Mt. Olive Township Council Minutes
March 26, 2002

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

MOMENT OF REFLECTION

President Scapicchio: If everyone would just join us. At these Public Meetings, we now do a moment of reflection of the men and women fighting terrorism and defending the freedom that we all enjoy.

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

Also present: Mayor Licitra; Mrs. Jenkins, CFO/Acting Business Administrator, Mr. Dorsey, Township Attorney; Mrs. Lashway, Township Clerk.

Presentation to Boy Scouts for placing Nest Boxes at Turkey Brook Park - C. Miller
Justin Hughes
Erik Hughes
Jim Breheney

Mrs. Miller: It gives me great pleasure to call up the following boys that helped us put blue bird nest boxes up at Turkey Brook Park. It was part of a conservation effort and it was in the 202 acres known as B&H which is an extension of the Turkey Brook Park greenway. So I would like to call up the following boys for these awards. I'm going to call all of your names at once so you can come up at once and then the Mayor will give you your certificate and shake hands with you: Jim Breheney, Erik Hughes and Justin Hughes. Thank you very much for your work. These boys had to carry about 85 houses and they did it all in a couple of hours. They really had to walk a long way carrying some of those boxes. You could only carry three or four at a time. I appreciate their work. Thank you.

Mayor Licitra: Thank you guys, thank you very much.

PRIDE COMMITTEE - Presentation on Status of Projects & Goals

President Scapicchio: Next on the Agenda, we have a presentation on the Status of Projects and Goals by the Pride Committee.

Suzanne Dimonda (Pride Committee): These are our proposed purchases for the upcoming year and hopefully we will have our support and not cut our budget too tremendously. On the first page, it is just the Pride Committee's annual purchases that we would like to do. This summer, banners along the Lake as well as the ones that are on Main Street in Flanders. We would like to change them to the United We Stand American Flag Banner and there is a copy of that right behind the first page and for the autumn, we would like the banners to be a gold/brown banner which leaves on it and on the bottom it would say Mount Olive. The existing hardware will be used so this is just the cost of the actual banners. Radar has been really helpful as far as putting up the new ones, the spring ones were just put up this past week. As far as the Memorial Day Parade goes, last year we did the red and yellow balloons, this year we are going to go with the patriotic theme and we would like to do the red, white and blue balloons with the Mount Olive Pride Committee and the Mount Olive logo on one side and the outline an American flag on the reverse. I'd like to also list some of the other items we would need. Also, we would like to do the red, white and blue decorated pencils as hand outs this year instead of the magnets which we did last year and also indicated are two $100 savings bonds for our essay contest, which again, was very successful last year. The picture of the autumn banners are also behind, that's page 3. As far as the holiday decorations are concerned, we know that there is going to be some kind of line item in the budget for that. We would like to give you some ideas of how we would like to spend the money, whatever money we have coming towards us as far as holiday decorations and in front of the Municipal Building, we'd like to put a little bit of a winter scene which is on the second page, the Dickens of a Holiday. I have itemized costs of those and we'd be able to purchase those separately and hopefully, grow each year and put up a nice scene in front of the Municipal Building and we are hoping, the term, "if we build it, they will come" kind of idea and it will be known throughout the town and people would come specially to visit that. Also, on Route 46 and on Main Street in Flanders, to compliment the winter banners that go up at that time of year which are
Mrs. Dimonda (cont'd): the blue snowflakes, we'd like to put up four and a half foot spiral lighted snowflakes so in front of the Lake it would be a banner and then a lighted snowflake and then a banner and a lighted snowflake. We will be needing adapters for those to go on the poles and that is a one time fee after we purchase those adapters, they will be ours and we wouldn't have to worry about that for the future years. That's about it. I think I put in there a picture of the lighted snowflake that we would want. That's it. Let's see what you guys can do for us.

PUBLIC COMMENT PERIOD

President Scapicchio: Thank you. That brings us to our first public comment period. There is another public comment period towards the end of the meeting. Any one from the public wish to address the Council on any subject?

Dave Jones (Route 46, Budd Lake): I just want to know what the total was that the Pride Committee is requesting.

President Scapicchio: $10,389. Thank you. Any one else from the public? I'll close the first portion of the public comment period.

ADMINISTRATIVE MATTERS

Mrs. Jenkins: None at this time.

President Scapicchio: Just the appointment of Howie Weiss? You said nothing and I'm reminding that he does have something.

Mr. Dorsey: You are trying to straighten the Planning Board out.

Mayor Licitra: Howie, you are not a nothing in my mind. I'd like to make the appointment of Howie Weiss, Planning Board Member, Class IV/Environ. Comm. Rep. for a 3 year unexpired term to expire 12/31/03, which means I have a vacancy, as an alternate, on the Planning Board that I'm looking to fill within the next two weeks.

President Scapicchio: Congratulations, Howie.

LEGAL MATTERS

Mr. Dorsey: Just let me run through three things. The purchase of Charter's Farm which is the 65 acre tract. You are all familiar with this. It is now scheduled to occur on April 26th. The closing will actually be held in the Municipal Building, here, and that is the purchase in which the County is coming up with $450,000. We are coming with $450,000, which Sherry tells me is in the bank and we have those funds. Just two things I want to point out. Number One, this money that is being received through the County is from the Farmland Preservation. Because we are taking Farmland Preservation, there are some restrictions. The first is that when this property is again sold, the fee title is sold, it will provide that whoever purchases it has the right to put up, what Walter Krich and Frank Pinto refer to as AG Housing; that is dormitory style housing for farm workers which can only be utilized for farm workers that are employed in the fields that are being purchased that upon which the restriction against development is being placed on the property. There is a house on that property at this time. That house is less than great condition and the sale will provide a provision that the purchaser, the underlying fee, which is also sold subject to the restriction of no development, can only be used as farm, may either be refurbished or may be demolished and a new home be built on the lot, which I believe is lot 8 where the house is located and they anticipate that if the new house is built, it will be built back from the road and up on the hill that is there. So the addition of AG Farming was something new to me but that is not a big deal. It apparently follows through with the concept of we are supposed to be preserving farmland for farmland use. Of course, there is some hope here that some wealthy person will purchase the land for a horse farm and that would make it a lovely situation. Two fast things in terms of your budget, as you know BASF has filed an appeal. At the time Jack Marchione, the Assessor, made up his budget he never anticipated that there would be an appeal of a $160,000,000 assessment and you are going to have to put something in your budget to provide for the defense of that matter because he included nothing for that. He anticipated, and this is no criticism of him, that the number of tax appeals, the magnitude of tax appeals, would be as they have been for the last two years. But $160,000,000 is the largest single assessment in the Township and these corporate headquarters have now become, Town's that have them, have become very vulnerable to these suits because, for instance, AT&T vacated their principle office down in, I think it was Basking Ridge or Bernards Township and Prudential has vacated their principle headquarters in Newark and these generate enormous tax appeals. I think that the number you can put aside is 75 but you can split it between Mr. Dorsey (cont'd): this year and next year because if the case goes to trial, it wouldn't actually go to trial until next year. Mr. Greenbaum spoke to me tonight about the legal budget for the Planning Board. I don't have an interest, per se in that budget. There is certain litigation that that budget should utilize for and one of them is Crown Tower because that is a Planning Board matter. It is a very convoluted situation, for instance, in the Mount Olive Complex case, if the Supreme Court denies certification, we win, but the minute we win, it means, for instance, one of the cases known as interverse, which is the zoning of the Smith Farm case, will come off of the inactive list and very quickly after than, go to trial. I think you can cut something out of that budget. I would say that you probably could go to 145, beyond that I think you begin to run some risks of not funding in the year 2002 that which will be needed for the defense of some of those cases. That's all I have.

President Scapicchio: Thank you, John

APPROVAL OF MINUTES OF PREVIOUS MEETINGS:

March 12, 2002 CS Present: Mr. Guenther, President Scapicchio, Mr. Perkins, Mr. Greenbaum,
Mr. Rattner
Absent: Mr. Spino, Mrs. Miller,

January 29. 2002 Present: Mr. Guenther, Mr. Greenbaum, Mrs. Miller,
Mr. Rattner, Mr. Scapicchio, Mr. Spino.
Absent: Mr. Perkins

March 19, 2002 CS Present: Mr. Guenther, Mr. Spino, President Scapicchio, Mr. Perkins, Mr. Greenbaum, Mr. Rattner
Absent: Mrs. Miller

Mr. Guenther moved for the approval of Minutes and Mr. Rattner seconded the motion.

ROLL CALL: Passed Unanimously with the exception of Mr. Perkins abstained on January 29, 2002, and Mrs. Miller Abstained on March 12, 2002 CS and March 19, 2002 CS.

CORRESPONDENCE

Resolutions, Ordinances, Correspondence from other Municipalities

1. Letter received March 11, 2002 from the Township of Hanover regarding a Public Hearing on a proposed Amendment to the Township Master Plan.

2. Letter received March 13, 2002 from the Township of Roxbury regarding Resolution #02-09 requesting the State of New Jersey to make Municipalities and School districts "whole" in terms of State Aid.
3. Ordinances #RO-13-02, #RO-14-02 received from Washington Township on March 21, 2002, to Amend Chapter 172 streets and sidewalks, of the Code of the Township of Washington with respect to driveway permit fees. To Amend Chapter 172 subdivision of land of the Code of the Township of Washington relative to the completion of improvements.

4. Letter received March 18, 2002 from the Morris County Board of Chosen Freeholders regarding Resolution No. 44; Whereas Senate Bill 1140 proposes to revise the Cap Law in the State of New Jersey.

5. Letter received March 21, 2002 from Washington Township regarding R-68-02, Resolution opposing Governor McGreevey's efforts to cut funding for dam restoration and rehabilitation.

League of Municipalities

6. E-Mail received March 13, 2002 from the New Jersey State League of Municipalities regarding the latest developments in the ongoing war against terrorism.

7. E-Mail received March 13, 2002 from the New Jersey State League of Municipalities regarding bills that the New Jersey State Assembly will vote upon on March 14, 2002.

8. E-Mail received March 15, 2002 from the New Jersey State League of Municipalities requesting help in stopping fast moving legislation that would legalize the use of Project Labor Agreements on public projects.

9. Letter received March 18, 2002 from the New Jersey State League of Municipalities regarding a seminar on Public Access to Public Records.

10. Letter received March 18, 2002 from the New Jersey State League of Municipalities requesting help in stopping fast moving legislation that would legalize the use of Project Labor Agreements on public projects.

11. Letter received March 18, 2002 from the New Jersey State League of Municipalities announcing a seminar on Constitutional Convention: Process for Tax Reform.

12. Letter received March 13, 2002 from the New Jersey State League of Municipalities regarding a Legal Marketing Seminar on Friday April 26, 2002 in Holmdel, New Jersey.

13. Letter received March 13, 2002 from the New Jersey State League of Municipalities announcing an update regarding one of the Leagues popular publications.

14. Letter received March 13, 2002 from the New Jersey State League of Municipalities announcing Police & Fire Labor Contract Data Service.

MSA / MUA

15. Letter received March 11, 2002 from the Musconetcong Sewage Authority regarding a Reorganization Meeting held on February 6, 2002.

16. Letter received March 21, 2002 from Gossmueller Environmental to provide legal notification that the MSA is applying to the NJDEP, Land Use Regulation Element for a Freshwater Wetlands LOI for the footprint of disturbance of the proposed treatment plant expansion at 10 Continental Drive, Stanhope, NJ [B201 L3].

DOT / DEP / Permit's / LOI's

17. Letter received March 14, 2002 regarding a Letter of Interpretation, line verification for Bartley - Drakestown Rd. [B 8100 L 3].

18. Letter received March 18, 2002 from the State of New Jersey Department of Environmental Protection regarding a draft renewal of the New Jersey Pollutant Discharge Elimination System/Discharge to Ground Water.

19. Letter received March 22, 2002 from Humanetrics, Inc. applying for an LOI at 155 Flanders-Netcong Road [B 4500 L 8].

Correspondence from Legislative Representatives

20. Letter received March 11, 2002 from the Statehouse with various announcements from Governor McGreevey.

21. Fax received on March 20, 2002 from the Office of the Governor proposing an FY03 budget appropriation of $28 million to The Cancer Institute of New Jersey.

22. Letter received on March 20, 2002 from the Office of the Governor announcing that he will propose the construction of a state of the art training facility for the State Police.

23. Letter received on March 21, 2002 from the Office of the Governor announcing that he will transfer $15 million in lifetime supplemental appropriation to the Weatherization Assistance Program in the Department of Community Affairs.

Correspondence from Organizations / Committees / Boards

24. Letter received March 11, 2002 from the Morris County Park Commission regarding White Tail Deer Management in New Jersey.

Notices

25. 2002 Equalization Table, County of Morris received on March 11, 2002.

26. Letter received March 11, 2002 advertising NJN's new public affairs program that focuses on New Jersey's communities. Why Us? Why Here? What Now?

27. Letter received March 15, 2002 regarding an invite to Mt. Olive Chamber Members to attend a lecture on Credit Freud in Business on March 19, 2002 at the Comfort Suites.

28. Letter received March 14, 2002 from Attorney Alan D. Goldstein regarding an endorsement for an Amendment to the Water Quality Management Plan on Mt. Olive Road [B 7801 L 41].

Utilities/Cable

29. Letter received March 13, 2002 from First Energy providing legal notification that Jersey Central Power and Light is applying to the NJDEP, Land Use Regulation Program for a Statewide Wetland General Permit for vegetative Maintenance activities.

30. Letter received March 20, 2002 from Comcast announcing the addition of Yankees Entertainment and Sports to their basic analog lineup beginning April 1, 2002.

President Scapicchio stated that we had 30 items of correspondence on the agenda and asked if Council had any comments on same.

ORDINANCES FOR PUBLIC HEARING

President Scapicchio opened the Hearing to the Public on:

Ord. #7-2002 An Ordinance of the Township of Mount Olive to Amend and Supplement Chapter 400 Entitled "Land Use" to Modify the Requirements for Residential Cluster Development and to Eliminate in its Entirety Certain Discretionary Standards for Rural Residential Development.

President Scapicchio closed the Hearing to the Public.

Mr. Rattner moved for adoption and final passage of Ord. #7-2002 and Mrs. Miller seconded the motion.

Mr. Dorsey: Just two things for the record. After we introduced this, there was a very small word inserted "without variance or waivers." I don't consider that to be a substantial modification of the ordinance because what it amounts to is a clarification of what a conventional designed subdivision is. So there's a change but I consider it to be a minor change. I also want to point out that Mr. McGroarty is now going to prepare a follow up to this ordinance and the follow will then make the use of cluster subdivision an option to be granted at the discretion of the Planning Board. At the moment, as it is written in the ordinance, it would appear that it is a right. Now it will become an option to be used at the discretion of the Board. It doesn't effect this ordinance.

Mr. Greenbaum: The proposed changes were discussed at the Planning Board and the Planning Board approved the proposed ordinance with the changes. Mr. Busak echoed the same sentiments with regards to it being a clarification.

ROLL CALL: Passed Unanimously.

President Scapicchio declared Ord. #7-2002 as Passed on Second Reading.

President Scapicchio opened the Hearing to the Public on:

Ord. #8-2002 An Ordinance of the Township Council of the Township of Mount Olive Amending and Supplementing Ordinance No. 08-97, Which Granted Municipal Consent for the Renewal of the Cable Franchise of TRK Cable Company of Morris. (cable access channel)

Richard Bonte (Budd Lake Heights Road): Wasn't the last ordinance that was passed in 1997-1998 for ten years.

President Scapicchio: Ten or Twelve, Lisa reminded me.

Mr. Bonte: Is it rescinded as a result of this ordinance?

President Scapicchio: Yes, that is correct.

Mr. Bonte: I have a question on the franchise fees. That is basically a direct tax upon every resident in this town of two percent of the cost of the gross revenues that the company collects in Mount Olive Township. So, basically every resident in this town that has cable pays two percent tax to the Township. It's not really a fee that cable vision incurs. Is that correct?

President Scapicchio: Yes.

Mr. Bonte: Why do we do that to our residents?

President Scapicchio: I was wondering the same thing.

Mr. Bonte: And why do we not uniformly, if we are going to do this tax, apply it also to every person in this town who receives that same services via dish network or the other satellite services? Are we not treating one class of citizens in town differently than the other? And taxing them because they chose to receive their television signals through a cable as opposed to a some other media that is also making money. I think we should look at that. My suggestion would be that we shouldn't tax our residents two percent of what they pay for cable. It's a minimal income to the town but basically is a slap in the face to the people in this township, if you want cable, the town wants a two percent of what you pay. I'd like to see that rescinded.

President Scapicchio closed the Hearing to the Public.

Mr. Greenbaum moved for adoption and final passage of Ord. #8-2002 and Mr. Guenther seconded the motion.

Mr. Rattner: I don't know if we ever resolved the issue about extending the initial term. If we had an
agreement and this is just basically because it sold or however it is going forward. I don't think we ever got an explanation about why we are extending it. I know when we approved it for ten years, we went back and forth and we were looking at ways of cutting it. By extending it, it just means that it takes us longer to be able to do anything when we go forward. If it was for ten years 1997, that means we are only talking in another five years we could do something. This ordinance, we are talking about another ten years and I know that we had those discussions and since we didn't get a clarification, I'm not ready to approve it.

Mr. Guenther: Ditto, the same point. I seem to recall we actually decided to go back to the original expiration date. It was strictly a legal matter of them getting the change of a company name or whatever and that it shouldn't be extended to the full ten years. I think Mr. Bonte has a very good point. I think it is extremely difficult, now we are seeing the competition between dish and cable being fought out over the New York Yankees. The dish people, in fact, have an unfair advantage over the cable people because they don't have to pay this franchise fee. So I think that even from a competitive standpoint it's really not fair to charge this. I don't know what kind of money is involved, Sherry, that we collect from the two percent franchise fees from Cablevision.

Mrs. Jenkins: We are going to be getting as a revenue from them this year $57,000.

Mr. Guenther: Granted that is another item of revenue less that we would have but I think, as a matter of fairness, it could very well be that cable gets driven out of business and it all be satellite so it's going to be a moot point but I think Mr. Bonte had a very good point that we should consider eliminating the franchise fee.

President Scapicchio: Bernie, is that something you'd like to list for a workshop and discuss?

Mr. Guenther: Whatever way you want to do it. If this winds up getting defeated, I certainly would want to do that.

President Scapicchio: Well, whether it is passed or defeated, we can still discuss it.

Mr. Guenther: Can we change it after we pass this?

President Scapicchio: Bernie, what this ordinance does is, what happened was, the Board of Public Utilities, a new owner has taken over for TKR and that new owner is Cablevision and the Board of Public Utilities transferred all of the rights from one company to another and I guess this company is now taking that as an opportunity to extend this ordinance but I think the ordinance that is in place controls what happens with this new owner. Am I right, John?

Mr. Dorsey: Yes, and the other reason they asked for it, I don't know if it justifies it. The other reason they asked for it is that they are giving you what, a channel in here? That's the big offer? I'm not saying it means anything.

President Scapicchio: Any other discussion? Mr. Greenbaum and Mr. Perkins.

Mr. Greenbaum: I wasn't going to vote for this in the first instance but this gives me an opportunity to say something that has been bothering me. This may seem kind of petty but I've got the floor. I'm a big time Yankees fan and I enjoy watching Yankee baseball. It is one of the few pieces that I get and it bothers me to no end that Cablevision is not providing the service. It is not even allowing its subscribers to pay for the service. I think it is a real, real hardship as cable television can be. Obviously there are more important things to worry about. I would not grant an extension to Cablevision regardless of the circumstances at this point and I would hope that other towns do the same because there seems to be a prevailing sentiment that Cablevision is not doing the right thing for their subscribers. I know there are probably a couple other people in the audience who would agree with me.

Mr. Perkins: Thank you. Just a problem on Section 9, where we talk about the cable company looking at unfair advantage or unfair competition. I strongly have a problem supporting that, anything that restricts competition. This is a new owner, he is coming in, he is taking over an existing franchise. They are asking for modification and they are looking for us back any stoppage from them to have any lawful competition. So I cannot support this.

ROLL CALL: Defeated Unanimously

President Scapicchio: Declared the Ordinance has been defeated.

President Scapicchio opened the Hearing to the Public on:

Ord. #9-2002 An Ordinance of the Township of Mount Olive Prohibiting Parking at Certain Times on SchoolHouse Lane, Corey Road, Patlyn Road and Jocynda Road.

Paul Silf (Flanders): I understand what these people on School House Lane are undergoing with the influx of high school students parking on their land, in front of their house. I feel that if you do pass this, it is going to be a great injustice to our young people of the Township because A, they have no place to park. The School Board is threatening that they have nowhere to park the cars. Therefore, they have to take the bus and transportation that the Township provides. It has always been a right of passage for a 17 year old to get his license to drive to school. Many students also drive to school because they cannot take the bus to school because of work obligations, after school obligations. What want the Council wants is to not adopt this right now, not pass it until you can speak to the School Board about enlarging the parking lot or allowing the Juniors to park at the end on School property. I understand that these people do have a problem. They do not enjoy having all of these 17 and 18 year olds parking in front of their houses. It does create a nuisance to them but these children have no place else to go. If you eliminate the parking space, with I would say is approximately about a mile of free parking that there is now, what are we going to do with our young people? The young people are the future of our Township. That's all I have to say is that we should pass something that the students should not park I the street but let's look at alternate parking situations first before you pass it. Thank you.

Richard Bonte (Budd Lake): I don't know all of the details of what goes on on that street. I see this in other towns. I see this in other towns. I seem the same type of approaches being taken. Here's a few comments. First of all, I'd like to know if you have certification from the School Board that if all of these youthful drivers can't drive their cars to school, the school system has adequate capacity to handle it when they all shop up at the bus stop. I'm not so sure that the Transportation Department has that capacity should an extensive number of additional students now show up at the bus stop. Secondly, not to get into the debate of what's going on. I appreciate the residents discomfort but the public streets were built and paid for and are cared for and plowed and maintained by all of us as taxpayers. Historically, public streets are available for anybody to park on. The only time you restrict parking on public streets is when there is a bonafide safety issue not because doesn't want somebody to park in front of their house. We need to keep that in mind also. All these streets in this town are all ours. We can all use them and can park at any time we want whether or not a specific homeowner wants your car parked in front of their house or not. They belong to us. Thank you.

Jeff Drost (School House Lane): I appreciate and I agree with the opinions brought forth here. I do have some comments to make. We are all taxpayers, obviously we all pay for the streets, plus we are all paying for the busing to bus these kids back and forth. I'm a little upset right now. I'm sorry. I'm losing my cool. Maybe someone else should speak.

Niall McStay (School House Lane): I'd like to make some comments to some of the issues that were presented here. I think that all of the kids who park on that street should take the bus and I would be surprised if there wasn't busing available for all of those students. I think the other issue that was brought up was about whether there is a safety problem. I think the police department did provide a significant amount of evidence that there was a safety issue if we had cars parked on School House Lane on both sides. I think the officer said that, in his report, that there wouldn't be enough, I think some of the Council members even commented that there wouldn't be enough space for a fire truck or other emergency vehicle to get down School House Lane. I think the other problem is that while streets are available for people to park on, the police department sees an issue in not being able to patrol and protect personal property because the students who park along the street, none of them park their cars and then walk on School House Lane up to Cory and then down Cory Road on the sidewalks that the town paid for and into the entrance of the High School. All of them go through private property and we complained to the school about that and they said that is a private property issue. That is something for the Town Police to take care so they don't want to erect a fence or they don't want to police the school grounds themselves. They said it is a local police issue. I don't think Mount Olive wants to have a police officer staked out there every morning issuing summons for trespassing. None of the students want apparently want to walk the…I think one of the person's testified, a mile or so, to school, to walk up around the streets. Those are some of the comments I'd like to make.

Thomas Hriczak (Timberline Dr., Budd Lake): The reason I am here is to argue against the ordinance. I realize the nuisance problem and I wasn't here at the other meetings. I wonder if the police are unable to police the area or monitor what is going on there. The street is a modern street that has 30 feet of pavement in a 50 foot right-of-way. A large pickup truck takes up approximately 8 feet of space that is parked one foot from the curb. That leaves 14 feet in the middle. If there is a vehicle parked on both sides according to Bob Hill who was fire chief last year, the fire department needs at least 11 to 12 feet to maneuver a fire truck down that road. So, I don't see where it is a safety issue. I think it is basically a nuisance issue. If you are going to vote for it, it's because the police are incapable of monitoring the situation. So it should be voted for on those merits, nuisance, not a safety issue. My daughter drives because she goes to VoTech. To take the bus home from VoTech, it leaves at 2:30. From VoTech it goes to Randolph High School and drops off students there. Then it goes to West Morris. Then it returns to Mount Olive and it gets in around 3:30 give or take a few minutes. Then she has to wait for a late bus if she is not driving to pick her up at the High School and then go to the Middle School and then take her to her bus stop. So she gets home, using that mean of transportation, between 4:15 and 4:30, which is quite a lot of extra time riding around on a bus after you've been up since 6:00 in the morning to get to school and then have to spend two extra hours on the bus in the afternoon. She's a Junior, she's not allowed to park on school property. So if you pass this ordinance, it means she is going to have to walk a half mile to a mile because she wants to still drive and be able to get home a little after 3 instead of 4:30. You might want to consider, instead of passing this ordinance, maybe you might was to confer with the school officials and see if something can be worked out. Thank you.

Jeff Drost (Flanders): I'd like to make two comments on the safety issue. The officers had clocked cars
leaving our street anywhere from 39 to 52 mph. They issued nine summonses one day. The second issue is, on October 4th I was crossing the street in front of my house and I turned around and was nearly run down by two cars racing side by side down the street at a very high rate of speed. These are the issues we are trying to prevent. We've been to the School Board, we've asked them for help. They are hands off. They don't want anything to do with it. They said it is not occurring on their property. My personal belief is that the owner of the property, and I only know that the School Board or the Town needs to be responsible for the activity that happens on their property and control the crowd or the people on and off their property. To me, they are ultimately responsible for the people coming and going. It's not just cars arriving at school. There's kids leaving school or being delivered by buses or walking from the school out to our street, taking smoking breaks, leaving garbage all over the place. It's just a mess. You can see the drag skid marks up and down the street. It's a zoo. Something needs to be done about. Whether this is the answer or not, I do not know but this was the Mount Olive Police Department's best recommendation after reviewing the situation.

President Scapicchio: I have a question and I'm not sure anybody has the answer to this. Is the reason that the School Board does not allow Juniors to drive to school because they don't want them to and that it is only a Senior privilege?

Mr. Hriczak: It is my understanding that last year Juniors could drive but because of the enrollment there is not enough room for the Juniors to also drive so they let the Juniors know this year that they would not be allow to. So we contaced Mrs. Persico and she informed us that they would be allowed to park on School House Lane. We contacted the police department before we let our daughter do this and they said it was okay with them. That's how it started.

President Scapicchio: Thank you. Anyone else from the public?

Ted Deats, School House Lane: Twice I have had a young lady park in front of my mailbox to the point where the mail carrier came up and knocked on the door and said we had to do something about it. He can't keep getting out of the vehicle all the time. About two months ago I had another young lady park in my driveway, literally, a foot an a half parking on School House Lane with her car sticking a foot and a half in my driveway. I had to leave. I had to go out and make a delivery. I had to call the police. When the Police Officer showed up, he went over to the school, they summoned the girl, she eventually came out and moved the car across the street and parked again, in front of a driveway. The officer had to get out of his car and instruct her to park correctly. She finally did park and she parked at least 18 inches off the curb. It is a real problem. There are at least 35 cars parked in the road.

President Scapicchio: Thank you. Anyone else from the public?

Jim Philpott, School House Lane: I'd like to tell you that I did talk to two students who were getting out of their car, they lit up cigarettes. I told them that they should not smoke walking through the forest. They looked at me, turned right around and walked right through there smoking cigarettes. They lit the matches right in the trees, right near the school on our property and threw the matches on the ground, this is before they are 18. Those trees are going to go up in flames. The houses are going to go down and the school is going to burn. The kids don't care. I told three kids, do not walk across the driveway, the looked at me and sneered and walked away. We fear these kids. They won't listen to us. They walk right by us and keep going. I have pictures of cars that are parked right next to the driveway where you cannot turn out unless you bump the cars and dent them. There are a lot of cigarette butts, there is a lot of trash. They have fights down at the cul-de-sac because there is nobody there to stop them. We could go on and on and on. I contacted the principal at the school and she said she was sorry, that's not their job. It's not our property. You can see the kid walking from the school property to our property at 10:15 in the morning, at 7:20 in the morning, when they should be in school, they come across the property and smoke and drop cigarette butts and lit matches and we are very fortunate that we had the rain we did. If not, our school would be burning. Something has to be done and I realize what you are saying here is
it is inconvenient for the chick to park some place else. It's up to the school to provide additional parking. I challenge anyone, any day, to go to the school at 10 o'clock, 8 o'clock, whatever, you'll find empty spaces and yet you'll find at least 30 to 40 cars parked on School House Lane.

President Scapicchio: Sir, have you went into the school parking lot and found those vacant parking spaces?

Mr. Philpott: I leave around 7 in the morning. I stayed home a few days to see what was going on. I called the principal last week to tell her what was going on. She indicated there was nothing she could do. She can't see it from here. I said, you have security, send one person down at 7:00 in the morning and see what happens and she said we might try to but we don't have the teachers coming in on time. I said, it is not the teacher's responsibility. It's the school's responsibility. There is a major safety problem and I don't want to see houses burning down before you finally decide you have to do something about. Her response, too, was call the police. I don't think the police should go ahead and arrest the kids. I think we should have some kind of control. You should tell your kids, you respect the people who live there, you don't touch their property, don't walk through their property. If you don't have control of your kid, that's a whole different issue. Please address the issue.

Richard Bonte, Budd Lake: It appears that there are a lot of ordinances that we already have that are being violated and are not being enforced. I would suspect that the police are aware of this and it appears also that the school administration is looking the other way because it is "not on their property." Has the administration and the police department gone to the school and have they considered having the police department and the Mayor in an assembly at the school advise the Juniors and Seniors of this problem, the hardship it is causing on the residents and what type of steps the Township can take under the current laws that we have to clamp down on this if the students don't realize what they are doing and start behaving like young adults. Has that approach been tried yet? Does anybody know?

President Scapicchio: Rich, all I can tell you is this came to this Board on a recommendation from the police department who supposedly investigated this for some time and this was the recommendation that they made to us and as it was explained, it was the safety concern and that they needed this ordinance adopted to give them the tools to control what happens on the street between certain hours.

Mr. Bonte: I would specifically challenge the safety issue because I presume when this street was built, the Planning Board required the street to be of a specific width and that the developer had proposed a street with a width less then that, it would have been a requirement at that time for parking restrictions. But, I would assume that the Planning Board allowed the street to be built that would allow for parking on both sides and still allow vehicles to pass through the street safely. I don't believe it is a safety issue. I believe that there is a problem. There's no doubt in my mind. I heard one gentleman say that the police had clocked vehicles driving up that street at 39 and 52 mph. Were summonses issued? Maybe there either needs to be A) more police enforcement of the existing rules and regulations that we have, not new rules. It is against the law for people to trespass on other people's property. The police can certainly ascertain if that is happening. They can certainly ascertain that people are not burning out in the streets, driving in excess of the speed limit, parking in front of driveways, parking too far from the curb. These are all motor vehicle violations. Has the Mayor or the police department been to the school? Has there been any interaction from the Township with the students to explain from the Township's point of view, basically representing these residents, what the problems are and has there been some negotiation with the school to see if they could relax their policy of not allowing the Juniors to park.

President Scapicchio: I'm not aware of anything. Mayor?

Mr. Bonte: The school board is made up of elected officials also who have to be accountable to the public and do what the public desires. If the majority of the parents in this town want the Juniors to go to school, it's not the School Board's place to say that the Juniors can't drive to school. They have licenses in the State of New Jersey, how can they be denied the right to take their school, legally to a "public parking lot." I think there needs to be some interaction here between the school and the Township to see what can be done to alleviate the problems without passing rules and just arbitrarily denying parking on the street. Thank you.

Ted Anders, School House Lane: Clearly, safety is an issue. I can't think of the name of the street that is across from the high school that already has no parking on their street from 7 am to 3 pm. Something's been found prior to this. There's been issues. We want to talk about a nuisance. Is it a nuisance to us that we are taxpayers, that I've seen a street cleaning crew come down my street once in two and a half years. That street cleaning crew doesn't get out of their truck to clean my front yard. Is it a nuisance for someone to sit on a bus for two additional hours as opposed to having the privilege of having a driver's license so they can drive and create any kind of mass destruction, act any way they want as soon as they get away from home. Our point is, it is a nuisance, the littering. I have a 16 month old daughter, you know what, that street is wide enough to park on both sides and drive a car but there are a lot of little kids out there that ride bikes and all you need is one time for some kid to be on a bike and come around a parked car and some kid speeding up that road, take them right out. It takes one time. It's wrong to sit here and say that this is a ridiculous argument. If you want to extend to find another solution, they I would propose to the board to take those no parking signs down on the street across
from the high school and let's all bear the same burden and not just keep it on School House Lane.

President Scapicchio: Thank you. Anyone else from the public?

Mr. McStay: As a final comment, I think what we don't want to try to do tonight is solve all of the problems of the youth in Mount Olive or the problems of Mount Olive High School in microcosm on School House Lane. The student behavior and smoking and speeding and attitude and all of those things, we are not going to cure but here we have a situation in that the parking ordinance that exists on Jocynda and Patlyn seems to have solved the problem and it wasn't until School House Lane was put in that all of a sudden the problem was created. If we just have an ordinance which makes School House Lane equivalent to the parking situation on Jocynda and Patlyn, we'll see all of those other issues go away. You'll see children ride the bus to school. You'll see smoking dealt with within school. You'll see the parking issue for Juniors be taken care of within the school. You'll see the attitude of the students all taken care of within the school rather than sending it outside of the school bounds for the Mount Olive Police Department or the Town Council to have to deal with.

President Scapicchio: Thank you. Anyone else from the public?

Mr. Hriczak: I agree with the residents of School House Lane because it definitely is a problem that should be addressed. I would think that, to be responsible, the Mayor or the Town Council should contact the school board or Mrs. Persico at the High School. The school board really doesn't want to give you any answers. Independently of the school, a bus driver who's been driving in town here says that there is a lot of additional parking behind the school but the school doesn't allow people to park
Mr. Hriczak (cont'd): there because they can't monitor what is happening back there. So it's okay to park on a public street where they can't see what is going on. Maybe if you contact them you can find out if there is additional parking available there as one gentleman alluded to and maybe some of the teachers who park in the front might be allowed to park in the back. They don't have to be monitored and they can free up space in front of the school. I think that before the ordinance is voted on, some contact should be made, some effort should be addressed in school to see if this can be handled by them. If you go back to the ordinance being passed as far as Patlyn and Jocynda, I think that was passed because of similar circumstances, if I'm not mistaken. I think at one time there was parking there before the ordinance was passed. Obviously it's being amended by Section 6 of the ordinance being changed from 12 midnight to 5 o'clock, some one must have looked it up.

President Scapicchio: We are making them consistent.

President Scapicchio: Thank you. Anyone else from the public?

Mr. Philpott: I just want to make a point. Ninety percent of the kids are good kids. They just want to go to school, they just got their license. Overall, they are very good kids. There's a few that cause some of the problems for the others. We have to recognize that the school is growing. It's getting bigger. There are more students going there, another 200 or 300 if I quoted the paper right, for next year. More and more kids are getting their licenses. The School Board, I'm sure is going to try to address these issues. It could be a long term issue but in the mean time for the next year or the next two years or three years, it is only going to be more and more students getting their license and it will always be a public street. You have to avoid this problem. There is going to be more and more kids coming in and jamming up the streets when they get their license. The School Board needs to do what they have to to expand the high school parking lot and so forth and so on. We can't have the police coming every day to check on the kids. That's not fair. You can't keep checking on the school every day in the morning, in the afternoon, at 10:15, having the police patrol this one street because a few kids do what they should not be doing. It's going to keep going on. The problem get resolved by addressing the issue. It's going to continue. The 16 year olds are going to become 17 and get their license. The problem will continue unless we get those signs up. Thank you.

Dave Jones, Budd Lake: If it's a question of safety or convenience, I hope the Council goes for safety and I would like to hear from Charlene because she's a bus driver and I did hear Mr. Greenbaum say how he drove down the street a couple of weeks ago and he couldn't make it down the street. There are new drivers and they probably don't even know how to parallel park properly. With all due respect, how does a fire engine make it down the street. I just hope the Council goes for safety.

President Scapicchio: Anyone else from the public? Seeing none, we'll close the public hearing on this
ordinance.

Mr. Perkins moved for adoption and final passage of Ord. #9-2002 and Mrs. Miller seconded the
motion.

Mr. Rattner: I heard a lot of issues and a lot of them were tangent to the problem of the parking and the
nuisance. I want to go with the nuisance. We have a lot of laws. As a property owner and a homeowner you have certain rights to enjoy your property. We have, under Nuisance, and we call it that, a Noise ordinance where you can't use the lawnmower at certain times or play your radio too loud so that your neighbor can hear it. We have ordinances that say that you can't have an unregistered vehicle uncovered in your driveway on your own property because of it being a nuisance or an eyesore to the neighbors and it effects the property. We have a lot of different reasons. We have zoning. When we get somebody who says that they want to put a doctor's office in my house, and what they have to go through with the Planning Board or the Board of Adjustment. You can do it but no on street parking. If it's a residential zone, it's not supposed to have parking every day lined up where it becomes hard to get in because of the garbage, because of everything that it brings with it. We have to look at that. A lot of the other Council members and the Mayor, we have to go up there for different functions. Very rarely do I ever find it that the parking lots are filled, some for football games, some for band competitions or other activities but if I go in the middle of the day, sometimes if I can't park where the teachers park, I park in that upper parking lot. I'm not there every day, it is infrequent but it has never been a problem. Then it comes down to why does the School Board do this and from different conversations, my daughter just graduated from Mount Olive in the last couple of years. Actually she got her license as a Junior and she wanted to drive to school. It's not something that I was real keen about and the school has a policy about the need. They are worried about control, about having too many inexperienced drivers. That is really where I think everybody's that wants to have it or has a child who they feel should be able to drive to school, and I can understand if you are going to another school as part of the curriculum, and I have to admit, spending a long time on the bus, I wouldn't want my daughter doing it either, and I'd be down there fighting and arguing saying, here's a school and you are giving her an opportunity, there has to be a way to get there. By transferring the problem to a public street, then I think you have to go back to the School Board. They have property. They have rules. It may be more than just, we don't anybody of this age coming. They are looking at it from control. They have liability problems. They have conduct problems. That is what they are trying to address. They probably figure, if it's not on their property, well then, that's fine with me. I don't care what residential street, I don't care what area of town, whether it be a residential development, whether it be something commercial, something of a mixed use, the residents will be here, everyone there will be directly affected. What about traffic, that's number 1. If it's a business, how are you going to control the litter and what controls are you going to put in and a lot of businesses are turned down for that and what are you going to do for parking. You have to have on-site parking.

Mr. Rattner: I don't think the Planning Board or the Board of Adjustment would allow any type of business or organization or facility to be built that wouldn't have enough on-site parking. I think what is being requested by the residents are reasonable. I think it is a serious problem and I think it is consistent with the way we handle parking whether it be a school, whether it be a doctor's office or whether it be a Burger King. There is always the issue, if you have a facility, you have enough parking for it. Just because it is a government or another government. We are really two separate governments. We can talk to them but they don't have to listen to us and that does happen a lot but it is still another organization that the public votes on independently from us and they should be responsive, especially to the needs of the students. If it isn't, you are saying you are coming to us because you are not getting what you need from them and that is probably really misguided. We have a very narrow are in which to work in and I just want to be consistent and I am concerned and I understand. You spend money, you invest time, money and your life for your house. There are certain things you should have and it has to be reasonable. You wouldn't want to ban it but these people on the street have been told that there are no exceptions. If they park there or have something going on, they are going to get ticketed. Because that question did come up. It's an inconvenience for them. I wouldn't like it. We've had in the winter, no parking on one side of the street, with snow, we always have arguments, you mean you tell me that I can't park in front of my house but when it becomes an issue, that is what we have to do. This doesn't only effect the students who are going to school but it effects every resident on the street and it is going to be a hardship for them but they feel it's worth it. I have no qualms about supporting this ordinance.

Mr. Greenbaum: For me, it's strictly a safety issue. When this ordinance was first raised, I took a ride to School House Lane just to see how bad the problem actually was. Dave, you misquoted me. I was able to get through the street okay. I was able to get down to the bottom of the cul-de-sac but there was very little room on either side of my car which led me to the conclusion that a fire truck would not be able to get down the road. I didn't see anything irregular about the parking other than that there were cars parked on both sides of the street. I don't think that limiting parking is going to control some of the other nuisance problems because of the location of the property adjacent to the school and the easy access on and off school property. You are still going to be having students who are going to be leaving school property to those properties on School House Lane. It will just limit the amount of students who will be doing that because you won't have the students traveling back and forth to the car. To me it is strictly a safety issue and it is not even a close question.

Mr. Perkins: I have a couple of comments I just wanted to make in listening to the audience out here. When I look at the responsibility of what the school should be providing for the students, I come from an area in Roselle, Union County, and I had a car and we used to have parking right across from the school right up till I was a Junior. Then I got my license and they moved parking four blocks further back and a few months later they moved it four more blocks further and all of us walked and a lot of us smoked in those days and we had total disregard for every single neighbor along there. I don't think we were any different that any other teenager any place. I share your concerns. I really do. I know how much a nuisance it can really be to have them out there. I have a child of my own, I do know with people that speed around. I understand the need for something to be done. I 'm not sure that the appropriate place is for the Council to pass another ordinance prohibiting something that will then put the burden of enforcement back on the Township for something that was created by the School Board. You vote for a budget for the School Board. Hopefully, everybody goes out and votes and hopefully you show up at some of the meetings and voice these opinions to the School Board about their lack of
providing adequate facilities for the needs of the growing student population. They are very quick to come and tell you how much more money they need because of the growing student population, however, they don't want to address the direct effect that has on the local citizens. If I were to sit here and tell you that I'll vote yes for this ordinance so that it will move those students four more blocks in the opposite direction, I'm going to tell you that those residents are going to be up here in a week or two after that. A, they are not going to be happy that I moved it there and B, they are going to want me to move it another four blocks away because that is what happens. From an environmental standpoint, I look at the new school buildings, I have to look at the amount of impervious coverage if we are going to put in more parking areas that are going to be at a school, that is less open land that can support any of aquatics and the recharging of that ever-depleting aquifer that we have. I do agree that something should be done. I'm just not overly convinced that passing this is the appropriate way to go. I'd like to say that I would, but unfortunately, I'm not going to be able to vote for it.

Mrs. Miller: I can answer Mr. Bonte's question about the capacity on the school buses. Every student in Mount Olive that has busing privileges is scheduled or named on a bus. We have to provide a seating chart with their name on it whether the ride the bus or not. That includes Seniors and Juniors who most likely are not on our bus because about two years ago the School Board decided that they had to have the buses coming in earlier so that the students could get breakfast before their class because they weren't getting breakfast at home. We have been taking High School students in ten minutes earlier for the last two years and in those two years we lost a lot of our students that were riding our buses. They don't want to go in early. They want to drive and go in later. School still starts, I believe, at 7:20 and now the buses have to be there at 7:00 instead of 7:15 and because of that, we lost a lot of our students. The ones that don't drive get rides from the friends that do. We are driving with probably less than half empty buses. However, we have to have names for those kids on our seating charts because the first time there is a delayed opening or there is an early dismissal, all of a sudden we've got full buses and that is why the buses have to be assigned to those students so there is space on our buses for those students to ride. Busing is a privilege. A lot of them don't use it. We even have primary students that I never see because their parents drive them to preschool child care. When they go to work, they drop the kids off at school early. Those kids are given breakfasts and then they go on to school. So there are some kids we never see but we have to have assigned seats for all of them. Several years ago when School House Estates came before the Planning Board, the developer wanted to put in a paved walkway from School House Lane to the High School and I was one of the people who got up in the audience and said, "that's not a good idea. It's going to present a lot of problems." Because I had a brother who had a paved parkway between his house and apartments behind their development and he had all sorts of problems with kids throwing garbage in their yard and fights and the same problems that you people are having. I was very happy when the Planning Board did not approve that development with a paved parkway between the houses. I think is a step in the right direction. I'm going to vote for it because it's not fair that there is no parking on the other streets and this street doesn't have a parking ordinance. The only questions I have about the ordinance, is, how much is a parking ticket in Mount Olive? Does anybody know? That's not really addressed in here. I assume we have a parking ordinance that has the fees or the violations or whatever penalties there are. I don't know how much a parking violation is in Mount Olive but we'll see how effective it is.

Mr. Guenther: Have we ever considered, when we were considering this, that we could restrict parking to one side of the road? Has that ever come up in our discussions or in the proposal from the Police Department? Because that is another alternative. We have a difference of opinion here between nuisance and safety issues and if it is a safety issue, restricting it to one side of the road would certainly alleviate that problem. Number two, I think by passing this ordinance without a corresponding next step, in other words, what are these students going to do when we pass this ordinance? Where are they going to go? I think, I guess it's not our purview to do this with the Board of Education, but at least some language to be put in here that some kind of committee should be formed, we've formed other committees, to talk to the school board to coordinate action. There's got to be a next step as to what do you do with these cars that come. In other words, do you restrict Junior driving more? What can the school board do about adding to their parking on their school grounds, which I'm sure I know what they'll come back with. What about putting up fencing to prevent the kids from cutting across the property. I think there's got to be a step beyond this ordinance to coordinate some other type of action with the school. The school cannot get off so easily here. Again, I don't know, I'll defer to Mr. Dorsey as our Attorney, as to what we can do, I want to say coerce, but sort of twist the arm of the school board to try to get together to find a common solution to where do we go from here after we pass this ordinance. What can we do legally?

Mr. Dorsey: I think the first thing you have to do is meet and express your feelings.

Mr. Guenther: That would be my suggestion. That is what I would like to add to this to get my vote because I think just to pass an ordinance to say, first of all you are extending the hours, it's not the noon time over on Patlyn and Jocynda, it's being extended to 5 o'clock. Where are these kids going to go? Who's got a solution to this? Nobody has addressed that, at all.

President Scapicchio: I will ditto everything that Mr. Rattner said and Lisa, call the vote please?

ROLL CALL: Passed Unanimously with the exception Mr. Perkins and Mr. Guenther voted No.

President Scapicchio opened the Hearing to the Public on:

Ord.#10-2002 Bond Ordinance Providing a Supplemental Appropriations of $756,189 for Additional Park Improvements to Turkey Brook Park in and by the Township of Mount Olive, in the County of Morris.

Mr. Greenbaum: Dave, before you get to that, do you have to announce?

President Scapicchio: I'm going to do them as a group. I'm trying to save my voice.

Mr. Jones: I just want to make sure that I understand that it is finalized that we are going to get the $200,000 from the Soccer Club.

President Scapicchio: We are. Thank you.

President Scapicchio closed the Hearing to the Public.

Mrs. Miller moved for adoption and final passage of Ord. #10-2002 and Mr. Perkins seconded the motion.

ROLL CALL: Passed Unanimously

President Scapicchio declared Ord. #7-2002, 9-2002, 10-2002 are Passed on Second Reading and I hereby direct 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

President Scapicchio: The next item on the Agenda for first reading is:

Ord.#15-2002 An Ordinance Authorizing the Conveyance to Three Adjoining Property Owners of a Portion of the Old Right-of-Way of Smithtown Road. (Planning Board Subdivision requirement)

Mr. Greenbaum moved that Ord. #15-2002 be introduced by title and passed on first reading and that a
meeting be held on April 30, 2002, at 7:30 p.m. 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 law. Mr. Perkins seconded the motion.

ROLL CALL: Passed Unanimously

President Scapicchio: The next item on the Agenda for first reading is:

Ord.#16-2002 An Ordinance of the Township of Mt. Olive Authorizing an Agreement Between the Township and the Mount Olive Soccer Club, Inc. (Memorandum of Understanding)

Mr. Guenther moved that Ord. #16-2002 be introduced by title and passed on first reading and that a
meeting be held on April 30, 2002, at 7:30 p.m. 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 law. Mr. Perkins seconded the motion.

ROLL CALL: Passed Unanimously

President Scapicchio: The next item on the Agenda for first reading is:

Ord.#17-2002 An Ordinance of the Township of Mount Olive Reducing the Speed Limit from 40 MPH to 35 MPH on Flanders-Bartley Road.

Mr. Rattner moved that Ord. #17-2002 be introduced by title and passed on first reading and that a
meeting be held on April 30, 2002, at 7:30 p.m. 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 law. Mr. Guenther seconded the motion.

ROLL CALL: Passed Unanimously

President Scapicchio: The next item on the Agenda for first reading is:

Ord.#18-2002 An Ordinance of the Township of Mt. Olive to Amend and Supplement Section 400-85 of the Mt. Olive Code. (COAH Building Permit Fees)

Mr. Greenbaum moved that Ord. #18-2002 be introduced by title and passed on first reading and that a
meeting be held on April 30, 2002, at 7:30 p.m. 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 law.

Mr. Perkins seconded the motion.

ROLL CALL: Passed Unanimously

President Scapicchio: The next item on the Agenda for first reading is:

Ord.#19-2002 An Ordinance of the Township of Mount Olive Establishing an Accumulated Absence Benefit Fund for Township of Mount Olive.

Mr. Perkins moved that Ord. #19-2002 be introduced by title and passed on first reading and that a
meeting be held on April 30, 2002, at 7:30 p.m. 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 law.

Mrs. Miller 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.

Mr. Guenther requested that Resolution No. 2 be moved to Non-Consent.

President Scapicchio: Is this just a brief clarification, Bernie, or do you really want to discuss it?

Mr. Guenther: I want clarification. Why is this being transferred when the restaurant is closed? There is nothing going on there at this time.

Mrs. Lashway: The owner purchased the license and this property over a year ago without having the liquor licensed transferred to him. It was held up because the Division of Taxation had not issued a Bulk Sale Permit (Tax Clearance Certificate) which is required for a transfer. That has now been issued and the owner, who now owns the license, is having it transferred to him. He physically has a deed and has paid for the license. It's a matter of the Council making the transfer.

CONSENT RESOLUTIONS

1. Resolution of the Township Council of the Township of Mount Olive Urging the State Legislature to Oppose 1044/A-1926, Which would Legalize the Use of Project Labor Agreements in New Jersey.

2. Resolution of the Township Council of the Township of Mount Olive Authorizing a Person-to-Person Transfer of Alcoholic Beverage License No. 1427-33-005-006 from MMJ, Inc., Trading as Natoli's Bistro and Bar to Barrone/Tozzo Restaurant, LLC.

3. Resolution Authorizing a Temporary Capital Budget for Turkey Brook Park Improvements.

4. A Resolution Cancelling Taxes on Property at 8 Algonquin Trail, Block 1602, Lot 6, Donated to Mount Olive Township by Edward J. DeRocco.

5. Resolution of the Township Council of the Township of Mount Olive Amending the Temporary Budget for 2002 Current, Water, Sewer and Sanitation Budgets.

6. Resolution of the Township Council of the Township of Mount Olive Awarding a Contract for Snowplowing Services for Woodfield Development.

Mrs. Miller moved to APPROVE THE CONSENT RESOLUTIONS AGENDA and Mr. Rattner seconded the motion.

PUBLIC PORTION ON CONSENT RESOLUTIONS - None

ROLL CALL: Passed Unanimously

RESOLUTIONS NON CONSENT - None

MOTIONS

1. Bill List.

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

ROLL CALL: Passed Unanimously

2. Raffle Application #1028 & #1029 for the Morris County Foster Parents Association; Raffle Application #1030 for Special Olympics New Jersey, Inc.; and Raffle Applications #1031 and #1032 for St. Elizabeth Ann Seton Parish.

Mr. Guenther moved for approval of Raffle Applications and Mr. Perkins seconded the motion.

ROLL CALL: Passed Unanimously

3. Appointment of Fred Detoro as Fire Marshal upon the Recommendation of the Mayor with the Advice & Consent of Council.

Mr. Rattner moved for approval of the Appointment and Mr. Guenther seconded the motion.

ROLL CALL: Passed Unanimously

COUNCIL REPORTS

Library Board Liaison Report - Mrs. Miller - absent no report

Recreation Report - Mr. Guenther - no report

Board of Health Report - Mr. Perkins - absent no report

Planning Board Report - R. Greenbaum

Mr. Greenbaum: The Planning Board dealt with the application of Shoprite where the old Weis Market was. We continued on with two or three new witnesses including the planner who discussed the need for the various variances including the need for the applicant's desire to have a 60 foot sign. We concluded the hearing before the planner. It was subject to any public comment and questioning and Shoprite is coming back on April 4th to continue that application.

Open Space Committee Report - C. Miller

Mrs. Miller: I don't think we had a meeting last month. I missed it any way, however, for the Environmental Commission, I would like to point out that our Environmental Commission and, I believe, the Open Space Committee, are sponsoring, along with ANJEC, a workshop here at Mount Olive over at the Senior Citizen's Center on April 13th and it is local strategies to preserve land and water in the b Highlands Area. They highly recommend that some of our Council attend this meeting because this is about some of the water issues that we are facing now.

President Scapicchio: I've already RSVP'd.

Mrs. Miller: I know I'm going, so that is two of us. Is anyone else going? April 13th from 9 am till noon or 1 o'clock and they will have refreshments.

Mr. Guenther: I'll go.

Legislative Committee Report - B. Guenther - no reports

Master Plan Report - D. Scapicchio

President Scapicchio: Rob, I believe the Master Plan Report has been sent up to the Planning Board?

Mr. Greenbaum: I don't recall seeing it.

President Scapicchio: I thought that was the next step, that the Committee had approved the draft.

Mr. Greenbaum: It certainly wasn't discussed. I don't remember seeing it in my package of documents.

Pride Committee Report - B. Guenther/R. Perkins

Mr. Perkins: I just wanted to make some clarifications. I see Ms. DiMonda has left. Just for the Council's clarification, this was the listing that we had jointly put together prior to our budget hearings so the amount that is looking for the holiday decorations in slightly excess of $10,000 was originally on the line item under Administration for the holiday decorations and the total is last year's total on the front page which is what the Council has now tentatively agreed to after the cuts. I just wanted to make that clarification.

PUBLIC PORTION

Richard Bonte, Budd Lake: I just have a couple of comments on the signage or lack thereof for the ITC South. First of all, when you are driving north on Route 206, you approach the ITC, they put up a sign that says US 46 with a left arrow. I think you need to add, I realize it's not the Town's responsibility, but maybe you could convey this to the State, there should be underneath that "west" because nobody in their right mind would want to go all the way to the ITC to get on Route 46 East. The other is more of a safety issue and that is when coming on Route 46 West after you have either gotten off Route 80 or from Netcong, there are a couple of very small signs that say International Trade Center North with an arrow to the right, International Trade Center South with an arrow to the left, nothing that tells anybody that the Shopping Mall is there. The signs are fairly obscured with all the clutter that's in that section there and I have seen now on six occasions, people who miss the left entrance and can't get in because the State, in their infinite wisdom, put a concrete curb there and a lot of people think that is a median divider so they sit in the left hand westbound lane waiting for a green arrow that some times never comes because nobody is sitting in the left turn lane. I've even seen tractor trailers there. There needs to be some improvement in the signage there so that it is clearly indicated because I think a lot of people don't know the International Trade Center South means, they have no idea that it is a shopping mall. There needs to be some better signage there because there is going to be a problem there because you do see a lot of cars in the wrong lane looking to make a left turn. On a more serious nature, I don't know how many of you are aware of two bills that are going through the Senate and the Assembly currently, they are Senate 18 and Assembly 2010, they are identical pieces of legislation that would basically take the funds that currently coming from the General Treasury to pay the interest and principle on all of these Green Acres obligations which is how it was established by law and instead they are diverting those funds toward other sources and requiring that the funds that are within the Green Acres Bonds that are still remaining there be used to pay the debt service on the Green Acres Bonds which was never the intent. I think the Council should consider passing a resolution condemning this action, requesting that the legislature not approve that change. About a week ago, the County Executive for Bergen County, who I don't know, William Schubert, gave a speech at another camp that Bergen County had bought. We all need to consider some of what he said there because I hear from the School Board all the time that the issue of rising taxes from the school side of things is not their fault. More and more students are enrolling in the schools and they have no control over that. I've been at numerous Council meetings where the Council has told the public when they complain about high taxes, well the major portion of the tax increase comes from the School Board. That's not our doing, but it is the Council's doing in how the Township is zoned and the amount of development that continues to be allowed to be incurred within the Town because without increased development, we wouldn't have increased students in the school to, therefore, raise the taxes. Part of what Mr. Schubert said, "While we have battled to reduce development, we have also been protecting our area's watersheds, we are protecting our lakes and streams that feed our reservoirs and aquifers that provide potable water to millions of people in this region." He's talking about the Highlands, where we live. "The densely populated metropolitan areas dependent upon these mountains, streams and lakes in the Highlands to provide water for homes, office and industry and right now the Highlands region is threatened. It is threatened by development in and around the Highlands. It's threatened by industrial runoff. It's threatened by haphazard land use patterns. The evidence is undeniable and unless there is a Master Plan for preserving and protecting this great watershed area, we will unable to sustain life in our urban and suburban communities in New Jersey. We are now in the midst of another drought emergency very similar to the one two years ago and a few years before that and so on. It's not just lack of rain that causes drought, it is the never ending demand for more and more water caused by more and more development which eats up more and more forests. Bergen County is doing it's part to stop over development. We have raised the funds from citizens and from the State to buy land that the developers would have but we can't protect the Highlands alone and not every county is as fortunate as we are to have the resources necessary to protect and preserve watershed areas. We need federal help. We need a plan that looks at this region as a whole, not as individual communities and counties. We need a plan that treats this last great expanse of forested land as the vitally important water basket that it is. Because this area is so important to this region which encompasses on of the most vital economic areas in the nation, it is incumbent upon the United States government to work with us here locally to develop a management plan to protect our watershed and it is important that the federal government free up the financial resources so streams, lakes, and forested hillsides such as we see around us today can be protected forever. The Highlands is as important as any ecosystem in the nation and deserving of every effort to protect it's unique qualities and it's environmental significance. The time for debating the importance of the Highlands is over. The time for studying the Highlands is nearing an end. It is time for creating and implementing a plan that starts locking away acres of watershed the same way we have locked away these 750 acres here. We need to be more aggressive with our State and Federal legislators to curtail further development of this area of the State. It is vitally important to the rest of the State and to this area and I urge you to continue to push for the implementation of this Commission that will have jurisdiction over this entire area, to do everything to curtail, as best as we can further development of this area and to pass whatever resolutions you can encouraging our state and federal legislators to address this problem. Thank you.

Dave Jones, Budd Lake: I don't understand. I thought the Mt. Olive Pride Committee requested $7,500 for this year's budget originally. What happened to that?

Mr. Perkins: That was already, Council unanimously recommended to cut that. That's why the balance that you see on the front page right now.

Mr. Jones: I didn't get a copy. There weren't copies for the public.

Mr. Greenbaum: This isn't a request for new funding. It's not.

Mr. Jones: Then what is it? I just don't understand.

Mr. Perkins: These were put together as a wish list.

Mr. Greenbaum: We've already dealt with that issue at the budget hearings.

Mr. Jones: Yeah, and I thought you cut it back to the same request as last year.

Mr. Greenbaum: That is the recommendation that we are working under currently. That hasn't changed.

Mr. Jones: So the Committee was approved for $3,500 last year?

Mr. Greenbaum: No, $4,000. That document which you have in your hand was probably prepared prior to the budget hearings. Nothing has changed.

Mr. Jones: I'm confused. When I asked Mr. Scapicchio, he said that their request was for $10,389.

President Scapicchio: Well, I looked on the bottom of their sheet.

Mr. Perkins: Go back another few sheets. If you go to the bottom line, that would be for holiday decorations for this building, along Route 46 as well as Flanders. That's an entirely different item.

President Scapicchio: It was a line item that was elsewhere.

Mr. Jones: Okay, so there are two requests from the Committee.

Mr. Perkins: There was a recommendation and a request from the Pride Committee proper which was on the front page, the page with the $10,000 on it, Dave, that is the Pride Committee's recommendation back to the Administration and Council if the monies were to be appropriated for holiday decorations, how they could be disbursed.

Mr. Jones: I have a procedural question, just our of curiosity, if three Council members voted yes and three Council members voted no, what would happen?

President Scapicchio: Defeated.

Mr. Ratter: Good question.

Mr. Jones: As far as a quorum, is that like 51% or more or something like that?

President Scapicchio: A quorum would be four.

Mr. Guenther: That's why you have an odd number of members.

COUNCIL COMMENTS

Mr. Guenther: I'd like to pick up on my comments I made in regard to that resolution, the ordinance that was passed. I'd like to establish a dialogue with the School Board, the Administration, the High School Administration, whatever is appropriate, to see what practical solution can be found to the problem that they seem to have with parking. Can we do it through the Committee that you and I have already established, maybe do that as an additional agenda item that we can discuss with them.

Mrs. Miller: They've got that huge parking lot in the back that they don't allow anyone to use. I think that suggestion that the teachers' park back there would be an excellent suggestion.

Mr. Guenther: I'd like to prod them to do something. Obviously, it was very apparent tonight that they just don't seem to be…

President Scapicchio: Maybe we should have the Township Clerk send the Board of Education President a letter telling them the action we took tonight and invite them to get together to try and discuss this issue and come up with a solution, fair enough?

Mr. Guenther: Fair enough.

President Scapicchio: Lisa? Okay?

Mayor Licitra: Just that you are dealing with Department Heads of the Township, I would like to be involved in that because I think it is an administrative function as far as…

President Scapicchio: With the School Board? You can certainly take control of that if you'd like. I've no problem with that.

Mr. Guenther: Absolutely. I just wish to get someone off the dime here.

Mayor Licitra: I think what we have to do first of all is sit down with Ed, the Chief and find out what his thinking was in the first place and I agree with you as far as parking is concerned, they do have areas that they could use over there. I don't think rocks, stones and a couple of things can't satisfy but you're also going to have to deal with the fact that they have a growing population. It's either going to be that they don't want Juniors to park and bring their cars to school only under certain circumstances or there just going to have to ban the Juniors from bringing their cars to school but right now as I see it, they do have an area that they probably could fix up for not that much money and probably have the parking, at least overflow parking.

President Scapicchio: Mayor, so I'll instruct Lisa not to write this letter and the Administration….

Mayor Licitra: Let's do this, let's have Sherry get in touch with the Chief and have him give us an update as far as his conversations and why it was his recommendation and then we'll take it from there.

President Scapicchio: Thank you. We have an executive session scheduled for FOP negotiations and Personnel. The Council will take no action when we come out of executive session other than to adjourn the meeting.

Mrs. Jenkins: Yes

President Scapicchio: We will take no action when we come out of executive session except to adjourn the Public Portion of the meeting.

Motion made to go into Executive Session at 9:15 till 10:25. Following executive session the Council interviewed Cynthia Spencer, Business Administrator Candidate. Motion was made for Adjournment. All in Favor, none opposed. The Meeting was Adjourned at 10:14 pm.


_______________________
DAVID SCAPICCHIO
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 18, 2002

_____________________
LISA LASHWAY
Mt. Olive Township Clerk

lml

 

 

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