Mt. Olive Township Council Minutes
September 10, 2002

PLEDGE OF ALLEGIANCE

The Regular Meeting of the Mount Olive Township Council was called to order at 7:31 pm by Council President Scapicchio with the Pledge of Allegiance to the Flag.

MOMENT OF REFLECTION

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

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 Morristown Daily Record. Notice has been posted at in the Municipal Building, 204 Flanders-Drakestown Road, Mt. Olive, New Jersey, and notices were sent to those requesting the same.

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

Also in attendance: Mayor Licitra, Cynthia Spencer, Business Administrator, John Dorsey, Township Attorney, Lisa Lashway, Township Clerk.

President Scapicchio: That brings us to the first public comment period of this evening. For those of you who aren't frequent attendees at these public meetings, we have two public portions, one at the beginning and one at the end. Is there anyone wishing to address the Council or the Mayor on any issue?

PUBLIC COMMENT PERIOD

Pat Fiedler, 24 Flanders Rd., Budd Lake: A while back, about 18 months ago or maybe 2 years ago when they were talking about how they were going to irrigate the fields at Turkey Brook, I came in and I asked how they were going to do it and they said that they were going to use the wells down behind the Chester Stephens School which was going to be their source of water to irrigate. Now, about four weeks ago, they placed an 827 foot well right up towards Sunset Drive and Flanders Road. This was okayed by everyone on the Council with the exception of Mrs. Miller, I believe. There is 50 foot of casing in it and I think it is a 20 inch hole. I talked to several well drillers in the last week and they asked me how the wells were in that area and they told me that this will significantly affect the water especially if they are going to irrigate a number of fields. I tried to find out through different sources how much water it would take to do a soccer field. They would say on the order of 20,000 gallons a day for one field. On the 15th of September they are supposed to sod and I don't know if this has been changed or not. This is putting us in a very precarious situation. My wife, just like everyone on Sunset Drive and Flanders Road are winding up at the washeteria. We are doing things that don't take water. We are taking our air conditioners and putting a little hole in it and letting it drip in to get a bucket of water so we can water our plants. I called the EPA this past week twice. I talked to two different people there and they said that no new construction should be using that much water or any kind of water. If you had the football fields and the baseball fields, you should be able to water them because they are already in existence. I don't believe the sod is down. I was over there yesterday and the sod is not down yet on the fields from what I can see. It is on the apron around the pond and that sod is dying. You are putting us in a very precarious situation. I know this is not going to stop but what I'm asking for is this, that you as a Council have to come up with either another type of plan if in fact we lose all the water that is on Sunset Drive. Most of the wells are under 100 feet, mine is 65, a lot of them are around 69, 70, 80 feet. I haven't heard of anyone who has a 100 foot well up there. I had well work done two weeks ago because my pump burned out. I had the guy check it and he said that I was getting water at about 32 feet. That is what he told me so if you are going to be pumping that much water, which I'm only going on figures that I researched on by talking to different people who do sodding and we're talking about big fields. We're not talking about a lawn. They're telling me that that is going to significantly change the water level in all of those wells. Those wells were fine when they were dug. We are in a different situation. We are in a drought and we're asking for you to use your heads and use common sense. If we have to conserve, then you guys are going to have to find some way of either putting this off or seeding it and waiting for the rains to come or something like that because I'm not going through what I went through with my septic system. I put in my septic system two years before the sewers came in because I couldn't get an approval from the Town to just run a leech field. I'm not going through this again. If we have no water, that means you can't stay in your house. It's a health issue. People have to address this. Obviously it wasn't thought about, it wasn't addressed. Anybody's legacy should not hang on this.

Mr. Guenther: Mr. Fiedler, I live right down the block from you. I live on Carson Road. I have a well and I'm very concerned about it. This is the way it was explained to us. The Engineer is here and our Director of Public Works, correct me if I'm wrong about anything I'm going to say. The well that is being drilled is how many feet deep? 850 feet deep. If the wells are of that depth, 50, 60, 70, 80, 100 feet, you are drawing off the top. That well that is being drilled, in fact, if anything, you are going to be effecting possibly the well down below but 800 feet below you are drawing from a different aquifer.

Mr. Fiedler: It has to do with the casing. The casing is 50 feet.

Mr. Guenther: I'm not an expert so I'll let Mr. Buczynski answer that.

Mr. Buczynski: Can I address the concerns? I was aware of the concerns today and let me just address a few things, sir. First, you mentioned about a 20 inch hole. I don't know who gave you that information. It is a six inch hole, six inch diameter. Just to get that straight. It is 872 feet deep.

Mr. Fiedler: I was given the figure of 827 feet.

Mr. Buczynski: It's 872 feet deep. The first 27 feet, when they drilled the well, it was stony and sandy clay material. From 27 to 872 feet there was granite. Water does not enter that well until a depth of 125 feet. There is rhyme or reason why they did what they did. By DEP regulations you are supposed to have at least 50 feet of casing. Water can't get in and doesn't enter that well between 15 and 125 feet. There is no reason why you would put additional casing and drill additional casing into that well since it is solid granite rock and there are no fissures, no water is entering that area. Water doesn't enter that well until a depth of 125 feet deep and it is a trickle. The next time water comes in is at 295 feet and then water comes in at 447 feet. The static level of the water in the well is 35 feet, and that is because the hydrostatic pressure, capillary action, because the water there starts pushing up. The well pump is going to be set at a depth of 350-400 feet. That's where the pump is going to be set. What happens, you're really in a different base where you are getting water. You are getting water in an upper area in the neighborhood of 30-40 feet. That's where a lot of people are getting their water. That's probably where a lot of people have their pumps set at. This water is going to be at a whole different location. We did ask also regarding the wells behind Chester Stephens School. The concern there was mainly to transfer that water up to the detention basin area and the cost involved in that. It would make a lot more sense to get the water closer by. They've drilled the one well, and as you know, they only got 35 gallons per minute. There is another well going to be drilled on the other side of the park by the football field and hopefully we'll get more water there. If we get 55 gallons, that's what we need, we won't even utilize the well adjacent to Sunset Drive next to the detention basin. So there is a good possibility in two or three weeks, we might not have to use that well at all. As far as we are concerned, speaking to our well driller also, and looking what is happening out there, we don't really see where there would be a problem. I understand the concern. I know you've had problems over the years with the shallow wells on Sunset Drive.

Mr. Fiedler: Most of the wells, that was sufficient at that time. That was the standard, my house was built back in 1939. The thing is, why, I talked to three well drillers and they all told me the same thing, that it will, over a period of time, it will markedly affect it, especially if they are using a lot of water because there is going to be a certain amount that goes into the air, some of it is going back into the ground but the situation that we are in right now, it is dry.

Mr. Buczynski: I'm not sure what well drillers you spoke to, I'm not sure if they saw the log and they knew how this well was constructed because you can't really comment on how you are going to get the water and how the well is going to perform if you haven't seen the well logs.

Mr. Fiedler: I'm just going by the phone calls that I made. What about the question of watering, about new construction. What are the regulations.

Mr. Buczynski: Lawn watering is allowed between 5 to 9 am and 5 to 8 pm on new sod or seed. New construction may water daily for 45 days after planting. That is per DEP regulations, current drought regulations.

Mr. Fiedler: Current drought regulations say you can water for 45 days?

Mr. Buczynski: Yes, sir, that is what I'm telling you.

Mr. Fiedler: I'm telling you right now, what's your name?

Mr. Buczynski: My name is Gene Buczynski. I'm quoting the regs from the internet.

Mr. Fiedler: Okay, I'm going to write that down.

President Scapicchio: Charlene, you wanted to comment?

Mrs. Miller: Yes. I'd like to ask our Administration if indeed the residents on Sunset or Flanders Road do have a problem with wells going dry, I think it is going to be pretty obvious if someone's well goes dry, one or two people, we've got a problem and what kind of plan do we have in place if this does indeed happen? Obviously they are going to need some type of community support.

Mr. Dorsey: Let me say this. We understand, we at the table understand that we have to and in good faith are guided by the advice that we receive from Mr. Buczynski and I know that other Council meetings this issue has been addressed. We have all been led to believe, I think it's a fair statement, that the drilling of these wells to service the new Turkey Brook athletic complex would not interfere with adjoining wells and there is certain logic to the statements that were made but we know that even the best hydrologist may err and if they err, I would be very much inclined to say that if, as a result of the pumping of significant amounts of water from these wells that have been drilled at Turkey Brook Park, the Township would have a responsibility to these homeowners if indeed it essentially causes their wells to go dry. That will be an interesting analysis in and of itself because as I understand it, a lot of these homeowners have had problems with their wells before the wells at Turkey Brook were drilled but I assume that if we get into significant pumping of water and suddenly we have a whole series of these wells go dry, that's going to be the proof in the pudding and at that point I would think that the Township would have to respond in one fashion or another because it seems to be equitable that one property owner can destroy the value that the adjoining property owners have by simply sucking out all the water in that particular aquifer. We don't believe that that is going to happen. You've heard Mr. Buczynski. He's been with the Township for almost 20 years and we rely upon him for a lot of things and we do believe that there is certain logic in what he says. The proof in the pudding would be what happens when the water commences to be pumped out.

Mr. Fiedler: But to date, you have no alternate plan if that does happen?

Mr. Dorsey: Excuse me. No water has yet been pumped out. I think in the interim the Administration is going to have to come up with an alternate plan, at least, a temporary plan as to what they would do immediately if these supposed adverse effects occur. It probably would be a short term response and in the end it would have to be a long term response in terms of providing water for you people. Maybe a whole new water system up there connected to these very deep wells. I think that is where we are and I think you are right to ask the Administration to begin to develop a response if everything goes wrong.

Mr. Fiedler: I think that before all this was even looked at maybe there should have been a call to come up with some auxiliary plan or some kind of emergency fall back plan if this did, in fact, happen. Not everyone has an 150 foot well or a 200 foot well. Most of them in that area up there of older homes are all around 65 to 70 foot range.

Mr. Dorsey: I understand what you are saying and I'm sure the Administrator has heard what I've said and is how about to begin to prepare that alternate plan.

Mr. Fiedler: Okay, as long as it is on the record.

Mr. Buczynski: One possibility for us would be to stop pumping out of that well. It would recover and then the question is what would you do at that point. I really don't think that is going to happen but…

Mr. Dorsey: I don't think you should try and give the answer now. I think they are entitled to you giving this some analysis to how you would respond and not try and do it right off the top of your head now. It's a serious matter and you should give it some thought.

Mr. Rattner: Gene, when we talked about this a month or two ago and we were talking about the wells, I was asking at what point to we get an approval from the DEP to actually use it because there are certain tests. Remember I asked about when we do the draw down test because there is a 24 hour period where you have to heavily pump, or some period, that you heavily pump the water and then you check the other wells close by to see if there was a draw down to see if there were any problems.

Mr. Buczynski: There is no DEP approval required for the amount of water that we are going to be pumping out. It is less than 100,000 gallons. There is no allocation permit. There is no 72 hour pump tests required for this type of situation. What they did do, they pumped it for four hours to determine what the pumping rate would be. That's what they've done. We did not require them to do a 72 hour pump test.

Mr. Dorsey: That's correct, Steve. If you are not pumping more than 100,000 gallons, you don't have to get an allocation permit.

Mr. Rattner: We have a lot of wells, in fact, I believe a well behind my house was dug, Country Oaks, how deep is that well.

Mrs. Miller: About 500 feet.

Mr. Rattner: That was right in my back yard and there was the same fear. Remember they did the test because they also put in the standpipe and I'd imagine that around town most of the wells, and in fact, that is probably a requirement for developer's that they have to go down that far because what you are trying to avoid is hurting anyone else's water. I'm on a well. Everyone around me has a water system that they are taking all the water out so I have the same concern. I understand.

Mr. Buczyski: Country Oaks had a different situation because it was a non public community water system and it requires certain permits from DEP. It's a little different situation.

Mr. Rattner: I'm just saying about the point about other wells going that deep. Most of the developers that are putting in well are putting in those deep wells and that is a requirement so that it doesn't effect shallower wells but I can understand the people on the street and we've discussed this before, their general concerns because I know I live on Goldmine Road. I have the water tower in my back yard. I'd love to hook into it but it's the same thing, wondering what is going to happen. My well is only about 65 to 70 feet.

Mr. Greenbaum: Very briefly, I think what John said really sums up what needs to be done and what was done. I think you should know that all of the Council members were concerned when this issue was raised as to how it would affect the adjacent homeowners. It was something which was discussed at length and we took as much information as we could before we made the decision to move forward with it and I agree with everything that John said with regard to coming up with a contingency in the event that whoever gave us the information was wrong, which I don't believe will happen, but this was an issue which was discussed and which was of the utmost importance to everyone on Council.

Mr. Fiedler: The thing is that we are conserving right now. We are conserving and if we have to conserve, the Council has to conserve too. It doesn't stop with us. We are not serfs. Thank you.

David Pariseau, 7 Sunset Dr.: I think something that could very easily take care of a lot of the questions or concerns where you mentioned about the static level. Is the Township opposed to conducting static level tests on a few of the surrounding wells? I was also in contact with a couple of well drillers this morning and they said that the static level would be affected quite quickly if the draw down from a significantly deeper well would affect it. This is something that is basically measuring the standing water where it sits right now. This well is approximately 400 feet from my well and believe me, I listened to it for four days when they were drilling it. You said that the static level was 35 feet. The static level of my well as of today is 32 feet. Our well is 69 feet deep. The pump is set at 41 foot. I got a brand new pump about two years ago. It is something that is very simple to do, not very expensive but I think it would show if a well does show signs during the first preliminary pumping, it would behoove the Township to do that and it would also enforce…

Mr. Dorsey: Well the first thing that you have to understand is that your static level has nothing to do with the static level that is in the wells drilled at Turkey Brook Park. It may be at the same distance down but they are not related. At least the experts would say that they are not related. Gene, can you make that test?

Mayor Licitra: I don't know if I was sitting on Sunset Drive if I would feel comfortable. I would question what we are doing because, face it, you need your water. There is no doubt about it but we are going to try and make you as comfortable as we possibly could. The fact is that what Mr. Buczynski said is true. We will try and do everything we possibly could, not to alleviate your fears, but to make them a little less. At that point we will come back to you within the next week or two with a plan.

Mr. Buczynski: Let me just add, Mayor, we are going to investigate the possibility of getting someone out there to do a test if you'll give us permission to observe your well and maybe we'll try and get a couple of more wells. We'll just investigate getting somebody out there and the cost and see if we can look into that.

Mayor Licitra: I think after that maybe what we should try and do is not to have misinformation given out is, what we will do at that point is we will put Mr. Buczynski's statements in writing and try and give it out to as many people around the Sunset Drive area and our findings at that point.

Mr. Pariseau: This was the first time I heard where water enters the well, which I was never familiar with until this morning. It's definitely not my trade.

President Scapicchio: Gene, you'll certainly make the results of that test and that analysis available at a Council workshop or Council public meeting?

Mr. Buczynski: Yes, we just have to find out who we can get to do it as far as the well driller or pumping firm and see what the cost is and get back to the Administration and see when we can schedule it.

Dave Tomb, 84 Sandshore Road: As you all very well aware, we had another sewer spill. As a matter of fact, we had two of them within a given week and I'm not sure of all of the facts and causes of all this. I just want to draw your attention to a letter that was written on behalf of the Lake Association. I personally wrote the letter but the entire committee is the ones who stood behind it. It is dated August 21, 1999, and it addresses the concerns that we had. In general, we feel that the public doesn't know when we have a problem with the Lake. We suggested that not only signs be put out where the problem is but they be put out throughout the entire Lake, at Marinas, the property owners, where the launching ramps are. There were people out there this past weekend after all this spill that had no idea what was going on. When somebody stops them and tells them, hey, by the way, they are grotesquely appalled. It's a blunt way to put it. Something needs to be done. Apparently we did not learn. There are some of you that were on the Council at the time in 1999 and then there are others of you and certainly we've switched Administrations at that point. We also asked that ongoing testing be done periodically throughout the Lake, not just certain areas, for instance, where the beach is. That is the primary concern because it is open to the public, but guess what, so are the Marinas. It is my understanding that when we had the spill, that the testing was done in the local area where the spill came into the Lake, not the rest of the Lake. So they only posted signs near where the spill entered the Lake. Well, it enters the Lake in one spot and it's got to go out in another spot which means that stuff travels with it. It's going to effect people all around the Lake. Is there any preventative maintenance, booms, I don't know, I'm not qualified in this area but is there something that can be done when we have a problem, people who are on call who can react instanteously. I'm on call 24 hours a day 7 days a week. That's the profession I chose to be in. Somebody here….we chose to have sewers around the Lake, why collect all of the sewage out of the entire down so that we can dump it in the Lake? We are having more pollution on a concentrated effort here then if you had little bits seeping in around with the septic tanks we had. I know there is an alarm. Several times I've heard the alarm go off because I live near that last pump house and I've called the Police Department and most of the time they are aware of it. Some of the time, they are not. What's wrong with the alarm system? Again, I don't know what the causes were of what happened this past week but nonetheless, we need immediate action. When there is a problem, we need someone to come out there, figure out what to do, what to remediate so that it doesn't enter the Lake or control it so that very little enters the Lake and then you don't have to post the signs. We have some of our other members here. Doesn't anybody else want to add anything?

Mayor Licitra: Could we deal with something? You made two statements so maybe we'll deal with each one of them. Frank, would you come here and deal with that, please? Come up and sit over here.

Mrs. Miller: This is the public portion. Why do we have our experts taking up the public portion? I think the public should have the…

President Scapicchio: Charlene, I think the public will have an opportunity to speak on any issues as long as they like. The Mayor would like our Health Officer to address some of the questions addressed by the public and I think that is appropriate.

Mrs. Miller: I would like to hear all the public first and then listen to our professionals on this particular subject.

President Scapicchio: We have a member of the public who has posed a question to the Administration. This is the first, tonight is the first official notification that this Council has received in regards to the specifics of this sewer back up and blockage and leakage into Budd Lake. I think it is appropriate that we hear from the Health Officer. Frank? Mayor, is that what you want?

Mayor Licitra: Absolutely. I don't want to get convoluted with four or five other questions. I don't want to answer two at a time. You don't mind do you? Okay, thank you.

Frank Wilpert, Health Officer: Well in order to understand what happened, there is a report that was filed by Mrs. Spencer regarding the incidents. We had a meeting about it, Dave, and you are right. There are certain things that we've identified as being deficient and one of those is that we need to get a better handle on our communication network. We need to really develop that. A lot of things were discussed in terms of developing an early warning system or some type of a flagging system. Quite frankly, the Town doesn't have in place, or Mr. Wilpert(cont'd): doesn't have the capability to do a mass communication network, notification. It becomes very difficult and it breaks down because one of the problems is that we need to identify the players in that communication network. In Mrs. Spencer's report, she outlines that very specifically as to what we discussed. Maybe that is something that we need to put into the record in terms of how this incident occurred, who responded at what point and deficiencies were, what we found to be and what recommendations we would make from the Administrative point of view as to how we could correct that and how we start interfacing a more comprehensive network. That's the best way that I can look at, based on what happened before to what happened now. That communication network still needs to be put in place.

Mr. Tomb: Again, I go back to the first big spill that we had and that, specifically, was addressed in the letter and I do remember comments were made that we need to put a communication network together. Realizing that the Administration has changed, people have changed offices and whatever have, apparently we didn't learn from that one and here we go again. There are comments since the sewer system was put in, since the efforts to clean up the Lake, that the Lake is getting better. It is getting clearer. The fish are coming back. They are stocking it again and now all of a sudden we have a series of problems. This one we are addressing right now is a sewer problem and we didn't learn from the first one. We didn't take action. That is probably a better term. We didn't take action from the first time that it happened. What does it take before we do take that action? That is my concern. What are we going to learn from it and what are the changes that we are going to make. Okay, I guess agree. You've identified the actions that you've taken. You've identified the deficiencies that you have but I'd like to see, on behalf of the Association, the changes that you are going to put in place to address those concerns and the action plan that is going to enforce that and I'd be more than happy if you would send that to my home address.

Mr. Wilpert: I think what we need to do now, Cindy, is refer to your report because you provide that in that report based on our meeting and discussions in terms of the deficiencies and what needs to be done. I think if you hear this report and get a copy of it, I think it will begin to start to allay some of your concerns, address some of your concerns and plus, start moving the ball forward because by and large the communication now, although not 100 percent perfect, was better than it was three years ago because there was zero communication at that point. There is some communication that is going on now, albeit, it's not up to the level that it should be and I think that is where we need input from the Association and your membership as to how you want to present that and make it something that can be a model to other communities.

Mr. Tomb: I'd welcome the opportunity to do that.

Mr. Wilpert: You might want to read the report or if you have a copy of that report, you can certainly highlight that.

Mrs. Spencer: Dave, would you be willing to sit down with us one afternoon and talk about identifying who would be the contacts. There is no way we have the resources to go home by home nor to post every single establishment when one of these things occurs. With the spill on Labor Day, we did do some posting but it was only in certain establishments within where the Health Officer had determined that the spill was contained. Obviously, you have concerns about that and I can understand that everyone would like to know what went on and then you can make your own independent judgments about whether or not you are going to do boating or whatever but we do need the input as to who could be the points that we could get the information out to because we do have limited resources and we cannot go door to door advising people along the Lake.

Mr. Tomb: As I said, the Association would welcome the opportunity to work with the Town. Our biggest issue is the time with scheduling with trying to meet with you to go over this. If we can work out something that is amicable, I'd be more than happy to give you my work number, even my work email, my home email, whatever, but on a regular basis it is very difficult for a lot of us to get here during business hours. We do most of our work on the evenings and weekends.

Mr. Wilpert: That's not a problem. We need to just identify some dates in the future.

Mr. Tomb: I don't think that would be a problem and our President over there is shaking his head, yes, we can go for that.

Mr. Wilpert: Just a comment. Over the course of the past few years and particular subsequent to the dredging that went on and the revitalization of the Lake and so on. Our beach has been in really phenomenal shape as compared to…when I say beach, I mean the municipal beach, but obviously we are talking about expanding the monitoring but over the past at least two years now since we've been sampling, those samples have been well within, well below the State standard. We had one situation where we had a heavy rain and we had an overage but it was not that far over but the following day when we took samples again, it was fine. We've been
Mr. Wilpert (cont'): averaging anywhere between 10 to 70 on a hot day. Given the fact that we've had a drought condition, where very little water is coming from the surface into the Lake to move this. It's been phenomenal.

Mr. Tomb: And I agree but all of a sudden we have this influx. One little incident is going to destroy all the records that we've made so far.

Mr. Wilpert: I might add also that we did do some sampling yesterday following up as a result of the spill and the samples, I have the results here. I can certainly give you a copy. I think I gave the membership some information and I went over it briefly with them. The numbers look good. What we talked about too was briefly expanding our sampling locations. Perhaps do some kind of monitoring, put together a plan so that for next year when we start the sampling, we'll get a baseline of information on the Lake that would be available to everyone. Key to this is developing an early warning system or warning mechanism and getting it in writing so that everyone is on the same page.

Mr. Tomb: I agree.

Mr. Perkins: I appreciate the Association's willingness to help especially in something like this and updates of the Township's emergency response plan should always include some of the associations that may have a little more expertise than some of our professionals that are there. I'm not sure where the emergency response plan fell apart or was not followed in this instance, if in fact it was or wasn't. Again, it happened. I know that I was personally out there on the Labor Day weekend. I went out with the Health Officer. I'm confident that our people did do what was required. The right people were notified, albeit, not in some sequential order. It should have been done but they were done and, again, I appreciate the Association's willingness to help them.

Mr. Greenbaum: I think that this is of such critical importance that we need to have some type of tickler system put in place as Council members to make sure that this issue gets addressed to everyone's liking, to everyone's satisfaction now as opposed to two years from now when we have this problem again. So Dave doesn't come back in two years and say, I was here in 99, I was here in 2002, so I think what we need to do is relist it.

President Scapicchio: In Cynthia's report here that is dated September 10 or stamped as received on September 10, there is no formal standard operating procedure put in place and I guess the recommendation is that we formulate one. Rob would you want to have a Council subcommittee work with the Administration and either the Lake Association or some residents to put together a standard operating procedure to be followed.

Mr. Greenbaum: I don't know if we necessarily need a subcommittee as opposed to a liaison, one person from Council just to make sure, I agree that we need a written standard operating procedure and I agree that we need to get it done now. This can't be an issue that just falls through the cracks again which is likely to happen unless we place the proper importance on this issue that it deserves. I agree with that. I think we should get it done within the next month and bring it back to Council and just get the policy in place so that everyone is satisfied that everything that can be done is being done and it is being done in accordance with the policy that everyone has agreed with.

Mrs. Miller: My question is more from my own personal observations. Today when I came home at 4 o'clock, I could smell something that did not smell. I don't know what raw sewage really smells like because I haven't had any problems with my septic tank in a long time but it really did smell. It was a very strong smell. It was around the Pavilion area. I was coming home today around 4 o'clock so if everything has been done, why do we still have a smell there?

Mr. Tomb: The possibility for that is, as you know we are in a drought situation and the Lake has lowered a little bit as a result of that. There is probably still going to be, there is where a lot of the effluent has entered the Lake. There is probably still going to be a concentration there and it is very stagnant water especially with no flow from stream runoff or whatever. So you probably will smell it there. It was a particularly warm day today. It was very sunny baking on it. That might be what it is. I'm not making excuses for it and maybe even there is a way we can clean that up. I don't know. If you were around the Pavilion area that is probably what you smelled.

Mrs. Miller: I'd like to hear from our professionals too rather than the Lake Committee's assumptions. I'd like to hear what our professionals comments are, why it should be smelling at this late date.

Mr. Wilpert: Just so you know, Dave, and you probably don't have this, we did do testing. I think I mentioned that earlier yesterday and those results came back well below or within State standards. In that area where Mrs. Miller is questioning, it was a count of 40 as opposed to the 200 standard so it was well below the State level. In Mr. Wilpert (cont'): addition, it was even below the original testing of 840 that we had gotten just above the Chapel area and the Boat House. I have a map here. I'm sorry I didn't get it to you sooner. The gentlemen have it there. I explained it to them. I wish I'd have know about the odor. We could have responded and maybe done a sniff test out there or something.

Mr. Guenther: I'd like to volunteer to be the Council liaison to that Committee that Rob suggested.

President Scapicchio: Bernie, you can if you want. I was sort of thinking that Ray, as the Board of Health Chairman, may be in a better position to do that, Ray?

Mr. Perkins: That is fantastic with me, Dave, I'd like to work together with Frank and the rest of the folks there to come up with some SOP for this.

President Scapicchio: Bernie, is that okay with you?

Mr. Guenther: That's fine. You are right.

President Scapicchio: I'm going to have Lisa put this on the Agenda under Council reports, Ray, so you can update us on a weekly basis based on whatever progress the Administration is making.

Mr. Rattner: I want to put everything in the proper perspective. I did write a memo and part of the reason for the memo was to put down the things I observed and where I think things probably went right. The notification is something and I did have a lot of concerns without because when you have any big system, there are going to be break downs, it could be electrical, it could be a storm, it could be a lot of things, it could be vandalism that we've had before. I do want to say that I happened to pass by around 11:30. I got called out. There were already plenty of spectators around and when they told me the different concerns and everything else, I came down around 11:30 to the Municipal Building and I asked the dispatcher what had been going on. They told me that the first call was received about 10:40, that they dispatched a patrol car that went down there and looked at the situation and said call out Water and Sewer, which we had somebody on. I guess they were called and were there within about 5 minutes. They told me that they had already called and the Public Works Director was already on his way. They were attempting to contact, they had already gone down the list on the Health Department. I did come back down to the site around noon. This time the Public Works Director was there and he told me that he'd already notified the DEP. He was trying to get the Health Officer down so they could evaluate that. He expected his whole crew and his equipment to be there momentarily and it arrived while I was there and I would imagine they had the flow stopped within about 10 minutes. Something like that. I know from talking to other people, they saw them on the site later on sanitizing the road. That part, I think they responded appropriately. Obviously, the concern was that day, thank god it was bad weather, that on the Oasis Beach they probably had 300 people that was right down in the area where it was coming because it was Labor Day weekend. There would have been a lot of other people. We know we have a lot of beaches down there. I think that is really what we have to do. Every other place that has different problems, they are able to get notification out whether it is bright placards that are just immediately on saw horses or something but other places seem to be able to get people out of the water. If people are on the Lake, I don't know how we are going to do that. We'll have to put up a flag or some other type of code but we have to be able to get out there immediately if we see something to get people out of the water. I heard the counts were pretty high in a couple specific locations from the Tuesday test so obviously there could have been, if it was nice weather, a health issue and that is what we have to make sure we avoid. That is the purpose of government, to protect the population and something like that may be difficult but we have to find a way to do it. I think that Mark's department responded and, in fact, the last sentence in my report, I left to let him do his work because it looked like everything was under control and when I looked at the timing and everything else, they got there fairly quickly.

President Scapicchio: Mark, since the Council really hasn't had any official report on this incident, can you give us that since you are here tonight, please?

Mark DiGennaro, DPW Director: I can have copies made for you. They have this one?

President Scapicchio: Just give us a general overview?

Mr. DiGennaro: As Mr. Rattner indicated, the police were notified at approximately 10:40 in the morning. We had on Monday, it was Labor Day, we had a regular scheduled employee on staff to do the rounds of our facilities for water and sewer that day so he was quick to respond to the site and he had gotten there within 5 to 10 minutes. At 11 am, he had called me and apprised me of the situation and we also called in from the Holiday to come in to assist. I had called the Department of Environmental Protection and notified them of the situation and then I responded to the site where I evaluated it. Once I saw the conditions, I called the DEP once again and requested DEP assistance in cleaning up this matter. About a half hour afterwards, the section chief from the
Mr. DiGennaro (cont'd): DEP called me on my cell phone and he guided me accordingly and I gave him the information that was taking place on the clean up and basically he was satisfied with the actions that we had taken. The sewage, unfortunately, did enter a catch basin that was adjacent and into the brook which was a direct line to Budd Lake, however, there were no visible solids which would require any type of containment or booming that you had indicated. We had also investigated the outfall at the Lake and we inspected that as well and there was no visible signs of papers and solids whatsoever. I had called the DEP once again at his home and I asked him if he had any reservations. The wind was in my face. The water seemed to stay within the channel. It was really moving out. It was somewhat stagnant in nature and I had asked if he had any concerns or if he had a desire for me to introduce any type of chlorine to that channel to try to help disinfect and he advised against that. They used to follow that procedure and they've change their protocol. At that point, it was about 2:30 and we packed up and we left the site. I've prepared a report that was submitted to the DEP as they require on Thursday. I forwarded a copy. I assume Council has it as well that explains in more detail. As far as our response, I feel that it being a Holiday and being able to get the guys in in the timely fashion that we did, I'm confident that we did respond properly. I can't say that there was anything on my end, as far as the Public Works Department and the guys in the Water and Sewer Department that they could have done in addition to contain this matter. It was sewage that was flowing roughly 10 to 20 gallons a minute in to the storm drain. It is difficult to contain that volume of water. I don't know how we could do that. If I may, address Mr. Tomb's concern with regards to on call. We do have a rotating list and there is a procedure written for the police dispatch units to call our water and sewer personnel. If there are seven members in that water and sewer department, not including myself, if at any point they cannot be reached, they reach me. I'll then be able to get in touch with somebody. With regards to alarms, we have set up temporary alarms in each one of our pump stations. We've increase the amount of audible and visual devices so that when the alarm does sound, it will be an annoying sound, somebody will see it, somebody will hear it. In addition, there is an alarm dialer which is programmed in to each pump station. That dialer, once there is an alert condition, that dialer dials a series of phone numbers, one of which is my cell phone. That continues to dial until authorized personnel from the sewer department can acknowledge the alarm. If one of us doesn't acknowledge the alarm, the alarm continues to ring. The Police Department will get the call and they will call the proper on-call water and sewer individual for that week and that individual will acknowledge the alarm and respond. If that doesn't happen, the call comes to me. If I can't get somebody, I'll acknowledge the alarm and respond myself. There is a procedure in place with regards to emergency responses to the pump stations and the alarms. It's been working very well for them. It's been very reliable to date.

Mayor Licitra: This is all subject to change any way when you meet with this committee, this is all going to be discussed and redefined.

Mr. DiGennaro: I had a conversation. I'd spoken to Herb, I don't know your last name. I know we talked out there on site and also Mr. Thiele. I don't know if he is in the audience anywhere. We had a pleasant conversation twice this past week and I look forward to being able to work with you and try to tighten up where we can where our operation is concerned so that we can avoid this type of situation so that everyone can be notified properly. You folks are out there. You see things. We are in a position to respond to problems and if you have a situation where you need my assistance, I'm always available. I'd be happy to meet. When you have your committee meetings, I'm not sure when you have those but I'd be happy to attend and discuss some of those issues with you.

Mr. Wilpert: Just one other thing that I might add to that. This is still not over. This is still under investigation in terms of what the cause is and who is responsible. There are some enforcement issues that may be going on in terms of the blockage itself. We are working very closely with NJDEP, our office to try and come up with and identify the source.

Mr. Tomb: Which is fine.

Mr. Wilpert: I think part of that problem too, Dave, is that we need to do whatever enforcement is necessary to insure that these types of things don't happen.

Mr. Tomb: That's definitely part of it. I think we need to address the early response.

Mr. Wilpert: I want to assure you that when we come upon these situations, it just doesn't stop there. This investigation is on going in concert with DEP.

President Scapicchio: We are in recent of two letters that are signed by you to local restaurants indicating that they are in violation of certain requirements to clean some grease traps which you've indicated in your letter seem to be the primary cause of this back up. Can you add?

Mr. Wilpert: I don't really want to discuss that.

Mr. Dorsey: It's in the enforcement phase now.

Mr. Wilpert: We are looking at some areas of interest and concern.

President Scapicchio: I think the important lesson that we learn and I'm certain that the Administration and the Mayor's Department Heads who are involved in this understand that each time and occurrence happens like this, they improve the response and the reaction. I think that is what you see happening here now.

Dave Thiele, 24 Spring St.: At this last incident, I was one of the observers and I feel that the Town did a very good job controlling it at the time they arrived. I guess a lot of it was that maybe we didn't really call sooner. People were just to busy to recognize that there was a problem. As an Association we've been trying to be more observant, kind of like the watch dogs of the neighborhood, you might say. Any way we can work together with the Town to reach a common ground and make the Lake a safer place for the future and everyone who likes living here. We'd like to take our hand out and try and work together because the Lake is a very important resource and we've got a lot of responsibility to the future of the Lake and our families and generations to come. Thank you.

Mayor Licitra: You've worked with me before so you know that this is going to get attention and we'll get you the answers. You also know that there were a lot of holes in the dike and working with you people from the beginning. We'll never get it perfect but let's get it better than what it is. I think you deserve that and I think the Lake deserves that because we've done so much to try and improve the quality of the Lake. Your Association has always been gentlemanly to us, at least to this Administration, we definitely want to work with you not only for the betterment of the Lake but also to help your Association. We will, I promise you that.

Mr. Thiele: Thank you Mayor.

Mr. Tomb: May I continue on a different item while I'm up here? I noticed on your Agenda, Letters from Residents, the first one is a letter that I wrote regarding the fuel spill. I apologized in the letter that I might have raised a few eyebrows and some concerns. I never intended to do that. Again, I was something that was an unfortunate incident and I want everyone to learn from that and move forward. If there is something that we can, that was written as an individual because it was directly affecting me but I'm sure the Association would welcome the opportunity to work on that. If not, I'll do it on my own but since it is on the Agenda and it is after the public portion, if there are any questions or not? I don't know if this is proper or not, Mr. President, but if there are questions on that, I'd be more than happy to answer that now. Thank you.

ADMINISTRATIVE MATTERS

Mayor Licitra: 7:00 tomorrow night, I give the invitation to everyone and everyone in the audience on our, not a Memorial Mass, our service. We had 600-700 people last time. I would hope that we at least have that many this time and the weather holds out. The invitation is extended to the Council
and the public. The same court yard as we used the last time.

President Scapicchio: In the court yard in front of the Municipal Building.

Mayor Licitra: And the Clergy will be putting on a service.

Mr. Guenther: Actually, it's the back of the Municipal Building.

President Scapicchio: Mayor, Lisa has informed me that if it rains that it will be held at the Middle
School.

PUBLIC HEARING ON MORRIS COUNTY OPEN SPACE APPLICATIONS
" Baptist Church, Block 7801 Lot 8
" Vasa Park, Block 8103 Lot 1, portion

Kathy Murphy: Good evening. We have two applications in which we need to have a Public Hearing. We have actually discussed them at some length previously but for the record the Township is applying for two applications, one for the Baptist Church property. Across from the Baptist Church which is next door to us, they own a vacant lot across the street. It is sort of diagonal from this property. It is about 40 acres of wetlands and there is a second piece of property at this point that they are going to be also selling to the Town in a one package deal. That is the little old Baptist Church and the little school next to it with the cemetery, which is all part of this whole deal that we are trying to conclude. So we are going to apply for that using Open Space funds. We are requesting that we get some funding from the Morris County Open Space Fund and also money Mrs. Murphy(cont'd): from Green Acres to help us conclude the purchase. The second application is to purchase a conservation easement on a portion of Vasa Park. Vasa Park is 122 acres in size. Of course there are about 90 homes back there and they have public community buildings. What we are proposing to do is purchase a conservation easement which would protect mostly the rear and southern portion of the property from future development and protect the wetlands and river corridor. A conservation easement allows the owners to retain ownership of the property but they would forfeit any rights to develop the property for housing, etc. They would have to keep it as a conservation area. With that we would look to gain public access for a trail along the river. So those are our two applications. A third one is also for the Church of Light which we have previously discussed. If there is any questions from the public or comments from the Council I will be willing to discuss those.

Mr. Perkins: Kathy on the conservation easement for Vasa, will that preclude any utilities utilizing that conservation easement also?

Mrs. Murphy: As far as for example well drilling or whatever?

Mr. Perkins: For water distribution, and sewers etc…

Mrs. Murphy: That is usually a negotiable point.

Mr. Perkins: Can we get language in there that it would be exempt and that they would not be able to utilize that.

Mrs. Murphy: We could certainly bring that up.

Mr. Perkins: It isn't is nice to have a conservation easement if somebody starts ripping it up to put water and sewer lines through there for a development that is adjacent to it.

Mrs. Murphy: I don't believe you would be able to then putting water and sewer lines in it, but…

Mr. Dorsey: She has given the right answer. It is all negotiable and depends on how it is written. So if that is what you want.

Mrs. Murphy: If that is a priority piece for negotiation we could certainly include that, okay.

Mrs. Miller: I just want to comment that both of these properties I think are worthy of the Open Space applications. First of all the Baptist Church, having property close to the Municipal Building I think is going to benefit our little hub or center that we are trying to create here and I Mrs. Miller especially like having the old church and the graveyard and the old school house in and I believe that will allow us to also have funding from the historic funding sources so I think that this is a marvelous opportunity that we would be crazy to bypass. The Vasa Park, I think that is important because we have conservation easements like you say that means that no development would happen on that portion yet they would still be the caretakers of that property. So that sort of relieves us from maintenance and I think it is important because it just so happens that around that area there's a developer's that would probably very much like to get a hold of that property. I think it is a step in the right direction to preserving portions of the Raritan River and it would be the first really big chunk I think along the Raritan River between Washington Township and our Lake.

Mrs. Murphy: Until you get all the way to the Tarn, there is virtually no Open Space protected along the South Branch.

Mrs. Miller: This is sort of like getting our foot in the door and hopefully, especially if the developer next to that ever comes before Planning Board, something we could certainly encourage a corridor from this area in either direction. So I think it is a very important first step.

Mrs. Murphy: Governor McGreevy has passed an executive order basically directing Green Acres to prioritize the acquisition of stream corridor. So this would be very high on their list to try to protect and as far as the Baptist Church property it has stream corridor for a trout production stream and the Town does own some property next to that, so it would build on that stream corridor and hopefully connect, eventually between Wolfe Road over to Mt. Olive Road with additional open space that we potentially may acquire if Jen III is approved for development.

Mrs. Miller: These applications are definitely a win win situation so we really have to go after it.

President Scapicchio: Anyone from the public wish to comment on these open Space Application. Seeing none. Council, we have a resolution that I am going to ask Mr. Rattner to move Resolution No. 11.

1. Resolution of the Township Council of the Township of Mount Olive Authorizing the Submission of an Application to the Morris County Open Space and Farmland Preservation Trust Fund. (Baptist Church & Vasa Park).

Mr. Rattner moved for approval resolution No. 11 and Mr. Perkins seconded the motion.

President Scapicchio: Anyone from the public wish to comment on this resolution? Seeing none, Council comments?

Mr. Guenther: I just want to add my two cents worth to sort of underline what Charlene said. Both these properties are very important to our entire program and what we are trying to do to preserve open space and keep Mount Olive green.

ROLL CALL: Passed Unanimously

TURKEY BROOK PARK PROJECT STATUS

Mrs. Spencer: Yes, Gene is going to give us tonight's project update.

President Scapicchio: Is Gene going to give us those reports from this point forward?

Mrs. Spencer: Whenever he is here.

President Scapicchio: Is it your intention for him to give these reports at every meeting?

Mrs. Spencer: Yes.

Mr. Buczynski: As far as the park construction, it is basically 70% completed. The main issue I was going to discuss is the well which we discussed earlier. Sod should be placed on the field, someone said 9/15, it is really 9/20 is when it is planned right now, weather permitting, of course. The paving of the access road should commence tomorrow. That is the plan. I think it is going to be on schedule.

President Scapicchio: Is that the top course?

Mr. Buczynski: Yes. The drilling of the second well probably will commence next week. We are still waiting for the well driller to get his permits. If anyone has been on site, the access road adjacent to the detention basin for the GPU poles has been installed by Town forces and that is ready to go. We are just waiting for GPU to come on site to install the poles. I think we could expect them probably next week. Also, there is some clean up and regarding in front of the site which was also done by Town forces. Overall, we are definitely still in the right direction and we are getting toward home base right now. Things are looking pretty good. There are a few things we have to get right now. We have to get the irrigation system going of course. We've got to get the power so we can get the permanent pump in the well. I think what is going to happen, we will probably have the second well drilled and we'll be able to know right away what we have for the yield in that well and we'll see where we are going to go and if we are even going to use the first well. That's all I have right now.

Mr. Guenther: I haven't been up there in possibly a week. Has the fence been put up again around the Seward House, around the back of it? Because it was taken down apparently because of some grading that they had to do for the access road and part of the fence is down around the one side where they put up the sign and from that point on forward and to the back, the fence is gone.

Mr. Buczynski: I don't the fence has been installed yet. I don't believe so.

Jim Lynch, Supervisor of Bldgs., Grounds & Parks: I at the site this afternoon. The fence is still not restored. Once they complete their paving work on the access road, I believe that is when the intend to restore it because until then they have to maintain the integrity of the slopes leading to the access road. I will clarify that this week and we'll make sure that gets back up as soon as we can.

Mrs. Miller: Are we going to fence in the detention basis since it is going to have water in it all the time.

President Scapicchio: Charlene, that is an issue for this Council to address.

Mrs. Miller: I don't want it to fall between the cracks.

President Scapicchio: Lisa, why don't we schedule that for the next workshop - the discussion of fencing around that detention basin around Turkey Brook Park. Charlene, we've got that scheduled for the next available workshop, okay.

Mr. Greenbaum: Two issues, one, Gene, are there any change orders out there that we don't know about or have we been advised as to all the change orders to date.

Mr. Buczynski: The only one that we talked about and it's not really going to be a change order, the decision has been made already, the regarding of the two fields because of a flaw in the design plans from Olympus. I think Mr. Dorsey sent a letter to Council and the Administration regarding that. Other than that, I'm sure there might be some small ones coming in. I have nothing on the books for a change order. I am not aware of anything at this point. I'm sure there may be something coming up, but nothing of major importance.

Mr. Greenbaum: The other issue I had with regard to Turkey Brook is the Seward Mansion itself. At some point the decision is going to have to be made with what to do with that building. I know that there has been a great push to try and find alternative funding to restore that building and to utilize that building. At some point Council is going to have to make the decision that that funding is either not going to happen, that the building is going to have to be demolished or that we are willing to give more time to get the funding because a lot of people have been coming up to me and asking me what's happening, why is it still there, is it going to be fixed up and we spent all of this money to have the project and I'd love to be able to restore that building, obviously we don't have the money to do it and at some point we are going to have to make the decision. We are going to have to draw a line in the sand and say, what are we doing here.

Mr. Guenther: I'm very much in favor of restoring. I've talked with Thea Dunkle various times. She is in the process, first of all she is trying to get a tarp so that they can cover it and prevent further deterioration of the building. It just seems like, I'm really kind of surprised that you bring it up now, Rob, because we have to give these things a chance. They have to put in for grants. We have to give them some time. It is not an issue where we can expect to get quick results. We have nothing in this Town that has any historical significance except the Baptist Church which doesn't have an official historic designation. There used to be a historical zone down off River Road, there were some cute older buildings down there and that was eliminated in the change a couple of Master Plans ago. I guess we have Flanders Village, but we have nothing. There is no heritage, there are no roots. If you go to every town in this area, Roxbury has about four or five different sections where they have little historic areas and they have preserved buildings. Washington Township is the same way. You go to every surrounding community, there is a certain sense of pride in a symbol that is there. This is a significant symbol. I understand it is going to cost an awful lot of money but I really think we should make an all out effort. I'm not saying using Town funds but Kathy Murphy is sitting in the audience and she's done wonderful things as far as getting grants off the ground. I'm sure there is so much federal and state money out there for things of this nature that I think we just have to really apply ourselves to go after. I feel very strongly about this. This is our biggest public park with a lot of public exposure. This could be used as a club house, a meeting house, community activities that would be a tremendous boom to the Town as a symbol of something which we really don't have.

Mr. Greenbaum: I agree with Bernie. I'd really like to see it restored and that is why I raised the issue. I want to see the game plan. I want to know what the time frame is. If she is going to tell me that it is going to take 10 years to put the funding in place, then it helps me make my decision. If she tells me, that Thea is going to know where she is going in two years with regard to this project, that she will have exhausted all of her remedies, that is something I want to know. I would love to see the building restored. Bernie, to the extent that you got the sense from me that I want to knock this building down, that is not the case. I just want to know what the game plan is. What the strategy is in terms of trying to get funding to restore the building.

Mr. Spino: I agree with everything that Bernie said. I think we started it tonight by trying, we are planning to acquire the one room school house, which I also think that we should have an interest in restoring with the Jerseyman Club from the High School. I would be in favor of waiting for as long as it takes to get the money. I would put no time limit on it. If we can get it covered and put the fence back up and make sure it is safe so that people can't get in there, and there is no further deterioration, the house stays as long as it takes.

Mr. Rattner: With Seward house, I know when it first came up, we started looking at it, oh, how much it was going to cost to refurbish it and I got discouraged and thought there were better things to do with the money. One of the things that we did do was put the fence around it to stabilize it and make sure it is safe. Now that the field has been cleaned up, it's a gorgeous building, even the facade that is still there. You can go around a lot of different towns and you'll see foundations, walls, partial things, just showing what it was and if you can fix it Mr. Rattner (cont'd): and stabilize it, that's gorgeous. I was in Italy two years ago and you know how they are in Europe. If there are a couple of rocks left over from something that was built 700 years ago and people are running around the world to go see it, circus maximus has condos that were built in the second century A.D. that are in ruins and they left them there and stabilized them, the market place which was the early mall built around 50 A.D. that was destroyed in World War II. We can do that. The other thing that we have to look at is tonight we are going to be voting on a resolution that is going to support the referendum that the Freeholders have put on the ballot this fall that will allow one quarter of a cent of the open space tax, not a new tax but just using some of that to be used for acquiring and rehabilitation of historic sites. We have been very successful in getting funds for Green Acres. I have no doubt that we can be successful in getting funds to do that. I don't think we are ever going to rebuild it. I heard some of the numbers and unless some benefactor comes along but I think we can stabilize it. I think we can make it into something that we can be proud to show off.

President Scapicchio: Gene, anything else on Turkey Brook Park? Legal Matters, Mr. Dorsey?

LEGAL MATTERS

Mr. Dorsey: We made the offer to Vollers. We haven't gotten a response from them. We did send them a general release. We gave them the choices, either settle now at Rob Greenbaum's number or spend three years in court. The other thing is, that has to do with an extra for Vollers at Turkey Brook. Vollers and AIG Baker are in horrendous litigation, which we've been removed, to the federal court. Vollers claims it is owed $2.5 million. AIG Baker claims that Vollers stole from AIG. In any event, one of the few times that one of my clauses of indemnification and defense and hold harmless has come in to play. I made a demand on AIG Baker to defend the Township in connection with the suit brought by Vollers and they have now accepted as their obligation. Therefore, they are defending the Township's interests.

President Scapicchio: Thank you, Mr. Dorsey. We have the approval of Minutes.

APPROVAL OF MINUTES OF PREVIOUS MEETINGS:

August 20, 2002 CS Present: Mr. Guenther, Mrs. Miller, Mr. Rattner, Mr. Greenbaum, Mr. Perkins (excused himself from discussion), Mr. Spino
Absent: President Scapicchio

May 8, 2001 Present: Mr. Heymann, Mr. Sohl, Mrs. Kelly, Mr. Scapicchio
Absent: Mr. Guenther, Mr. Spino, President Rattner

June 19, 2001 Present: Mr. Guenther, Mr. Sohl, Mrs. Kelly, Mr. Spino, Mr. Scapicchio (8:20 pm), Mr.
Heymann (7:45 pm), President Rattner
Absent: None

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

Mr. Rattner: One thing. You keep hearing about timing, timing is everything. In looking over the Minutes, one of them was rather old and they other is the passage of time clarifies a lot of situations. Two things that I thought were rather interesting in the Minutes if you read them. One, in these Minutes, the Mayor was justifying why our previous Business Administrator deserved the largest raise in Town. I thought that was interesting, but the other and more serious is that it was our discussion over a letter of reprimand that was made again the Township Clerk. If you remember, the letter of reprimand was because of an outburst she had when was asked to sign a document that she felt was false and I think after some of the situations that we've just had, as I said clarifying and probably may be now making it more plausible of the whole situation, we should look at that situation again now because at the time I said that I thought that was harsh for a single outburst after 17 years for something that we've all probably said in our own discussions, even though we know it was something said that was probably inappropriate in a business office of any business, however, now understanding why and some of the other situations and just from a situation of fairness, I think that, not tonight, I have a recommendation on that that I would like to address at a later meeting. I suggest that everyone reads those Minutes. I think it is very interesting.

President Scapicchio: So noted, Steve, thank you. Anyone else on the Minutes?

ROLL CALL: Passed Unanimously with the exceptions:
Mr. Greenbaum abstained on May 8, 2001 and June 19, 2001
Mr. Perkins abstained on all
Mr. Spino abstained on May 8, 2001
Mr. Guenther abstained on May 8, 2001
Mr. Scapicchio abstained on August 20, 2002

President Scapicchio: We have 28 letters of Correspondence. Anyone from the Council?

CORRESPONDENCE

Letters from Residents

1. Letter received September 3, 2002, from Dave Tomb (84 Sandshore Road) regarding Incidents surrounding garbage truck fire on August 2, 2002.

Resolutions, Ordinances, Correspondence from Other Municipalities

2. Resolution received August 19, 2002, from the Township of South Brunswick regarding the Migratory Bird Treaty Act.

3. Ordinance received August 19, 2002, from the Township of Chester regarding Land Use.

4. Ordinance received August 22, 2002, from Washington Township regarding Land Use.

5. Resolution received August 22, 2002, from Palisades Park Commission and the Highlands Coalition regarding Support of the Highlands Stewardship Act.

6. Ordinance received August 26, 2002, from the Township of Roxbury regarding Land Use.

7. Resolution received August 27, 2002, from the Township of Hardyston regarding Assembly Bill 2419. (Restoring funding to the Watershed Moratorium Offset Aid Program)

8. Resolution received September 5, 2002, from the Township of Roxbury regarding Amendments to the Roxbury Township Master Plan Land Plan Element and Housing Plan Element and Fair Share Plan.

9. Resolution received September 6, 2002, from the Town of Boonton regarding Clean Communities Bill.

League of Municipalities

10. E-mail received August 19, 2002, from the New Jersey State League of Municipalities regarding the NJ Builders Association - COAH Motion.

11. Letter received August 20, 2002, from the New Jersey State League of Municipalities regarding League Policy and Procedures on Conference Resolutions.

12. Letter received August 28, 2002, from Morris County League of Municipalities regarding Association Land Use Seminar - September 30th.

DOT/DEP/Permit's/LOI's

13. Letter received August 20, 2002, from Giordano, Halleran & Ciesla regarding Application of Oakwood Village Sewerage Associates, LLC for Approval of (A) Service Area, (B) Issuance of Equity Interests, and (C) Initial Tariff Docket No. WE 00120986.

14. Permit received August 22, 2002, from the State of New Jersey regarding Stream Encroachment Permit for Informational Services International.

15. Letter received August 23, 2002, from the State of New Jersey, Department of Environmental Protection regarding Letter of Interpretation - Presence / Absence Extension Applicant: New Jersey Foreign Trade Zone Block 202; Lot 1. (International Drive, Vacant Land)

16. Letter received August 29, 2002, from the State of New Jersey, Department of Environmental Protection regarding Letter of Interpretation: Presence / Absence Determination for Footprint of Disturbance. Applicant: Musconetcong Sewerage Authority Block 201; Lot 3 (10 Continental Drive)

17. Letter received August 29, 2002, from Glasson Environmental Services Regarding Application for a Letter of Interpretation. Applicant: Mr. Dimitri Mathews c/o Chester Hills Diner. Lot 4 Block 6600 (370 Route 206)

18. Letter received September 3, 2002, from the State of New Jersey, Division of Ratepayer Advocate Re: I/M/O Application of Oakwood Village Sewerage Associates, LLC for Approval of (A) Service Area; (B) Issuance of Equity Interests, and (C) Initial Tariff-Revised Petition.

19. Letter received September 3, 2002, from the State of New Jersey, Division of the Ratepayer Advocate regarding I/M/O Application of Oakwood Village Sewerage Associates, LLC for Approval of (A) Service Area; (B) Issuance of Equity Interests, and (C) Initial Tariff - Revised Petition.

20. Permit received September 6, 2002, from the State of New Jersey, Department of Environmental Protection regarding Stream Encroachment for American Instants, Inc. Block 6801, Lot 4, 5 (2,000 feet Southwesterly of the intersection of Route 206 and Bartley Flanders Road)

Correspondence from Legislative Representatives

21. Letter received August 23, 2002, from Assemblyman Garrett regarding a Resolution adopted by Mt. Olive to Increase fees for the registration of all terrain vehicles.

22. Letter received August 28, 2002, from Senator Bagger, Assemblyman Kean and Assemblyman Munoz regarding Resolution sent to them by Mount Olive regarding Governor McGreevey's freeze in State Aid to School districts.

Correspondence from Organizations / Committees / Boards

23. E-mail received August 20, 2002, from the State of New Jersey regarding Administrative Order 2002-21. (Water Conservation)

24. E-mail received August 20, 2002, from the State of New Jersey regarding Administrative Order 2002-20, and 2002-18. (Water Use restrictions)

Utilities / Cable

25. Notice received August 23, 2002, from Elizabeth Gas regarding Public Hearings regarding Proposed Gas Base Rate Increases and Depreciation Rate Changes.

26. Letter received August 29, 2002, from New Jersey Natural Gas regarding enforcement of the Uniform Fire Code.

27. Letter received September 5, 2002, from Comcast Special Programming in remembrance of September 11th.

28. Letter received September 5, 2002, from The MWW Group / Strategic Communications Counsel regarding YES Network.

ORDINANCES FOR PUBLIC HEARING

President Scapicchio opened the hearing to the public on the following ordinance:

Ord. #34-2002 An Ordinance of the Township Council of the Township of Mount Olive Establishing Salaries of the Department Heads, Supervisory and Certain Non-Union Personnel and for the Employees of the Township Clerk's Office for the Year 2002.

President Scapicchio closed the hearing to the public.

Mr. Rattner moved for adoption and final passage of Ord. #34-2002 and Mr. Guenther seconded the motion.

ROLL CALL: Passed Unanimously with the exception, Mr. Spino abstained

President Scapicchio declared Ord. #34-2002 as passed on second reading.

ORDINANCES FOR FIRST READING (2nd Reading/Public Hearing October 1, 2002)

Ord. #38-2002 An Ordinance of the Township of Mount Olive Authorizing the Purchase of a Conservation Easement/Development Rights Across Lot 16, Block 7100 and Lot 54, Block 5300 on the Tax Assessment Maps of the Township of Mount Olive Which Property is Commonly Referred to as the Devlin Property and Appropriating the Sum of $530,000.00. amended "An Ordinance of the Township of Mount Olive Authorizing the Purchase of a Conservation Easement/Development Rights Across Lot 16, Block 7100 and Lot 54, Block 5300 on the Tax Assessment Maps of the Township of Mount Olive Which Property is Commonly Referred to as the Devlin Property and Appropriating the Sum of $142,500.00.

Mr. Greenbaum moved that Ord. #38-2002 introduced by title and passed on first reading, that a meeting be
held on October 1, 2002, at 7:30 pm in the Municipal Building, 204 Flanders-Drakestown Road, Mount Olive,
NJ, for a public hearing, consideration of second reading and passage of said ordinance and Mrs. Miller
seconded the motion.

ROLL CALL: Passed Unanimously

Mrs. Miller: I did want to make a comment but you passed the comment period rather quickly.

President Scapicchio: I'm sorry, Charlene, did you want to say something.

Mrs. Miller: I just wanted to say that this is another wonderful example of partnership between the Morris
Land Conservancy and our Open Space Committee in trying to preserve land, again, through conservation
easements whereas the property owner will continue to have the land and management the land but no
development will be allowed on the land. I think that this is something, another way of preserving open space
that is becoming very viable, perhaps very popular in the future.

President Scapicchio: Thanks, Charlene. I'm sorry for going so fast.

Ord. #39-2002 An Ordinance to Vacate a Portion of Clinton Avenue. (Dan & Fran Nelson Subdivision)

Mr. Perkins moved that Ord. #39-2002 introduced by title and passed on first reading, that a meeting be
held on October 1, 2002, at 7:30 pm in the Municipal Building, 204 Flanders-Drakestown Road, Mount Olive,
NJ, for a public hearing, consideration of second reading and passage of said ordinance and Mrs. Miller
seconded the motion.

ROLL CALL: Passed Unanimously

CONSENT RESOLUTIONS AGENDA:

Resolutions on the Consent Agenda List are considered to be routine and non-controversial by the Township Council and will be approved by one motion (one vote). There will be no separate discussion or debate on each of these resolutions except for the possibility of brief clarifying statements that may be offered. If one or more Council member requests, any individual resolution on the Consent Agenda may be removed from the Consent Agenda List and acted on separately.

CONSENT RESOLUTIONS

MOTION TO APPROVE CONSENT RESOLUTIONS AGENDA

Mr. Guenther: I'd like to move to take a resolution off the Consent for separate discussion, Number 6.

President Scapicchio: I'm told that Number 5 needs some discussion also.

Mr. Guenther: Number 10 was already approved so take that….

President Scapicchio: No, Number 11 was already approved.

Mrs. Miller: What about 3 and 4?

President Scapicchio: They are removed. They are off.

Mrs. Spencer: We'd like to put them back on in two weeks at the time that the Capital Ordinance is approved.

President Scapicchio: So we have Consent Resolutions Number 1, 2, 7-10..

Mr. Guenther: Number 5 is on, I asked to take Number 6 off.

President Scapicchio: Number 5 is off. I was told in the beginning of the meeting by the Clerk that there were several additions related to the wording of that ordinance.

Mrs. Miller: Wouldn't it be easier if you just say, Numbers 1 through 15 excluding 3, 4, 5, 6 & 11.

President Scapicchio: Okay, Council President. Will a Council member move that Consent Resolution Agenda, please.

Mrs. Miller moved for approval of Resolution Numbers 1 through 15 excluding 3, 4, 5, 6 & 11 and Mr. Rattner seconded the motion.

PUBLIC PORTION ON CONSENT RESOLUTIONS

1. Resolution of the Township Council of the Township of Mount Olive to Foreclose In Rem Certificates by the Township of Mount Olive.

2. Resolution of the Township Council of the Township of Mount Olive Endorsing the concept of Funds from the County of Morris' Open Space and Farmland Preservation Trust Fund Being Utilized to Acquire or Preserve Historic Properties.

3. Resolution of the Township Council of the Township of Mount Olive Authorizing a Contract with Schoor DePalma as Township Engineer for the Engineering Services in Connection with the Resurfacing and Drainage Improvements to Pleasant Hill Road. Removed till 9/24/02 when Capital Budget Bond Ord. is adopted

4. Resolution of the Township Council of the Township of Mount Olive Authorizing a Contract with Schoor DePalma in Connection with the Route #46 Sidewalk Improvement Program. Removed till 9/24/02 when Capital Budget Bond Ord. is adopted

7. Resolution of the Township Council of the Township of Mount Olive To Confirm the Appointment of Fred DeToro, Jr., to Fire Sub-Code Official.

8. Resolution of the Township Council of the Township of Mount Olive In Support of the Highlands Stewardship Act.

9. Resolution of the Township Council of the Township of Mount Olive Prohibiting Parking on Certain Streets from 12:00 Noon on September 12, 2002 Through 12:00 am on September 16, 2002. (St. Elizabeth's Carnival)

10. Resolution of the Township Council of the Township of Mount Olive Approving a Memorandum of Agreement Between the Township and FOP Lodge #122. (FOP/SOP Contract)

12. Resolution of the Township of Mount Olive Authorizing a Change of Amount in 2002 Current Fund Budget Appropriations in Accordance with NJS 40A:4-85. (Salary Line Item Adjustments)

13. Resolution of the Township Council of the Township of Mount Olive Authorizing the Execution of a Developer's Agreement Between the Township and Lakeview Estates (Final Approval).

14. Resolution of the Township Council of the Township of Mount Olive Authorizing the Execution of a Developer's Agreement Between the Township and McDonald's Corporation. (ITC South)

15. Resolution of the Township Council of the Township of Mount Olive Authorizing the Execution of a Developer's Agreement Between the Township and Commerce Bank North Block 8301 Lot 14-16. (Route 46)

ROLL CALL: Passed Unanimously

RESOLUTIONS NON CONSENT

5. Resolution of the Township Council of the Township of Mount Olive Authorizing Emergency Purchase Process.

Mr. Greenbaum moved for approval of Resolution Number 5 and Mr. Guenther seconded the motion.

President Scapicchio: Ray, Lisa told me you had some questions with regard to the way it is written.

Mr. Perkins: Thank you, Dave. During the workshop meeting we had looked under Section A, paragraph G for emergency conditions with estimated costs in the excess of $10,000. Councilman Greenbaum had requested that it be added that it be subject to the approval by the Mount Olive Township Council which also then would have an effect to make the change on the last statement of the declaration page where an emergency condition was changed from $50,000 to $10,000, that that also should be subject to the approval of the Mount Olive Township Council. I hate for an emergency condition to be existing out there and our Administrative staff be hard pressed to find a quorum to get approval on $10,000. So everything needs to be subject to the approval, it doesn't necessarily mean that it has to be.

Mr. Rattner: I'm just trying to make sure what it says. Subject to means that we could require but if they can't find it, they can just go ahead and do it. That's the whole idea because in an emergency they should be able to move ahead, especially to clean up a sewer spill.

ROLL CALL: Passed Unanimously

6. Resolution of the Township Council of the Township of Mount Olive Opposing Assembly Bill A-2464 Which Would Require Municipal and County Utilities to Discount Sewer and Water Connection Fees for Affordable Housing.

President Scapicchio: Mr. Guenther, do you want to move this?

Mr. Guenther: No, I don't want to vote for it.

Mr. Greenbaum moved for approval of Resolution Number 6 and Mr. Rattner seconded the motion.

Mr. Guenther: Apparently you haven't all read what the Bill has to say. The abbreviated version in the pile here doesn't get a true reflection of what this Bill covers. I'll read for you what it is. It has nothing to do with anything that effects this Town. A County or Municipal Sewage Authority shall establish within it's rates or schedule a 50% reduction in the connection fee or tapping fee assessed pursuant to Section, I won't read all of the numbers, for connection with the Sewer System which is charged to public housing authorities and to non profit organizations building affordable housing projects. A County or Municipal Sewage Authority also shall establish within it's rates or schedule a credit against the connection fee or tapping fee assessed for connection with the sewer system to public housing authorities and non profit organizations building affordable housing units in an amount equal to the connection fee or tapping fee assessed for the connection with the sewage system for units previously connected to the authority system that were demolished or refurbished to allow for new affordable housing units. This is the only new section, the rest of the, this is an amendment to the original Act. That is the only amended part. This is meant for public authorities that are building affordable housing, probably in the inner cities, it does not involve private developers. I know we love to pillary and crucify private developers as being scurrilous scum that do not deserve any break. This does not involved private developers and builders in any way. So, I don't see any reason that we should be passing a resolution to oppose this particular legislation. This is done for a purpose and if they are public housing authorities, non profit organizations, it means you rob peter to pay paul. You are taking money from one pocket to the other. If this is not approved, one way or the other the public budget is going to cover the expenses. So it doesn't matter because it is not a private developer or private builder that is involved. For that reason, I oppose us even getting involved.

Mr. Perkins: Having read back through this and lengthy discussions with Councilman Guenther, I'm inclined to agree with him, looking at that because it is all non profit organizations, publically owned systems. I have no apprehension at all with changing my vote and not supporting this.

Mr. Spino: I still don't agree, if, for example, someone wanted to come in and hook in to, we have two municipal utilities that we pay for sewage on. If a builder or a non profit wants to come in, those differences in prices are going to have to be made up by somebody. We can't force the Musconetcong Sewerage Authority or the Hackettstown Municipal Sewerage Authority to take half their money. Who is going to make that up?

Mr. Guenther: The taxpayers will pay it any way, one way or the other because they are publicly funded.

Mr. Spino: Publicly funded by whom? If it is a State Housing Association or a County Housing Association, it spread over the whole County not just the municipality, in Mount Olive, not just the people on that system. I do believe that your explanation of what you think, some of us think, developers are is right.

Mr. Guenther: I don't have to agree but that's alright.

Mrs. Miller: The part that I don't like about it is that kind of takes some of the municipal control away. I think each non profit or low income, whether private or non profit, should be considered on its own merits, not just give everyone a blanket statement saying that all of the are exempt from those fees. I think it should be decided individually rather than giving a blanket approval. I oppose it.

Mr. Rattner: I continue to oppose it. One thing, whether it be non profit, whatever, when we start talking about the low income, the subsidized housing, we are still probably going to have to pay for the schools like we have now. We can't require the same road improvements because of early statutes but the other thing and what we really have to look at, we collect our fees through a safe liquidating utility. We have approximately 2,500 customers. If we give a discount, if someone comes in with 250 units, that means, if we were going to waive those charges, we'd have to put a surcharge of 10% only to those users. If we want to say we support it and we're going to take taxpayer money so that everyone shares, not just the user of the sewer, well then maybe it's a little more powerful if that's what you want to do. We can do those types of things under developer's agreements on a case by case situation to what Mrs. Miller said. If we see a project that we think is real good, we can waive a lot of things. We have the authority to waive construction fees, recreation fees, we can do a lot of things but we still have to pay for it. I think Mrs. Miller is right. We should look at it on a project by project basis if it is something that we think is beneficial to the Town. It will support it by giving it incentives.

ROLL CALL: Passed by the majority; Mr. Guenther and Mr. Perkins Voted No

16. Resolution of the Township Council of the Township of Mount Olive RE: Cablevision. (No Yankee game coverage)

Mr. Rattner moved for approval of Resolution Number 16 and Mr. Greenbaum seconded the motion.

Mr. Guenther: This is absurd. First of all I find that a letter from a private company and we are urging this private company through a public resolution. Number two, this is a private dispute between two commercial enterprises. We have no business getting involved in it. For example, if I all of a sudden, and I don't know why this is on the Agenda, probably because we have a couple of Yankees fans.

President Scapicchio: Lisa, can you explain to Mr. Guenther how this came on the Agenda.

Mr. Guenther: I don't care how it got on the Agenda, it shouldn't be there. If I were to go, for example, there are 300 cable channels and Cablevision only offers me 65, I could have a special interest that I want a certain cable channel. Anybody, you can come from the audience, anybody, get a resolution put on here. It doesn't make sense. Government shouldn't be involved. This is a private dispute. No matter what you think about the two entities and their dispute and it's been discussed enough on the radio to know that they are both at fault. We shouldn't be getting involved in it.

Mr. Spino: I don't often disagree with you but I'm disagreeing with you two times in a row here. I used to watch baseball every day. I haven't watched baseball in many, many years, ever since George Steinbrenner fired Willie Randolph. I think you are absolutely wrong. Cablevision is a private concern, but it deals on the public airways, Number one. Number two, they come to us for a franchise to run their cable lines. They have a monopoly in this Town just about, except for a little part that Storer has. When people come in here and complain that they don't have cable, we write and call the cable company. We've had them in on numerous occasions to extend their service so why can't we ask them now to give this service to people.

Mr. Guenther: Because they'll wind up charging every rate user. Their position is that it should be a premium service. I don't want to pay for it because I'm not a Yankee fan.

Mr. Spino: People know that, you pay for everything else that we get now anyway.

Mr. Greenbaum: I am, obviously, a Yankee fan. I've raised this issue before. I thank Lisa for putting it on the Agenda although in the scheme of things, in what we deal with, it is minor and I know Bernie thinks it's absurd but I wonder if Bernie would think it was so absurd if we had a resolution opposing certain programs that Cablevision put on. For instance, let's assume that they decided to have a Klu Klux Klan channel or a Nazi channel. That is something that I would think would be appropriate for the Council to get involved with but to say simply because this is a dispute or it is a private company, I don't believe that is an appropriate reason not Mr. Greenbaum (cont'd): to discuss it. Now you may not want to have it. That's a different issue. I think this effects a lot of people in the Township and they don't have any recourse and that is why I think it is important to let Cablevision know that we, as a governing body, who do regulate them through the granting of a franchise, are not happy with their decision making processes.

Mr. Guenther: I dispute not having any recourse. They can get a dish and kick Cablevision out of the house if they wish.

Mr. Rattner: This is really ludicrous. Where are we going to stop the control. If we are going to do this, being of a Jewish background, I want to put a resolution on demanding that if McDonalds wants to come in to Town, then they have to pastrami on rye with mustard, no mayo, and if they don't, they can't come here. Where does it end where you want a personal thing? There is competition and it will charge everybody. YES Network wants to charge Cablevision to reregulate Cable TV which means they can flow through increased programming costs. It gets ridiculous. I'd rather have NASCAR and a lot of things I'd rather have first. If I don't like it, I'll go to the dish and I'll try that if I really had a problem.

ROLL CALL: Defeated
No - Mr. Rattner, Mr. Perkins, Mrs. Miller, Mr. Guenther
Yes - Mr. Greenbaum, Mr. Spino, Mr. Scapicchio

17. Resolution of the Township Council of the Township of Mount olive Authorizing the Conveyance of a Portion of Man Avenue to Victor Carpio and Clare Carpio Owners of Lot 9 Block 3400. (deed addendum resulting from road vacation).

Mr. Rattner moved approval of Resolution Number 17 and Mr. Guenther seconded the motion.

ROLL CALL: Passed Unanimously

18. Resolution of the Township Council of the Township of Mount Olive Authorizing Execution of a Developer's Agreement Between the Township and Brinker New Jersey, Inc.

Mr. Greenbaum moved for approval of Resolution Number 18 and Mr. Guenther seconded the motion.

Mr. Rattner: Has anybody notified the corporation that we are requiring them to place the building on Bartley-Flanders Road in Flanders? It just gets frustrating. At the workshop last week, we had two that nobody proofread. Now we have another one. Everything else looks fine but it says that it's on Flanders-Bartley Road. Are you from Brinker?

Mr. Dorsey: I changed that. Somebody brought that to my attention.

Mrs. Lashway: I'll make the change.

ROLL CALL: Passed Unanimously

19. Resolution of the Township Council of the Township of Mount Olive Authorizing the Issuance of a Contract to Dan Ballantine Well Drilling, Inc. in the Amount of $12,900.00. (2nd well at Turkey Brook Park.

Mr. Perkins moved for approval of Resolution Number 19 and Mr. Spino seconded the motion.

ROLL CALL: Passed Unanimously with the exception, Mrs. Miller voted No

MOTIONS

1. Bill List & Supplemental Bill List (Conti Constr.)

Mrs. Miller moved for approval of the Bill List (25 pages) & Supplemental Bill List and Mr. Guenther seconded the motion.

Mr. Rattner: Charlene just mentioned that she thought the Conti bill was pulled.

Mr. Guenther: I thought it was pulled.

Mrs. Miller: Why is it back in here? It was added.

Mrs. Lashway: It was added. Today the Business Administrator asked that it be put on. It wasn't in your Friday packet. In your amended packet you see the one Bill for Kyle Conti. That is what I am referring to as the Supplemental Bill List.

President Scapicchio: We have a supplemental bill in our packet to Kyle Conti in the amount of $842,661. Cynthia, explanation?

Mrs. Spencer: This is the work that has been completed through August 15th. The Bill had been processed properly and it was sitting in Finance and they sent out the P.O. for signature and it came back in and she just missed it when she ran the Bill List so when I was reviewing it last night and found that it wasn't on, I asked this morning.

President Scapicchio: Has this been paid?

Mrs. Spencer: No, it certainly has not been paid.

President Scapicchio: No checks have been issued?

Mrs. Spencer: No checks have been issued. As usual it has been certified by the inspector on site as well as processed through Olympus and this was approved 68% of the work being completed on site.

Mr. Rattner: So 68% of the work has been completed and what percentage has been paid?

Mrs. Spencer: We always retain 2%.

ROLL CALL: Passed Unanimously

2. Approval of Raffle Application #1043 for the Budd Lake First Aid & Rescue Squad; Raffle Application #1044 for the Mt. Olive High School Parents Club; and Raffle Application #1045 for the Mount Olive High School Music Boosters.

Mr. Guenther moved for approval of the Raffle Applications #1043 through #1045 and Mr. Perkins seconded the motion.

ROLL CALL: Passed Unanimously

COUNCIL REPORTS

Library Board Liaison Report

Mrs. Miller: Normally we would be meeting tomorrow night but the meeting has been changed to Thursday night.

Recreation Report

Mr. Guenther: There was a meeting last week. It was the first meeting after the summer. They reported a very successful Lake program. Also, there was a lengthy discussion of the proposal, the facts that Jim Lynch had laid out for us the week before, the issue of using outside contractors versus in house personnel for taking care of Turkey Brook Park. As a result, our recommendation is to get it on the Agenda as quickly as possible on our workshop agenda for discussion because there are some critical issues regarding the Turkey Brook equipment both on the part if it were the Town to do it, the Town would have to buy the equipment, put in the orders because of the lengthy delivery time. Also the contractors would have to buy certain equipment and they would be caught in the same situation so we want to try and get this resolved as quickly as possible.

President Scapicchio: Lisa, can you note that for the next available workshop please and I think you should allow some time for some significant discussion on that.

Board of Health Report

Mr. Perkins: The next meeting is on Thursday. We have not met during the summer. We do have quite a full agenda for Thursday.


Planning Board Report

Mr. Greenbaum: We've been very busy. We are dealing with the regular applications and also the Hashemi application which has come back to five of us who did not participate in the original application. There was one meeting held. The applicant granted an extension beyond the September 16th date set by the Court and we are looking to reschedule another meeting. As of today, I'm not aware of when that other meeting is going to be. It was originally to be September 26th but then Mr. Weiss was in San Francisco and he is the only one that can Chair the meeting as per our local ordinances. At the last regular Planning Board meeting we dealt basically with three main applications: Woodfield, they came in for final approval and there were several issues which had to be addressed. Number one, they haven't gone forward with some of the amenities that they were required to do to get final approval, one of which being the finishing and getting the swimming pool and club house on line. That had to be resolved and then there was a major issue with regards to setbacks and decks and whether or not, it is a very interesting issue, whether or not a setback is applicable. The applicant has made the argument that a deck is not a building and therefore, not subject to the setback and therefore, there is no setback according to the applicant and Chuck McGroarty's position was that if the setback with regard to building is not applicable, then what a deck is is really an accessory structure which is not allowed at all in that particular zone so it left the applicant between a rock and a hard place in terms of what their argument is. The problem is is that the houses are so clustered that anyone that puts a deck on encroaches into the deck and it becomes a real safety issue. That has to be resolved, a very interesting issue.

President Scapicchio: That issue arose in the development that you presently live in and Mr. Weiss was one of the first applicants, when I sat on the Board of Adjustment, same thing, the houses were clustered, the houses maximize the building envelope and nobody could put a deck on without having to go before the Board of Adjustment.

Mr. Greenbaum: There are several decks which have gone in which are technically in violation. They are as close as nine feet from each other. The next application that the Planning Board dealt with was completion of the Riad application with regard to the A&P shopping center in Flanders. That was approved. He is going to be adding three additional stores. It's going to make it almost like a "Z" from the A&P and then you are going to have a building which is going to be wedged in between that. He is going to knock down a portion of the existing Ames shopping center where the Wine Rack and Pink's. The Wine Rack is still going to be there. They are just going to move it over and have that corner space. The main concern there was obviously the sound and lighting issues with regard to the adjacent homeowners. The applicant addressed those issues to everyone's satisfaction. The last application was extremely interesting. It filled the room with some great concerns of the residents of Mount Olive. It's the Rassimier (spelling) application to build off of whatever the road is that runs parallel to Drakestown between River and Drakestown. It's actually between River and Drakestown. It's off Drakestown, Shop Lane. It's an environmentally sensitive piece of property. The neighbors were out in force. It was very interesting because the applicant got the last part of the meeting after the first two applications were heard and put on it's engineer but the engineer was not the same engineer that had signed off on the engineering plans and Ed Buzak had an issue with whether or not he could testify or what weight and effect the testimony of the engineer who didn't actually sign off on the plans would be before the Planning Board. It wasn't that he couldn't testify. It was just what weight and effect that would have.

Mr. Spino: Was he from the same company?

Mr. Greenbaum: No.

Mr. Spino: I've never seen that.

Mr. Greenbaum: Neither had Ed. It wasn't that he wouldn't allow him to testify because obviously they can put on whoever they want to put on. Now the engineer has testified completely at heresay, although the rules of evidence don't apply, it was what weight and effect should be given to it. Ed certainly advised the Board that they could give any weight and effect and basically nothing was accomplished with regard to the Rassimier application. I think it's on for the next Planning Board Meeting. A lot happened at Planning Board.

Open Space Committee Report

Mrs. Miller: I think that the Open Space Committee keeps us so well informed that I really never have anything to report. They do a good job.

Legislative Committee Report

Mr. Guenther: I've sent information to Guy Gregg on the traffic issues on the highways and he was going to get in touch with the appropriate people but I haven't heard from him. I would like to, Earl, at the last meeting, mentioned that he had certain issues and I believe it's Mr. Rattner, Earl and myself that are on that Committee. If we could have a little meeting between us and get issues out on the table so that I can take them to Guy Gregg or Scott Garrett or whoever. Let me know when you guys can meet.

Master Plan Report

President Scapicchio: There is no Master Plan Report.

Pride Committee Report

Mr. Perkins: The next meeting is set for the 17th of this month. The Pride Committee generously accepted the check that was donated by the Council members and the Mayor to the Junior Marauders Football Association. Again, this year I presented the check to Howie Weiss. Last year we had started, through the Pride Committee, where we picked up the cost of the footballs for the youth to play with. Since we had taken that item out of the budget this year, some of us made personal donations and gave that to the Pride Committee to present over to the Football Association. I do know that Liz Ouimet is in the process now of looking at some holiday banners. We'll be working with Marilyn Ryan. I'm trying to work together with some of the holiday decorations around the Township and unfortunately we were unable at this point, unless something miraculous happens to get the billboard changed quickly enough for tomorrow. We had put the request in but there were so many requests for so many billboards being done throughout the State, it was next to impossible to get it done that quickly. It is what it is right now.

PUBLIC PORTION

Toni Ayers, Sandshore Road: I want to start out with something positive tonight for a change. 160 Sandshore Road has finally been torn down. It's gone and it looks lovely and it's all clear and I'm sure the gentleman is going to be putting up his new house. I missed a few meetings so I couldn't bring this up sooner. This Rocco person involved with Jennies Lanes, this is the August 1st edition of the Mount Olive Chronicle. Builder admits to exposing tanks on property. Was he fined? Was this man fined for not abiding by the laws of our Town in how to dispose of oil tanks?

Peter King, Dorsey & Fisher: That would be a DEP matter. The State would have control over that.

Mrs. Ayers: DEP was out there and they said that there was nothing wrong. That was a while ago. The reason I'm so concerned is because I had two inground tanks removed this summer and they cost me a lot of money, inspectors, permits, special contractor who had to subcontract to another contractor and this guy walks away with nothing?

Mr. Guenther: I believe, Toni, they were determined not to be oil tanks. I don't know all of the details but that is what the DEP determined.

Mrs. Ayers: He admitted to them.

Mr. Greenbaum: That is a story in the Chronicle.

Mr. Guenther: Do you believe everything the Chronicle tells you?

Mr. Greenbaum: As far as I know, I've never heard any piece of evidence from anybody including admission from the owner that they were oil tanks. So whatever the Chronicle said, it's something I've never heard before.

Mr. Rattner: I think what the issue was if I remember everything I read on it, the DEP said that they are only concerned if it is commercial. If it is residential, it's local enforcement.

Mayor Licitra: No.

Mr. Rattner: I've got that in writing some place.

Mrs. Spencer: DEP is responsible.

Mr. Greenbaum: Did we ever find out that they were oil tanks?

Mrs. Spencer: No, one was said to be an old tank that had been used for feed and one was filled with sand and one was a water tank. At least that is what I was told.

Mr. Guenther: That is what the DEP determined.

Mrs. Ayers: He acknowledged that there had been another tank which had been removed and he was looking for his receipts for removal of two tanks. He didn't follow whatever.

Mr. Greenbaum: Does it say oil tanks?

Mrs. Ayers: No, tanks.

Mr. Greenbaum: So it doesn't say oil tanks.

Mrs. Ayers: Not specifically. I read that and I said, ya know, the law is for everybody. Another comment that I have. You baseball fans, I'm sure you watched the Little League with the Harlem kids, the ones that won all of the… Did you happen to take note of their home field, what it looked like? It was a tad above a sand lot and we're spending millions and millions of dollars on playing fields and those kids are champions and we don't have a winning team.

Mr. Perkins: If I could comment on that, I would tell you that every one of the teams in the Mount Olive Recreation League that came out as champions would differ with you on that statement. They're winners whether they progressed to State championships or not is another matter. I just want to clarify that. Those kids put their heart and soul in to that.

Mrs. Ayers: I know they do. Little League is great but the fact remains that our teams didn't go to the Nationals.

Mr. Spino: Toni, did you see the field that they played on in the Championships?

Mrs. Ayers: Okay, that is not a sand lot. It was a pristine field and the second thing is, they are from the city and my experience has been since I've spent more time then I care to remember working there, teaching there, involved in athletics for awhile, the city and the county spent millions of dollars refurbishing fields in the inner city that I saw and our teams played on them. In a year, you wouldn't recognize it so it's not indication on whether they spent money on it or not. It's just the abuse and misuse that they get.

Mrs. Ayers: Any way, when I saw that field, I almost fell off the couch. I think that the Soccer Club ought to kick in some money for the Seward House. That will help that way. I have a problem. It's been explained to me many times, when I met Steve on the way in and it still isn't clear to me. The special assessment reminder for our sewer bills comes once a year. I am paid for 2002 which I paid in 2001. They started sending bills. I got my first bill for 2003 in February of 02. Every time I get these bills, it looks like we are getting ripped off. I don't understand it. I was told that if I paid, the interest keeps going up from the 1st of 02 till December. The technical due date is 12/1/02. By 12/1/02 the interest in going to be like twice. I called the office and I said, if I pay my bill by 9/1, what would the interest be? As of that date, it would have been $121 but if I wait until December, it's going to be $162 but yet it is a whole year ahead. You get a phone bill and you get an electric bill. They give you 20 or 25 days to pay the bill. Why are we getting these a year ahead of time. It's alterior motive. We paid our money and it builds up the coiffers.

Mr. Rattner: I didn't understand that it was for next year. What you did is you screwed up the system by paying your assessment a year in advance. Usually the reminder comes out at the beginning of the year, as I explained to you, they want to give people time if they want to make payments so they can have the money or be paid in full by December 1st. The interest then is for the current year. Maybe the system, the way it is set up, since you paid 2002, when it sends a reminder out, it just sends you the next one that would be due. I don't know. I don't think many people pay a year or two in advance. Either they pay it all off or they pay it in the current year.

Mrs. Ayers: Then you get socked with the extra interest.

Mr. Rattner: If you pay at the beginning of the year, you get the credit for the interest.

Mrs. Ayers: Like for 2003, why don't we get a bill around November 1st to be due by December 31st and this is the interest period. Why generate all this paper or send out a bill in January of 2002 and say if you pay by May 1st, this is what you pay, you get a break, whatever. It's a confusing system, I think.

Mr. Rattner: I think the Administration can look into that. The reason why they do it in the beginning of the year is because a lot of people couldn't come up with $700 all at once. That was one of the reasons for sending it out early.

Mrs. Ayers: You still have to come up with it. What's the difference?

Mr. Rattner: You have time or you can put away a certain amount of money each month. For people right before Christmas, they don't want to have to come up with $700.

Mrs. Ayers: The walking paths, any date on that. I know we got a grant from the State for $200,000 for the walking paths for Turkey Brook.

Mrs. Spencer: We will be working out a plan as to when we will put those in. Some of the paths are the paths between the fields and paving on those is supposed to start tomorrow.

Mrs. Ayers: Okay. Thank you.

Ned McDonald, Budd Lake: Just a little comment about the Seward mansion. Some of you on the Council, I believe, have the right idea. It doesn't matter if it takes one year or five years or one hundred years to have something done with that house. It stood there for a long time and there is no reason to even consider removing it. One other member of the Council looks at it as more of a business decision, wants a time frame. This building is part of the heart and soul of the community and we can't just put a number or a date of death of the house. If you want to really start looking at buildings in Town that maybe we should put a time frame on, what's going on with the old municipal building? There were lots of discussions about that some time back, committees, mailings. What happened to that? Where do we stand with the old municipal building now? Nobody knows?

Mayor Licitra: Ned, let me try and answer that. When that committee was put together we took a lot of their recommendations from that committee and put them into existence. Some things are the pier, the beach, etc., etc. We don't have the funds at this point to consider what we want to do with the municipal building right now. Not only that, we don't have storage. We are doing some storage over there. If I were to tell you that it was on our radar screen, yes, it is on our radar screen but we just don't have the funds. We either have to decide if we are going to renovate it for $2 million or we are going to, I hate to say it, like some people say it, like blow it up. I'm for you. I think we try and preserve. I we going to try and preserve maybe a portion of it. With our budgetary restraints this year and next year, I don't know if we are going to have the resources to do that. I did talk to Marc Gellman, the Chairman of that committee, and he was pleased with the fact that we acted on some of their recommendations but as far as the old municipal building, no, it's a monetary thing.

Mr. McDonald: I think that is a fair thing. I just want to encourage all of you to look around Town and any historic or significant structures that we may have still in existence in this Town, we should really do our best to hang on to what we've got because once they are gone, they are gone forever. Thank you.

Thea Dunkle, Mt. Olive Township Historical Society: I talked to Bernie about the tarps. Jim Smith, our President, worked with Jim Lynch this week. They went and took measurements. They measured again, they made adjustments for the pitch of the roof. The Historical Society, Jim Smith, ordered, Friday morning, three 30 x 60 tarps with UV protection, heavy duty tarps. So as soon as they come in with the help of Jim and his people, we'll be getting those on the mansion and I appreciate you letting us put them on there. The Historical Society has also put a sign up, at our own expense, designating it as a landmark. I have just recently gone up to Upstate New York to William Henry Seward's home. I've been working with the Director up there. We are second cousins to him. I have been in touch, this last week, with about four relatives of our Seward branch here. I am still researching and I'm finding and they are coming and they are willing to help. A lot of them weren't even aware of the history. The more I'm finding, the more significant this house is. Chester has Cooper Mill. Mine Hill has a miner's home that they are restoring. Every town has something. The Mayor asked me to write to the New Jersey Magazine to find out why we didn't rate higher in culture and leisure. We have no art galleries, we have no music venues. The recreation is going to have a whole park. Let's just leave that little piece. Give us some time. I'd asked permission to have Kathy Murphy help us look for a grant. She doesn't have to write the grant. I don't have time. I'm a guardian of a brother with a brain injury. I work full time at Picatinny and I'm running the Historical Society. I'm doing all of this research for free. I don't get paid a dime. I do it all for free, hours and hours. If we could just get Kathy to point me in the right direction and help me but I got no answer. Basically I think it was alluded to not help us. If Kathy can help me find some grants to find a researcher, an architect, we have to call a few. I've heard anywhere from $2,000 to $10,000 depending on the price. Mr. Greenbaum, I can't give you a time frame. We've got a marker on it. We're getting the tarps on. We have names and we are going to be calling to find out what an assessment
Mrs. Dunkle: would cost. Next, is getting grants. Please just give us some more time. We are working on it. It is one of our top priority projects.

President Scapicchio: Thea, I think this Council appreciates the time, the effort and the commitment that not only you but everybody else has put forth with regards to that and I think that we all supported putting the fence around it to protect it. We were all supportive of getting those tarps to sort of cover that to protect it from additional damage and we put on the Agenda tonight a resolution in support of the County's reallocation of some of those open space funds in hopes that if that passes, that's another avenue for us to obtain some funds.

Mrs. Dunkle: Yes, I've been working on that. I filled out all of the paperwork for the County.

President Scapicchio: Anyway, we appreciate all the time and effort that you put in.

Mr. Rattner: If Thea's found the family that owned the house, I think we should go down to Zoning and get property maintenance to give them a notice to say to clean up the yard. I understood where Mr. Greenbaum came from. He's concerned that we just do something because we know that house, the way it has been sitting, and the tarps, and you just gave us some information tonight, it would deteriorate. Just sitting and saying that we're going to let it sit, those walls are going to start coming down. Once you get moisture into the concrete, we know that it just falls apart if it wasn't real quality concrete at that time. That's really what the real issue was. I think everybody here is really interested in it and doing it for as little funds as we can, mainly with volunteers and that's what we are looking for.

Mr. Greenbaum: The record should be clear. I'd love to say and restore that building. That wasn't what I was saying. As Mr. Rattner said, it becomes…

Mrs. Dunkle: We only acquired Turkey Brook in 96 and we are just building. It takes some time.

Mr. Greenbaum: I wasn't saying it didn't take time, I just wanted to know what the game plan was and maybe I can help out in some fashion if I know the game plan.

Mr. Rattner: Cash.

Mr. Greenbaum: The only cash I could give, it wouldn't even help put up the sign that you just purchased. That's all.

Mrs. Spencer: Thea, I apologize if you did not understand where we were coming from in the past but the day after you spoke last time, I asked Kathy Murphy to reach out and start doing research and to try and identify any sources that we might be able to tap to assist you in this rehab.

Mayor Licitra: Thea, my decision hasn't changed from the beginning with the Seward mansion. I haven't waivered on it one bit. I advised your committee as I advise everybody else, if we can help you find the money, one of the ways we are going to help restore it is to find the money to restore it and as far as I was concerned, I thought we were working on that all along. What you are telling me now is a surprise to me. I had thought we were assisting you in any way we could to go after that grant and I apologize if we haven't but I was under the assumption that we were going forward.

Mrs. Dunkle: Kathy had said, she came back to the Historical Society, I think I'm correct in saying that you thought we'd need matching funds and we told you that, you find the grant and Bill said he'd help me write them up, we'll work together, and once we see what kind of money we need, let's find out what's available, what we need and then let's go forward with it and that really hasn't transpired but I'll get with Kathy and maybe we can work on that. Thank you.

Mr. Perkins: Thea, how much did the tarps finally cost?

Mrs. Dunkle: What did they end up being? About $239 each, about $1,000.00.

Mr. Perkins: Where are you getting the funds for those from?

Mrs. Dunkle: We had some funds allocated for some projects that we are doing. We had put aside some funds. We do have a little bit of money left over from the money the Council gave us. We put the Veterans on the monument, so we've used some it. There is a little bit of that money left also.

Mr. Perkins: Come see me.

Mrs. Dunkle: Okay, thank you.

Dave Jones, Route 46, Budd Lake: Mr. Greenbaum, it only costs $40 to join the Historical Society. Plus I think they are selling those things on the wall for $50.

Mr. Greenbaum: When did you become a member?

Mr. Jones: Yesterday.

Mrs. Dunkle: He bought one.

Mr. Greenbaum: Yes, I did. Did you buy one of those?

Mr. Jones: Not yet.

Mr. Greenbaum: So, I'm $10 ahead of you.

Mr. Jones: Just a couple of things that I wanted to say. The Turkey Brook Park is supposed to be the jewel of Morris County. I was hoping that we could find funding somewhere from Morris County. I don't know if any of that has been done. Maybe we could go to the Freeholders and possibly ask them to sponsor some portion of the park. I know that you want this jewel and everything like that. I don't think it has to be a jewel. I think it is being way over done. I think too much money is being spent on that. For it to cost over $300,000 a year to run the park, if we could just get some of that back from the Freeholders or whatever. As far as the Rocco's are concerned with the tanks, we keep hearing all of these different things and I was hoping that the Mayor could invite Mr. Rocco here to speak to the Council regarding the tanks. You are related to him.

Mayor Licitra: That rumor probably started with you because it is not the truth.

Mr. Jones: What is the truth then? Is it by marriage or what?

Mayor Licitra: It's not the truth. I have no relationship, I have a relationship, I know the people but I know 80% of the people in Town.

Mr. Jones: Are you related by marriage to him?

Mayor Licitra: No. I'm not related at all.

Mr. Jones: I didn't start the rumor. I heard it. You did appoint him to a position.

Mayor Licitra: He was appointed. He volunteered for the Industrial Committee or the Economic Development Committee. I also appointed nine other people.

Mr. Jones: Would it be possible to invite him here so he could speak to the Council regarding the tanks?

Mayor Licitra: Why don't you extend the invitation or have the Council President do it? We've done a thorough investigation.

Mr. King: The State has investigated that when the complaint was made to the DEP which is an independent body and the DEP looks for violators and they take their job very seriously. So they did thoroughly investigate that.

Mr. Guenther: Let me just interject since I was nominated by my esteemed colleague from Flanders Crossing to be the liaison with the citizens that were complaining. She had been here at that time making substantiation that she had a video tape which showed them dumping the tank. We were very interested in that and wanted to see the video. We had a conversation with her about that. I wanted to set up a meeting. She wanted a meeting but there was no tape. I said, what happened to the tape? The tape was sent to the DEP. We checked with the DEP. The DEP never received the tape. There was no tape as far as the DEP is concerned. As you've transmitted to me, apparently she is made at me for some reason. I was perfectly happy to meet with her on the basis of evidence that she supposedly had that would incriminate the Roccos and she was not able to produce it and I've not heard from her since. We tried everything possible. If she has evidence, if there is something there, they should present it and we are perfectly willing to….and to substantiate what our Attorney said, the DEP did go out there and they investigated very thoroughly and there is a detailed report. I Mr. Guenther (cont'd): believe it is on file. Cindy showed it to me. I don't have it here now. It's on file and you are welcome to read it. It shows exactly what the findings of the DEP were. What's the point?

Mr. Jones: I'm not saying that any one is right or wrong here. It's a big issue. It's going to keep coming up. How are you going to stop it?

Mr. Guenther: No, it's not, Dave. It's not a big issue. It's a closed issue because…it's not going to keep coming up, Dave, because the DEP, how are we going to stop it? We are going to stop it because we are going to stop talking about it. The DEP has determined that there was no issue. How clear can we make that to you, Dave? And why isn't Mrs. Uhrman here complaining about it. She's the one that is affected by it. If she has a further issue with it…

Mr. Jones: I'm not saying you are right or wrong. I'll I'm asking is if you would invite Mr. Rocco in.

Mr. Guenther: Why should we invite him? For what reason?

Mr. Jones: Because apparently he removed some tanks.

President Scapicchio: Here is where we are at with regard to that situation. We had certain homeowners make some allegations with regards to that builder and some supposed contaminated oil tanks. One of those residents had claimed that they had video taped and proof that they were in fact oil tanks, that they were buried on site and they were handled in an illegal manner. When the Council heard of that, the Administration put together a report on what happened in terms of complaints forwarded to the Health Officer. The Council put together a committee who met with those homeowners, who again, told this Council that they had proof, video tape proof, of those oil tanks. When the Council committee met with those homeowners, they failed to produce the proof, the tape that they claimed that they had. The issue as far as we are concerned is a dead issue unless those residents can put forward the proof that they claim that they have. We've exhausted all avenues to try and help them out. Inviting Mr. Rocco here is going to help the situation, it's going to help nothing. It will do nothing for us. So what's the issue? What is the issue?

Mr. Jones: I'm just asking if you could invite him here and ask him what the tanks contained.

President Scapicchio: What would you like us to invite him here for and what questions would you like us to ask him?

Mr. Jones: I'd like you to invite him here. Ask him how many tanks there were, how many he removed, what the tanks contained and that's it.

President Scapicchio: We have a report that says there were two tanks, I believe, and they were water tanks.

Mr. Guenther: One was for water.

President Scapicchio: The issue is a dead issue, Dave.

Mr. Greenbaum: We are not the enforcement arm of the…we dealt with a citizen's complaint.

Mr. Guenther: Why do you want us to waste our time and bring Mr. Rocco here?

Mr. Jones: I'm not criticizing the Council. I'm not even criticizing the Mayor or anything. I'm just asking you to bring him in. I'm sorry you feel it is a waste of time. It would just dispell a lot of things that are going around Town.

Mr. King: I think what the Council is saying, you have an independent investigating body of the State who did a thorough investigation. They have much more power than this Council would have. They issued a report. All the facts are there. Also, this Council cannot compel Mr. Rocco to come here.

Mr. Jones: I'm not saying compel him, just invite. I'm just hoping too that we can find the funds somewhere in the $6 million to save the Seward mansion, the money you are going to spend on Turkey Brook because I think Bernie is right on this issue where Chester has things, Long Valley has things, historic areas. You look at every other town and they have some sort of historic area and it does add to the pride of the Township and I think it would look great too. Thank you.

No one else wishing to be heard President Scapicchio Closed the Public Portion.

COUNCIL COMMENTS

Mr. Perkins: On behalf of my family, I'd like to thank the Council and the Mayor and the people of Mount Olive Township that showed their sympathy and support for the loss in my family. Thank you very much.

President Scapicchio: The Council is going to go into a brief executive session on the MOTPEA negotiations. When we come out of executive session, we will take no action other than to adjourn the meeting.

Motion made and seconded to go into closed session for the purpose of MOTPEA negotiations. All in favor, the meeting was closed at 10:05 pm. The meeting was opened at 10:10 and adjourned.


___________________________
David M. Scapicchio
Township Council President

I hereby certify the above to be a true copy of a resolution passed by the Mount Olive Township Council at a duly convened meeting held on November 12, 2002.


__________________________
Lisa M. Lashway
Mount Olive Township Clerk


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