Township Council Minutes
October 28, 2003
PLEDGE OF ALLEGIANCE
The Regular Meeting of the Mount Olive Township Council was called to order at 8:40 pm by Council President Guenther.
MOMENT OF REFLECTION in recognition of the men and women fighting terrorism and those who have lost their lives defending the freedom we all enjoy
OPEN PUBLIC MEETINGS ACT ANNOUNCEMENT
According to the Open Public Meetings Act, adequate Notice of this Meeting has been given to the Morristown Daily Record. Notice has been posted at in the Municipal Building, 204 Flanders-Drakestown Road, Mt. Olive, New Jersey, and notices were sent to those requesting the same.
ROLL CALL: Present: Mr. Scapicchio Mr. Spino, Mr. Greenbaum, Mr. Perkins, Mrs. Miller
Mr. Guenther, Mr. Rattner
Absent: Mr. Spino
ALSO PRESENT: Cynthia Spencer, Business Administrator; Lisa Lashway, Township Clerk; Peter King and John Dorsey; Township Attorneys.
Council President Statement Regarding the Change of Order of Business
President Guenther: An announcement; we have changed the order of business to try to actually adhere more closely to what our code says the order of business should be. So we are actually having ordinances more towards the front of the meeting and I think this helps Mrs. Miller as well because she usually has to leave early because she has to get up earl to drive the bus, so we will do the important pieces of business that require a vote and that obviously need the quorum as early as possible. I just think everybody had a chance to look at it, if everybody is in agreement we will go forward with this arrangement. I think this benefits everyone. Any comments on that? Ray?
Mr. Perkins: I think Bernie, following along with the Mount Olive Code is the right way to do it. I think it affords not only the Council members that may be pressed for time but also the public to be able to comment on resolutions and ordinances that time.
President Guenther: You are absolutely right. Any comments or objections to that?
Questions on Bill List?
Mr. Rattner: On the last page of the Bill List there is a question of what we are using this company for, William Stodhoff Company. Looking at the Bill real quickly, it said that it was because of electrical failure at Pinecrest, so obviously it must be an emergency. I bring that up because in the last year, we changed our emergency electrical contractors to I believe Accord from, we’ll be using local vendors. When I looked at this bill, for one thing it was a company I did not recognize. I was wondering why we called these people in. Also, the hourly rate that was on the Bill was $225.00 an hour. So when we get to it and I see the Public Works Director, and thought maybe he could answer it. To me it was surprising because the whole idea of bringing this other electrical contractor was because it was going to be cheaper.
President Guenther: I know William Stodhoff from my association with the MUA; he is a well driller essentially.
Mr. Rattner: Well they said he was called in because of an emergency electrical failure and it was electrical disconnect which had to be replaced. Electrical work before was always done by Lamp Post, I believe Mr. Kovach and sometimes Bob Ketchen or something like that, I guess who would be subcontracted from him, and then we went to Accord some distance away which was going to give us cheaper service because it looked like the same thing. The question is not that it had to be done, but if it’s electrical work, why weren’t we using out electrical contractor?
Mrs. Spencer: I don’t have a specific answer on this one yet and I will get it tomorrow. But I can tell you there have been situations. We went with Accord after a public bidding situation. We contact Accord to get the amount for any emergency and if they don’t respond, we the will go out and get quotes from three other vendors and bring someone in, in an emergency situation.
Mr. Rattner: That is interesting. We have to resolve that and look into going into next year. I know we discussed a lot about the electrical contract, because remember the accord bid, besides being a distance away, I felt was to low, their hourly charges to even cover the prevailing wage. Understanding about overhead and things that has to be on there and I think I brought that up at the time. If we have had problems right along we should have terminated the contract. I have heard that we have had problems. I have also noticed and it is just a quick review that appears that the same type work, and of course no two jobs are the same, it seems like we get charged a lot more hours. It’s equalizing, less hourly rate, but the same job. Instead of being a two hour job, it’s four.
President Guenther: Steve, my question is, can you terminate the contract?
Mr. Rattner: For non performance?
President Guenther: Yes.
Mr. Dorsey: You probably have to get a hearing, but you can terminate it.
Mr. Rattner: The contract said how fast they have to respond, that was one of the concerns, they said they came with very high recommendations. They had good references. I am not going to deny that, but if they have had constant problems, lets get back to where we were. When we can, I always like dealing with local vendors anyway.
Mrs. Spencer: We will be rebidding the electrical contract in the next couple of months. We have documented every situation where we have had difficulty having them respond.
President Guenther: I was going to suggest that, make sure you document everything.
Mrs. Spencer: We also had to comply within the limits of the law in terms of notifying them, giving them second chances, and we have done that.
Mr. Greenbaum: I would like to see that list of documentation as we go forward with the bidding process.
Mrs. Spencer: Mr. DiGennaro did just come back, he might have an answer for you.
Mr. DiGennaro: The question I guess was for Pinecrest well, the bill for Stodhoff because we had a failure at the well, but that well had been replaced by Stodhoff less then a year ago. We called them wondering if it was a problem with the warranty issue or not and they came and checked it out. Our main panel above ground apparently got hit by lightening or something, it was nothing to do with the pump, but they came and diagnosed it and we had hoped that it was a warrantee issue, but it wasn’t.
Mr. Rattner: The $225.00 an hour. Is that one person, or is that a team of people?
Mr. DiGennaro: That is their rate for two men and the equipment. They come with two guys.
Mr. Scapicchio: So that is a minimal call out charge Mark?
Mr. DiGennaro: That’s their hourly charge to bring a crew out. A crew with a vehicle and two men.
Mr. Rattner: I don’t want to look to far into it. When you have an emergency, you have to go out and deal with it, you made your best guess. I understand that if you thought it was the well, you could always second guess after the fact. I saw electrical, and I know the issue we had with electrical contractors.
Mr. DiGennaro: We have been trying to stick to Accord as our where and when contractor as much as possible. But in an instance like this, we had just had that well pump put in and hoped that it was a warranty issue as we had experienced a similar problem in another well at a different location with another vendor.
President Guenther: Thank you Mark.
Mr. DiGennaro: You are welcome.
President Guenther: Any other questions on the Bill List? Anyone? Seeing none. Okay, I should have done this during the conference meeting since we agreed that we would do a site visit to Woodland Estates, I would like to set up a time at this time that’s convenient for Council. Dave, I guess for you it is difficult unless it is late afternoon.
Mr. Scapicchio: After 3:00 works.
Mr. Greenbaum: I think you need to set up a sub-committee because we can’t all go, we can’t have a quorum, and you need to coordinate with Gene Buczynski, he needs to be at the site and there has to be enough time for Mr. Assmaar to be notified and the residents to be notified. The way we did it last time was to set up a sub-committee to find out when Gene is available to go to the site and then work from there. The residents will, I am sure find a way to voice their opinion so certainly there will be enough of them present whenever we decide to go. We did about 6:00 at night, it’s probably too late now, but 4:00 on an evening when Gene is available. Perhaps, before a Planning Board meeting when Gene is already going to be in town.
President Guenther: Would you coordinate that Cindy?
Mrs. Spencer: Would you like me to set that up?
Mr. Greenbaum: Yes.
Mrs. Spencer: Colleen, would you volunteer to be the citizen liaison.
Mrs. Labow: Okay, do you notify the citizens, or do I?
President Guenther: She is asking you if you could be the citizen liaison.
Mrs. Labow: The other residents could go as well, right?
President Guenther: Oh, yes.
Mrs. Spencer: Do we have volunteers to be on the Council Committee?
President Guenther: I am usually available; go ahead, you guys do it.
Mrs. Spencer: Okay, Rob, Dave and Ray. Thank you.
President Guenther: Since Ray lives there, I think it would be appropriate
Mr. Perkins: I think Ned is doing the same thing I’m doing, turning down first street, going around the flood and making it back.
APPROVAL OF MINUTES OF PREVIOUS MEETINGS:
September 30, 2003 Present: Mr. Scapicchio Mr. Spino, Mr. Greenbaum, Mr. Perkins, Mrs. Miller
Mr. Guenther, Mr. Rattner
October 14, 2003 Present: Mr. Scapicchio Mr. Spino, Mr. Greenbaum, Mr. Perkins, Mr. Guenther, Mr. Rattner
Absent: Mrs. Miller
October 14, 2003 CS Present: President Guenther, Mr. Scapicchio, Mr. Rattner, Mr. Greenbaum, Mr. Perkins, Mr. Spino
Absent: Mrs. Miller (left at 10:05 pm)
Mr. Scapicchio moved for approval of the minutes as listed above. Mr. Perkins seconded the motion.
ROLL CALL: Passed Unanimously with the exception of Mrs. Miller who abstained on October 14, 2003 open and closed session minutes.
Letters from Residents
1. Letter received October 17, 2003 from Jack Zebora regarding posting for No Hunting a parcel of Township Property - Block 2100, Lot 3. - 15 Acre park located off Sand Shore Road and Mohawk Trail.
2. Letter received October 17, 2003 from Mount Olive Resident Dan Sacco of Boy Scout Troop 249 seeking Council Donations Towards his Eagle Leadership Project.
Resolutions, Ordinances, Correspondence from other Municipalities
3. Resolution received October 17, 2003 from the Borough of Madison Supporting the Property Tax Reimbursement Program.
4. Resolution received October 20, 2003 from the Borough of Chatham Supporting the Reinstatement of the Property Tax Reimbursement Program as Initially Developed.
5. Resolution received October 22, 2003 from the Borough of Butler opposing State Assembly Bill A3778 to Control and Regulate Home Care Health and Personal Care Assistant Services.
6. Resolution received October 23, 2003 from the Borough of Franklin Supporting Senate Bill S-838 Which would Prohibit Punitive Damage Awards Against Municipalities and Municipal Employees Acting Within the Scope of Authority.
Morris County League of Municipalities
7. Invitation received October 17, 2003 from the Morris County League of Municipalities regarding a Seminar by John E. McCormac; Treasurer of the State of New Jersey to take place on November 19, 2003.
New Jersey State League of Municipalities
8. Letter received October 21, 2003 from the New Jersey State League of Municipalities regarding a League Seminar on Domestic Security Preparedness Task Force. Current Homeland Security efforts and Initiatives for New Jersey to be held December 11, 2003 at the PNC Arts Center.
9. Letter received October 21, 2003 from the New Jersey State League of Municipalities regarding Bills that were enacted as the Public Laws of 2003.
10. E-Newsletter update received October 10, 2003 from Congressman Frelinghuysen.
11. E-Newsletter update received October 17, 2003 from Congressman Frelinghuysen.
12. Invitation received October 21, 2003 from Assemblywoman Alison Littell McHose regarding an open house on October 30, 2003 at her new district office.
State of New Jersey
13. Email received October 15, 2003 from the State of New Jersey regarding Local Finance Notice MC 2003-6.
14. Email received October 15, from NJCAT, New Jersey Cooperation for Advanced Technology regarding a Smart Growth Technology Conference to be held on October 20, 2003.
County of Morris
15. Letter received October 22, 2003 from the Department of Planning and Development of Morris County regarding Circulation Element Public Meeting-Region 3.
16. Letter receiver October 23, 2003 from the Morris County Sheriff’s Office regarding Accreditation On-Site Assessment Public Notices.
17. Copy of application received October 13, 2003 from the New Jersey Department of Environmental Protection regarding General Permit 2, General Permit 10A and General Permit 11. Block 12, Lot 4 in Washington Township, Morris County New Jersey.
18. Copy of application received October 14, 2003 from the New Jersey Department of Environmental Protection regarding a Stream Encroachment Permit and Individual freshwater Wetlands Permit for Deer Field/Rezimir Estates, Block 7000, Lot 64.
19. Letter received October 14, 2003 from Howard Weinerman informing the Clerk that he has submitted an application for a permit to establish the Boundary of Freshwater Wetlands at Block 12 Lot 4. (Drakestown Road).
20. Letter received October 16, 2003 from the Department of Environmental Protection regarding a class to be held at Rutgers, the State University on Volunteer Monitoring Summit.
21. Letter received October 20, 2003 from the New Jersey Department of Environmental Protection regarding an application for Modification of a Recycling Center. Morris County MUA- Mount Olive Class C for Lots 4,1,3; Block: 400, 401, 500.
22. Letter Received October 20, 2003 from the New Jersey Department of Environmental Protection regarding the Administrative Consent Agreement, Mount Olive Township Public Library Block 7900 Lot 3.
23. Stipulation of Settlement received on October 20, 2003 from Kathy Dunn regarding Viola LaValle vs. the Department of Environmental Protection.
24. Letter received October 21, 2003 from Environmental Technology Inc. regarding applicant Rezimir Estates, Inc. for Freshwater Wetlands Individual Permit Application for Block 7000 Lot 64, Mount Olive Township.
25. Letter received October 22, 2003 from the New Jersey Department of Environmental Protection regarding Withdrawal of Letter of Interpretation. Applicant Alan Cooper, Block 2604, Lot 2 Mount Olive Township, Morris County New Jersey.
Correspondence from Organizations / Committees / Boards
26. Letter received October 14, 2003 from Michael Melchionne, Chief Animal Cruelty Investigator Information Officer to inform the Governing Body that they are Entitled to Appoint an Animal Cruelty Investigator to Serve the Community.
27. Invitation received on October 20, 2003 from the New Jersey Division of Labor Market and Demographic Research Division regarding a seminar to be held on October 30, 2003. Discussion will include the Implications for Healthcare, Housing and the Workforce for the Baby Boomer Generation.
28. Letter received October 21, 2003 from Keith J. Miller of Robinson & Livelli Attorneys at Law regarding The Warren Reporter.
29. Letter received October 24, 2003 from Rachael Manor Properties, LLC regarding a request for a 24 month extension of the Developer’s Agreement dated July 2 , 2002.
President Guenther: Any comments on any of the items of correspondence that we have received here?
Mr. Scapicchio: I think it was from the DEP regarding the library.
Mrs. Lashway: Number 22.
Mr. Scapicchio: Thank you, Lisa. I ran through that letter real quick, Cindy. Is there anything else we need to do? I thought there was something we needed to do.
Mrs. Spencer: I don’t recall. I will look at it tomorrow.
Mr. Scapicchio: Maybe you could make sure that Gene got a copy of that too. I thought there was something else we needed to do for it to move forward.
Mrs. Spencer: I am not sure I have seen that one.
Mr. Scapicchio: Thank you Bernie.
President Guenther: Anyone else? I just have a comment on number 28 which is addressed to me by the Warren Reporter. He essentially says it is a freedom of speech issue about the distribution of the paper being thrown in peoples driveways. Where this one particular resident complained about that is very adamant that we should pass an ordinance to that effect. I have made it very clear to him that I will rely on advice from Counsel on what we should do. Mr. Dorsey feels it could be debatable, whether it is a first amendment issue, but we certainly don’t want to get involved in basic constitutional issues and being challenged on any ordinance that we pass. It is my opinion that if there is an egreged resident, he or she has the ability to put their name on the do not deliver list. The only thing we can do is if they don’t comply with that then we go after them because they are required to do that. I don’t wish to pursue it any further. It was only this one resident complaining, I know that there are several residents that commented to me, they find the paper very useful, they have very nice articles, it is put together much better than it’s predecessor. Unless we get bombarded with a whole bunch of complaints, I don’t think it is something we should pursue. I just had a question on this last letter, Rob, when Rachael Manor Properties is asking for a 24 month extension, that’s again a Planning Board issue, isn’t it?
Mr. Greenbaum: It looks like it is a developer’s agreement; I would refer that to Mr. King. It is not the resolution; it is the developer’s agreement.
Mrs. Lashway: The developer’s agreement gives them the standard eighteen months to complete a project and they are asking for an extension.
Mrs. Miller: But it looks like the extension already expired because it says it’s dated July 2, 2002, so it seems to me they’re a little delinquent…
Mrs. Lashway: 18 months from July 2002. This is not after the fact.
President Guenther: It is January 2004 that it expires.
Mr. Greenbaum: Normally Bernie if it is an extension request for preliminary or final site plan approval that would go to Planning Board. I don’t know exactly what they are looking for here and I would refer to Mr. Dorsey in terms of his opinion as to whether or not it is a council issue and I assume it is if it is a developer’s agreement. I don’t know how the developer’s agreement impacts on the final and preliminary site plan approvals which were given so it may be both a Planning Board and Council issue.
President Guenther: I read the letter and I just don’t understand. He has now paved it apparently; I don’t understand that he needs an extra 24 months to put in the improvements. He is claiming that inclement weather was one of the factors, I just don’t see that 24 months are necessary. We hear these Councilman complaints about the run off, lets let him, I think we should put his feet to the fire so that we don’t have anymore run off.
Mr. Scapicchio: Suggestion Bernie, I send that off to Gene Buczynski and let him make the recommendation.
Mrs. Lashway: I sent it to the attorney, planner and engineer for a recommendation.
President Guenther: Okay.
Mr. King: But it is standard once the dates are about to exceed that they will come back and we do have the authority to extend it.
Mrs. Lashway: When they have final approval and they have a final developer’s agreement they file their maps, their subdivision is perfected at that point so it is out of the Planning Board’s hands, it is definitely a Council decision.
ORDINANCES FOR PUBLIC HEARING
President Guenther opened the public ordinance on:
Ord.#39-2003 An Ordinance of the Township of Mount Olive Establishing a Safety Zone Around the Intersection of Flanders-Drakestown (Netcong) Road and Corey Road and the Undeveloped Areas of Flanders Netcong Road. (amend with public hearing for November 11, 2003)
Mrs. Lashway: This is to amend the ordinance that we already introduced because it is a substantial amendment, it has to be advertised again, so your motion tonight will be to establish a public hearing on November 11, 2003.
Mr. Greenbaum: So it was a typo with substance.
Mrs. Lashway: Yes.
President Guenther: Well with all the Flanders/Roads that we have in this town it is understandable. I open the hearing to the public. Seeing no public comments, Mr. Rattner.
Mr. Rattner: Am I moving first reading or a second reading?
Mrs. Lashway: You are moving it as a first reading.
President Guenther: I am sorry, it’s first reading.
Mrs. Lashway: It has to be considered brand new because of the substantial error.
President Guenther: Okay.
Mr. Rattner moved that Ord. No. 39-2003 be reintroduced by title and passed on First reading and that a meeting be held on November 11, 2003 at 7:30 pm at the Municipal Building, 204 Flanders-Drakestown Road, Mount Olive New Jersey, for a public hearing and consideration of second reading and passage of said ordinance and that the clerk be directed to publish, post and make available said ordinance in accordance with the requirements of the law. Mr. Perkins seconded the motion.
President Guenther: Council discussion? Seeing none.
ROLL CALL: Passed unanimously.
President Guenther opened the public ordinance on:
Ord.#41 -2003 An Ordinance of the Township of Mount Olive Prohibiting Parking on Old Wolfe Road.
Joe Caruso, 30 Old Wolfe Road, Budd Lake: At the first meeting there, something I didn’t understand from Mr. Perkins. You said you had driven a truck for 20 years at Roselle Park and you lived in Roselle Park and you couldn’t park on the streets there, am I right?
Mr. Perkins: I said I drove a tractor trailer about 20 years ago, and it was out of Linden, because I grew up in Roselle and we parked in Linden and had our girlfriends or wives pick us up and drive us back to the house.
Mr. Caruso: Okay, because you couldn’t park in Roselle. Well that is an ordinance since the 1950’s that I can remember.
Mr. Perkins: That’s right.
Mr. Caruso: This is a new ordinance, so we are talking about apples and oranges.
Mr. Perkins: No. We are talking about an ordinance that prohibits you from parking your truck on a public street.
Mr. Caruso: The Police officers review on this; they claim there is 1004 cars in a 24 hour period down at Wolfe Road. I did my own survey. The Police better learn how to count. Rush hour, 6:00 am to 9:00 am, 96 cars on a Thursday morning. That means from 9:00 am until roughly 4:00 pm which I did not do a survey update of the night rush hour. You would say about the same amount of cars. They claim 1004 cars, in a 24 hour period, that comes to 43 cars an hour, 24 hours, and you have an 8 hour period at night where there is no traffic, how do they come up with this figure?
President Guenther: I have to ask them, they are not here unfortunately.
Mr. Caruso: This is basically because a few cops in this town don’t like me parking here. There was nothing they can do about it so they come up with this scam job they are giving you. My rights are being violated left and right here.
President Guenther: I am not going to speak for them, but usually when they do a traffic count, they put the wires on the road…
Mr. Caruso: They did that, right by my house. I went out there and physically counted cars just during the rush hour and it does not compare with the 1004 cars in 24 hours. They must have had the street blocked up here and sent everybody down Old Wolfe Road. You people are relying on what they are telling you, and you have other people here that are getting flooded out, but you are willing to go over there and sit there and look at it. Has anybody sat on Old Wolfe Road and looked at the traffic? The last time they came up with problem, what ten years ago Steve? The Council members came to my house, had coffee and donuts, walked up the street, saw what was going on, and Charlie Johnson had enough nerve to tell them, hey, we ain’t going to bother this guy. The truck is not the problem. It’s speed that’s the problem. The cops refuse to do anything about it. What’s going on? It is easier to jump on my case than it is for them to go out and do their job. Tell them to stay off route 80, they don’t belong on Route 80. Let them come down on Wolfe Road and put the radar up.
President Guenther: I don’t think they are going on Route 80 anymore. We have made an issue out of that in the past.
Mr. Caruso: They are not doing their job, Bernie. There are a few Police officers who have it in for me and they are looking to make trouble. That is what started all of this.
President Guenther: At the last meeting I think Mr. Greenbaum offered his help in trying to find another place for you.
Mr. Caruso: I’ve been looking; I haven’t heard from anybody that they found me a place.
President Guenther: He is under the impression you are going to call him. I won’t answer for him.
Mr. Greenbaum: I think it was very clear that I had asked Mr. Caruso to contact me through the Clerk’s office and that I would do what I could do to see what areas of town were available and to see what I could do to find a spot for him to park his truck. Mr. Caruso never contacted me. Not withstanding that, I went to the planning department and I identified those areas in Town which would allow overnight parking. The problem is that most of the areas that allow overnight parking are related to the accessory use of the building. There are very few areas in town which actually allow the parking of a vehicle. I am sure Mr. Caruso is aware of that. One area where you can park the vehicles overnight would be Toy’s “R” Us. I contacted Toys “R” Us directly to find out if there was a resolution that would allow Mr. Caruso to park his truck on their side, I realize that is not the most convenient property for you to park your truck, but I am not a magician and I am trying to work to your benefit and I have to tell you that I am a little taken back. I understand the difficult position you are in, but I found the presentation by the Police to be credible. I don’t know about the amount the amount of traffic which is on the street, but I do understand that your truck actually abuts into the road way surface, which I do not find to be an acceptable situation. I believe that most of the residents of Mount Olive would not it find to be an acceptable situation. I realize that you have parked your truck for years and years and years in that location and I feel for you. I am doing everything that I could do to try and find a resolution to the problem. You never contacted me. I have done what I could do. I have not found anything yet, but I have had discussions with various people at Toys “R” Us. They are having their own problems right now in terms of parking and I would like to be able to come to some kind of resolution where everyone will benefit by a resolution including yourself, and maybe that is the solution to the problem, but if you are just going to sit here Mr. Greenbaum (cont’d): and rail on us about what we are doing, and rail on the Police for what they are doing, and I don’t believe that it is just a couple of cops, I believe that it is actually an issue which needed to be addressed and is being addressed and that is why we are dealing with it. If I thought it was just a couple of cops that were giving you a problem, I would never stand up here and I would never put you through that because that is not why I am here. I am a resident of this Township, like you are. If cops are doing something that they shouldn’t be doing, I don’t think one of us would stand up here and allow them to do that. That is not the case here. The case here is now, and to traffic considerations in town require you to move your truck because it can’t be parked safely anymore and whether there have been accidents or no accidents is not the issue because eventually there is going to be a problem because the truck is parked in the road way. So lets not sit up here and play blame as to who is changing the situation, lets find a resolution to the problem and lets move on. The resolution at this point is going to be to prohibit truck parking on the road as far as I am concerned and you can contact me and I will go door to door for you if that is required to find you a place that is going to allow you to park your truck if it is available. But I am willing to do the effort, but you have got to get in touch with me. I am already going to Woodland Estates, I’ll help you do your thing, I sit on Planning Board, we are all very busy people. I understand it is your livelihood, I am willing to go out of my way because that is what I hope I was elected to do. But don’t tell me that we are just sitting here buying what the police is saying, because I don’t buy it.
Mr. Caruso: I buy it; I know this for a fact. I have talked to plenty of Police Officers that I know personally and they tell me the same thing, it is just a few.
Mr. Greenbaum: I don’t buy it.
Mr. Caruso: Well, you don’t buy it.
Mr. Greenbaum: That is a difference of opinion.
Mr. Caruso: So what do I do?
President Guenther: I also promised I would check for you with the MUA. They also have their parking issues up there, at the transfer station, in fact they have had complaints about noise out of hours that they are trying to address because they do apparently open up the gates at 4:00 and there is some jockying around of equipment that takes place. Apparently they stage some of the trucks there overnight to be taken away and then at 4:00 they open the open the gates and take them out, which is against the rules because it is a neighbor that is complaining. If you were a neighbor of theirs, you were right up there and said look, and of consideration for you they would probably do it, but since you are in a different part of town, and they have their own issues with parking and noise there that they have to resolve, it would not be appropriate for them to offer their space.
Mr. Caruso: It just kind of makes me made when people go back on their word. They tell you can do something. They didn’t say 20 years, 10 years, 30 years you can park here. We would have never moved to this town if we couldn’t park there.
President Guenther: The point that somebody made last time was that unfortunately, things change over 30 years.
Mr. Caruso: Things change because people break the law of speed. Speed is a big problem on that road, so it is okay for them to break the law, I am obeying the law at the time, and I am the bad guy. I am used to dealing with honorable people in the circles I travel. When you give man a word, you don’t have to sign a contract, you don’t go back on it. Plain and simple.
President Guenther: But if it is a safety situation, it is something we have to address.
Mr. Caruso: It is not a safety situation if they don’t speed down the road. I will prove that.
President Guenther: I will venture to guess that the traffic you had there 30 years ago is substantially less than it is today.
Mr. Caruso: Oh yes. Definitely.
President Guenther: Well then, situations change Mr. Caruso.
Mr. Rattner: The big problem that the situation has changed is when we improved the road; we are narrowing up the curb, that’s what did it.
President Guenther: Well is there something we can do there? Is there a way we can clear that space so he can pull off the road there?
Mr. Caruso: When they built the road we asked them not to put a curb in there because we used to get over another 3 feet against the tree by my house, and the man next door, Henry Caroll, was willing to let me park on his property if they cut the road down. Now since he put them all up, I don’t think I have room to park there. But they wouldn’t do it, so what do you do? I just feel like my rights are being violated like crazy.
Mr. Greenbaum: Bernie, I can tell you I am happy with any solution that gets the truck out of the passable portion of the road way surface. If there is a way to allow him to park the truck off the road, that is fine with me to as long as it doesn’t impact any of the adjacent residents.
President Guenther: Mr. Caruso, do you think that eliminating the curbing right where you park, can you pull it over enough?
Mr. Caruso: We are going to have a problem there now because the sewer clean out plug is there. Once they put the curb in, they put the clean out plug there. I don’t know how big a problem it would be moving that or changing the angle on it.
President Guenther: Well, that is a major expense to try and move that. I don’t know. The only other thing is that that shopping center at the corner of Wolfe Road and Smithtown.
Mr. Caruso: I can’t get in and out of there with that tractor trailer, I can pull in there, I would not be able to get out. There is no room to turn around in there.
President Guenther: I don’t know. Does anybody have any brilliant suggestions?
Mr. Caruso: How bout the Old Municipal Building?
President Guenther: You’ll have problems pulling in and out of there too, same kind of thing.
Mr. Caruso: Not really, I could get in and out of there.
President Guenther: If you don’t think you can get out of that shopping center, I think you’ll have a worse problem at the Municipal Building.
Mr. Caruso: I have four million miles behind me without a chargeable accident. I can get in and out of there.
President Guenther: Well then I think at the shopping center you could probably do it too.
Mr. Caruso: I have delivered there to Walter already. It’s annoying, but you can get in it. The shopping center, you can’t make that turn out of there going left. You would have to back out.
Mr. Perkins: Mr. President, I think for the sake of time that Mr. Greenbaum has made a recommendation; he’ll try to help you. Mr. Guenther will try to help you. I still feel you should be helping yourself a bit more.
Mr. Caruso: I am trying.
Mr. Perkins: Go over to Love Lane, go up and down those trucking companies where they are parking truck in and out of there all day long, ground transport, they have to pay, but keep looking because…
Mr. Caruso: Well, I misunderstood what Mr. Greenbaum said about calling him. I misunderstood that.
Mr. Perkins: Mr. President, I’d like to rap this up and kind of move it on if you don’t mind.
President Guenther: Okay. Any other suggestions? Okay.
Mr. Scapicchio: Bernie, this ordinance, we did talk about having it go into affect in 30, 60, or 90 days to give him some additional time to find a location, so if we could just include some language that says that this will take effect in 90 days.
Mr. Caruso: I would appreciate that, because the other night right after the meeting when I left here the first time I was going to work and a cop stopped there and he was going to tow the truck. I said I’m leaving in 10 minutes, but.
Mr. Scapicchio: Peter, can we just add that?
Mr. King: Yes.
President Guenther: Lets do it, 90days, how’s that?
Mr. King: In here it says that the ordinance won’t take affect until the Police Department posts the “no parking” signs.
Mr. Rattner: They could post the “no parking” signs the next day.
Mr. King: I understand that. If you want I could put in here and you can direct it to the Police Department to post it. We’ll amend it as follows; This ordinance shall take affect after the Mount Olive Police Department Traffic Safety Officer provides for the placement of No Parking signs on Old Wolfe Road pursuant to New Jersey Department of Transportation regulations and the final adoption and publication of this Ordinance in accordance with the law, the signs will not be placed until 90 days after final publication of this ordinance.
Mr. Caruso: Will they still be harassing me about parking there? I’ll try not to park there as least as I can. That guy the other night, he was nasty, I don’t know his name but; I’m going to tow it, I’m going to ticket it.
Mr. Scapicchio: Tell him we’ll check the ordinance.
Mr. Caruso: I told him that in a nice way. I didn’t know who it was. I know most of them, but.
President Guenther: Okay, let me read the amendment. Signs will not be placed until 90 days after final publication of this ordinance.
Mr. Rattner: That also gives you an opportunity, you said that you were looking at your options, this gives you some time to investigate your options further. In other words you said about challenging the ordinance if you so desire. So at least you have some more time.
Mr. Caruso: It ain’t going to do me no good.
Mr. King: And the Administrator is going to talk to the Police Department to notify them.
Mrs. Spencer: Yes.
Mr. King: Thank you Mr. Caruso. Do we need to take a vote on the amendment first before the…
Mrs. Lashway: First we have to close the public hearing.
President Guenther: Anyone else from the public?
Bob Elms, Budd Lake: Having been here since 1969, Mr. Caruso used to bring his truck and park it partly on his yard before the town made the road better for him, and then prevented him from parking on any of his property and also when the sewer line was put in, as he said, now he has an additional problem to try and do that. But if the curbing wasn’t there and if the provision was made for putting a sewer line under a sewer manhole or something similar, that would solve the problem without; because what you are going to create not only for him, but for the other people that live on Old Wolf Road; if they have visitors for a party or something like that, most of them don’t have any more room than one or two cars in their driveway. Now if they have guests, you are going to have “no parking signs.
President Guenther: Most driveways on Old Wolfe Road are longer than that.
Mr. Elms: You need to go look at it.
President Guenther: I do. I drive down there all the time.
Mr. Elms: Thank you.
President Guenther: That closes the public portion on this ordinance.
Mr. Greenbaum moved for adoption and final passage of ordinance #41-2003 as amended. Mr. Perkins seconded the motion.
President Guenther: Further discussion? Seeing none.
ROLL CALL: Passed Unanimously with the exception of Mr. Rattner who voted no.
President Guenther declared Ord. 41-2003 as amended is 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.
President Guenther opened the public hearing on:
Ord. #42-2003 Bond Ordinance Amending Section 3(l) of Bond Ordinance Numbered 47-2002 of the Township of Mount Olive, in the County of Morris, New Jersey Finally Adopted September 24, 2002 in Order to Amend the Description of the Project. (Turnout Gear for Flanders Fire & Rescue) (Reintroduction of Ord. #34-2003 which was not properly noticed).
President Guenther closed the public hearing on Ord. #42-2003.
Mrs. Miller moved for adoption and final passage of ordinance #42-2003. Mr. Scapicchio seconded the motion.
President Guenther Council discussion? Seeing none.
ROLL CALL: Passed unanimously.
President Guenther declared Ord.#42-2003 as passed on second reading and herby directed the Clerk to forward a copy of same to the Mayor and Publish the notice of adoption as required by law.
ORDINANCES FOR FIRST READING
Ord. #43-2003 Bond Ordinance Amending Bond Ordinance #24-03 of the Township of Mount Olive, in the County of Morris, New Jersey Finally Adopted May 27, 2003, in Order to Amend the Description of the Flanders Rescue Squad Project (generators, equipment, radios, pagers).
Mr. Perkins moved that Ord. #43-2003 be introduced by title and passed on first reading and that a meeting be held on November 11, 2003 at 7:30 pm at the Municipal Building, 204 Flanders-Drakestown Road, Mount Olive New Jersey for a public hearing and consideration of second reading and passage of said ordinace and that the Clerk be directed to publish post and make available said ordinance in accordance with the requirements of the law. Mrs. Miller seconded the motion.
President Guenther: Council Discussion. Seeing none.
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.
1. Resolution of the Township Council of the Township of Mount Olive Authorizing a Connection to the New Jersey American Water System for Property Identified as Block 102 Lot 3 with the Address of 58 Route 46, Budd Lake. (Dr. Wu)
2. Resolution of the Township Council of the Township of Mount Olive Authorizing the Acceptance of a Donation of Lot 15, Block 8300 as Open Space to the Township of Mt. Olive.
3. Resolution of the Township Council of the Township of Mount Olive Requesting Approval from the Director of the Division of Local Government Services for Insertion of a Specific Item of Revenue into the 2003 Municipal Budget ($400.00 Donation – DPC Cirrus Inc.).
4. Resolution of the Township Council of the Township of Mount Olive Requesting Approval from the Director of the Division of Local Government Services for Insertion of a Specific Item of Revenue into the 2003 Municipal Budget ($1,799.62 for Recycling Tonnage Grant).
5. Resolution of the Township Council of the Township of Mount Olive Authorizing the Execution of a Lease Agreement Between the Township of Mount Olive and AT&T Wireless PCS, LLC (AT&T).
6. Resolution of the Township Council of the Township of Mount Olive Authorizing a Mutual Aid Agreement with Independence Township Fire Department.
7. Resolution of the Township Council of the Township of Mount Olive Authorizing the Addition of Certain Properties to the Township Recreation and Open Space Inventory.
President Guenther: Anyone wish to remove any item from the Consent Resolutions Agenda?
Mr. King: Mr. President there will be an amendment to No. 5.
President Guenther: So we will take five off.
Mr. Perkins: Mr. President, I would like to discuss No. 1 separately.
President Guenther: Okay. Anyone else?
Mr. Scapicchio made a motion that we move consent resolutions 2, 3, and 4, 6 & 7. Mr. Perkins seconded the motion.
President Guenther: Public portion on the consent resolutions? Any comments from the public on resolutions 2, 3, and 4, 6 & 7? Seeing none, I close the public portion. Council Discussion?
Mr. Rattner: Just on No. 2, I like the idea of getting land for free, but I always have the fear of when somebody gives you something, that there is something on there that we don’t know about, is there something with the clean up. I hope we at least did a superficial view to make sure that there was not anything buried. I know this property abuts the Hackettstown MUA property and they have had major problems with illegal dumping on all their property for the last 30 years. In fact that was one of the reasons why we ended up closing Mine Hill Road was because we couldn’t control it. I just hope that somebody at least reviewed it.
President Guenther: Again, I don’t know what this means but the resolution says WHEREAS the Township Council wishes to accept a donation specifically for lot such and such provided that there are no environmental issues, title issues, etc. Who’s responsibility to look at environmental issues?
Mrs. Murphy: This authorizes Morris Land Conservancy to obtain all the due diligence so that we can accept the donation and that will include an environmental assessment report.
Mr. Rattner: I am just saying make sure that it gets done because a lot of time I know what we have done is we have actually had to appropriate a couple of thousand dollars to have somebody like Norton to have somebody like that to go on and do some basic sampling to see if there is any thing really there that would show up.
President Guenther: That is what these costs will cover. We’ll do an environmental assessment.
Mr. Rattner: I just want to make sure we are doing it.
Mrs. Murphy: Yes.
Mr. Rattner: Okay.
President Guenther: No further discussion?
ROLL CALL: Passed Unanimously.
RESOLUTIONS NON CONSENT
Mr. Perkins: I would ask the administration, I have no problem obviously with granting to the private water utility, since they do have the facilities there, I know we have already been out to the site. Have we gotten a revised metes and bounds description of what the franchise now would entail since that municipal consent will be extending their franchise, at least up to that meter pit.
Mrs. Spencer: No. We have not.
Mr. Perkins: Is that support coming from that as it’s proposed. Are we going to dictate to them that this is very specific?
Mrs. Spencer: It is my understanding that in order for them to do that they need to know that it is okay with the Township, which is what this resolution will provide to them and then that will be forthcoming.
Mr. Perkins: This is giving the permission to connect and so…
Mrs. Miller: Isn’t that like putting the horse before the cart?
Mr. Perkins: Seems like it’s the horse before the cart. I know there is a problem there with the well and there is a sense of urgency through the State DEP for this. But I want to make sure that we are not giving a franchise that extends them all the way up Route 46.
Mrs. Spencer: I believe it was just going to include this one connection.
Mr. Perkins: Because there is that vacant lot that is right next store by the entrance to the International Trade Center that inevitably someday will be built upon hopefully that will be serviced by that too. So it is probably prudent for us to look at the west bound side of route 46 from the center line over to the meter pit and have that drawn in and included with the franchise map as a revised map of the franchise.
Mrs. Spencer: I will request it and get it to you for a review.
Mr. Perkins: Thank you.
President Guenther: Do we want to hold up the vote on this Ray until that is provided to you. Do you want to table it for now?
Mr. Perkins: I would not ask to hold it up Mr. President. They do have the contamination problem over there, the state is aware of what is going on and that New Jersey American has the ability to service them. There is not a problem, I just want to make sure that since the resolution already talks about block 102 lot 3, it is very specific to the one property, but we need to follow up for the franchise agreement.
Mrs. Spencer: I will do that.
President Guenther: Okay, would you Mr. Rattner please move that Resolution No. 1.
Mr. Rattner moved Resolution No. 1, Mr. Perkins seconded the motions.
President Guenther: Any public comments? Seeing none, further Council discussion? Seeing none.
ROLL CALL: Passed Unanimously
Mr. Greenbaum moved for approval of Resolution No. 5 Resolution of the Township Council of the Township of Mount Olive Authorizing the Execution of a Lease Agreement Between the Township of Mount Olive and AT&T Wireless PCS, LLC (AT&T). Mr. Perkins seconded the motion.
Mr. King: There was a request to amend this. It would be the third WHEREAS and it would be included in the following language, and a seven and a half increase annually during the term of the lease.
President Guenther: Okay. Are we clear on that? Comments from the public?
Bob Elms, Budd Lake: You already have a lease with AT&T wireless, so I don’t know why it would be a problem just to add this property to it.
President Guenther: We have a lease where?
Mr. Elms: At Camelot Watertank.
Mr. King: Usually a lease is specific to a property. I believe this is how they have done it in the past; where each water tower would be specific.
Mr. Elms: The lease was originally issued to New York SMSA also known as Cellular One. That is now AT&T wireless, so it’s really the same company that you are leasing another property to. Thank you.
President Guenther: Any further comments from the public? Seeing none. I’ll close the public hearing. Any further Council discussion? Seeing none. Roll call please.
Mrs. Lashway: The motion is on the amended resolution.
President Guenther: Amended resolution; adding on an extra 7.5 percent annual escalator for the term of the contract.
ROLL CALL: Passed Unanimously.
Library Board Report
Jerry Sheard, President to the Board of Trustees, Mount Olive Library: A couple things, I will give you an update on the building to start with. Despite the rain, we are probably within a week or so of what we anticipated right now. Also, there was some correspondence regarding a lien that has been satisfied with a letter from John Dorsey, I don’t know if the Council got copies of that, but everything was satisfied on that. That is was dated October 16, 2003. We are in the process right now of installing the underground utilities; fuel and gas, sanitary and water lines and working with Village Water Service, Bruce has got an attorney now in order to get that passed for the BPU for the hookup. It has got to be done within the next couple of weeks because of the weather; you cannot have the hydrant exposed. If you looked over there over the weekend, most of the sealed ducting is now on the first floor, so they will be starting that. Ready to pour the basement slab sometime in the near future depending on the weather right now. You will be seeing trusses coming in for the roof. Of course it is not going to be up yet, but they will be coming in and once they are installed and everything, we hope to have that, as of right now by Thanksgiving. Hope to be under cover. Weather depends on that quite a bit. One other thing I will bring up in this, I think it was Mr. Rattner who mentioned the letter from the State DEP, that letter was dated October 9, 2003, it was received by the Township on the 20th, and we got a copy of it the 21st , that basically is dealing with our stormwater management plan and the buffer zones which have to be change. We have until February 26, 2004, for that to be submitted to the State and completed. I know Gene is working on that and we hope that we could follow that up because that is a major thing as far as following up on that. Along with that, we have several other things coming up that I would like to bring to your attention. One, I would like to thank the Mayor and Jane for their attendance at our Halloween Party, that was the tenth one we have had, I am sorry that we didn’t see any of the other people who are running or the Council members there. We had a nice group; I figured 250-300 kids total. You could not get in the cafeteria of the High School. We also have the Pillars of the Community coming up on the 7th. I hope to see all the Council members there. And we have our annual tree lighting ceremony coming up on December 7, which happens to be Pearl Harbor Day, the Budd Lake Fire Department is going to deliver Santa somehow, I don’t know how he’ll be there. So we would like to see all the members of the Council, or whoever they are show up at that time. Also, one thing I would like to bring up, we have always had an open policy at that Library and we have noticed five people when they were running, we’ve noticed five council members that think that at anytime they are welcome to sit in on a trustees meeting, or come down and ask for information. What I hate to see is when people put things in the Newspaper that aren’t exactly correct and the public sees it. There has been a couple recent articles, basically on the cost of the library, we are not anywhere near the 5 million now, we are right now at about 4 million which is a big difference. But if anybody has any questions regarding the library, they can either come and see Dave, who is a Council member, or they can come and see me or Rita at the Library at any time we are open and we will be glad to answer them. Also, after the election, anybody who is running is welcome to come back down and visit us anytime they want too Bernie.
President Guenther: Thank you.
Mr. Greenbaum: I have an unrelated question; you may not be the one who can answer it, related to the agreement with Netcong; the shared services agreement.
Mr. Sheard: Rita could probably do it.
Mr. Greenbaum: How is that working out? Approximately how many people are using it? Has it been a burden to the library?
Mr. Sheard: By the way, one last comment Steve, we are at 24 percent. I am sorry I wasn’t here last time, but I was at the Brookhaven National Laboratory doing some work.
Rita Hilbert, Library Director: Netcong Pilot Project is going very well. So far we have a little over 200 people registered to use the library. We have been out and done some programs over there at the schools, I think with the advent of the new library we will probably see a greater number of people coming to use the library, but everybody who is coming is excited. Some people come and say, “but I don’t want to take somebody else’s place so I won’t register.” It’s like you really have to registrar because that is the only way we are going to know what is going on. The schools are pushing it right now, the school in Netcong is pushing it right now. Netcong very generously gave us the remainder of their library which was fifty four huge cartons of books, most of which dated back to the 1930’s so we did put some out for sale. We went through them. We took some that were historically good to have because Dick and Jane is a still a good thing to read by right? So there is some of those books that we kept but basically they were not really worth a lot. But they were trying to help out too. So it is going very well; slow. We will not approach that $10,000 figure that they had anticipated last year. But the project ends in the end of March and then we will reassess it and see.
President Guenther: Thank you Rita.
Mr. Sheard: Some final words; I would like to thank the High School kids that helped us for the Halloween Party. They are all members of our Library youth group; they did an excellent job in working with the kids at the High School doing the Halloween Party. Any questions?
Mr. Scapicchio: What did the Mayor dress up as?
Mr. Sheard: I didn’t get there until later because I had another appointment, so he was gone by the time I got there. I didn’t see you there Dave.
Mr. Scapicchio: He had me knocking on doors.
President Guenther: Lisa, did you talk to Mark about that fire hydrant leaking?
Mrs. Lashway: I spoke with Mark and I spoke with Jim Lynch, they told me that it was Bruce Mueler who had to come out and as of this morning when I spoke to Jim, he had only been able to leave a message and Bruce had not gotten back to him. But I did speak to Mark in the afternoon. It is important to follow up on it.
President Guenther: Which hydrant was that?
Mrs. Lashway: The hydrant out here in the corner.
Mr. Scapicchio: Where they hooked up the water meter, it has been leaking for over a week. It is on the other side of the water meter, so we are paying for it, but we are still wasting water.
Mrs. Lashway: And they are concerned about the freeze and what it will do to the hydrant.
Mr. Scapicchio: Jim has his hand up.
Jim Lynch, Supervisor of Parks, Buildings and Grounds: In the past when we have had that fire hydrant leak, the library for various reasons has run hoses across the construction site and at times we have contacted through administration the trailer over there and had them rectify the situation today. I called village water and sewer; did not get a hold of Bruce, but did leave a message. This evening what we did just to stop the leak, we shut the top of the hydrant off so it doesn’t freeze or create a condition out there that could be dangerous. We’ll be over tomorrow morning , I will try Bruce again in the morning and I will just make sure that everybody knows, and really have to monitor it. I really have to at times run out. I know at times Frank McGlynn has run out, we have tried to take care of it and we have called the trailer as soon as we see a problem.
Mr. Scapicchio: Thanks Jim.
Mr. Perkins: Cindy, we own that hydrant don’t we? That is our hydrant.
Mr. Lynch: I am not sure, I could check. Village has always come out and serviced it.
Mr. Rattner: I think we rent it. I think it is on our water bill.
Mr. Perkins: If we are paying a standby fee for that, we should not be asking, we should be demanding him to get out here.
Mr. Scapicchio: It’s not the fire hydrant itself that is leaking.
Mr. Lynch: It is after the water meter.
Mr. Scapicchio: It’s after the water meter that the contractor did.
Mr. Perkins: In speaking with Mr. DiGennaro, I believe that meter belongs to Blackstone or whoever.
Mr. Lynch: That I am not sure of.
Mrs. Spencer: Yes.
Mr. Perkins: Well, why don’t we just simply have them take the meter off every night, take it in their handy little trailer, and bring it back when they need it. Then it stops all the leaking problems.
Mrs. Hilbert: They can’t do that. Bruce Muller installed the meter, they cannot do that.
Mr. Scapicchio: I think all you have to do Ray is fix the connection. That’s all.
Mr. Lynch: I’ll be in contact with Bruce in the morning.
President Guenther: Thank you. Jerry, what else?
Mr. Sheard: Just aside of that, this was discussed at the job meeting Thursday and the problem is they are going to come through, put the pipe in and not connect it. But they are well aware of this and I did not know it was still leaking, but we have had a little change in who is going to be running things over there, and so I am sure it will be connected as soon as he talks to him in the morning.
Mr. Scapicchio: Jerry, when can we have a tour?
Mr. Sheard: I would say when it is enclosed so that you can see something. Now all you are going to see are partial walls and things like that. You can stop by the trailer and see Scott and you would have to check in with him first.
Mrs. Miller would you move the Raffle Applications please.
Mrs. Miller Can I move the appointment for Jill Devlin for the open space instead?
President Guenther: Be glad for you to do that.
Mrs. Miller I would be honored to do that.
President Guenther: That would be fine.
1. Approval of Raffle Application #2005 & #2006 for the Mt. Olive PTA; Raffle Application #2007 for K of C #5410 Blessed Mother Seton Council; and Raffle Application #2008 for St. Elizabeth Ann Seton Church.
Mr. Perkins moved for approval of the Raffle Applications as listed above. Mrs. Miller second the motion.
President Guenther: Council discussion? Seeing none.
ROLL CALL: Passed Unanimously
2. Appointment of Jill Devlin to the Open Space Committee for a 3 year unexpired term to expire 12/31/05.
Mrs. Miller moved for approval of Jill Devlin for the Open Space Committee for a 3 year unexpired term to expire 12/31/05. Mr. Perkins seconded the motion.
President Guenther: Council discussion? Seeing none.
ROLL CALL: Passed Unanimously.
President Guenther: We all received this additional bill to put on the Bill List. We are aware of that? Okay, [$55,275.00] to the Blackstone Group.
Mr. Greenbaum: That relates to the matter that was discussed at the last meeting and we withheld it?
President Guenther: Yes.
3. Bill List.
Mr. Scapicchio made a motion to approved the Bill List with the added bill for Blackstone. Mr. Rattner seconded the motion.
President Guenther: Council discussion? Seeing none.
ROLL CALL: Passed Unanimously.
ADMINISTRATIVE MATTERS – Proclamation on National Family, read by Cynthia Spencer
WHEREAS, Mount Olive is blessed with a multitude of families-an essential part of the cultural, social, and spiritual fabric that is Mount Olive; and
WHEREAS, Mount Olive recognizes strong families are at the center of strong communities; and
WHEREAS, everyone has a role to play in making families successful, including neighborhood organizations, businesses, nonprofit agencies, policymakers, and, of course, families themselves; and
WHEREAS, during Thanksgiving week we all should take time to honor the importance of families, and recognize the special connections that support and strengthen families year-round; and
WHEREAS, with the assistance and resources of agencies and organizations such as the Alliance for Children and Families and its local member agency, Children’s Aid and Family Services, we can help families of all shapes and sizes create a better future for all of Mount Olive.
NOW THEREFORE, be it proclaimed that I, Paul R. Licitra, Mayor of Mount Olive Township do hereby proclaim, Thanksgiving week as “NATIONAL FAMILY WEEK” in Mount Olive Township.
President Guenther: Anything else?
Mrs. Spencer: Just the Turkey Brook report.
President Guenther: I have an old business matter, just one thing. I understand there was a meeting with the people about the Rosewood ditch, unfortunately something came up and last minute I could not make the meeting. Were you at that meeting?
Mrs. Spencer: No I was not.
President Guenther: Who was?
Mrs. Spencer: Mr. DiGennaro and the Mayor.
President Guenther: Neither one of which are here tonight.
Mrs. Spencer: I Could tell you that it was resolved that as soon as all the leaves are off the trees they are going to go in and clean out that ditch and the residents that were represented were pleased with the results and next year they will be controlling the growth in that ditch and everyone left satisfied.
President Guenther: A regular program was established that it is not just a one time deal that you are going to do this every year, right?
Mrs. Spencer: The clean up will be lessened as a result of the control with herbicides with the growth along the ditch and that was a plan that had been put together by Mr. Lynch. But they couldn’t start it until next spring. It was too late in the season this year.
President Guenther: Okay. That’s the only old business I had. Does anybody else have anything else besides Turkey Brook?
Turkey Brook Report
Mrs. Spencer: For Consolidated Building Corporation, I am pleased to say that all work was completed and the final township required inspections took place on Wednesday, October 22, 2003. Final C.O.’s were issued and the buildings turned over to the Township. Architect and general contract administrator Joe Demaria has accepted all work under this contract and has requested final payment and release of the 2% retainage. CBC, the contractor has met all terms and conditions of this contract . It should be noted that the change orders on this job only totaled 5.9% and both were due to our requests for additional work, not included in the original scope. This is highly unusual especially with a municipal job this size, and I just wanted to share with everyone, that it was a pleasure to work with CBC and Joe Demaria, as everyone was very responsive and cooperative throughout this building contract. As it pertains to Kyle Conti Construction, a letter was received from Kyle Conti Construction advising that he was prepared to finish work on the field after football season. He had been requested to wait to repair those goal posts until after the football association completed their November 8th game. The final as-builts for all the fields however, have not yet been submitted to the Township Engineer. The maintenance barn, we are still waiting for RBM Roofing and General Contracting to begin the work, but all of the paperwork and contract details have been worked out. Mr. Lynch’s manpower will work in the Barn over the winter to complete the second floor renovation.
Mr. Scapicchio: Cindy, what is the hold up with Kyle Conti presenting us with the as builts?
Mrs. Spencer: I don’t know to tell you the truth. The surveyors were there the same Tuesday that our surveyor did the football field. But they did all nine fields. But Gene did not receive them as of today.
Mr. Scapicchio: How much money is outstanding to them?
Mrs. Spencer: I don’t recall the exact amount but I believe it’s about $102,000.
Mr. Scapicchio: Okay.
President Guenther: I just want to state for those of you who don’t know, I have been for the last week struggling with the issue; the football people wanted to get on that field to play the last couple of games. I did not approve that last week. I think we have come to the conclusion with legal Counsel that we are pretty well covered as far as our law suit or any obligations that Kyle Conti has that they really did not build it according to specifications. There is really nothing, if we let the football team on there, it really would not alter anything. Plus we have independent proof collaboration of the fact that they did not build to the specifications as Gene Buczynski presented to us as a result of the survey that was done by Chester Plousses. So I was satisfied to give that green light, but I think there are some other issues that Lynch has to deal with that have to be resolved before. But from a strictly legal standpoint, we have given them the green light to go on but some other things still need to be resolved.
Mrs. Miller: I have not been out on the property in a very long time and today I went out to the fields below where the development of Turkey Brook ends. Those fields, they are not really built any more, they used to be succession fields but they are turning in to a small Russian Olive Forest. The trees are now probably 10 to twelve feet high. They are numerous, we used to have those fields mowed every Fall so that they stay fields. The fields are turning into small woods. While it’s wonderful wildlife habitat, it is going to make our job of turning that into the great meadow which was supposed to be for the residents to fly their kite and throw Frisbees or perhaps a location for the dog park we have discussed. If we don’t do something we will find that it is going to turn into a forest which is going to make it more difficult. It was a field. Lets keep it, otherwise the work in the future to improve that section is going to be much more difficult. We have got to either mow it once a year or maintain it somehow. Through neglect, mother nature is going to take over and it is going to become a forest again.
President Guenther: Thank you Charlene. Jim, just a question, did you see any problem with doing that, do you have the equipment to control that.
Mr. Lynch: I have spoken with Robert Grignon who is a 25 year employee of the Parks, Buildings, and grounds department about that area. He has never mowed those fields.
Mrs. Miller: It was always done by the farmers. Actually the Turkey Farm used to do it. I think Stephens mowed it one year. We have gotten various farmers to mow it for us in the past. In the last three years, nothing has been done.
Mr. Lynch: I have nothing that I have found in any of Eric Shulte’s files, regarding contacts for that. I could try to establish contacts for next year. Or I also look at it is a fairly affordable piece of machinery that I could put in my budget for next year and we’ll see how that goes.
President Guenther: What do you need, like a brush hog Jim?
Mr. Lynch: The equipment we have for the road department, it’s a similar piece to that, however in the Summer and Spring and Fall that equipment is out the majority of the time. It is a small attachment for the back of the tractor I have already purchased for Turkey Brook, it is driven off a PTO Shaft. If we put that in the budget, I could possibly rent it and mow those fields. I could look into that. That is something I have done with the park commission. I have the knowledge of it, but I didn’t know the contacts that had done it in the past. If you want give me a couple weeks and I will come back to Council.
Mrs. Miller: Actually I am not sure just mowing it is going to be feasible because there is so much stormwater erosion in that field that it was very difficult walking it. There is erosion in that field. Before it was plowed to kind of help control erosion and nothing has been done since 1996 since we have purchased the property as far as plowing goes. But the mowing was done by the local farmers and I think that was done through Bob Behler.
Mr. Lynch: If you would like, I can start to approach some of these people, I do know the names of the people. I can try to make contact, or I can work it up two ways and report back to Council if you just give me a little time to work on it.
President Guenther: Would you do that Jim?
Mr. Lynch: Yes.
President Guenther: Thanks. Also, there is a meeting this coming Monday with the Neighborhood Committee, the neighbors on Sunset and Flanders. There are some major concerns. There are some things we need to address. We were supposed to have it tonight, but because of the Mayor and the conflict I had, and I wanted to be present at that meeting, we postponed it until Monday. But there are certain things that need to be done. Major concerns, there are some conflicting priorities that even some of the residents of Pershing Estates have regarding what they want to do going forward. We need to address that. So that will be done next Monday.
LEGAL MATTERS - none
Library Board Liaison Report
Mr. Scapicchio: Jerry did a good job.
Recreation Liaison Report
President Guenther: There has not been a meeting, we had to cancel a meeting all together for October because of the lack of attendance of voting members.
Board of Health Report
Mr. Perkins: We handed out the awards for the smoke free eating establishments this evening. The meeting is this upcoming Thursday, Bernie.
Planning Board Report
Mr. Greenbaum: I was not at the meeting but I know that the Morris Chase extension request was decided. There was lengthy debate and a unanimous vote to deny any further extension, so they went on their way.
President Guenther: That was by the way an excellent letter you put together.
Mr. Greenbaum: You saw the letter.
President Guenther: Yes. It was excellent. Well researched.
Mr. Greenbaum: I asked that it be read into the record, I was told by Ed Buzak that it got read into the record and then there was objection from the attorney for Morris Chase and the decision was made not to read it into the record since I was not present at the meeting. But the letter basically for everyone, set forth the history of the project and the ordinances which have changed since the approvals and why no further extensions should be granted. The only other thing I have to report is that the Master Plan Public Hearing is October 30, 2003.
Board of Adjustment Liaison Report
Mr. Perkins: It was a standard course of business, with one exception. That would be ZBA application 03-13 for Dockrell Yacht Club. The Planning and Zoning office got a call from the attorney representing Dockrell about 2:30 in the afternoon, that the attorney was sick, this is the second go around for that application that’s actually a new application where they are looking for a pre-existing form of use. So any of the fines that were levied against Dockrell when they had the truck out there with all of the summons’ listed on it. None of that will be forth coming to the Township until the Zoning Board makes a determination of whether that was actually a pre-existing dock of formal use and they are allowed to go forward. That meeting is now scheduled for December 15, 2003.
Master Plan Committee Report
Mr. Scapicchio: Public hearing is October 30, 2003.
Open Space Committee Report
Mrs. Miller: They did have a meeting. I did want to bring up about the sale of the Flanders School Property. I don’t know if that was discussed, but you did get a memo from Laura Swak dated September 22, 2003. I have here it was received here by Council October 6, 2003. They were not in favor of selling the Flanders School property for several reasons. Most of it is because there is a lot of recreation there for their children to play on, but I was just wondering what happened. I was not at that Open Space Meeting on September 8, 2003, but I was wondering what kind of action or discussion the Council took on that. The Board of Education property, did we have a whole lot of say on that? We had a meeting. I will let Dave report because I had to leave early. Dave and I attended a meeting with Rosa Lamonte, the Superintendent, Judy Johnson, and Sue Decker. Dave do you want to report on that meeting. We came to no Resolution at that meeting although we did voice out concern and an opinion and the opinion is that we wanted to keep the property in the Township’s ownership. I did have Lisa forward off that recommendation from the Open Space Committee to the School Board and the School Board last night according to the articles I read in the paper this morn decided not to sell the Flanders school at this point in time. I could tell you in private conversations with some of the work members and Rob, we have discussed some possibilities in terms of being able to utilize those fields, keeping those fields, they made want to do something with their administration building, they may want to utilize some other property that the Township owns, so there are a lot of different issues that are on the table that will probably take some length of time to get through. The immediate answer is that the building is not going to be for sale.
Mrs. Miller: Thank you.
President Guenther: I know that Larry Macente particularly more or less echoed the same sentiments I had regarding public property that felt very strongly about something that is in the public domain that as much as possible should stay in the public domain. So I think we have a strong sentiment on the board there. As Dave said, I think a lot of issues still need to be resolved.
Mrs. Spencer: I just wanted to add that the Mayor has asked that a committee of three representatives of the Township and three from the Board of Ed get together to work on options for the use of that property. I am assuming that within the next week or so we will have the Board of Education nominees for who would be on that committee to move ahead with that.
Mr. Scapicchio: Bernie, don’t you already have that worked out?
President Guenther: What do you mean?
Mr. Scapicchio: It’s you and I and Robin and Larry, right? We don’t need another committee.
President Guenther: Yes. We don’t need another committee.
Mrs. Spencer: Okay, the Mayor had asked me to get in touch with them to get three members set up.
Pride Committee Liaison Report
Mr. Perkins: Nothing to report Mr. President.
Board of Education Liaison Report
Mr. Rattner: Two things, one if anybody has read the newspaper, you will see that Dr. Frisco has handed in his resignation at as principal of the High School. He has been there a little over five years. The sad news was it has to do with health issues. The other thing that came up is they are still working towards going for a referendum in the Spring. That March date was only their target. They have not set a date. They are not sure at this point. There is a lot of work that has to be done and approvals within the state; funding. Because you can’t set something up and asked people to vote on it until you know how much funding you are going to get and offset the cost of it. Other than that it was a fairly fast meeting. I think they spent more time in executive session than they did at the regular public meeting.
Mrs. Lashway: That Township calendar that will go out next year will have that March date as the date of the referendum because they did confirm with me, and I at a last minute change got it on the calendar.
Mr. Rattner: The question came up and it is only their target.
Status of Committee RE: Lake/Environment Issue
Mrs. Miller: We have not had a meeting. Do you know when the next meeting is?
Mrs. Spencer: The next meeting is sometime in November, I am not sure of the date. I apologize.
Bob Elms, Budd Lake: I just wanted to add something to the Planning Board action on I guess Morris Chase and Morris Hunt or whatever it was. In spite of the fact that Rob could not be there for another pressing meeting, the Planning Board did a fabulous job there in doing a unanimous turndown, but there was one statement made by the applicant that bothered me. They said that they didn’t want to go ahead with phase II because in phase two there was considerable wetlands and what they wanted to do is finish phase I and see what the conditions of the wetlands was after phase I and there was considerable snickering in the audience that phase I was going to dry up phase II.
Mr. Rattner: That’s included in their settlement with EPA. It’s a real strange situation. I have been here for the whole thing from beginning to end, is that the DEP actually had given approval to do certain things still in certain wetlands. The EPA overroad the State DEP. The developer sued the EPA, and basically won, and basically there is a time frame. They are saying they can fill in a couple little areas. They expect that to dry
Mr. Rattner (cont’d): out some of the other areas, and then in five years, it dries out, they can build on it. That is actually the settlements they got with the EPA.
Mr. Elms: That is absolutely ludicrous that they would do something like that.
Mr. Rattner: The whole thing is ludicrous.
Mr. Greenbaum: Beyond our control though.
Mr. Elms: Yes. Thankfully they did not get the extension.
Mr. Rattner: Did you see the letter I wrote?
Mr. Elms: It was a magnificent letter. We just didn’t understand why you couldn’t be there, that’s all.
Mr. Scapicchio: It took him three days to write it.
Mr. Elms: But he is not running so it does not matter.
President Guenther: Anyone else from the audience? Seeing none.
FINAL COUNCIL COMMENTS
Mr. Rattner: The thing with the traffic and the safety. There is no doubt that Wolfe Road; that there is a safety issue with the truck that blocks a major part of the lane. But as we keep developing we say that well, it is going to cost our citizens this, or a quality of living where we can’t do that, yet at the same time we seen different cases where they’ll redirect a road for a tree. They will stop a project because of a turtle. When are we going to stop and think about our people. What about humans. Someday they may even be an endangered species. But what I am really leading into; about six months ago I came up with a comment and basically said grab your children, head for the hills, route 46 and 206 is killing our teachers, killing our kids and they are. We heard the report a couple of weeks ago, how bad it’s getting, and how fast it’s going. Well in the last week it has just accelerated to a ludicrous area and this is where we will be spending our time. Wednesday night you could not get in the Village Green because of an accident in front of the Village way. Charlene, she left, sends out an email the next morning, the buses couldn’t get through an accident at Village way. On Saturday, there were three. Involving a total of approximately 9 cars, I think 15 people were hurt. That is one day. So in a four day period, there were another five. That is 10 percent of the total we heard from Katona here to date. It is constantly getting worse. I am just getting to the point where just saying there is nothing we could do is not good enough because there are certain things we can do and there are certain areas I have found ways of controlling the in attention and the speeding. You heard the Chief say that one of the major problems is that the speeding on that stretch of 46 is sometimes approaching 20 miles over the speed limit. We have to start setting our priorities and start to look at some real heavy enforcement because word gets around. There are two things that happen with enforcement besides getting around. Yes, it is going to cost some money and maybe with overtime. But with the enforcement there is going to be tickets. It is not designed to raise money. But if we could make the road safer and make it pay for itself, because people are learning that they can’t speed through Mount Olive. You know you don’t speed going down Hackettstown mountain, because it is a guaranteed ticket. Years ago, when I began driving, every teenager knew that the one place you don’t screw around is Mine Hill. Not only were the cops bad but you had a Judge that really was a hanging judge. So you didn’t have any problem with speeding and careless driving on Route 46 and Mine Hill. That’s what we really start having to do because it’s just getting to the point that too many people are getting hurt. Our residents, we know a teacher just last year, on one section of 46, I had a youth on my street, it was a few years ago, killed on Route 46. I am sure a good portion of anyone who has been in town a long time has had an incident on 46 or 206. We have to start doing something. Just saying there is not much we can do; there is something we could do and I think that may be one thing that we have to start looking at. We have to start thinking out of the box, it may be distasteful to some people, we’ll probably take some heat up here if we demand and we find a way of funding some additional overtime or whatever it takes to make sure that radar is up on there and people see people getting pulled over, we can’t put up with this any longer. I know that I am worried; when my daughter goes down to Lowes or something like that, and I hear the siren or something go off, the first thing you think of and I know I am not along is my daughter. Is that why it is going off? You always have that fear. Nobody should have that fear. I think there is something we could do and we have to do it. We just can’t have the killing fields on our highways.
President Guenther: I think we should approach the Chief and ask him what it would take. Maybe we are not talking about that much extra money, or that much extra overtime. I have the impression from the Chief, President Guenther (cont’d): that he feels that a couple comments that he has made and privately to me too, that it is just not something that is not very enforceable. I kind of have problems with that attitude.
Mr. Rattner: I have heard the same thing with why it’s not enforced. I have had conversations over the last three or four years now. Especially with left hand turns and blatant. They are constantly running to accidents. We know there are 1500 ambulance calls from Budd Lake alone. Who is the first person there? A patrol car or two. If we call 911 that’s what we want to see. He has the equipment, he has the training, and you just get there. Flanders does another 700. Then you have God only knows how many accidents. That doesn’t include all the other incidents and all the other time you are spending with shoplifters and everything else. It is just a matter of resources. We may have 45 people in our police department. But we have certain amount of detectives because they are investigating the crimes to burglaries, things like that to try to stop that for the safety of our home. So we start looking, how many officers do you have on the road? What do we have, four, five cars on a regular patrol, on the road at any given time. We have 120 something miles of roads. 30.5 square miles of area to cover. It’s a lot of places to cover. Every time there is an accident, you know there is going to be two, three, or four police cars. That’s the whole town. They don’t have time to put up radar. I think that is some of what we heard. Maybe if we find a way; you just can’t throw money at it, you have to have a plan and let people see it.
President Guenther: Can we ask for that plan from the Chief.
Mr. Rattner: I think we need a proposal.
President Guenther: Cindy, I think Steve has a good point.
Mr. Rattner: We have to worry about the truck, no doubt about it. But let’s look at where our priorities and the real danger is.
President Guenther: Thank you.
Mr. Perkins: Real quick comments. One will be Old Wolfe Road. That decision to allow parking was made by a different governing body. I remember when that was enacted, I believe I was down at the old municipal building that night. I was a little surprised that it was approved, but it was. I don’t want to say it’s correcting a wrong. I drive down that road. I know when I leave here at night, I think anybody who does not want to wait for the traffic light on Route 46, makes the right and goes out Wolfe Road, there’s the truck. If you don’t see that for whatever reason, blinded by headlights, you can run into the back of it. Things have changed. I wish that he could park on his front lawn, get it off the road, that would be great. But unfortunately, without going through a ton of money and slowing people down, does not stop them from having to skirt out and cross over the line to go onto the other side of the road and go around the truck. So that is what it is. Route 46, Mr. Guenther and I have discussed on many occasions, my stand always has been and I really don’t care what it costs the State. The State has taken all of my tax money and given us all the Abbott District Schools and everything else which I am so utterly happy about. Why don’t they give us some of that money back and put a jersey barrier up, that way you can’t make a left. That’s just my standpoint on traffic on Route 46. We can’t hire enough police officers, and if they go to pull somebody over, where do they pull them over? In the right hand land and that backs everybody else all the way back up to Route 80, or the opposite direction. One problem you try to resolve it by doing something hopefully simple, and I think the rest of the Council has the right idea. We need to get everybody together with the State and come up with a permanent solution instead of keep trying temporarily to get a little symptomatic relief. Thank you Bernie.
President Guenther: I think after the election we will set up something with the assemblyman, with the senator, and we should really do that. I thought Earl was going to try to set something up, but.
Mr. Perkins: He didn’t get around to it.
President Guenther: We’ll have to look at it after the election. We really have to do something. I have no further comments.
President Guenther made a motion to go into Executive Session at 10:20 pm regarding legal issues. All in favor, none opposed. The Public meeting reconvened and adjourned at 10:29pm.
BERNHARD D. GUENTHER
I, LISA M LASHWAY, Township Clerk of the Township of Mount Olive do hereby certify that the foregoing Minutes are a true and correct copy of the Minutes approved at a legally convened meeting of the Mount Olive Township Council duly held on December 9, 2003.
LISA M. LASHWAY
Mount Olive Township Clerk