there anything else that I missed?
Mrs. Isreal: You have got it covered.

Mr. Scapicchio: Bernie, that’s it.

President Guenther: Okay, thanks Dave.

Recreation Report

President Guenther: There is really none. There has not been a meeting since the last report. Jill, anything else you want me to mention regarding recreation?

Mrs. Daggon: That’s it.

Board of Health Report

Mr. Perkins: No meeting last month Mr. President, nothing to report.

Planning Board Report

|Mr. Greenbaum: Three issues were actually discussed. The first was the Master Plan which has been scheduled for Public Hearing, I don’t have the date but it will be noticed. Secondly, the new Crown Tower application, it was to be discussed in terms of whether or not the Board was going to exercise or whether or not the Board had jurisdiction to hear the matter in light of the pending appeal. On the eve of that discussion, the applicant submitted a letter by way of his attorney indicating that he wanted it put off because his attorney was not going to be available and ultimately that hearing has been rescheduled to May 8, 2003. The only other matter which was discussed involved Saturn of Mount Olive, they had previously obtained approval to build in Mount Olive and they came back to the Planning Board for the new approval. They are satisfied with their present building in terms of the Saturn dealership and we are seeking approval to build a new dealership on Route 46. They don’t know what brand they are ultimately going to have at the dealership although it will be a new car dealership and he was looking high end. The most likely candidate was Lexus, although we did not have approvals from Lexus. In any event the Planning Board gave him preliminary approval but not final approval.

President Guenther: Now that is the lot next to their present facility?

Mr. Greenbaum: I don’t know the answer to that question.

President Guenther: I think so because at one time they had a sign up there saying his Saturn is coming and then they didn’t come.

Open Space Committee Report

Mrs. Miller: The March meeting was cancelled; the next meeting will be April 14, 2003, however in your packets of information you should have gotten an invitation for our Open Space Tour which is April 5, 2003 at 8:50 in the morning.

Mr. Scapicchio: I assume you are driving the bus Charlene?

Mrs. Miller: I volunteered. I am not sure whether we are using the senior citizens bus or whether we will be using a nice modern school van. I suggested the senior citizens bus since they have been asking for a new one. Although we could possibly get a school van that has air conditioning and really modern equipment, but we are still working on that.

Mr. Greenbaum: Does that have to be advertised if more than four of us go?

Mr. Scapicchio: I would think so.

Mrs. Miller: It was not supposed to be a tour for the general public. We don’t expect everybody to show up, but we certainly extended an invitation to the Planning Board Members and the Council and I think even some freeholders. I think that is on the flyer that you got.

Mayor Licitra: Bernie?

President Guenther: Yes.

Mayor Licitra: Maybe John can enlighten us?

Mr. Dorsey: I don’t think on a tour like this you need to go through the process of advertising for a public meeting because there is not going to be a Public Meeting.

Mrs. Miller: There won’t be any action taken, we are just taking the Township people around to show them where the open space is so that they can understand what we have purchased and what we hope to purchase.

Mr. Dorsey: You better invite Mr. Bonte too just in case there are any comments that have to be made.

Mrs. Miller: We are going to drive past Crown Towers.

Legislative Committee Report -None

Pride Committee Report

Mr. Perkins: Nothing to report. Mr. President.

Status of Committee RE: Lake/Environment Issues

Mrs. Miller: We had our meeting at 6:00 today and Cindy was leading a really good meeting, it went downhill real quick. Everybody started talking at once after you left. I think we went over lot of the procedures on how each department will function but I think the only thing that was probably new to me was that we’ll have contact numbers for two, possible three of the Lake Committee people. We had to leave early to come to this meeting and I think another meeting will be set. Is that a pretty good summary?

Mrs. Spencer: I think it is important to note that it has certainly opened up communications and I think that is going very well because if they have any problems at all they feel free to call now. They know the Township players and I think that goes a long way.

Board of Education Report

Mr. Scapicchio: Last’s night the Board introduced a 2003/2004 budget, they proposed a $60 million plus budget for that calendar year. $40 million to $41 million shall be raised by taxes and as Daniel stated, they predicted that the average house in Mount Olive assessed at $187,000, will cost them an additional $212.00 a year in taxes for the school board and just as information. The total student enrollment district wide is $4,635 students. That breaks down as follows. Mount Olive High School had 1,220 students, Mount Olive Middle School had 1,136 Chester M. Stephens 572, Mountain View 670, Sandshore 486 and Tinc Road had 551 students and that is all I have.

President Guenther : Thank you. Mr. Rattner, anything to add on that?

Mr. Rattner: No. We were sitting together so we heard the same thing.

Master Plan Report

Mr. Scapicchio: Rob stated that it is on for Public Hearing. Mayor, do you now the date?

Mayor Licitra: No. Did we set a up date Rob?

Mr. Greenbaum: I am pretty sure we set a date. I believe May 15, 2003.

President Guenther: Okay. That’s it for committee reports, I open it to the public for the Final Public Portion of the Public Meeting.

PUBLIC PORTION

Bob Elms, Budd Lake, NJ: Aside from the mix up on whether you introduce an ordinance and seconded it, or what not, maybe we should have something scheduled so that it is known how this is going to go in the future. The web-site publishes every week the Township Council Public Meeting Agenda, I noticed tonight that three of the items that showed up on the agenda from here were not on the website.

Mrs. Lashway: Scott, our Information Technology guy had left early today and I had sent him the wrong agenda after I realized the wrong one was up, I tired to contact him, he had already left. I sent him an email with the update if he checked his mail from home.

Mr. Elms: It very rarely happens, I just happen to see it tonight. Also, somewhere between administrative matters and Turkey Brook Park Status, there were about 5 different items that were discussed including the old municipal building and what to do with it that did not show up on the agenda.

President Guenther: It was under old business.

Richard Bonte, Budd Lake NJ: First of all, not that it matters, but I would like to just comment on the Mayor’s suggestion to move the Bill List up to the beginning of the Agenda and then the approval at the end. I think that is an excellent idea.

President Guenther: We will do it, it will be done.

Mr. Bonte: I have not looked at the Sign Ordinance, but I did have a comment and I know I brought this up about a year or two ago, and that is the proliferance of real estate, whatever they call those sandwich board type signs that show up all over the town every weekend. I personally don’t believe that one business organization should be allowed to conduct free advertising on the public right of way every weekend forever. I think these things look like junk all over the Town. There is really no need for them. If I went around Town on Saturday and Sundays and picked up signs for my business, I would probably get a ticket. So I think we have a policy here that has gone on far too long and regardless of the business, I think that these signs should be outlawed. So I hope that is something that you might consider in the new sign ordinance. We had a discussion, I guess it was last week regarding the rainfall issue. I have not yet received a call from Mr. Buczynski yet to set up a meeting. I did want to give all of you a copy of something that I wrote and just read it into public record that I would suggest be added to the document, the Stormwater Management Plan, so I could just give you those and you could take a look at them and consider it.

Mayor Licitra: Is this the one you gave out the other night at the Planning Board Rich?

Mr. Bonte: Yes it is.

Mayor Licitra: That means that Gene has a copy of this.

Mr. Bonte: Yes, he does. Mr. Buczynski does have a copy of this, basically I feel that this is rather non-threatening but establishes a policy for the Township. It reads to paragraph five on section 613 paragraph A, it should be noted that a significant portion of Mount Olive Township is located at elevations of 900 feet to 1300 feet which can produce 24 hour rainfall events greater than those returned by figure 600-1, rainfall intensity curves for Morris County. A generally recognized phenomena known as orographic lifting will produce greater rainfall values and in higher elevations and rainfall “shadows” in areas down-wind of such highlands. The rainfall intensity curves in figure 600-1 may not take in to account this phenomenon. Published data from the National Oceanic and atmospheric Administration indicates 24 hour storm events have occurred in Northern New Jersey that are 50% higher than design requirements indicated in figure 600-1. Designers of stormwater management systems in the higher terrain areas of the Township should address these increase requirements as part of the proposed stormwater management design and are encouraged to size stormwater management systems appropriately. I think that this is at least from my perspective a reasonable compromise. I offer this as a suggestion and hope that we can have a disscussion on it in a couple of weeks. Finally, on a more humorous note, I would certainly be the first person to buy a $50.00 ticket for a raffle the Township might conduct to see who actually gets to press the plunger when we remove the former Mount Olive Municipal Building. Maybe, as humorous as this sounds, might be a way of raising some money to improve that site.

President Guenther: Thank you Mr. Bonte. Any further comments from the public?

Jerry Roskoff, Budd Lake NJ: Dave, how long have you lived in Mount Olive?

Mr. Scapicchio: 26 years, going on 27 years.

Mr. Roskoff: During this period of time, have you ever seen the Board of Education lower the tax rate?
Mr. Scapicchio: No.

Mr. Roskoff: That’s exactly why my house is for sale, because I keep seeing those taxes go up and up and no matter what you do as far as the other set of taxes, you try to stabilize it, it still keeps going up and up. I don’t even use the school facilities. Thank you.

Colleen LaBow Budd Lake, NJ: I know this was discussed and passed quite a while ago, the issue about the Mount Olive Chronicle not being the paper of record. I read the Daily Record all the time but I got my renewal notice the other day. I started thinking about it, I remember being here at a meeting one time last year when the Chronicle was listed as the paper of record and you listed the Daily Record as your back up paper incase you had something that had to go in and you already missed the deadline for the Chronicle, so the Daily Record has always been the backup paper. From what I understand, the Daily Record to advertise the Legals is about a 30% increase to us to advertise with them, then I was looking at my renewal bill, it costs $120.00 year for a yearly subscription to the Daily Record which means now the public, in order for them to be informed of Legal Notices, it will cost them $120.00 year if they get a subscription, it is more if they buy it off the newsstand vs. $19.00 to be notified via the Chronicle and I just want to state that I think that is a huge expense to the public just so that they could be made aware of Legal notifications. Thank you.

President Guenther: Any further comments? Seeing none, I’ll close the public session. Council comments?

Mr. Rattner: I have to agree about the signs proliferating. There is a furniture store down in Hackettstown, not only was there a highway right of way, but they started spreading out and I started seeing them on some of our internal roads which is the first time I have ever seen that happen. Anyway, the other thing is that in your report said that your bid openings are going to be very soon on the library, I am hoping for the best because this is the right time of the year to go out to bid, the beginning of the year, because a lot of the contractors are looking for work and as you go through the year, there are less of them. As they get different jobs and fill up their schedule, there is not much time left so, we just hoping we are going to luck out. If there are eight interested, hopefully there will be at least five that will bid so we can get a good selection.

Mr. Scapicchio: Steve, those eight that picked them up paid somewhere between $200.00 - $300.00 for the bid document.

Mr. Rattner: They are serious, that is what I mean. Maybe, we’ll get five and that will still be a good collection.

President Guenther: I guess I am the wrong person to comment regarding signs, but this has been something that I have been after because the enforcement has not been proper, mainly because of real estate signs. I know my company respects the law here and does not proliferate with signs. The discussions I have had with the Enforcement Department were we didn’t have enough teeth in the law to enforce it. So that’s what we are going to be putting in. The main culprit is, and I have just noticed yesterday, there is one particular firm that has put out permit signs saying do you want to list with us. That is just completely out of line. I think the ones you are talking about Sunday, and most towns allow this, that on Sunday you put them out for the period of the open house, and you pick it up afterwards. What we are going to do is put teeth in the law so that people will be fined and held accountable for picking up those signs. There is one company in particular, and what they do is they give the signs to the homeowners and the homeowners put them out and they leave them out permanently all week long. So then you have got to go after each individual home owner to get those signs off. Not the Company, because that company on their 800 number does not even answer the phones. There is something else here. We got a letter from Bill McGowen and Ernie DiCicco on the Robotics team. I just want to make everybody aware of it. On April 3rd to April 5, the first Johnson and Johnson Mid-Atlantic Regional will be held at the Rutgers Athletic Center, 43 teams will be included. Mount Olive is sending a team, it is actually international, a team coming up from Brazil, so this is an invitation to extending it to any Council Members that wishes to go if you want a VIP pass. I attended one of these that they had at Mount Olive High School a couple of years ago. It is amazing what those kids do. That’s all the comments I had, just for the benefit of the public we are adjourning and going into a workshop session simply to try and finalize the budget.

President Guenther made a motion to adjourn, all in favor, none opposed. The meeting adjourned at 9:02 pm.

______________________________
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 June 17, 2003


_____________________
LISA M. LASHWAY
Mount Olive Township Clerk

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