Mount Olive Township Council Minutes
February 1, 2000

The Regular Meeting of the Mount Olive Township Council was called to Order at 7:30 p.m. by Council President Sohl with the Pledge of Allegiance.

According to the Open Public Meetings Act, adequate notice of this meeting has been given by written notice to the Mount Olive Chronicle and the Morristown Daily Record. Notice has been posted at the entrance of the Municipal Building, 204 Flanders-Drakestown Road, Mt. Olive, and notices were sent to those requesting the same.

ROLL CALL: Present: Mr. Heymann, Mr. Guenther, Mr. Scapicchio, Mr. Spino, Mr. Rattner, President Sohl

Absent: Mrs. Kelly

President Sohl: I would also like to acknowledge the attendance of the Mayor, Paul Licitra; Acting Business Administrator, Bob Casey; the Township Attorney, John Dorsey; Township Clerk, Lisa Lashway; and Kathy Murphy our Grant=s Coordinator.

ADMINISTRATIVE REPORTS

Mayor Licitra: I would like to make some appointments to various Boards and Committees:

- Appointment of Fred Detoro, Jr. as Emergency Management Coordinator

3 year term expiring 12/31/02

S Appointments: Recreation Adv. Comm.: Jen Johnson

John Batch, Jr.

Jim Kramer

S Environmental Comm.: Dan Berek

S Open Space Comm.: Alan Abels

S Master Plan Committee: Frank Ruggiero

Nick Geiger

Norma Licitra

Kathy Murphy

George Patino

David Scapicchio

Ear Spino

Chuck Spangler

Howie Weiss

S Mt. Olive Pride Committee: Miffy Ruggiero

Deb Getchius

Mayor Licitra: I would like to formally make these appointments to the Boards and Committees.

Commendation Award - Jennifer Gentilucci

Mayor Licitra: I have one other matter, if I may. A very happy occasion, to tell you the truth. This Appointment was made by us, when I was a Council member. It appears the Council has done their job. It gives us great pleasure to give a Commendation to Jennifer Gentilucci. I would do a disservice if I didn=t read the letter that accompanied this from Dennis L. Bliss, the Board Chair. Let me read itBit was addressed to Judge Maenza. It=s kind of lengthy, but I=ll try and read fast. AIt is a pleasure to formally notify you on behalf of the Municipal Court Administrators Certification Board that your Court Administrator Jennifer M. Gentilucci has been examined by this Board and on December 21, 1999 was declared by the Supreme Court of New Jersey to be a Certified Municipal Court Administrator. The Supreme Court further authorized your Administrator to use the Title C.M.C.A. during good behavior before the Public and the Courts in this State in accordance with law and the rules of Court, the Certification Program is legislatively provided for in N.J.S.A. 2(b)2-11, and is being implemented within judiciary pursuant to interim rules and procedures approved by the Supreme Court. Achieving Certification is a challenging process. Each candidate must sit for both a written and oral examination. The written examination is designed to test knowledge of the fundamental principles Court Administration, Personnel, and Financial Management, the Court rules and the Law applicable to Municipal Court. The Oral examination is designed to test a candidates ability to apply and explain the principles of Municipal Court Operations and management and various practical settings. Following successful completion of both examinations the candidate is invited to submit a written Court improvement project based on a theme that contributes to the administration of justice and furthers the Court=s interest as part of the local community in some positive fashion. That project is then reviewed by the Certification Board. Following the Board=s acceptance of the project, the Mayor Licitra (cont=d): awarding of certification is recommended to the Supreme Court. As a result, you should be extremely proud of your Administrator=s accomplishment in successfully meeting those requirements. It is certainly an achievement worthy of public recognition that reflects well upon your Court and Municipality. Retaining Certification is also challenging. Each Certified Administrator is responsible to participate in a continuing education program requiring 45 contact hours of improved Professional Development Seminars, and other study every three years. I ask that you actively support your Certified Administrator=s career long commitment to acquire and share new knowledge and skills to advance the profession of contemporary Court Administrator. In the view of Chief Justice Debra T. P which she expressed to the First class of Certified Municipal Court Administrators in December, 1996, Certified Administrators have demonstrated special confidence that distinguishes them from their professional colleagues. She noted that they occupy special positions of trust, competence and leadership within the Municipal Court System. During that ceremony, the Chief Justice urged each Certified Administrator to use their leadership and skills to assure that Municipal Court Officers are service oriented, that they=re places where the public has confidence that independence, integrity, fairness, and quality service are a standard, and not simply the words of the Court System Motto. She also asked that each Certified Administrator dedicate themselves to nurture and instill those ideals in the operations of every municipal court in our State. Finally, the Board and I wish to commend you and your municipality=s officials for nurturing the kind of professionalism working environment that supported your Court Administrator throughout the certification process. I am confident that with continued support at that time, your Administrator will be able to grow professionally and help you to ensure that the administration of justice in municipal court becomes the kind of model that others will seek to emulate. Jennifer, would you please come forward? Bill (Sohl) as Council President, I would like to share this honor with you.

President Sohl: From the Office of the Mayor, a Commendation:

WHEREAS, Jennifer M. Gentilucci has been an employee of the Township of Mt. Olive and served for a number of years within the Municipal Court System; and

WHEREAS, she has recently been appointed to serve as Municipal Court Administrator upon retirement of the former Administrator; and

WHEREAS, in accordance with that appointment, she was required to pursue the obtaining of Certification as a Municipal Court Administrator; and

WHEREAS, Judge Maenza was advised by way of a letter from the State of New Jersey, Municipal Court Administrator Certification Board on December 22, 1999, that Ms. Gentilucci had received her Certification as a Certified Municipal Court Administrator.

NOW, THEREFORE, BE IT RESOLVED, by the Mayor of the Township of Mt. Olive, that he wishes to extend his congratulations to Ms. Gentilucci on obtaining the necessary certification, and wish her well in the pursuit of her duties as Municipal Court Administrator.

Ms. Gentilucci: Thank you.

PUBLIC HEARING - Community Development Grant Applications

President Sohl: Kathy (Murphy), would you like to address this?

Mrs. Murphy: We have two applications for Community Development. We discussed them at a WorkshopBwe were going to have a Public Hearing last week, and then we got snowed out. So, we=ve been moved to tonight. The first application has to do with Turkeybrook Greenway. We=re applying for one soccer fieldBthe cost of development of thatBwe=ve been in consultation with the designers that the soccer club has chosen. They=ve given us the price estimates on thatBthe total price $167,000. We can ask community Development for $100,000 of the cost, then the Town would have to come up with the balance of that amount. In developing this, we have quite a lot of work to do over there. We know the Soccer Club is putting in a considerable amount of money as far as engineering and design costs. They also have a limited time frame at the FTZ fields. So, if we can get some costs towards helping them out, that=s our main goal and it=s something we would like to move on right away. The other application is to continue Budd Lake Drainage off of Hopkins Street. Last year, we received some Community Development money to install some pipes on Hopkins Road. We=d like to complete that work this year and also try to go up Second and Third Street with additional drainage. That entire area of town has no drainage, and there is localized flooding along there. It=s been recommended for a number of years, and the Town has not had the money to implement any drainage. So, we=re trying to chip away at that. If we can keep extending out from the drainage basin that=s over on Hopkins Road in to that area, we=re hoping to alleviate some of those problems. Through the years, any pipes that did exist are quite often mis-sized, brokenBwe have french-drains that aren=t connected. Hopefully we will get a concise plan that continues to go into that neighborhood and provide some relief. So, that=s a $119,000 application project. We=re requesting $100,000.

President Sohl: Okay. Is there anyone from the Public that wishes to make comment? Anyone from the Council? Okay. What do we have to do next?

Mrs. Murphy: We have the Oral ApplicationsBthe beginning of March we have a Monday night Hearing. We go before Community Development and give our oral presentations, have discussions with them and see what we can come up with. Also, we did received today, from DOT, a $76,000 Grant for installation of sidewalks from the Municipal Building down Wolf Road as far as the apartments. Now, we filed that application in hopes that we could get those sidewalks in in time for the opening of the new Middle School because they would like to put a crossing guard there and be able to get some walking students from the apartments. So, hopefully, we=ll coordinate all that.

President Sohl: Okay. Thank you, Kathy.

LEGAL REPORTS: NONE

CORRESPONDENCE

Letters From Residents

1 Letter received January 10, 2000, from Suzanne D. MacDowell regarding damage to septic system during construction on Waterloo Valley Road.

2 Letter received January 20, 2000, from Robert J. Greenbaum, Esq. regarding Planning Board Meeting, January 20, 2000, the Proposal to Light Flanders Park.

School Correspondence

Resolutions, Ordinances, Correspondence from other Towns

3 Resolution received January 14, 2000, from the Township of Bloomfield regarding Opposes Reselling or Trading of Obsolete Weapons to Manufactureres, Brokers, or Dealers: Request Grant Funding to Defray Loss of Revenue.

4 Resolution received January 20, 2000, from the Borough of Netcong in Support of Senate No. 2198 which would Limit the Placement of Violent Offenders to Department of Corrections Secure Designated Facilities or Certain State Psychiatric Facilities.

League of Municipalities

5 Notice received January 10, 2000, from New Jersey State League of Municipalities, regarding Eighth Annual Mayor=s Legislative Day, January 26, 2000.

6 Notice received January 13, 2000, from New Jersey State League of Municipalities, regarding Seminars: Newly and Re-elected Officials, January 29, 2000 and February 5, 2000.

7 Notice received January 18, 2000, from New Jersey State League of Municipalities regarding League Seminar, 2000 Fiscal Update.

DOT/DEP/Permits

8 Letter received January 10, 2000, from NJDEP regarding Permit issued to NJ American Water Company for construction of additions and alterations to existing water distribution system.

9 Letter received January 10, 2000, from NJDEP regarding an LOI for Commerce Bank/North B 5400; Lot 27.

Correspondence from Organizations/Committees/Boards

10 Minutes received January 13, 2000, from the Morris County Planning Board December 2, 1999, Meeting.

11 Minutes received January 19, 2000, from Northwest New Jersey - Northeast Pennsylvania Passenger Rail - Summary of Public Meeting held August 31, 1999.

Correspondence Regarding Tort Claims/Verified Notice of Lien Claim/Petitions

12 Notice received January 12, 2000, from Kathleen A. Mulvey, Esq. regarding Notice under Title 59 of Intent to Sue.

13 Notice received January 18, 2000, from Steven A. Kunzman, Esq. regarding Substitution of Attorney with respect to NJDEP, et vs. BASF Corp. et al vs. ASCO Electrical Products, Co., Inc. et als.

Land Use/Development Matters

14 Letter received January 10, 2000, from Joseph J. Maraziti, Jr., Chairman, State Planning Commission, acknowledging receipt of Council Resolution - Classification of the Township of Mt. Olive.

15 Ordinance received January 20, 2000, from Washington Township: Supplementing and Amending Chapter 111, Land Use Procedures, Chapter 217, Zoning and Chapter 159, Site Plan Review of the Code of the Township of Washington, County of Morris, State of New Jersey with respect to Golf Courses.

Correspondence from Cable Networks/Utilities

16 Notice received Januuary 10, 2000, regarding NJN Public Television Presents AA Look At New Jersey=s Past, Present and Future.@

17 Notice received January 10, 2000, from NJN Public Television regarding The Return of USS New Jersey.

18 Letter received January 13, 2000, from Comcast RE: invitation to tape Comcast Newsmakers interview.

Correspondence from Legislative Representatives

19 Letter received January 10, 2000, from Congressman Frelinghuysen regarding Township Resolution in support of agricultural disaster relief for farmers in New Jersey.

HMUA/ MSA/MCMUA

20 Letter received January 12, 2000, from the Musconetcong Sewerage Authority regarding garbage disposal units.

Morris County Community Development

COAH

Division of Alcoholic Beverage Control

Election Memos

Newsletters / Notices

Budd Lake Sewer Project

President Sohl stated that we had received 20 items of Correspondence and asked Council if there were any comments on same.

ORDINANCES FOR PUBLIC HEARING

Ord. #1-2000 An Ordinance of the Township Council of the Township of Mount Olive Establishing Salaries for the Department Heads and Employees of the Township Clerk=s Office for the Year 1999.

President Sohl opened the Public Hearing on Ord. #1-2000

Mr. Bonte: It doesn=t state in this Ordinance the salaries for the CFO and for the Business Administrator. Were they adjusted upwards, downwards, or remain the same from previous periods?

President Sohl: For the Record, they remain the same.

Mr. Bonte: Thank you.

President Sohl closed the Public Hearing on Ord. #1-2000

Mr. Heymann moved for Adoption and Final Passage on Ord. #1-2000 and Mr. Scapicchio seconded the motion.

ROLL CALL: Passed Unanimously

President Sohl declared Ord. #1-2000 as Passed on Second Reading.

Ord. #2-2000 An Ordinance of the Township Council of the Township of Mount Olive Authorizing the Sale of Block 5300, Lot 18 C8.2A to Richard W. Eastman for $155,000. (Old police substation) - B. Guenther (continue to 2/8/2000)

President Sohl opened the Public Hearing on Ord. #2-2000

Mr. Scapicchio moved to Continue the Public Hearing on Ord. #2-2000 to February 8, 2000 and Mr. Heymann seconded the motion.

ROLL CALL: Passed Unanimously

ORDINANCES FOR FIRST READING

Ord. #3-2000 An Ordinance of the Township Council of the Township of Mount Olive Establishing Sewer Allocation Charges for the Budd Lake Sanitary Sewer System and the Cloverhill Sanitary Sewer System for the Year 2000 and Thereafter.

Mr. Scapicchio moved that Ord. #3-2000 be introduced by title and passed on First Reading and that it be scheduled for Adoption after a Public Hearing on February 22, 2000 at 7:30 p.m. Mr. Spino seconded the Motion.

Mr. Rattner: I just have a question of the Business Administrator. Mr. Casey, do you think that by February 22, 2000, we will have a draft of the Water & Sewer Budget?

Mr. Casey: Yes.

Mr. Rattner: I realize what we=re underBI would like to see that because when we=re setting the rates it really is based on some sort of Budget that we have. I realize it=s going to be a draft.

Mr. Casey: The Auditor has presented to you his financial projections for it. I share your concerns. It may not be enough.

Mr. Rattner: I would just really like toBit=s very hard when setting ratesBI really want to be able to understand where the expenses and where the revenues are coming from other than two linesBand we are behind the eight-ball because of different changes in personnel. Usually at this time, I=d be complaining, butBwhen do you think we=ll get it? What is your projection?

Mr. Casey: Well, we are in the processBI=ve met with the Department Heads requesting more detailed information, including doing the Water & Sewer Budget firstBit=s the easiest budget to do, so I can have it out by this time next week.

Mr. Rattner: That would be good. Just be sure to note that it=s Afirst draft.@

Mr. Casey: It will be duly marked.

ROLL CALL: Passed Unanimously

Ord. #4-2000 An Ordinance of the Township of Mount Olive to Reorganize Certain Existing Divisions Within Various Departments into a Centralized Department of Public Works Management -

Mr. Scapicchio moved that Ord. #4-2000 be introduced by title and passed on First Reading and that it be scheduled for Adoption after a Public Hearing on February 22, 2000 at 7:30 p.m. Mr. Rattner seconded the Motion.

Mr. Rattner: I just have a question for our Attorney. In looking over the Section of the State StatutesB40, 40A, talking about APublic Works.@ I notice that under 40A:9-154.6, it said this could be a tenured position. I would just like the Attorney to at least investigate that because if it is, I might have a problem creating another tenured position. I don=t know if I=m reading it right.

Mr. Scapicchio: Are you looking at the ADirector of Public Works,@ Steve?

Mr. Rattner: Yes.

Mr. Casey: I think you referring to probably a sectionBit probably said, APublic Works, Certified Manager.@

Mr. Rattner: It says, AMunicipal Superintendent of Public Works@ it says, A...employees of a Municipality whose duties include supervising the care or maintenance of streets, roads, avenues, public buildings, places, sewers, and motor vehicles of the municipality, notwithstanding the job title given the office, or position.@ I=m just asking the attorney to look at it. The way that I read it, I=m just scaredBit looks like it says it=s a tenured position, and the person could hold the job until he=s 70.

Mr. Dorsey: I=s my understanding that the Directors of Public Works now get certified and do get tenured.

Mr. Casey: The Director is not a ADirector of Public Works.@ There=s a program called AThe Public Works Managers Certification Program.@ You have a certified Public Works Manager now, it happens to be Mr. Dolan. The Statute does not say that the Director of a Public Works Department is, in fact, a Public Works Certified Manager. That is a separate program where you=re going take certain courses and classes, etc. and you become certified the same as you have the Clerk or the Assessor. The law does not say that that position has to be the director. It just says that the Municipality must have available to it, a Certified Public Works Manager. All right? So, that=s a whole different section of Statutes. I=m not sure the section you=re referring to there becauseBas Mr. Dorsey can research the section on the Director of Public Works within the Faulkner Act, is, in fact, a Director as an Appointment.

Mr. Dorsey: We=ll take a look at it.

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 which may be offered. If one or more Council member requests, any individual resolution on the Consent Agenda may be removed from the Consent Agenda List and acted on separately.

Mr. Spino: I was not here at the Workshop. I did listen to the Tapes. Contrary to what was said, I would be willing to donate more than the allotted amount to keep Dover General Hospital. It=s unfortunate, I think, what=s going on. Mr. Bonte was right, from the beginning we thought we were doing a good thing by consolidating and supporting that. I would consider giving more. I also did listen to the tapes about Crown Towers, and I agree with what the Council is about to do.

President Sohl: Any other Council Comments?

Mr. Heymann: Well, I have oneBdo we have more people interested in giving more money? I just want to know, because I wouldn=t mind amending that. I know it=s there for $1,000, but if we don=t, I=m not going to rock the boat. Is there anything greater than $1,000? I know, Mr. Spino now coughing up some money, I=d hate to miss that opportunity.

Mr. Spino: Do it while you can.

Mr. Heymann: That=s what I=m saying. Strike when the iron=s hot. Does anybody? What do you think, Earl? $2500.

Mr. Spino: Yes, something like that, $2500.

Mr. Heymann: Okay. Do I have any other $2500 takers on the Table here? A bunch of tight-wads. We=ll have to keep it the way it is, unfortunately.

President Sohl: Is there anyone from the Public who would like to address the Consent Resolutions.

Resident: I really don=t understandByou are one of the biggest municipalities in the area, you are only going to give $1,000 to the coalition. I am a member of the coalition. Yesterday, we were in a meetingBand little Towns, like Mt. Arlington with 3,500 residents gave $5,000. Some even gave $15,000. And you=re going to be the smallest of the ten municipalities now, with $1,000. That going to make Mt. Olive look pretty bad since we have almost 25,000 residents here. There are over 35,000 Senior Citizens who use this hospital very often. We take anything, we even take a dollar, but given the size of this Township, the second largest in Morris County. I don=t knowBI can give $1,000, it doesn=t make a dent in my life. I don=t know. I wish you=d reconsider and be a little more generous, and go with Mr. Spino. Thank you.

Mr. Spino: We=ve all had friends or family that have been rushed to Dover General, to go from here to Denville, although not that much farther, still far enough to maybe make a difference. I=m asking the Council to reconsider their position.

Mr. Heymann: Well, you know you have my vote, Earl. We just have to wait for somebody else to crack open the ol= wallet.

President Sohl: Mr. Bonte?

Mr. Bonte: On #6, you=ve known my opinion for many years regarding what has happened with Dover General Hospital and what has happened as a result of Northwest Covenant taking over that hospital. I too, feel that it is almost unconscionable that this Town of 25,000 residents is only considering anti-ing up $1,000. We throw out numbers all the time, and I=ve been here and argued for years over the amount of money that=s given to the Mt. Olive Child Care Center every year, and I think that=s over $20,000 a year now. And that benefits a very small portion of our population, and it=s a contribution that is made to an organization that competes with other private day-care centers. And, here we have a situation of where we=re only willing to anti up $1,000Bwhich is four-cents per resident to increase competition in Morris County in a very critical area of health care. Do you want to continue to see an operation like Northwest Covenant take over virtually every health care facility in the Northwestern part of this State and be able to dictate where you have to go for Health Care Services, and what Health Care Services you can get at the prices they want to charge, then, only put $1,000 into this. But we=re talking about the well-being of a lot of citizens in this Town who have used in the past this facility, and will continue to use it in the future. It=s health care for all of us. It effects every person in this Town. I don=t think the job that St. Clair=s has done in the past or is doing now has ever measured up to the job that Dover General did when they were separate hospitals. It=s unfortunate that what happened happened. I don=t know if ultimately it can ever be reversed. The first thing that needs to happen as I stated last week, is this Town has to show that we=re with the rest of the communities in the western part of this County. We support this effort, and we want to see this effort take place so this hospital does not get shut down, that health care is only ten miles awayBnot 14-15 miles away in what is really a completely different attitude towards healthcare at the hospital in Denville. So, I would encourage you to increase the amount of money here and I think we should consider at least $5,000 considering what our teeny little neighbors to the east of us have put in. And, if any of you have a conflict of interest regarding this particular action, you shouldn=t be voting on this. Thank you.

Mr. Dorsey: I think you have to make a motion to Amend.

President Sohl: Is there a Motion?

Mr. Spino: I move to Amend to at least $2500.

Mr. Heymann: Second.

President Sohl: Any discussion?

Mr. Heymann: I=ll just reiterate what I said last timeBnot to repeat the services the hospital rendered, but, once again, in the spirit of some type of collective bargaining agreement that we=re trying to do shared services with other municipalities, I think it would put us in a more favorable light when we go to some of these other communities and say we kicked in our little bit of money to help outBand it may not be an effort that=s successful, but I don=t think that that=s ever made much of a difference to us in the past. We funded plenty of money. And I have to be honest with youBRich brought up an interesting point. We continually fund the Mt. Olive Child Care Center. If you can honestly fund that center that really benefits a small minority of people in our municipality and then when people come to us about this one, you can vote ANo@ but then you really have to search what you=re going to do when that comes up when you have some strange reason of how you can justify one without justifying the other. I=d like to see us go to $5,000 which was the original request, but I would certainly like to go to $2,500.

Mayor Licitra: My original recommendation was $2,500 with the proviso that we=d probably make that seed money and see how the case is going and we could discuss some more amounts.

Mr. Spino: People have said, AIt=s a hopeless case.@ You never know. It seems to me that most of the County is getting into this fight. At least the part of the County that=s this side of Dover General. It might work. They might not be able to do everything that they want to do. To me, it=s worth more. I=ll settle for the $2,500. I=d like to see $5,000 also.

President Sohl: Anyone else? All right, we=re voting on an Amendment to this ResolutionB#6.

Mr. Guenther: I will have to Abstain because my wife is employed at Dover General.

ROLL CALL: Passed by the Majority. Mr. Heymann, Mr. Spino, Mr. Sohl voted YES

Mr. Scapicchio, Mr. Rattner voted NO

Mr. Guenther ABSTAINED

President Sohl: The amendment passes The amount on Resolution #6 is changed to $2,500.

1 Resolution of the Township Council of the Township of Mount Olive Authorizing and Approving Two Contracts Between the Township of Mount Olive and Golub Animal Hospital.

2 Resolution of the Township Council of the Township of Mount Olive Approving a Contract Between the Township and Morristown Memorial Hospital for Public Health Nursing Supervisor and Community Health Educator for the Year 2000.

3 Resolution of the Township Council of the Township of Mount Olive, County of Morris, State of New Jersey, Creating and Continuing the Mount Olive Municipal Alliance Committee.

4 Resolution of the Township Council of the Township of Mount Olive Providing for the Transfer of 1999 Current Fund Appropriation Reserves.

5 Resolution of the Township Council of the Township of Mount Olive Approving Professional Service Contracts for the Township Attorney, Municipal Engineer, Municipal Judge, Real Estate Consultant, Labor Counsel and Accounting, Auditing and Financial Consultant for the Year 2000.

6 Resolution of the Township Council of the Township of Mount Olive Appropriating the Sum of $1,000 to the Coalition of Municipalities Attempting to Keep the Dover Campus of Northwest Covenant Hospital Open for Various Essential Services.

7 Resolution of the Township Council of the Township of Mount Olive RE: Green Acres Application. (B&H Realty)

Mr. Heymann moved for approval of the Consent Agenda and Mr. Spino seconded the motion.

ROLL CALL: Passed by the majority. Exception: Mr. Guenther ABSTAINED on Resolution #6.

RESOLUTIONS - NONCONSENT

President Sohl: We have one item on Non-consent.

8 Resolution of the Township Council of the Township of Mount Olive Relative to Crown Tower Estates. (Transfer of development credits)

Mr. Scapicchio moved for approval of the Resolution and Mr. Heymann seconded the motion.

President Sohl: Is there anyone from the Public who would like to address this Resolution?

Mr. Bonte: I don=t know if you=ve received my letter, but I would like to read it, regarding this issue.

Mayor Licitra: The whole thing?

Mr. Bonte: Yes, sir.

Mayor Licitra: You giving out a commendation to somebody?

Mr. Bonte: No, but I would like this to be read into the Public Record.

President Sohl: We can attach it also, but that=s your pleasure.

Mr. Bonte: Most of you have known me for many years, and the views and positions that I express openly at the Council Meetings are usually not what I would call special interest for myself or my street. I have always tried to take a position of what would be best for the Township. Therefore, I do find it a bit embarrassing to be writing to you on this issue that directly effects the street I live on. However, I do believe I can put forward an opinion which I believe is in the interest of the Township, and not just my own backyard. As I previously stated in the early meetings, it is my belief that the owner of the above mentioned property is certainly within his rights to develop the site within the laws and regulations established by the State and the Township. I do not believe the developer is entitled to any special treatment or consideration regardless of what offers he may propose unless those offers are truly within the best interest of the Township. I am not advocating an Aanti-development@ position, but rather a realization that we do not need to accommodate a developers desire to increase his profit at the expense of Township residents. Having stated those basic views, here=s my interpretation of what I believe is happening and what I would propose would be the best value for the Township residents. It is my understanding the developer has two parcels of land upon which he can legally construct homes. He has planned to construct approximately 120 homes on a much larger lot on Budd Lake Heights and Crease Roads. These 120 homes are to be constructed in an area with 5-acre zoning, and they=ll probably have sale prices in the neighborhood of $400,000 to $500,000. The Developer is offering the two non-contiguous parcels of land to the Township for use as Open Space in exchange for development credits to build additional seven houses on the larger parcel. In my belief, the offer to exchange the two parcels for development credits is in the developer=s financial interest. A) To allow the construction of similar style and price range homes in the same area without having to develop two other sites and provide a separate infrastructure. And, B) to maximize his profits due to the economies listed in Item A, above, and the fact that the more expensive homes would probably be built on the large site than on the small site off of Budd Lake Heights Road. I don=t fault the Developer for wishing to accomplish the goals above. I merely wish to propose what I believe are the reasons for such a proposal. This is not a proposal for the Township=s benefit. It is mostly to maximize Developer profits. The construction of the 120 additional homes within the Township will add approximately 276 additional children to the Township of Mt. Olive, of which approximately 213 will require schooling in the District. The approximate cost at $10,000 per student to the taxpayers is $2,130,000 annually. Assuming that the average assessed value of the homes in this development is $450,000, then the school tax collected from these homes will be $898,000Bor a shortfall of $1,231,000. This shortfall will be borne by all remaining tax payers within the TownshipBwhich would be an average increase in each home owners taxes of approximately $125, so the Developer can make money. This cost does not take into account any increases to the Local Municipal Tax rate as a result of the increase services which may not be covered by the taxes collected, nor does it take into account any capital construction costs of additional school facilities which will ultimately be needed for this and other development. It also does not factor in the future value of these expenditures. Therefore, the direct result of the development of this property will be an increase in taxes to the Township residents. Over a 20-year period, this increased school cost alone to our residents and local businesses for this development will be $24 million in AYear-2000" dollars. Using a modist inflation rate of on 4%, expenditures of the Township would be just over $40 million in 20 years. We have no obligation to reward the Developer by granting these development credits in exchange for land which will be coming off the tax rolls. Basically what we will be doing is to grant him the development credits in exchange for the right to tax ourselves to pay for the education of the children who will live in this development. I would propose that the Mayor and Council negotiate with the Developer to get the best deal for the Township. A Developer must be willing to mitigate to some extent the impact of his proposed project on the Township residents by proposing something in addition to just donating land he doesn=t want to build on, or does not consider as economically advantageous as the land he would like to build on. I would suggest that the Developer be encouraged to look at present shortfalls of recreation, fire and first aid needs of the Township, as well as the impact that his development will have on the limited Township resources, and back to this Council with a proposal that while benefitting his needs will be more attractive to the needs of the Township and help reduce the burden being placed on all Township residents. I would further recommend that should the Township agree to exchange the two properties in exchange of development credits that the transfer of title of these properties occur at the time that the Developer signs a Development Agreement with the Township. I didn=t see anywhere in this proposed resolutionBand I=m sure you have investigated, Mr. Dorsey, that this can be done by Resolution and not Ordinance?

Mr. Dorsey: Yes.

Mr. Bonte: I did not see anything in this Resolution regarding a date as to when the development credits would be transferred to the developer, which I would assume would be this evening, and when the Township will take title to the land. The opinion that I=ve written of in this letter is really my backed-off opinion. My personal opinion is, at the time the development credits are transferred, we should receive title to the land. If he subsequently does not want to build on that land, those credits go with whatever he wants to do with that landBif he wants to market it to somebody else. But I do think there needs to be an air-tight point of time itemized now in this Resolution as to when we receive the title to this land and when he receives those credits. But I seriously think you should consider the letter I=ve written. I know Mr. Tarn wrote a similar letter to this Council regarding the impact that over-all this development is going to have on this Township. I realize that=s not the issue here before you this evening, but it=s very convenient for both Government and private developers to compartmentalize portions of their project so that only one portion can be addressed at any given time without considering the over-all impact of the entire project. Basically, he wants to make more money. And you, by giving him these credits are giving him the opportunity to make more money. He=s going to make more money, and it=s going to cost us as tax payers all this money, there should be more in it for us than this. Or, consider going to bonding and purchase this property. Because I don=t think it would cost you $40 million between the cost of the property and the Bonding cost to buy this property over a 20-year period. So I hope you would consider this this evening. Maybe you want to delay action on this, get back to the Developer and see what else he=s willing to give you for these very important seven credits he wants. Thank you.

President Sohl: Thank you, Rich. Anyone else from the Public? I will close this portion to the Public Council discussion?

Mr. Dorsey: Let me just say this. The reason the Resolution does not define when the property will be conveyed is because this step is only a small step in the process by which he must still obtain subdivision approval from the Planning Board. So this is just a first step in his application to the Planning Board, and essentially, this step is solely to say whether or not the Township Council agrees that the property that he offers to convey to the Township is acceptable to the Township. He may never get subdivision approval. And if he does get subdivision approval, the time when the property will be conveyed to the Township will be fixed in the Developer=s Agreement. And, I often refer to Mr. Bonte as the ombudsman, but there is some basic, somewhat, false premise in his statement tonight, and that is that all these homes are going to be built because of what the Township Council may do tonight in approving the transfer of development credits. That=s absolutely untrue. The only number of homes that are involved in this particular action are the seven to be transferred from the two parcels to the main parcels that he seeks to develop. The rest of it, it is my understanding, he is subdividing in accordance with the Land Use Ordinance, and that, of course, is an issue that I assume the Planning Board, and certainly the Public will participate, will thoroughly analyze before there is an any approval granted to them. So, the only thingBthe most that is at stake tonight is the transfer of seven units from two parcels to the prime parcel, and it really should not be stated that what is being given is approval to develop the total development of 120 homes. That simply is not true. The development of any of it is subject to the Planning Board, and the balance of it, we presume, at this point is in accordance with the Land Use Ordinance, so he simply has the right to do that without any approval from the Township Council at all.

President Sohl: I was just going to add, John, in the similar fashion, in which we set in place the transfer date for the Newfane property. We did that when we adopted the Developer=s Agreement. That came to the Council, and, in fact, that was a point that I wanted to be made very clear that we did not wind up with property being transferred to the Township after the final house was built, which could have been several years, and, in fact, it=s probably still not even done. But we can set that date in motion when we know we have a clear path to getting those two properties. It seemed quite evident to me that the residents on Budd Lake Heights RoadBcertainly those that were backed up to that 12-acre parcel were very, very concerned about seeing no development there, as well as the other home, which is on Sandshore, which is sort of downhill from it.

Mr. Spino: I would like to know when do we get the Lots? Would it be in appropriate now to sayBto amend this and say, can we get the Lots at the signing of the Developer=s Agreement?

Mr. Dorsey: We can do that. If you want to put a paragraph in there, I can do that after tonight, but it=s something you will fix when the Developer=s Agreement is signed. He cannot develop anything without the execution of a Developer=s Agreement, and at that time he has to produce all the things within reason that you require.

President Sohl: Is that a Motion to Amend?

Mr. Spino: Yes.

Mr. Dorsey: All right, I=ll add a clause.

BE IT FURTHER RESOLVED, that it is the position of the Township Council by way of advice to the Planning Board and the Developer that the lands by this Resolution that will be accepted to the Township shall be deeded to the Township prior to the filing of the final subdivision map, i.e., at the time of the execution of the Developer=s Agreement assuming that subdivion approval is ultimately granted by the Planning Board.

Mr. Spino: I just want to make sure that, you=re saying when they sign the Developer=s Agreement. Not when they bring the maps downB

Mr. Dorsey: Well, they have to sign a Developer=s Agreement before they can go down to Morristown.

Mr. Spino: I know that. That=s what I=m saying.

Mr. Dorsey: Before the Township signs the Develper=s Agreement.

President Sohl: All right, we moved to Amend the Developer=s Agreement. Is there a Second?

Mr. Scapicchio: Second.

President Sohl: Roll call on the Amendment.

ROLL CALL: Passed Unanimously

President Sohl: Any further discussion on the Resolution?

Mr. Scapicchio: The way I view this, what we=re basically doing in this action tonight, a net result is less housesBthe number may be small, but it is less houses that are ultimately going to be built and the Township is going to end up with two separate parcels of property that are going to remain open space in two separate areas and neighborhoods of the Township. And it just seems to me, the action that we=re taking in the long run is going to have less roads for us to maintain, less roads for the Sanitation employees to travel and pick up. And we=re going to have two large, open space parcels that are going to remain that way forever and ever. And that=s why I think this is a good deal.

Mr. Guenther: I appreciate Mr. Bonte=s sort ofBcall it a primer on the economics of the impact of developments in the Township. I think Mr. Dorsey already alluded to this, but I want to emphasis it. I think the comments are misdirected here at this Council. I think these types of commentsBand I think it=s a very good exerciseBshould be directed to the Planning BoardBthe Planning Board stage of them considering what is the impact of the Town. Number Two, I am relatively new, but I do know a little bit about real estate. It=s my understandingBthere is nothing new about this. The impact of any development on the Town is in accordance with what the Ordinances are in the Town, with what the law of free enterprises. The only way we=re going to change that is by getting 100% or 150% behind the efforts of the State, the League of Muncipalties look for part of the impact fees at the State level. These have been enacted and held in Court in various states in the country. New Jersey can do this. In fact, I was at a seminar this past Saturday for new officials where they gave us an update on the status of that. I think we really shouldBI know we support it, but we should be in active contact with the League of Municipalities to back that and make that come true because with that, the problems you state, Rich, will be addressed, and on a state-wide basis where we will be empowered to be able to make developers give us contributions for things for which they created an impact on the community.

President Sohl: Anyone else?

ROLL CALL: Passed unanimously

MOTIONS

1. Bill List & Supplemental Bill List. ATTACHED

Mr. Rattner moved for approval of the Bills and Mr. Heymann seconded the motion.

ROLL CALL: Passed unanimously

2 Approval of Raffle Application #923 for St. Jude Church. Approval of Raffle Application #924 for Knights of Columbus #6100.

Mr. Heymann moved for approval of the Motion and Mr. Spino seconded the motion.

ROLL CALL: Passed unanimously

COUNCIL REPORTS

Library Board Liaison Report

President Sohl: The Board will meet in February, they have sent us a memo requesting a scheduled session with the Council to discuss their potential expansion plans.

Recreation Report

Mr. Heymann: I=m not certainBand Mr. Spino is of no helpBbut, I do believe that Flanders Crossing may be on for this Thursday. As you know, there may be a little bit of opposition from several of the residents from the Crossing.

President Sohl: Opposition to?

Mr. Heymann: To the lighting. Any which way, I will be there, so let=s get a little brew ha ha going.

Board of Health Report

Mr. Rattner: The main thing that we discussed was the inquiry that the Council got about expanding the franchise area of the Country Oaks Water to provide non-potable water to a local strip mall. Everybody got a package from the Health Officer. We were concerned, and we don=t support it for a number of reasons that are listed in there. But one of the things that I think especially should be noted is, the Developer came before the Board of Health, I believe in September, asking for a variance to use an existing well. He made all kinds of representations at the time that he found a well that was existing that he needed a variance for because it would be under the parking lot, could provide the water even though his Developer=s Agreement with the Planning Board required him to drill a new well for higher output. It seemed like we got that letter almost at the same time from the Water Company saying they were requested to buy water because they didn=t have enough. My recommendation, and the recommendation of the Board of Health is that we don=t entertain at this point. That we consider that expansionBthe Water Company met with me and the Council President last night, and they=re really not interested in it. Besides, I think the real issue goes back that if this Developer goes back to his original approval based on his testimony before the Planning Board. He develops a well that can provide the waterBwhich his studies showed he could do. So, I think what we have to doBsince it came to the Council from Applied Waste Water, that at least we send a letter back to them.

President Sohl: Would you take care of that? Talk with the Clerk and draft a letter.

Mr. Rattner: Yes, I=ll do that.

PUBLIC PORTION

President Sohl: I now open the meeting to the Public. Is there anyone who would like to address the Council on any matter?

Mr. Lew Candura: Paul, I took your recommendation. I went to the Senior Citizen Center on a Friday. I found them all over there, and you=re right, they have a nice lunch over there. But, I did look at the frozen sprinkler pipe that was repaired. The problem is, the heat is in the concrete. It=s radiant heat, and the heat=s not making it in above the ceiling. There=s adequate insulation above the pipe, it=s still not enough. Either you need more insulation, or you can get some cheap egg crates and put them in the ceiling, and let the heat rise up above the ceiling a little bit, and I think that will fix your problem, no more frozen pipes.

Mayor Licitra: Do we do it Union, or Non-union work?

Mr. Candura: Union, all the way.

Mr. Casey: For Council=s information, we=ve been in discussion with the Builder. He acknowledges that, in fact, there=s a missing two foot section of drywall that has to be placed which would seal off the area where the pipes are from the attic. Once that=s in place, it should resolve the issue. The other problem was, there was a valve buried in the wall that was not working. Consequently the system hadn=t drained properly, and that=s the area where it froze

President Sohl: Is there anyone else from the Public?

Mr. Lucas Franck, Waterloo Valley Road: I haven=t been here for a while. Congratulations, Mr. Mayor, good to have you. I wanted to bring up a couple of points about Waterloo Valley Road. Back in the 80's there was a move to license and landscape the Saxton Falls Site. At that time, there was some back and forth on whose job it was to do what, and then it dropped out of sight. It dropped out of sight until they were successfully able to drain the aquifer and pull water from 20 houses. I don=t think that should be allowed to happen again. I=d like to seeBand I think it=s partly my responsibility as a citizen to keep the profile as high as possible. But, this situation has not been resolved. There is still an issue about landscaping that site and I=d like to see regular reports on the Waterloo Valley Road situation on the Council Agenda until it=s resolved.

Mr. Rattner: It is on for our Workshop Meeting tonightBafter this meeting. AStatus of Quarry Ordinance.@

Mr. Franck: Okay. I=m pleased to hear that, but I=d like to see that as a regular report. On that issue, two other thingsBmy latest information is that there has been an Assistant District Attorney appointed. They are moving on this very slowly. Apparently Hurricane Floyd got in the way in terms of their priorities and what they=re trying to resolve in terms of damages. I thinkBand I=ll talk to Mr. DorseyBperhaps a Resolution from the Council at the next meeting would be in order to ask them to raise this situation higher on their priority list. While we=re talking about priorities, I would like to commend Saxton Falls for widening the area cleared of snow on Waterloo Valley Road. They did a better job than the Town did. We had really little snow plow coverage in either of the last two storms to the point that Saxton Falls felt obligated to widen the road so that the trucks coming in and out wouldn=t run into each other. They also widened it enough so that we could get by the trucks when they were coming in and out and I really feel that that=s the Town=s responsibility and not Saxton Falls.

President Sohl: Got that, Mayor?

Mayor Licitra: Yes.

Mr. Franck: Thank you.

President Sohl: Thank you. Anyone else from the Public?

Mr. Bonte: Just one final comment on Crown Tower. While you were correct, Mr. Dorsey, in your statement, it was my intent to make this Council realize the impact of this development. Because only this Council, not the Planning Board, can give consideration to possibly investigating whether or not it would be in the Township=s best interest to purchase this land. So, that was the reason why that information was there. To sort of put something in the back of your head, because you, Mr. Sohl, made the comment two weeks ago that we can=t afford to buy this. While I realize the precarious situation that the Township is in regarding it=s bonding ability and raising taxes, we=re going to raise them one way or the other. I think we might raise them less if we pursued a different approach to this. And only this Council can entertain that. The Planning Board can=t. So while the other debate will be starting in the next few weeks in a different venue, I don=t think the Council should forget about this. I think you should give what I=ve written in this letter some serious thought and start looking at whether or not there may not be a cheaper alternative. The other thrust was, and I am kind of displeased that we didn=t get something else out of this guyBconsidering what we=re giving him. We are giving himBI realize, Dave, he=s going to build less houses this way, but he=s going to make more money doing it this way. It=s definitely to Mr. Bonte (cont=d): his advantage to do this or he would have never proposed this in the first place. He would have never purchased these two non-contiguous pieces of property without this in the back of his mindBand I don=t fault him for that. He=s a shrewd businessman and I admire him for that. I think we need to be shrewd also. Now, regarding snow removal, Mr. MayorB

Mayor Licitra: Yes. Thank you very much.

Mr. Bonte: You=re welcome.

Mayor Licitra: I know you=re going to complement me. I=m getting nothing but complements.

Mr. Bonte; I don=t know how you can assume that, butB

President Sohl: Because he=s already heard indirectly.

Mr. Bonte: I=d like to tell you that this is the first time in recent memory that I can recall sanding and salting trucks going up and down my street. You guys did a good job in both of these storms and I want you to know that.

Mayor Licitra: It wasn=t me, it was the Departments. And I did write them both a letterBthe Sanitation and the Road Department, and I did complement them on the job they did. And I didBI did get complementsBthey=re not all complements, but I did get one or twoB

Mr. Bonte: I wanted to you know that.

Mayor Licitra: Thank you, that=s three.

Mr. Bonte: Regarding the Sewer Rates in the Ordinance that you have for the next meeting. I did a little research regarding the comments I had made relative to the Village Green a couple of weeks ago. I see in the current Ordinance establishes rates for 2000 that the Village Green is not in the Ordinance. I would presume that that means that you have no plans on changing the Village Green=s rate structure.

President Sohl: That=s correct. That=s a signed, sealed and delivered agreement.

Mr. Bonte: From the information that was presented by the Auditor a couple of weeks ago gave the impression that that system operated at an excess revenue over expenditures of $138,000. And, I was looking for an Ordinance that determined how we charged, and I found in the Code, in Section 196-57 states when an independent agency provides services on behalf of the Township for water users, that the Township shall add an Operations and Maintenance charge which shall not exceed 20% of the original bill sent to the Township from the independent agency. Which led me to start to think, do we know that we=re charging enough for this service? Did you get from the Auditor what the projected MSA Bill will be in the Year 2000 to determine what that rate should be for the sewer service for the Village Green, and does it fall within this 20% factor? So, I was wondering to see if you could get that information within the next week and determine whether or not a rate adjustment needs to be made.

President Sohl: I think what we are looking forward to with this Administration is an additional level of detail. I will be the first to say that I have never had a comfort level of operating expenses relative to water, sewer or otherwise in this community and whether or not the fees, charges, expenses, are being properly allocated. I=m certainly hoping, and I=m relatively confident in the Mayor and Business Administrator that we have now that they know how to look at this thing in a business and professional mind set.

Mr. Rattner: The Auditor requested from me about three weeks ago, if I could get those numbers earlier from the MSA=s Auditor, and they were delivered to our Auditor. So when he started working with the Business Administrator and the CFO, he had the information. So, I=m sure it=s in there.

Mr. Bonte: All right. And my last comment, back in September, the Township received the infamous ALou Report@ on the investigation of the Budd Lake Project. To the best of my knowledge, the findings and recommendations in this Report have not been discussed in a Public environment. There were some reasons given why they weren=t discussed a number of months ago. I don=t believe that those reasons were valid at the time, and certainly not today. You can discuss the findings and recommendations of this report without impacting personalities as opposed to positions. But I think since we paid somewhere in the order of $10,000 - $15,000 for this report, I was certainly in agreement with most of the findings that were found and the remedies to prevent Mr. Bonte (cont=d): this from happening again. If this Council should have a discussion of this report and establish the necessary Ordinances or regulations to prevent any large project in the future from something like this happening again. I would like to see if you would consider getting this on the Agenda in the next month or two so we can put this report and its findings to rest.

President Sohl: Okay. Anyone else from the Public? Seeing none, I will close the meeting to the Public.

COUNCIL COMMENTS

President Sohl: We are going to go directly into a Workshop meeting.

ADJOURNMENT to Workshop Meeting

Motion made for adjournment. All in favor, none opposed. The meeting was adjourned at 8:50 pm.

____________________________________

William H. Sohl

Mt. Olive Township Council President

I, LISA M. LASHWAY, Township Clerk of the Township of Mount Olive do hereby certify that the foregoing Minutes is a true and correct copy of the Minutes approved at a legally convened meeting of the Mount Olive Township Council duly held on August 8, 2000.

________________________

Lisa M. Lashway

Mt. Olive Township Clerk

mee