Mt. Olive Township Council Minutes
November 12, 2002

The regular meeting of the Mount Olive Township Council was called to order at 9:50 by Council President Scapicchio with the Pledge of Allegiance to the Flag.

PLEDGE OF ALLEGIANCE

MOMENT OF REFLECTION in recognition of the men and women fighting terrorism and 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 Mt. Olive Chronicle and the Daily Record. Notice has been posted at the Municipal Building, 204 Flanders-Drakestown Road Mount Olive Township, New Jersey and notices were sent to those requesting the same

ROLL CALL: Present: Mr. Guenther, Mr. Greenbaum, Mr. Perkins, Mr. Rattner,
Mr. Scapicchio, Mr. Spino, Mrs. Miller

Absent: None

Also in attendance: Cynthia Spencer, Business Administrator; John Dorsey, Township Attorney; Sherry Jenkins, CFO; Lisa Lashway, Township Clerk.

PUBLIC COMMENT PERIOD

Colleen Labow, Third Street, Budd Lake. I just want to make a comment about the whole Linwood thing earlier. I wanted to state that Sandshore school asked the parents to pick up their kids at 3:00 pm or 3:30pm. They designated a parking lot on the side of the building for the parents to pick up their children. All they have to do is park there, walk over to the school get your kids and walk over to the parking lot. When I went over to Mountain View it is the same kind of scenario. It is a circular driveway in the front, you have the parking lot over to the side and I really don't understand the residents of Linwood, Knowllwood, Jameson. Why do those families have to have this onslaught of traffic going into there area when Cloverhill is designed to accept traffic. It has got the double yellow line, it's a wider roadway. My thoughts on the whole thing is that you have the circular driveway in front of the school, the buses should go through there. All the traffic should go from Cloverhill to Cloverhill, why is it even going on Linwood at all? It doesn't even seem like anyone addressed that part of it, they should make it so you can't go on Linwood, period. The other problem I am having, at the Planning Board meeting we were having this builder who's been trying to put houses in on Second Street and a lot of the neighbors have been really concerned about their water. In the past three months, we now have my neighbor right across from me, his well went completely dry, my neighbor across the street had problems with the pump and their plumber came in and he had been in last year, he said from last year to this year their well has dropped 20 feet. Then we have another gentleman on Woodland Avenue; Second St. is on one side, First is on the other, he is actually right on Woodland, his well went dry. It cost him $8,000 to have a well put in. Now these 10 houses are not in yet, the point of the whole thing is the sewers. Our water supply is depleting because we are not replenishing our water supply and we keep talking about finding out throughout the Town overall, but I haven't heard that we have had a hydrologist come in and evaluate the Community. Are we going to do anything like that? There is a serious problem going on. When I first moved into the Town 23 years ago I was told we were going to get sewers. I think I was here 16 years before we finally got sewers. In the meantime I had to put in a new septic, all my neighbors had to put in new septics. So now are we going to do the same thing where everybody is putting money into drilling new wells and then finally get water?

Mr. Guenther: These discussions have taken place over the years and I can speak for my involvement in the MUA because this is way before I was on Council that the MUA has approached the Town on various occasions to help out. The problem is that the water is down in the valley and the need for the water is up on the Mountain. Unfortunately the Town was involved in all these capital projects that we're starting. The Sewer Project, the Municipal Building, the Senior Center etc. That it was impossible for the Town to go through those expenses. The MUA was willing to provide low cost financing and facilitate it; they are not in the position to absorb the costs because they are a non-profit organization. So that's the problem. I know there have been studies done to see if there is enough water up in this area, I don't think there is for the Budd Lake area from what I have heard people mention. So it comes down to a very basic problem, I could check with my MUA people again, I don't think unless somebody finds some other source of water somewhere in the Budd Lake area, it is going to be very difficult to see a public water system up there in the near future.

Mrs. LaBow: The other thing too is the gentleman that was here before who was putting that development off of Mt. Olive Road, when I was at the Planning Board meeting Thursday night one of the stipulations that the Planning Board asked for was when he puts in the roads, that he actually lay the pipe for water. So it seems like some of the Mrs. LaBow (cont'd): developers are being asked to lay piping for water in the Budd Lake area so it seems like we are setting up for it; people's wells are going dry, yet we just keep talking about it. Is there any kind of plan of action, do we have a serious water problem or don't we?

Mr. Spino: I don't think that you can translate the fact that the Planning Board is requiring them to put in dry lines as an indication that there is going to be water there. Bernie how long did you have dry lines in front of your house for sewer service.

Mr. Guenther: A long time, 25 years.

Mr. Spino: And some of them had repairs to be done. I think it is just precaution on the Planning Board's part in that instance. There is a possibility because there is water close to that development unlike in your area of Budd Lake, I don't think there is water as close as it is to this development, so there is a big difference.

Mr. Greenbaum: I would agree with Earl; something I have discussed with Dave not at a meeting, what I would like to do is get Council to bring in a hydrogeologist to talk to Planning Board about water issues, water testing, educate Planning Board in terms of what the tests mean and what is going on with our water systems, so I would ultimately like to get an approval from Council for that.

Mrs. LaBow: That was the other thing to, a really good point which was brought up Thursday night that somebody is saying that when houses were built their well was 50 feet down and their well went dry, but then somebody brought up a point that well if your well is 50 foot and the other ones' on your street are 50 foot and those didn't go dry; I think people are really scared because they don't understand how it works.

Mr. Greenbaum: There is a lot of misinformation out there and I think that everyone is in agreement that to educate the public and the Planning Board on water use issues would benefit everybody and to allow the public to participate and to get answers to those questions would certainly be something which would benefit the entire Town.

Mrs. LaBow: As far as finding some way to find out what the water table is, there is no way to find that out, is that correct?

Mr. Greenbaum: I think that the answer to that question is that water table differs depending up on what part of the aquifer you are looking at and depending upon the amount of rain that you have received over a short period of time but again those are questions which could be answered by the hydrogeologist. Is there a way that one could go about finding out what's happening with the water system in general in Mt. Olive. How would you go about doing that? What would it cost? When you put in nine houses how does that effect wells that are at 50 feet when you are dropping them 250 feet. Is it true that you are tapping into a different part of the aquifer? What do those static tests show? Does it show that you are actually effecting someone else's well? Those are the kind of questions and I would like to take it away from there.

Mrs. LaBow: So that's what we are going to try to do, something like that to educate us which will go a long way.

Mr. Greenbaum: Not just the public but Planning Board as well.

Mrs. LaBow: I think everybody and I think it will eliminate a lot of questions and a lot of fear. Thank you.

Mrs. Miller: Along the same lines, not only are we worried about what our aquifer is doing, but I believe a new State Law has been passed that is going to require a homeowner to have water quality testing done that is going to cost considerably more than what our Health Department requires. It is going to be an additional $400-$500. My biggest concern is what I am hearing, because my step son has been working for a plumber. When people are selling their houses, now they have to have their water quality done and what they are doing is they are covering up bad water quality with water conditioners, filter systems and I would really like to know what our water quality is as well as how this aquifer is working because there are concerns. People are having problems with their wells. I know it in my neighborhood, there are well problems, and we have that hotel going in up the street. That is going to be a public well that is going to go deeper than everything else and everybody is scared. We are scared that our wells are going to go dry but i am also scared that our wells are going to go dry but I am also scared that my water system is not healthy anymore. I mean physically healthy.

Mr. Guenther: What you stated there was untrue, Charlene. The private well water testing act requires the inspector to come and disconnect any water treatment system and take the test before the water goes through the system which we in the real estate industry find ridiculous. First of all, the purpose of the act is not to remediate , it is a fact finding rule for the DEP. They are passing the cost on unjustly, to individual homeowners.

Mrs. Miller: But it is the long established homeowners that are going to have to pay this. What about the new developers that are coming in and putting nine houses on second street? Look at all the other developments that we have going on in Town, I bet they don't have to pay for that water quality testing. It is unfair, it really is. It is like the old time residents, nobody cares about them.

Mr. Guenther: That law was put in advance for over a year. There was an opportunity to comment on it, and it came into effect in September of this year. It had been passed over a year before and they delayed putting it into effect. Everybody was asleep at the wheel. Now everybody has woken up to the fact how bad the law is. But it's too late.

President Scapicchio: Anyone else from the Public?

Richard Bonte, Budd Lake: One of the things we need to consider regarding this water issue is when the Budd Lake Sewer System was built, there was a requirement for test wells in excess of 27 wells were drilled and supposed to be monitored and a report is supposed to be issued every year. We paid for all this to let us know what is a happening to the general health of the aquifer in terms of the level as a result of the Budd Lake Sewer System, are we getting those reports? Is anybody evaluating them?

Mr. Spino: I honestly don't know.

President Scapicchio: Cindy?

Mrs. Spencer: Yes, they are doing the testing on a monthly basis as is required under the contract and we should be getting the final report by December.

Mr. Bonte: When you say final report, what do you mean by final report?

Mrs. Spencer: The contract was only for a number of years after the completion of the Sewer system.

Mr. Bonte: I thought it was for 20 years. And there is supposed to be an annual report every year on this. Have we done anything with these reports? Does anybody know what any of those reports for the last six or seven years have said?

Mrs. Miller: We have never gotten them.

Mayor Licitra: Charlene, we have just told you we have gotten them; whether they were reviewed we are going find out.

Mr. Bonte: I think we probably have a wealth of information available to us that's taken place that can be measured up against rain fall data to see where we stand and whether we are in good shape, bad shape or whatever.

Mr. Greenbaum: I don't know that it is quite that easy, but I agree with you that there is a wealth of information out there, but it may be translating Latin into Greek, you know what I am saying?

Dave Jones, Budd Lake: Just a couple quick questions, first I am just asking the Council to go through this structural engineer because we heard testimony from the Administration but we have not had anybody else you know look at the building and say exactly whats wrong with it, or anything like that.

President Scapicchio: Dave would you spend a million dollars to fix that building?

Mr. Jones: Possibly. Second of all, I am looking at the Bill list, the check registrar, every week I see this Mt. Olive Hardware, Inc. They are not in the phone book or anything I was just wondering who they were.

Mr. Rattner: Ace hardware.

Mayor Scapicchio: I think so. We'll write you back and tell you who they are.

Mr. Jones: I am just curious, why would the checks be made out to Mt. Olive Hardware, Inc. instead of Ace. Hardware?

Mayor Licitra: It could be their trade name.

Mr. Jones: Thank you.

President Scapicchio: Anyone else from the public? Seeing none.

ADMINISTRATIVE MATTERS

President Scapicchio: Mayor, you have two proclamations, and it has been brought to my attention that the Terrence Owen Byrne III, I guess he and his family are either out of Town or unavailable or were never contacted. Do you want to want to hold that until we have an opportunity to contact them? Your Choice.

Mayor Licitra: Okay, I have no problem with that

PROCLAMATION - Richard Wenner, Knights of Columbus Council 6100 "Person of the Year"

WHEREAS, the Knights of Columbus, Father Joseph A. Cassidy Council No. 6100, is known for its charitable and civic activities, including the providing of an annual scholarship to an appropriate student or students from Mount Olive; and

WHEREAS, annually Council No. 6100 names an outstanding citizen who has contributed unselfishly to the community; and

WHEREAS, Richard Wenner has contributed greatly to the children of Mount Olive for the last 35 years as both a teacher and principal; and

WHEREAS, Richard Wenner, since joining the Mount Olive school system in 1967 has held numerous teaching and administrative positions including teaching at the Upper Elementary School, teaching principal at the Linden Avenue School and principal of the Budd Lake School, Flanders School, Tinc Road School and currently principal of the new Mount Olive Middle School; and

WHEREAS, in addition to serving Mount Olive School system, he has served the people of Knowlton Township for 15 years as Planning Board member, Committee Member and Mayor; and

WHEREAS in the year 2002 The Knight of Columbus, will conduct an Annual Scholarship and Charity Dinner Dance which is being chaired by Francis A. Ruggiero, Grand Knight and Richard DiCicco, Dance Chairman, for the purpose of raising money to fund the annual scholarship and in the course of this activity will
recognize the distinguished service of Richard Wenner as 2002 Person of the Year.

NOW, THEREFORE, I, Paul R. Licitra, Mayor of the Township of Mount Olive, on behalf of the Mount Olive Town Council and residents of Mount Olive, do hereby proclaim November 17, 2002 as RICHARD WENNER DAY in Mount Olive in recognition of his outstanding contributions to the community and does proclaim his support for the endeavors of the Knights of Columbus in connection with its Annual Scholarship and Charity Dinner Dance.

TURKEY BROOK PARK PROJECT STATUS

Mayor Licitra: Cindy lost her voice so I am going to read it. The pre-construction meeting with Consolidated Building Inc. took place as scheduled today. Tom Laredo stated that he believes the building can be constructed within the 6 month timeframe specified, as long as the weather cooperates. Even if there are delays due to a harsh winter, he was confident that the restroom facilities and baseball tower buildings will be completed and ready to be turned over to the town by June 1, 2003. Kyle Conti Construction is posed for pulling off the site for the winter. They have been able to sod three of the soccer fields, baseball field #1 and the football field. The weather has turned to cold and wet for them to continue with any degree of confidence that the sod will root properly. They will fine grade baseball fields #2 and# 4 over the winter months and will be ready to complete the sodding of the sand-based soccer field and baseball fields #2,#3,&#4 in early spring. The fact that the contractor is using sod rather than seeding, eliminates the requirement for 2 full growing seasons before the fields can be played upon. As long as the Sod goes down in late March, early April, Jim Lynch is confident that these fields will be ready for play in July. Power has been implemented at the site and testing of the irrigation system completed. The system will be blown out and readied for winter. The interior of the loop road is being top soiled and Conti will try to hydro-seed it for stabilization purposes. Trees have arrived on site and many have been planted on the perimeter of Flanders Road as well as along the loop road. All road paving and pathways have been completed. GPU has been asked to place the order for the street light fixtures for the loop road, as all curb boxes are installed and conduit is in.The Township's Parks, Buildings & Grounds crew have begun working on the shoring up and minor repairs to the maintenance barn. Power and water lines have been run, and work is expected to be completed before winter so that the facility will be ready to receive the equipment and stock herbicides/fertilizers on site. GPU was able to run the power through use of existing poles, at no cost to the Township.

Mr. Rattner: Why do we have GPU putting in street lights in our park; because then we are renting them. If we want to move them or do anything to them we would have to pay them. Why didn't we put them in ourselves? Do you know? It does not make any sense to have them rent a light bulb?

Mr. Licitra: It is Cindy's understanding that it was less expensive, they provided the fixtures. I remember that going back.

Mr. Greenbaum: This is the first that I have heard that the fields were not going to be seeded this season, that we are now going in to next season. I thought that all the reports up to this point were that we were going to have everything done on scheduled with this, am I wrong Jim?

Mr. Lynch: Conditions on site, fortunately but unfortunately for the aquifer we are making up on rainfall totals. At the same time the rainfall is cooling down our soil temperatures so we were on schedule and it was looking very favorable to get all the sod down this Fall. At this time because of the rainfall situation; obviously for the past couple days it has been a bit warmer, above average. But we were in a very prolonged period of below normal temperature. This point Prudence tells the contractor and the sod farm, the subcontractor, they should probably hold off on laying those fields this year. I did some research, I support the contractors in this decision, it is not going to have that much tremendous of an impact. We will still be playing on those fields at the same time next year. Basically, if you sod this late in the season, you will get a quarter inch, maybe a half inch of root penetration into the soil, so it will establish. You are losing maybe 10 to 15 days of growing in the spring. So I would rather see them not take a chance. If we had a winter as we did in 1996 when we had storm after storm after storm. If we had ice come down on those fields right now and they only had a small root penetration, there would be a catastrophe so I think at this junction Olympus, Kyle Conte and the sod farm are taking prudent action holding off.

Mr. Greenbaum: I am satisfied with that response, what I don't want to happen is for you to tell me that we will be playing on the fields in July if we are not going to be playing on the fields until October, so I am satisfied that the prudent action is taken in terms of sodding the fields in the spring that have not been sodded but I don't want the community to believe that we are going to be playing on fields which we are not going to be playing on. I rather have the bad information up front than to have to deal with the public relations aspect of it on the back end.

Mr. Rattner: I just want to second what Mr. Greenbaum has said. Going through the summer we were told if we could get the sod down, the original date was the end of September, we will be able to play in June, July or the next year. Then when that date passed we were told well as long as we get it in before the ground freezes, November 20th or whatever it was, we could play next year. Now you are saying that all of that information that we got from July to last week was really misinformation that the sod really did not have to go in. I know specifically and I am sure that I could go back to the Minutes; at least four or five meetings in a row. In fact one meeting or sometime when Mr. Heymann was here, Mr. Heymann even disputed the fact based on his experience from helping with fields and playing on, that even November, June may be to early and he would probably want to wait until august because he was concerned about going a little to early, and guessing and thinking it is right and then ripping it up. But now you are saying this September and November date really wasn't a firm date. November, March that it really does not matter. That is what you are telling us now. You did not tell us that two weeks ago.

Mr. Lynch: What I am trying to tell you now is what would have been the best case scenario for that to be down.

Mr. Rattner: I am not saying that it makes sense to push it off as a practical matter, I am concerned for whatever reason, we have a real wet Spring, a real terrible winter where they can't get it down, or in March it rains a lot so the sod does not get down until the end of April. You can't keep telling the people, okay, June, June, June and then it is July. We have already set it back a couple times. I, like Mr. Greenbaum would say it is going to be the end of the summer. It is going to be August, September when you are going to be able to play on those fields rather than go back and come up with these dates and then in May you come to us and say well the weather didn't cooperate and we are going to be a couple months off. I rather go to the people once, tell them the date, let them get upset and then they will be waiting for it when we tell them.

Mr. Lynch: If it would be a little bit more comfortable for the Council from the date that the last piece of sod is installed on any given field, I have no idea what the winter is going to bring. If snow does not melt until May 15th you are talking 12 to15 weeks depending on if it's the sand based or regular soil fields. I am hoping that they can lay sod April 1st and we will be on them in June.

Mr. Rattner: And if we have a real wet Spring like we have had, and in April it rains 22 days out of the month, you are not going to put down sod. So you are saying the best-case scenario we are going to be playing in June or July and I rather not say that. Based with a certain amount of time in there for bad weather, because we are going to have bad weather.

Mr. Lynch: Then 12 to15 weeks from the last piece of sod going down on any given field, you will be on it. It is the best I could tell you because I cannot predict the type of winter we are going to have.

President Scapicchio: That's fair.

Mr. Greenbaum: I have to tell you. I have been speaking with a lot of people. I am out there at soccer games, everyone agrees that no one wants to use the fields until the fields are ready to be used. They keep asking me, "when is Turkey Brook going to be ready"? I say you know what, it is projected to be turned over to use in June but I would not be surprised if the fields were not allowed to be used because we want to make sure that we are not ruining the investment that we are putting in. That's why the information which is out there has to be somewhat accurate. It can't be a shifting deadline. If you are telling me you think June, if everything goes right, June is when we are going to be playing, July is when we are going o be playing, I can accept that, but you know if you come back and now we are in September before the fields are going to be able to be used, I have a problem with that.

President Scapicchio: He just told you that this is the best case scenario.

Mr. Greenbaum: I understand that, but there is not reason that it should go out to September because it is not going to be winter in June. I understand there may a week or two that he can't predict that it may go three weeks over. I am satisfied with his answer; I just want my point to be clear on the record.

LEGAL MATTERS

APPROVAL OF MINUTES OF PREVIOUS MEETINGS:

July 23, 2002 Present: Mr. Rattner, Mr. Greenbaum, Mr. Perkins, Mrs. Miller, Mr. Guenther President Scapicchio
Absent: Mr. Spino

October 22, 2002 CS Present: Mr. Guenther, President Scapicchio, Mr. Rattner, Mr. Greenbaum,
Mr. Perkins Mr. Spino, Mrs. Miller
Absent: None

September 10, 2002 Present: Mr. Rattner, Mr. Guenther, Mr. Greenbaum, Mrs. Miller (left at 10 pm), Mr. Perkins, Mr. Spino, President Scapicchio
Absent: None

Mr. Rattner moved for the approval of minutes; Mr. Greenbaum seconded the motion.

ROLL CALL: Passed Unanimously with the exception of Mr. Spino; abstained on July 22, 2002

CORRESPONDENCE

Letters from Residents

1. Letter / Petition received November 4, 2002, from Nicolas Greco regarding parking on Jeffery Court.

Resolutions, Ordinances, Correspondence from Other Municipalities

2. Ordinance received November 4, 2002, from the Township of Roxbury regarding Land Use.

DOT /DEP / Permit's / LOI's

3. Letter received November 1, 2002, from Windsor Construction Inc. regarding request for variance for work restrictions for Extended Stay of America.

4. Letter received November 4, 2002, from the State of New Jersey, Department of Environmental Protection regarding Letter of Interpretation - Line Verification Extension for Block 106; Lot 3 (Waterloo Valley Road / New Jersey FTZ Venture)

League of Municipalities

5. E-mail received October 25, 2002, from the New Jersey State League of Municipalities regarding Good News on Clean Communities and COAH Certification.

6. E-mail received October 28, 2002, from the New Jersey State League of Municipalities regarding S-1945 Heads to the Full Senate and Tax Break for 9-11 Victims Passes Assembly.

7. E-mail received November 6, 2002, from the New Jersey State League of Municipalities regarding COAH rejects NJBA Arguments on Interim Certification.
COAH

8. Newsletter received November 1, 2002, from Council on Affordable Housing regarding Perth Amboy Amending Six Project Plans, Harmony Township receives Substantive Certification, Linden City's RCA Recipient Certification Status Extended and Joint Session at League on COAH and the State Plan.

Correspondence from Organizations / Committees / Boards

9. Notice received October 30, 2002, from Delaware River Basin Commission regarding Notice of Applications received.

Legislative Representatives

10. Letter received November 4, 2002, from James McGreevey regarding the next Town Hall Meeting at the County College of Morris.

11. E-mail received November 7, 2002, from Congressman Frelinghuysen regarding Homeland Security.

Utilities

12. Fax received November 8, 2002, from Comcast regarding Comcast Cares Day 2002, CN8 to Air High School Gridiron Playoffs, Supporting Children in need, and Honored for Diversity Commitment.

President Scapicchio stated that we have 12 pieces of Correspondence on the agenda and asked if Council had any questions on same.

ORDINANCES FOR PUBLIC HEARING - None

ORDINANCES FOR FIRST READING (2nd Reading December 10, 2002)

Ord. #43-2002 An Ordinance of the Township Council of the Township of Mount Olive Establishing Salaries of Certain Non-Union Personnel for the Year 2002.

Mr. Greenbaum moved that Ordinance #43-2002 be introduced by title and passed on first reading and that a meeting be held on December 10, 2002 at 7:30 PM at the Municipal Building 204 Flanders-Drakestown Road, Mt. 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 Requirements of the law. Mr. Perkins seconded that motion.

ROLL CALL: Passed unanimously.

Ord. #44-2002 Bond Ordinance Amending Section 3(a) of Bond Ordinance Numbered #11-2001 of the Township of Mount Olive, in the County of Morris, New Jersey Finally Adopted May 8, 2001 in Order to Amend the Description of the Project. (Police Dept. Capital)

Mr. Perkins moved that Ordinance #44-2002 be introduced by title and passed on first reading and that a meeting be held on December 10, 2002 at 7:30 PM at the Municipal Building 204 Flanders-Drakestown Road, Mt. 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 Requirements of the law. Mrs. Miller seconded that motion.

President Scapicchio: Council Discussion?

ROLL CALL: Passed unanimously.

Ord. #45-2002 Bond Ordinance Amending Section 3 of Bond Ordinance Numbered #21-2001 of the Township of Mount Olive, in the County of Morris, New Jersey Finally Adopted July 24, 2001 in Order to Amend the Description of the Project. (Chipper)

Mrs. Miller moved that Ordinance #45-2002 be introduced by title and passed on first reading and that a meeting be held on December 10, 2002 at 7:30 PM at the Municipal Building 204 Flanders-Drakestown Road, Mt. 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 Requirements of the law. Mr. Perkins seconded that motion.

President Scapicchio: Council Discussion?

ROLL CALL: Passed Unanimously.

Ord. #46-2002 Bond Ordinance Amending Section 3(a) of Bond Ordinance Numbered #22-1999 of the Township of Mount Olive, in the County of Morris, New Jersey Finally Adopted August 24, 1999 in Order to Amend the Description of the Project. (Backhoe & Mason Dump Truck)

Mr. Spino moved that Ordinance #46-2002 be introduced by title and passed on first reading and that a meeting be held on December 10, 2002 at 7:30 PM at the Municipal Building 204 Flanders-Drakestown Road, Mt. 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 Requirements of the law. Mr. Perkins seconded that motion.

President Scapicchio: Council Discussion?

ROLL CALL: Passed Unanimously.

Ord. #47-2002 Bond Ordinance Amending Section 1 of Bond Ordinance Numbered #8-2001 of the Township of Mount Olive, in the County of Morris, New Jersey Finally Adopted march 27, 2001 in Order to Amend the Description of the Project. (Mason Dump Truck)

Mr. Guenther moved that Ordinance #47-2002 be introduced by title and passed on first reading and that a meeting be held on December 10, 2002 at 7:30 PM at the Municipal Building 204 Flanders-Drakestown Road, Mt. 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 Requirements of the law. Mr. Perkins seconded that motion.

President Scapicchio: Council Discussion?

ROLL CALL: Passed Unanimously.

Ord. #48-2002 Bond Ordinance Providing for the Remediation and Removal of Underground Storage Tanks at the Budd Lake Fire Department in and by the Township of Mount Olive, in the County of Morris, New Jersey, Appropriating $93,432 Therefor and Authorizing the Issuance of $88,760 Bonds or Notes of the Township to Finance Part of the Cost Thereof.

Mr. Rattner moved that Ordinance #48-2002 be introduced by title and passed on first reading and that a meeting be held on December 10, 2002 at 7:30 PM at the Municipal Building 204 Flanders-Drakestown Road, Mt. 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 Requirements of the law. Mr. Guenther seconded that motion.

President Scapicchio: Council Discussion?

ROLL CALL: Passed Unanimously.

Ord. #49-2002 An Ordinance of the Township of Mount Olive to Amend and Supplement Chapter 400 Entitled "Land Use" to Clarify the Setback Requirements for Accessory Buildings and Structures When Attached to Principal Buildings and Structures.

Mr. Greenbaum moved that Ordinance #49-2002 be introduced by title and passed on first reading and that a meeting be held on December 10, 2002 at 7:30 PM at the Municipal Building 204 Flanders-Drakestown Road, Mt. 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 Requirements of the law. Mr. Perkins seconded that motion.

President Scapicchio: Council Discussion?

ROLL CALL: Passed Unanimously.

Ord. #50-2002 An Ordinance of the Township of Mount Olive Authorizing the Acquisition of Lot 26, Block 2200 by the Township of Mount Olive.(Country Club Estates Drainage Property)

Mr. Perkins moved that Ordinance #50-2002 be introduced by title and passed on first reading and that a meeting be held on December 10, 2002 at 7:30 PM at the Municipal Building 204 Flanders-Drakestown Road, Mt. 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 Requirements of the law. Mr. Greenbaum seconded that motion.

President Scapicchio: Council Discussion?

Mr. Perkins: I just wanted to make a comment that I am in favor of this ordinance going through, it is about time that we continue to address some of those drainage issues up there and hopefully get a lot more of that property up there underneath the inadequate drainage system.

President Scapicchio: Thank you.

ROLL CALL: Passed Unanimously.

Ord. #51-2002 An Ordinance of the Township of Mount Olive Establishing Linwood as a One-Way Street.

Mrs. Miller moved that Ordinance #51-2002 be introduced by title and passed on first reading and that a meeting be held on December 10, 2002 at 7:30 PM at the Municipal Building 204 Flanders-Drakestown Road, Mt. 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 set Ordinance in Requirements of the law. Mr. Greenbaum seconded that motion.

President Scapicchio: Council Discussion?

ROLL CALL: Passed Unanimously with the exception of President Scapicchio, voted no.

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 Authorizing the Morris County Improvement Utility to Pursue on Behalf of the Township the Refinancing of Certain Pension Obligations.

2. Resolution of the Township Council of the Township of Mount Olive Requesting the Director of the Division of Local Government Services for Insertion of a Specific Item of Revenue into the 2002 Municipal Budget ($192,000.000 for COPS More Grant).

3. Resolution of the Township Council of the Township of Mount Olive Awarding a Contract to OCS Printing for the Year 2002-2003 for Printing Services for Mount Olive Township.

4. A Resolution Authorizing the Refund of Taxes Due to County Board of Judgements.

5. Resolution of the Township Council of the Township of Mount Olive Providing for the Transfer of 2002 Budget Appropriations for the Sewer Operating Fund.

6. Resolution of the Township Council of the Township of Mount Olive Awarding a Contract to Doncar Inc. for the Year 2002-2003 for Municipal Well Water & Pump Services for Mount Olive Township.

7. Resolution of the Township Council of the Township of Mount Olive Awarding a Contract to Telesearch Staffing Solutions for the Year 2002-2003 for Temporary Services for Mount Olive Township.

8. Resolution of the Township Council of the Township of Mount Olive Awarding a Contract to Precision Excavating and Benkendorf Landscaping for the Year 2002-2003 for Snowplowing Services for Mount Olive Township.

9. Resolution of the Township Council of the Township of Mount Olive Authorizing the Mayor and Township Clerk to Execute a Deed to George Eckert (conservation easement right-of-way, Block 7000 Lots 45 & 56)

10. Resolution of the Township Council of the Township of Mount Olive Requesting Approval of the Director of the Division of Local Government Services to Establish a Dedicated Trust by Rider for Snow Removal, Pursuant to P.L. 2001, C.138.

11. Resolution of the Township Council of the Township of Mount Olive Authorizing the Execution of a Quit Claim Deed for Block 1300 Lot 8, f/k/a Block 366 Lot 6.

12. Resolution of the Township Council of the Township of Mount Olive Authorizing a Developer's Agreement Between the Township and Toll Brothers, LLC Morris Hunt Phase I.

13. Resolution of the Township Council of the Township of Mount Olive Authorizing a Developer's Agreement Between the Township and Toll Brothers, LLC Morris Hunt Phase II.

14. Resolution of the Township Council of the Township of Mount Olive Authorizing a Developer's Agreement Between the Township and Toll Brothers, LLC Morris Hunt Phase III.

15. Resolution of the Township Council of the Township of Mount Olive Authorizing a Developer's Agreement Between the Township and Steve Morrison and Neal Senatore.

16. Resolution of the Township Council of the Township of Mount Olive Authorizing a Developer's Agreement Between the Township and ABC Child Care Center, LLC.

17. Resolution of the Township Council of the Township of Mount Olive Authorizing an Extension of Time in Connection with a Developer's Agreement Between Toll Brothers, Inc., and the Township RE: Wyndham Point.

MOTION TO APPROVE CONSENT RESOLUTIONS AGENDA

Mr. Spino moved for the adoption of Resolutions 1 through 17. Mr. Guenther seconded the motion.

Mr. Perkins: Mr. President I would like to ask that we remove numbers 12 through 14 and discuss those separately please.

President Scapicchio: Resolution 12, 13 and 14 are removed. Mr. Spino, do you want to revise your motion?

Mr. Spino I move that we adopt Resolutions 1 through 11 and 15 through 17.

President Scapicchio: Any public comment on these resolutions.

PUBLIC PORTION ON CONSENT RESOLUTIONS

Richard Bonte, Budd Lake: I have a question on the first resolution, number one. I just wanted to know exactly what that was.

President Scapicchio: Cindy, can you explain that?

Mrs. Spencer: It is just a method to use the County Bonding Authority to refinance the pension fund that was originally put into effect a number of years ago to fund some Police Retirements. It is currently at 8.75 % by refinancing it, you could save up to $150,000.00

Mr. Bonte: I heard you say that before and that is what I did not understand. We have borrowed money for this pension obligation?

Mr. Rattner: What happened, and in fact the Mayor, Earl and I were trying to refresh our memory. It appears about six or seven years ago I believe there was a special program from the State allowing police to retire early like the teachers had, that type of item. A couple of our offices took advantage of that. It went to the State pension plan but the early retirement and enhanced benefits, there was an assessment against us. The State basically borrowed the money and has been charging us through the pension fund, roughly $47,000 a year. The calculated interest rate is somewhere around 8%. The County came up with this improvement authority in the last few months and what they have done is gotten together, they could go out and borrow money cheaper with less under writing costs and reduce that interest to the 4% range, saving us about $150,000 over the next 13 years. It appears from the paperwork we got that we still owe about $600,000 toward that early retirement. With interest, it comes to about a $100,000. This will reduce it to about $150,000.

Mr. Bonte: So that will be paid off in roughly thirteen years?

Mr. Rattner: Yes.

Mr. Bonte: We are not underfunded with any of our current employees at the present time?

Mr. Rattner: It is the State, we have been paying the fair share.

Mr. Bonte: So the State basically offered this without offering the funding? I don't want to hear anymore, thank you.

President Scapicchio: Anyone else? Seeing none.

ROLL CALL: Passed Unanimously.

Mr. Dorsey: Resolutions 12,13, 14, Mr. Perkins has the same question. The water system according to the resolutions adopted by the Planning Board are not to be turned over to the Township. They are operated under a franchise to presume we'd be granting. Mr. Perkins raises the questions why was that arrangement at the Planning Board level? I don't know. We are going to have to write to the Planning Board and ask them what the arrangement was.

Mr. Spino: Can we hold off on passing these developer's agreements until we get that?

Mr. Dorsey: The agreements are drawn in accordance with the Resolution adopted by the Planning Board. The resolutions that were adopted by the Planning Board did not require them to turn over these water systems. Why that is so, I can't tell you.

President Scapicchio: Mayor, do you have anything to offer?

Mayor Licitra: No.

President Scapicchio: Mr. Perkins, do you want to remove these and just not address them and we will send the letter to the Planning Board. Rob we will send that message through you, is that appropriate?

Mr. Greenbaum: I don't recall the issue ever being discussed.

President Scapicchio: Lisa is going to send the memo anyway.

Mr. Greenbaum: That is fine.

Mr. Perkins: I seem to remember, I believe it was part of my time when I was on the Planning Board we had discussed one of the Morris Hunts.

Mr. Greenbaum: It may have been prior to my time.

Mr. Perkins: An option would be to have them to put in a system which obviously would be an asset to the Township, we could then sell should we decide to go out and grant a franchise. I am kind of interested to know how we got to a public franchise. Rob, if you would be kind enough…

President Scapicchio: Lisa tells me we haven't even offered them a franchise or granted it.

Mr. Dorsey: Until after this is done.

President Scapicchio: We don't even have to act on these three.

Mr. Dorsey: Not tonight.

MOTIONS

1. Bill List

Mr. Guenther moved for the approval of the Bill List; Mr. Rattner seconded the motion.

President Scapicchio: Any discussion on the Bill List?

Mr. Guenther: The animal hospital, is $600.00 the normal amount?

Mrs. Spencer: It's actually a little high for one month, but it is for euthanasia but it is also for the boarding of those animals for a period of 7 days until people come and collect them. If we were billed $3,600 it would be for the boarding and then euthanasia

Mr. Guenther: On page 23, $900.00 for chemicals. What is that? Maybe water testing or something?

Mrs. Spencer: It is a 30 gallon drum tank of chemicals and it is used by the water utility.

ROLL CALL: Passed Unanimously

2. Approval of Raffle Application #1049 for the Budd Lake First Aid & Rescue Squad, Bingo Application #1050 for the Budd Lake Fire Department and Raffle Application #1051 for the Budd Lake Fire Department.

Mr. Rattner moved for the approval of approval of Raffle Application #1049 for the Budd Lake First Aid & Rescue Squad, Bingo Application #1050 for the Budd Lake Fire Department and Raffle Application #1051 for the Budd Lake Fire Department. Mr. Perkins seconded the motion.

ROLL CALL: Passed Unanimously

COUNCIL REPORTS

Library Board Liaison Report

Mrs. Miller: We meet tomorrow.

Recreation Report

Mr. Guenther: We also meet tomorrow.

Board of Health Report

Mr. Perkins: We also meet tomorrow.

Planning Board Report

Mr. Greenbaum: Three matters were discussed at length at the last Planning Board Meeting which was Thursday. Gen III was approved. Woodland Estates was approved preliminarily. It came back with a new plan. Instead of the original 10 lot sub division, it came back with a nine lot sub division which is going to require us to vacate the paper street. They are going to redraw Second Street so that it comes in and bends which was to everyone's liking including the surrounding residents. What that does is it eliminates six variances that they were going to seek. Instead of nine variances on 10 lots, for front yard set backs, they are now seeking three variances on nine lots. All of them are front yard set back variances. The only reason they need those is because you can't bend the road where it comes in due to existing property lines. They were granted preliminary approval. Water was the main issue, which still has to be addressed down the road; how those wells will affect adjoining property owners. There was Mr. Greenbaum (cont'd): also a significant discussion on the Master Plan. Two areas of discussion which were brought up and which are going to have to be addressed are something that the Mayor raised in terms of eliminating terrain use as a permitted use on Route 46 and Route 206 in a similar fashion to that which we have already done on part of Route 46, to turn it into a P.O.C as a permitted use, office space. Bob Michael's was going to take a look at that issue. I think that the Master Plan is going to be addressed more specifically in December. Also, there was a proposal to eliminate hotel/motel use throughout all of Mt. Olive's Zoning areas, except for the Trade Zone and one other limited areas. Those were the two main issues which were addressed with regard to the Master Plan. The only other issue that I need to bring up again is that issue that I would like to have Council permission for funding to bring in a
hydrogeologist to address both Planning Board and the Public on the issue of water use and testing. Or shared amongst the number.

President Scapicchio: I agree Rob that is a worthy expenditure.

Mr. Greenbaum: I don't think that we are talking about a significant amount of money I think that we are talking about an hour or two of someone's time. If I can't get someone to volunteer, someone may ultimately volunteer to come in to address the Planning Board in hopes that it may be future business down the road someday. But I think that it is an important issue and I think that we are talking about a couple of hours worth of time so that we may be talking about less than a $500.00 expenditure to bring somebody in.

Mr. Spino: The Planning Board does have a hydrologist; he is not on staff, bit works with the Planning Board. We used him for the quarry area up by Waterloo Valley Road. Chuck would certainly know the contact name.

President Scapicchio: Thank you, Rob.

Open Space Committee Report

Mrs. Miller: Several of the Council members and the Mayor went down to the Freeholders meeting and Kathy of course, gave an excellent presentation. We should hear in about a week what their decision is.

Mr. Spino: Didn't they announce it on that Wednesday after our meeting?

Mr. Rattner: They will not announce it until after the next election.

Mr. Spino: I thought they present it to the Freeholders.

Mr. Rattner: Well no, they don't because that was one of the agreements when they set up the Open Space Trust, so it would not be political and the election would be on, that they the wouldn't even present it to the Freeholders until after the election.

Mr. Spino: Oh I am sorry.

Mr. Greenbaum: Are we going to be happy or sad?

Mr. Spino: All I could say is, I can't tell you anything.

Mayor Licitra: He shouldn't tell us.

Mr. Greenbaum: The record should reflect that Mr. Spino's eyebrows went up and then down.

Legislative Committee Report

Mr. Guenther: None at this time.

Pride Committee Report

Mr. Perkins: The Pride Committee Meeting will be coming up again this month, I wanted to pass on to the Administration both the Mayor and the Business Administrator for the wonderful help that Marilyn Ryan has given to the Pride Committee. This woman is on top of the issues that are brought before her. She responds in a very timely manner and I know is greatly appreciated by everybody who is on the committee.

Status of Committee RE: Lake/Environment Issues

Mr. Perkins: As far as the status of the Committee on the Lake, I am not aware that another meeting has taken place, I do know that today we had a small false alarm while I was here, I guess one of the power companies had a small power blip and one of the alarms went off at one of the pump stations which set the triggering of everything that is in motion. I do know our DPW folks were out there as well as the Health Department and I am sure that the Budd Lake Organization is going to be getting a report even though it is a false alarm because we did agree that when we did have false alarms that they would be notified.

Mrs. Spencer: The reason there has not been second meeting of the Committee is we are still waiting to get the maps that were promised from the members from the ADPPBBL so as soon as we get them we will precede.

President Scapicchio: Thank you.

PUBLIC PORTION

Richard Bonte, Budd Lake: I commented on this about 2 months ago, I would like to comment on it again today because of what I saw. There is I believe a serious safety hazard as well as an operational hazard on Route 46 Westbound after you come underneath Route 80 and you are heading towards the light for the Trade Center South and North. That is the concrete island that has been installed on the westbound side between the two westbound travel lanes and the two left turn lanes. Everyday I see somebody out in the lanes to travel through, get up to that light and realize that they are in the wrong lane and they sit there to make the left turn. Not only is the signage inadequate, the whole concept of having that concrete island there is ridiculous. You don't see this anywhere else. You normally, paint the dotted line so that you could cross over into those left turn lanes, what happens to people is that they come out from the two lane section, they see this concrete island there, they think that is the divider between the eastbound and westbound traffic. The reason I am bringing this up today is I have seen our Mt. Olive Police pull people over those that have been entrapped in this thing. I don't know whether they have gotten tickets or not or whether they are just getting warnings for what is a very easy to make mistake. But today when I saw a Morris County Sheriff Officer find himself in that same predicament, I thought I would bring it to your attention. I do think we need to go to the State, they need to do something about that. At the minimum, the signage has got to be improved. I think the long term solution is that the concrete island has got to be ripped out of there. So that when people come through the westbound section that is only two sections that is only two lanes and find themselves stressed upon this intersection, they can get over. I would like you to see if we could get into some discussions with this. I don't think the DOT has any knowledge this exists and causes a problem.

Mayor Licitra: I think that Gene did call them, maybe we didn't share it back with you Rich. Cindy will get back to Gene and we will send you his comments from talking with the DOT.

President Scapicchio: Anyone else from the Public? Seeing none we will close the Public Portion and at this time we will go into executive session.

Motion made to go into Executive Session at 10:50. Following executive session the Public Meeting reconvened and Adjourned at 11:15 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 February 11, 2003

_____________________
LISA LASHWAY
Mt. Olive Township Clerk



 

 

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