Mount Olive Township Council Minutes
March 14, 2000

The Regular meeting of the Mount Olive Township Council was called to Order at 7:30 pm by Council President Sohl.

According to the Open Public Meetings Act, adequate Notice of this meeting has been given 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, New Jersey, and notices were sent to those requesting the same.

ROLL CALL: All Present: Mr. Heymann, Mr. Guenther, Mr. Scapicchio, Mrs. Kelly,

Mr. Spino, Mr. Rattner, President Sohl

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

President Sohl: First order of business, we have a couple of Presentations.

Presentations: Mayor Paul Licitra

Mayor=s Youth Council

President Sohl: What has been customary any time somebody has left a Council position, although in your case for higher office here, we present a plaque for the service you have given in the position of Councilman. Just briefly, this is in Recognition and Appreciation for your eight years as Councilman, Mt. Olive Township. Hopefully, you have a spot on your wall for this.

Mayor Licitra: I do have a spot on my wall for it. I thank this Council very much. I also always will feel I=m part of this Council. There=s supposed to be a division between the Administration and the Council. I always want these people to know that my heart is always being a Councilman. Every time the vote goes over here, I get annoyed that I=m not allowed to vote because I=m so used to voting. But, anyway, thank you very much.

President Sohl: Thank you. And, we=ll go on to the next presentation, AMayor=s Youth Council.@

Mayor Licitra: Yes. I=d like to give a little background on this. In November, we got together with the 8th Graders, and we kind of adopted one another up at the Chester M. Stevens School. We kind of figured it would be great if I followed them through my four years and their four years up at High School. And we established a Youth Council. They had some ideas, and they sent me a letter, and I=m going to meet with them after I swear them in. I would like to introduce, at this time, Mrs. Karen LaValle, from the Middle School. She is the coordinator of the Mayor=s Youth Group, and my representatives are, my daughter, Suzanne and Chris Killian. The members of the Committee are: Cory Neugroschel, Richard Donofrio, Samantha D=Souza, Kimberly Friedland, Jake Hughes, Tim Meola, Danielle Maranda, Kelly Rehm, Sarah Smith, George Ackley. And the two High School Coordinators are Jamie Daggon and Eric Stein.

Mr. Dorsey: Yes, all right. Put your left hand on the Bible, and raise your right hand. This is the Oath of Office that I will Administer, repeat after me: I, do solemnly swear that I will support the Constitution of the United States and the Constitution of the State of New Jersey; that I will bear true faith and allegiance to the same and to the Governments established in the United States and in this State, under the authority of the people; and that I will faithfully, impartially and justly perform all the duties of the office of the Mayor=s Youth Advisory Committee according to the best of my ability. So help me God. You are all sworn.

Mayor Licitra: If you could wait for about five minutesBI have some business that I have to take care, but I do want to make one more comment. I am happy, really ecstatic over the fact of how many parents showed up to se their children get sworn in, and I want to compliment you for supporting your children. Thank you. Thank you, Mr. Council President.

President Sohl: You=re welcome, Paul.


Report of Bond Anticipation Note Sale

Mr. Casey: First, for the Record, we sold a three month BAN, $2,075,000 of the Note was purchased by First Union National Bank at an effective interest rate of 3.8%. This Note will hopefully be retired when the State of New Jersey pays us funds that they owe us under the Green Acres program. So, we have to roll a Note for three months anticipating that State payment.

Appointment of CFO

Mayor Licitra: I would like to make the Appointment, and introduce you to Sherry Jenkins, for your confirmation. Most of you have had an occasion to talk to Sherry. Sherry will be our new CFO with your approval. I would like to invite Sherri up to tell you a little bit about herself. She is a resident of Mt. Olive, and has quite a bit of experience, as you know through her Resume and through interviewing her. Sherry, now that I put you on the spot, go ahead.

Ms. Jenkins: Good evening everybody. It=s my pleasure to be here tonight. I=m very excited about the opportunity to actually work for the community that I live in. I=ve lived in Mt. Olive for about seven years, and I=ve been involved in Municipal Government for ten years. I=ve been an Auditor, a Tax Collector, a Chief Financial Officer, so I feel like I can bring a lot to this position, and I=m really just looking forward to starting and working with all of you.

President Sohl: Thank you, welcome. Any questions from the Council? I=d like to thank you, Paul, for giving us the opportunity to meet with Ms. Jenkins. We met previously, and I think all of us are very pleased with your credentials and we look forward to working with you.

Ms. Jenkins: Thank you.

President Sohl: Can I have a Motion to Approve.

Mr. Casey: The actual Appointment that the Mayor is giving is Chief Financial Officer, Director of Finance and Treasurer. There are actually three Titles that Sherry will hold, and the Motion should be that she be appointed to those three positions.

Mr. Rattner: So moved.

Mr. Spino: Second.

ROLL CALL: Passed unanimously

Mayor Licitra: We=re going to formalize Sherry=s appointment at a later meeting. She wants her family here and we=ll formalize it. She also promised to bring coffee and cake. And that=s going to be a gimme from now on, before we appoint anybody, they have to promise to do that. Thank you, Sherry, welcome aboard, it=s going to be a pleasure working with you.

Ms. Jenkins: Thank you.

Appointment of Chief of Police

Mayor Licitra: With great honor, I would like to do this again. Appointment of the Chief of Police, Ed Katona. Ed is going to do a great job as Chief of Police. He=s a welcome to the Management Team, and I would ask that you confirm his Appointment. Ed, would you like to address the Council?

Acting Chief Katona: I have no prepared comments. I appreciate the confidence that the Mayor has expressed. I=ve been committed to this Township for 20 years. I look forward to working with the Management Team, and working with the Council and the Community.

Mr. Scapicchio: I move that we accept the Mayor=s Appointment of Ed Katona as Chief of Police.

Mr. Spino: Second.

President Sohl: Any discussion? I=ll just simply, say, I=ve had the pleasure, Ed, of working with you not only through the Town, Scouting, and I think, the well-rounded individual that you are, standing there, and will be in terms of running the Police Force, which you=ve been doing, quite capably, obviously for a considerable period of time. I look forward to more good things.

Acting Chief Katona: Thank you very much.

ROLL CALL: Passed unanimously

Chief Katona: Thank you all.

Mayor Licitra: Let the Record show that Chief Katona already fulfilled his obligation. He had coffee and cake for us Thursday.

Appointment of Charlotte Wilson to the Environmental Commission

Mayor Licitra: I would like to make the Appoint of Charlotte Wilson to the Environmental Commission. Charlotte is no stranger to this Council. She=s been involved in the Township for many years. I think she will be a great addition to the Environmental Commission.

President Sohl: You don=t need our consent.

Mayor Licitra: I know, I=d like to get it anyway.

President Sohl: You=ve got mine.

Mayor Licitra: Okay. And if you don=t mind, I have to apologize. I=m going to have a meeting with my Mayor=s Advisory Committee.

President Sohl: That=s fine.

Mayor Licitra: Thank you for your hospitality.

President Sohl: Thank you, Mayor.



S February 22, 2000 (Present: Mr. Heymann, Mr. Guenther, Mr. Scapicchio, Mrs. Kelly, Mr. Spino, Mr. Rattner, Mr. Sohl)

S October 26, 1999 (Present: Mr. Licitra, Mr. Rattner, Mrs. Kelly, Mr. Spino, Mr. Sohl, Mr. Scapicchio; Absent: Mr. Heymann)

S March 7, 2000 Executive Session (Present: Mr. Guenther, Mr. Scapicchio, Mrs. Kelly, Mr. Spino, Mr. Rattner, Mr. Sohl; Absent: Mr. Heymann)

Mr. Rattner moved for approval of the Minutes and Mr. Heymann seconded the Motion.

ROLL CALL: Passed by the majority.

Exceptions: Mr. Heymann ABSTAINED on October 26, 1999 and March 7, 2000

Mr. Guenther ABSTAINED on October 26, 2000


Letters From Residents

1. Letter dated January 28, 2000, from Stanley Roedel, regarding Reissuance of a LOI from Mount Olive Center Associates (formerly Eastern Realty) Block 4100 Lots 80, 83 & 84 (behind Budd Lake School)

2. Email Letter received February 29, 2000, from Dan Swayze regarding noise from the air handling equipment on top of the new A&P in Flanders.

3. Letter received March 3, 2000, from Antoinette Ayres regarding Crown Tower Estates.

4 Email Letter received March 9, 2000, from Jim Puzio of Hampton Township regarding the reopening of the Sussex Railroad.

School Correspondence

Resolutions, Ordinances, Correspondence from other Towns

5. Resolution of the Borough of Madison received February 22, 2000, supporting H.R. 1172 and S. 664 that would create an incentive in the Federal Tax Code for the rehabilitation of Historic, owner-occupied residences.

6. Resolution of the Township of Parsippany-Troy Hills petitioning Governor Whitman and the New Jersey State Legislature to Enact Senate Bill No. 950 & Assembly Bill No. 1944 regarding State Revenue Sharing.

7. Letter received February 28, 2000, from Jack Wagenti regarding a Resolution of the City of Clifton supporting the removal of school taxes from real property taxes and requesting this question be placed on the November 2000 General Election Ballot.

8. Resolution of the Township of Monroe received March 10, 2000, seeking an amendment to the Electric Discount and Energy Competition Act.

League of Municipalities

9. Notice of League Seminar received February 298, 2000, from the New Jersey State League of Municipalities regarding expanding and attracting business in New Jersey=s communities.

10. Notice of League Seminar received March 6, 2000, from the New Jersey State League of Municipalities regarding applying local service partnerships in New Jersey

NJ State Depts. (DOT/DEP/Permits)

11. Notification of application for LOI received February 22, 2000, from Glasson Environmental Services for Block 4300 Lot 6 (Old Ledgewood Road).

12. Request for Addendum to NJDEP Statewide General Permit #14 for ITC South Retail Center & Route 206/46 Regional Connector Road received February 24, 2000, from Amy Greene Environmental Consultants, Inc.

13. Compliance Evaluation for the MSA 4th quarter, 1999, received March 2, 2000, from the New Jersey Department of Environmental Protection.

14. Letter received March 9, 2000, from the New Jersey State Department of Treasury regarding the State=s Surplus Computer Equipment Distribution Program.

15. Local Finance Notice received March 9, 2000, from the New Jersey State Department of Community Affairs regarding Procurement Reform Law is Signed and Public Contracting Law Update.

Correspondence from Organizations/Committees/Boards

16. Letter received February 24, 2000, from the Mt. Olive Child Care & Learning Center regarding the request for an annual budget contribution.

17. Invitation to AMillennium in the Parks@ Reception received February 25, 2000, from the Morris County Park Commission and the Alliance for Morris County Parks.

18. Letter received February 29, 2000, from John Larsson regarding the Leif Erikson Parade & Festival Committee.

19. Minutes of the February 2, 2000, Meeting of the Musconetcong Sewerage Authority received March 3, 2000.

20. Letter received March 9, 2000, from the Musconetcong Sewerage Authority regarding additional capacity.

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

Land Use/Development Matters


21. Newsletter received February 24, 2000, from the Council on Affordable Housing.

Correspondence from Cable Networks/Utilities

22. Letter received March 9, 2000, from Comcast of Northwest New Jersey regarding local connections and around the State.

Correspondence from Legislative Representatives

Correspondence from Federal & State Agencies

23. Preliminary Equalization Table for the County of Morris for the Year 2000 received February 22, 2000, from the Morris County Tax Board.

24. Letter received March 2, 2000, from the New Jersey Department of Community Affairs and the New Jersey Department of Education regarding the Regional Efficiency Aid Program AIntent to Apply for Aid@ Application for shared services communities.


President Sohl stated that we had received 24 items of correspondence and asked Council if there were any comments on same. I will note, I have several pieces of correspondence that were given directly to meBthey were addressed directly to me and they will be added in the next Agenda. I have to draft a couple of responses. In terms of the way we=re running things now, we=re trying to get things organized in a fashion that minimizes generation of paperwork. So, there are probably a half dozen letters from folks in the Budd Lake Heights area that are not listed here, but they will be.

Mr. Scapicchio: On #2. I think the Mayor and the Administrator, and the Developer are working on that situation, and I just want to acknowledge and give credit to them in taking that resident=s complaint to heart and trying to rectify the problem almost immediately.


Ord. #6-2000 An Ordinance of the Township of Mount Olive Amending and Supplementing an Ordinance Entitled ABond Ordinance Providing for Various Capital Improvements of the Township of Mount Olive, in the County of Morris, New Jersey, Appropriating the Aggregate Amount of $1,250,000 Therefor and Authorizing the Issuance of $1,187,500 Bonds or Notes of the Township to Finance Part of the Cost Thereof (Ordinance No. 21-99). (Generator for BLFARS)

President Sohl opened the Public Hearing on Ord. #6-2000

President Sohl closed the Public Hearing on Ord. #6-2000

Mr. Heymann moved for Adoption and Final Passage on Ord. #6-2000 and Mr. Guenther seconded the motion.

Mr. Rattner: This is just moving around items in this Ordinance that was adopted last year. It=s no additional funds. Just our existing Capital Ordinance that we=re adjusting.

ROLL CALL: Passed Unanimously

President Sohl declared Ord. #6-2000 as Passed on Second Reading.


Ord. #7-2000 An Ordinance of the Township of Mount Olive Amending and Supplementing Section 196-57 of the Township Code Entitled AService Charges.@ (increase in sewer rate for commercial users at Cloverhill STP)

Mr. Guenther moved that Ord. #7-2000 be introduced by title and passed on First Reading and that it be scheduled for Adoption after a Public Hearing on March 28, 2000 at 7:30 p.m. Mr. Heymann seconded the Motion.

ROLL CALL: Passed Unanimously

Ord. #8-2000 An Ordinance of the Township of Mount Olive Vacating All Public Rights in and to Gold Street. (requirement of Planning Board - off Goldmine Road)

Mr. Scapicchio moved that Ord. #8-2000 be introduced by title and passed on First Reading and that it be scheduled for Adoption after a Public Hearing on March 28, 2000 at 7:30 p.m. Mrs. Kelly seconded the Motion.

Mrs. Kelly: When this comes up for Public Hearing, I would like to see a map included.

Mr. Casey: We=ll have a copy made available to the Clerk.

President Sohl: Very good.

ROLL CALL: Passed Unanimously


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. Scapicchio: I would like to Remove #8 and act on it separately.

President Sohl: Okay, fine.

Mrs. Kelly: I just have a quick question. On #3, I was just wondering why we need to give approval for the HMUAB

Mr. Dorsey: The answer is, the NJDEP will not consider the Treatment Works Application that has to be made unless the Town in which the connection is going to be made says that it agrees to the connection. And that the connection is consistent with the Town Ordinances etc.

President Sohl: Thank you, John. Is there anyone from the Public who would like to address any of the Consent Resolutions?

Mr. Bonte: I would just like to comment on #6. I understand why we have to do this. I=d just like to propose that either a modification be made to this Resolution, or possibly the Council would entertain a companion Resolution either tonight or at a future meeting that would request the Administration prepare the necessary Bid Specs and go out on competitive Bid for future contracts of this nature. I believe that this type of service can be procured through competitive bid if the right type of Bid package is written. I think there are enough consultants and specialists out there and we can probably get either a better deal with the present company or possibly a better deal with another company. But I think that=s something that we should look at. This is a lot of money. I realize that you don=t have to put this out to Bid, but we=re talking about approximately a $50,000 expenditure on an annual basis. So I=d like to see you do that.

Mr. Rattner: With a service like this, I do have a problem with going strictly to a competitive bid because once you go to competitive bid, you=re basically locked in and you=re supposed to go to the lowest bidder, and it isn=t always the person that gives you the quality of work. This is the second computer maintenance company that we=ve had working for us. The first one, I=ve only gotten horror stories from. When I first saw this, I wanted to make sure it wasn=t the same company. I know that if I was going to go for something like this I would look for what I felt was the best value. Going to competitive bid on some of these things becomes very subjective. If they meet the minimum requirements, you have to take it.

Mr. Bonte: But the minimum requirements don=t only have to be price, they can be technical expertise, technical performance. I have been involved for many years on government procurement of goods and services where we didn=t award to the minimum bidder. We awarded to the best qualified bidder that met our technical specifications. There is no reason why a technical specification can=t be put together that will assure you get the caliber firm at the right price. I guess my point here is, we=re talking about expending $50,000 a year for a service which is not like it was 15 years ago where there were not very many people in this business. There are an awful lot of people in this business, there=s a lot of competition in this business and there are a lot of good people out there. I think we need to go out and at least find out whether there are other people out there that can either give us more value for our money, or maybe more ideas than we=re getting now. I think it=s a lot of money to just say, AWell, we=re happy with the guy we have, and we=re just going to keep paying him without putting him under the gun also.@

Mr. Rattner: Rich, if you want to put together a sample of what you think could tie it downB

President Sohl: I was just going to suggest the same thing.

Mr. Rattner: It=s just in the last year or twoBlet=s not go back eight or ten yearsBwe=ve gotten a lot of low bids on a lot of different things, and I=m really sorry that we were locked in. I can look at projects all over Town, and some that were right here in the building. We got the lowest bid and I think we got what we paid for. They met the minimum requirements, they met the specs, they=re licensed, they=ve had six or seven other jobs that we could check on. We=ve heard some things, but not enough to knock them out. We can=t just say that we heard a couple of bad things, and that=s where a problem comes about.

Mr. Bonte: I don=t think you heard what I said. You don=t have to award to the low bidder if the low bidder does not meet your technical specifications.

Mr. Dorsey: Wait a minute, you may be an expert in thorough government procurement. But, in the State of New Jersey, if you put out Bids and you go to Bid, you=re going to award to the low bidder.

Mr. Bonte: I don=t believe, Mr. Dorsey, that you cannot write your specifications with enough control that will assure you that you will get a qualified bidder. I=m not saying writing a spec to make sure you get a specific person. We all know that=s illegal. But there are plenty of firms out there that do this work.

Mr. Rattner: Rich, if you could find or somebody else uses something to that effect that you think could tie it down, I=m willing to look at it.

President Sohl: And I would suspect, so would the Administration. In fact, one of the things you might start with is the spec we used the last time.

Mr. Bonte: Bill, this isn=t my job to do. There are people on the payroll of this Township that are being paid to purchase goods and services in the best interest of the public and it=s time that we do our job in this Town and do that.

President Sohl: And one of the things we don=t have is somebody that can write that kind of spec.

Mr. Bonte: Well, then, we need to hire somebody that can do it for us. Hire a Contractor that can do it, and we=ll probably save more than his fee. You know that. You do this in your business.

President Sohl: We have the expertise in my business.

Mr. Bonte: Well, when you don=t, you hire them. Right? In any event, I understand why you=re doing this now and I think this should be a Agrace period.@ You=ve got six months, let=s do it right the next time. And it doesn=t need to be done every year. You know you can write these contracts with extensions for two or three years.

President Sohl: All right. Anyone else from the Public?

1. Resolution Authorizing the Issuance of $118,400 Bonds By the Governing Body of the Township of Mount Olive, in the County of Morris, State of New Jersey in Order to Receive a Loan from the New Jersey Economic Development Authority Through the Petroleum UST Remediation, Upgrade and Closure Fund, Public Loan Program and Determining the Form of Such Bonds and Other Details in Connection Therewith. Budd Lake Fire Dept.)

2. Resolution of the Township Council of the Township of Mount Olive Authorizing the Payment of $29,000 to CFM Construction, Inc. from Monies Due to Benanti Construction. (Budd Lake Sewer Project)

3. Resolution of the Township Council of the Township of Mount Olive Authorizing the Business Administrator to Execute a Treatment Works Approval Permit on Behalf of Oak Hill I, Section II. (Sewer extension permit)

4. Resolution of the Township Council of the Township of Mount Olive Awarding Contract #99-20 to Gary Vienna Electric (Generator for BLFARS).

5. Resolution of the Township Council of the Township of Mount Olive Authorizing the Solicitation of Bids and the Receipt of Bids for the Remediation of four (4) Hot Spots at Turkey Brook Park

6. Resolution of the Township Council of the Township of Mount Olive Authorizing a Contract with GEO Concepts for the Maintenance and Training of Personnel in Connection with the Township=s Computer System.

7. Resolution of the Township Council of the Township of Mount Olive Relative to the Mount Olive Public Library and the Dedication of an 8 Acre Tract for a New Library on Property Recently Purchased by the Township from the Baptist Church.

9. A Resolution of the Township Council of the Township of Mount Olive to Transfer Funds in the 1999 Appropriation Reserves of Various Accounts. (Transfer of 1999 appropriations)

10. Resolution of the Township Council of the Township of Mount Olive Amending Certain Terms and Specifications for the Assessment Levied in Connection with the Budd Lake Sanitary Sewer System.(changing BLSP Assessment due date from Oct. 1 to Dec. 1

11. Resolution of the Township Council of the Township of Mount Olive to Amend the 2000 Temporary Budget.

Mrs. Kelly moved for approval of the Consent Resolutions and Mr. Scapicchio seconded the motion.

ROLL CALL: Passed unanimously


8. Resolution of Intent Relative to the Mount Olive Junior/Baseball/Softball Association. (Simsbury Tract)

Mr. Scapicchio: This Resolution has to do with dedicating a piece of property for Baseball and Softball. Over the past week or so, I=ve put some serious consideration into where we=ve been heading with our Recreational Program. It=s also been brought to my attention that the B&H Tract which wasBat least in our mindsBgoing to be used for the soccer complex. Professionals have come back, and it seems the cost to develop that into a soccer complex is extremely expensive. Five years ago, when I first decided to run for Council, Turkeybrook was always talked about as the AJewel,@ or the center piece of our recreational program. The proposal that I=d like to offer tonight is as follows. We have about $500,000 to $600,000 available in the Turkeybrook Fund presently. There is $300,000 - $400,000 of potential money that we will get from Toll Brothers for the reduction in size of a water tank for the B&H property. There=s another $500,000 available from the State for the development of Turkeybrook. What I would propose is that we design, plan and construct both the soccer complex and the baseball and softball complex on Turkeybrook. It seems to me that economies of scale suggest that we can do this at less cost to the Taxpayers, and in my mind, it=s a way to move forward sooner rather than later because we have cash, and money on hand, available to move forward almost immediately. We had Mr. Buczynski in last week who made a presentation of the Acontamination/clean-up@ of that site is minimal. We move forward with a Resolution tonight to go out to Bid to have those four hot spots taken care of. And I=d like to stir some conversation on this issue and if the other Council members are in agreement, I would ask the Council President to set up a Committee that I=d like to call the ATurkeybrook Development Committee@ and I would like to Co-chair that with Mr. Heymann, have a representative of Baseball, Softball and Soccer, and anyone else that Council President and/or the Mayor thinks would be appropriate to move that project forward. That=s my proposal. I=ve spoken to several of my colleagues. Ron and I have reached out for some of the people involved with both of these programs and I=d like to hear from them what their thoughts are, and what everybody else=s thoughts are. But it seems that every day that passes is another day lost. We=re not making headway, and I=d like to move forward.

Mr. Heymann: I=d like to follow up on that. I=ve spoken to Buddy Shakespeare and I know there are guys here from soccer, and they can all stand up, but I don=t want to talk about this unless we are committed to spending the money to develop it. If they=re going to go forward and use this tract and go with the gentleman from North Carolina and he can develop this and come up with a plan. I don=t want shared space. I would like to see soccer have their own complex and baseball/softball have their own complex. I don=t think it works to share it. But that=s up to the Planner to figure out. But I want to get a consensus from this Council that we=re not going to play lip service, and go out and have them do the development and they come back and say it=s going to cost $4 million or whatever the cost is, and then we sit here and say we didn=t think that was going to happen or, let=s put this on the back burner, or let=s build two soccer fields and one baseball field, which we all know doesn=t make any economic sense to do, not to mention the fact that we=re busting out at the seams and we need the

Mr. Heymann (cont=d):facilities. So, I told Dave that I have no objection with regard to the idea. I think it=s a very sound idea, but I don=t want to have another idea with us thinking that there=s a hole in that idea and we=re not going to fund this. We have to be of the realization that it=s going to cost millions of dollars to do this project. I forget if soccer had a number, but baseball=s proposal with Simsbury was $2.75 million or so, I think it was a rough estimate, I figure soccer is the same, so you=re looking at $4 million to $5 million to do this, which, if they move quickly, we could be in a funding phase by the end of this year to fund it to start to develop it.

Mr. Scapicchio: But, Ron, that was two separate facilities and two separate pieces of property. I think it can certainly be less, but I agree with Ron. I want to not just talk about this idea, I want to move forward with the complete project. One last thing that I did want to add that I did forget. With this proposal, what I would also propose is that we eliminate the lights that we have all committed ourselves to for Flanders Park and also use those funds towards this project.

Mr. Heymann: Then we don=t have a consensus on that because I don=t agree to that.

President Sohl: Well, those details can be worked out.

Mr. Rattner: We haven=t appropriated those funds yet for that anyway, there are no funds for lights.

Mr. Spino: I think what we need for this to go is an overall plan. Councilman Scapicchio said that he would remove the approval for the lights, I=d like to see this all laid out, and what kinds of fields are going to be laid out. I=d like to see how much money we have. How much is available, where it came from, and what it could be used for. I=d like to see all those and I=d like to see a five or a ten year plan of what our extensions are going to be, and what our income/revenues are going to be. I think we need that for anything we do. But I would support this if it includes all these things.

Mrs. Kelly: I agree with Dave=s plan. I think it=s a good idea. Over the years I=ve heard that the soccer people didn=t want to share their fields with the baseball people, and the baseball people didn=t want to share their fields with the soccer people because their seasons are not as seasonable as they used to be and it=s not like one is a Spring sport and one is a Fall sport any more, they really play almost all year round. I can understand that, and I=m willing to look at those plans and I would rather give a portion over here for one and a portion over here for another so that they can have their separate fields and redesign the original plan. I would be willing to look at that and see if we can make it work. I think it=s more feasible because there is money that is earmarked for the development of Turkeybrook and it=s easier to get the funding. In fact, I think there is some State funding or small percentage of a loan that we can actually start for Turkeybrook that is already earmarked. I would much rather seeBuse those funds that are available rather than go off on different tracts and have problems with them struggling to raise funds for that, because certainly, there isn=t anything in our Budget that we can help them with.

Mr. Spino: I just want to say, the $500,000 that Dave mentioned, that is the loan that Charlene referred toBthere was a loan for $500,000 for development of Turkeybrook.

Mr. Scapicchio: As well as an additional $500,000 - $600,000 that we already had the money in the bank.

Mr. Rattner: We borrowed the money some time ago.

Mr. Dorsey: We borrowed it like a bridge loan, but that=s our money now.

Mr. Heymann: Right.

Mr. Scapicchio: And I would also like to add, not only does this help out the families and the children that utilize the fields, but I also believe that this is the type of project that adds to the quality of life and the value of all properties within the community, because I think these types of facilities are certainly what people look at when they look to moving into a neighborhood or a Town. And there is no question that it=s desperately needed.

Mrs. Kelly: I have a questionBthe Grant, or loan that we received from the DEP for the development of Turkey brook, that was based on the plan that we had where it had the shared fields. Do we now have to come up with a new plan, and submit it to the DEP to assure them we=re stillBI=m just concerned about the old plan that we approved.

Mr. Dorsey: I understand what you=re sayingBthe money we have in hand at Turkeybrook does not arrive from either a grant or a loan for the development of Turkeybrook. It arrises from the fact that there were some sophisticated financial dealings that ended in a $300,000 - $400,000 contribution by the person from whom we bought the property and almost the purchase price was funded at greater than 100% which let a net in the fund for Turkeybrook. So, to the best of my knowledge, there has been no grant granted from the State of New Jersey based upon a specific plan to develop anything there. That is a possibility for funding. You can start from scratch. You=re not bound by any commitment or any restriction in terms of Turkeybrook other than just to be used for Open Space and Recreation purposes.

Mr. Guenther: This comes as a complete surprise to me. I did not have knowledge that they were going to propose this. I have some questions. What is the idea? To take care of all the baseball and soccer needs through Turkeybrook?

Mr. Scapicchio: Yes.

Mr. Guenther: Is there enough space for this?

Mrs. Kelly: Absolutely.

Mr. Scapicchio: Sure, there=s plenty of space there.

Mrs. Kelly: There=s 100 acres of open parkland and a third of that is perfectly flatBit=s flatter than B&H.

Mr. Guenther: I was under the impression a couple of years ago that that wasn=t even big enough to serve soccer=s needsBas I remember, but maybe my memory doesn=t serve me very well.

Mr. Scapicchio: Well, Peter Jaran is in the audience and he has a recommendation from Olympus Group.

President Sohl: I would like to have just one representative from soccer and one representative from baseball to say a few words to this.

Mr. Guenther: I just want to sayBone of my particular things, we=re always talking about recreational fieldsBand they=re needed. Don=t get me wrong, I support them. But, how about some other types of recreational facilities? We had planned some other extensive things at Turkeybrook. Now, is this going to max-out soccer fields and baseball and there=s going to be no room for anything else at Turkeybrook? That=s my question.

Mrs. Kelly: There=s room for other things.

Mr. Guenther: Well, I don=t know that, Charlene. I don=t think we know that at this stage.

Mr. Dorsey: You won=t know that until you see some kind of a layout.

Mr. Spino: We did ask for a plan.

Mr. Guenther: I agree, Earl, but my point is this. I don=t think we should use Turkeybrook to max-out everything for soccer and baseball. I think there are other needs of other citizens in Town as well. How about a walking track?

Mr. Spino: I don=t want to get into an argument on this. My plan would be to agree with Dave tonight in a concept, get concrete real plans for the fields at Turkeybrook, costs and how much of that cost we have on hand in loans or actual cash on hand, and then go from there and make a decision. I=m not saying tonight that we=re going to not have anything else for soccer or anything else for baseball. This might not be enough. If it=s not enough, then I think we have to make a commitment to find space somewhere else in those other properties that we own. But that=s not the point. I think the point tonight is, simply do we agree with Dave and want to look at this, and want to get plans and net costs and things like that, and I think we should.

Mr. Scapicchio: I think the immediate need, in my mind is baseball, softball and soccer. And, what I=d like to propose tonight is we authorize the Mayor and the Administrator to negotiate terms with the Olympus Group to design both of these facilities to see what they can come up with as a plan, and they would have to also work in conjunction with Schoor DePalma who has certain areas where certain impervious coverages had to go. So, that=s what I=d like to do. I think that=s the only way to move off the dime, is, to start with that plan and we have a foundation to move forward with.

President Sohl: All right, let me try to capture where I think we are. The proposal before us essentially would be to not act at all on Resolution #8, which I can take off, and then to come up and go forward in the interim with efforts to plan what can be done on a combined basis within the Turkeybrook confines.

Mr. Scapicchio: What I would like to replace #8 with, Bill, would be a Resolution that Authorizes the Administration to negotiate the terms with the Olympus Group for the design of the soccer complex that we=ve all talked about, and the baseball fields that were proposed to us last week.

President Sohl: Is that a Motion?

Mr. Spino: I=d like to discuss it first.

President Sohl: Well, let=s hear fromB

Mr. Guenther: Peter is here.

President Sohl: All right, PeterBand then we have someone here from the Baseball Association.

Mr. Peter Jaran, Mt. Olive Soccer: First of all thanks for having me. I passed out some documents that I put together today, that describe and discuss Mount Olive Soccer Club=s opinion on the use of the complex. Pretty much everything that the Council people have been saying is how we feel, location is excellent, the property is flat, clear, conducive to athletic fields. By sharing it with baseball, there=s a cost saving for common structures like concessions and restrooms and storage. It=s definitely less expensive to construct at Turkeybrook than the B&H property to the tune of about 20%. That=s coming right out of Don Lockerby at the Olympus Group. To that end, the Master Plan for B&H is in draft format presently and I=m reviewing it, so that you know where we stand on that. Our concernsBwe don=t know the timeframe on the soil remediation, and whether or not that would impact this. We need to have a permanent home within 18 months. Can we achieve that with this proposal? One of our concerns is, further on down, we need to get an extension from ITC because our commitment from them runs out at the end of the year.

Mr. Scapicchio: I spoke to them today and they will give you that commitment. They have nothing in the near future for use of that property.

Mr. Jaran: That=s terrific.

Mr. Scapicchio: You can confirm that with them yourself.

Mr. Jaran: Great. Thank you for doing that.

Mr. Scapicchio: In fact Steve and I were there and we had that discussion.

Mr. Jaran: Overlap of fields has always been a concern in that first plan that was drawn up for Turkeybrook did show overlapping fields and clearly both clubs were not happy with that. So if you can designate separate areas that solves that issue. Addressing traffic issues and talking to Buddy here, he has indicated to me that his numbers are almost as high as our numbers. So in the springtime you=re looking at having 1600 kids at that facility at any given point in time. Whether it=s a Saturday morning or week nights for practices. So you have to take a look at the traffic issues. The road, the parking, the access road. The funding timeframe, Steve, you talked a little bit about that. That=s critical to get this thing moving to meet our timeframe. The protection of fields. We=ve always been concernedBwe don=t want to have people tearing up the fieldsBwhether it=s driving their cars or playing in muddy conditions or whatever. That is one of our concerns, but we think we have a way to manage thatBto prevent that from occurring. The need for 30 acres for potential--for expansion as the Township grows, financial participation of all parties involved, we think that that=s critical. We=re well to work with the baseball people to help on this. Our opinion is that if all of these issues can be resolved, that Turkeybrook is the preferred location for both clubs and we support the proposal and we recommend that you do hire the Olympus Group. Thank you.

President Sohl: Thank you.

Mr. Buddy Shakespear, Mt. Olive Baseball: I would also like to thank the Council for inviting us here tonight. Peter and I have gotten together, we=ve discussed certain issues. A lot of them are similar. Some of ours, we proposed last week eight baseball fields that would be at Simsbury. I would like to know if we can get an increase on that at Turkeybrook. We did state that even though we were going to get eight fields at Simsbury, Mr. Shakespear (cont=d): it wasn=t going to be enough down the road to meet our needs, and that=s one of our concerns. We don=t want to get shut out at one location if we=re going to get cut back in another one. We would like to look at a 12 field complex. Thirty acres for soccerBit=s not going to take more than 25 acres or so for us to do what we have to do. The other concern that we have is the concession. One buildingBI=m not saying it=s a problem, but it=s going to be an issue because you=re going to have two different groups having a lot of kids and family coming in from all over the place at the same time periods. How are we going to designate this is what goes here and there. It sounds like a minor issue, but it depends on what=s going on, it could be a bigger issue.

Mr. Scapicchio: Buddy, in my mind, I think, instead of one smaller concession, it may be one larger concession that has two sides to it. That=s why we need the people to design and spec these things out. I think if we start adding some more fields now, we=re going to lose the support that I think we now have on this Board to move forward with this proposal tonight. There certainly would be room in the future to expand some more fields. So I wouldn=t want to see us lose support to try to get 12 instead of the eight we originally talked about tonight.

Mr. Shakespeare: I guess my next question would be, can we agree on the Turkeybrook issue, but can you still give us the Simsbury property. If it need be down the road, if we have to go that way, we go that way to supplement what=s at Turkeybrook. That way, we just feel a little more comfortable that it=s there if it has to be fallen back on. We want to go forward. We want to get what we can now, and we want to assist in everything we can do. We=re not here to say, AWe want, we want, we want.@ We want to give whatever we can to you. We=ve designated certain fund raisers now which will help meet some costs. It=s not going to hit a lot of costs, but we=re moving forward to show our appreciation on what=s going on, and what we really want to do is support the Town and the Community. We want to have a nice complex in the Town, and we=re there to support it as much as we can.

Mr. Scapicchio: And I think that these folks have shown us that they=re willing to work with us. In all ways.

President Sohl: I agree. Do we want a Resolution?

Mr. Scapicchio: Yes.

Mr. Spino: I just want to make sure it has the stipulationsBa planBwe=ll approve a Resolution to start that process.

Mr. Scapicchio: Let me make myself absolutely clear as far as the proposal that I want to see in Resolution form, and that is to authorize the Administration to seek out and prepare a scope of work for the Olympus Group so that they can get from them a cost estimate of the design for this complex. We will then see what that cost is, and approve those funds for that design process.

Mr. Spino: Well, did anyone contact Schoor DePalma, maybe they have the staffB

Mr. Heymann: Well, you=d have to pay themB

Mr. Spino: Well, you have to pay Olympus, too.

Mr. Dorsey: Well, I think you have to leave a little discretion with the Mayor and Administration.

Mr. Scapicchio: Yes. Plus, we had the Olympus Group here, we were impressed with their proposals and their credentials. They worked with them already. Why do we need to start over? They already went through a process of whittling it down. Why do we have to start over again? That=s what happens with us all the time. We always try to reinvent the wheel.

Mr. Spino: I=m not trying to reinvent anything. I just want to get a handleB

Mr. Scapicchio: We were all happy with Olympus when they came before us, and they were moving forward with some preliminary designs for B&H Property. I don=t see why we have to go through another processB

Mr. Spino: We didn=t hire OlympusB

Mr. Scapicchio: We sort of did, Earl. The consensus was they were the firm we wanted.

Mr. Guenther: Buddy, you=ve conferred with Peter, you agree that the Olympus Group is the capable group of handling your needs and design.

Mr. Shakespear: Absolutely.

Mr. Guenther: I think that=s all that really matters. If both of them agree that they feel comfortable with the group and they=ve done their homework. This is a very specialized field, as I remember from the presentation made by Olympus. I don=t think it=s something you can turn over to Schoor DePalmaBthey don=t have expertise in thisB

Mr. Scapicchio: They=re going to work hand-in-hand with Schoor DePalma because Schoor DePalma is in charge of having those hot spots cleaned up. They know the area, so they=re going to work together to some degree, but this firm is a specialized firm. Peter, for the Record, why don=t you share with us the process you folks went through to find Olympus.

Mr. Jaran: First, let me tell you that the Mt. Olive Soccer Club is contracted with the Olympus Group to the tune of $20,000. Of that, we=ve spent about $10,000 to get where we are now. We did an extensive search through the soccer community, both locally, regionally, and nationally to come up with firms that were capable of doing this type of a design and construction. Out of that, we identified three groups. One out of Kansas City, one out of NYC, and one out of North Carolina. Out of that we asked for Bids for the same scope of work from those three companies. One did not Bid, the other two did. Clearly, the Olympus Group was superior to the second one, and that=s why we chose them. I can=t say enough for their track record to this point. They have already come in, they=ve given presentations to you folks, they=ve sat down with my Board. We had an eight hour retreat with them, we went through every issue that we had about a complex and what we wanted to see in it. They took that back and they developed a Master Plan with it, and I would like you all to see that when it=s finalized. But, I have to tell you, in my mind, these are clearly the people that can do this work. The concern is, we=ve already started the wheels turning. I do not want to get to a point where we=re stopping again. I cannot afford to.

Mr. Dorsey: Let=s do a Resolution:




WHEREAS, the Township Council has entered into a lengthy discussion over the last three months with two of the most interested groups in the Township, which groups, the MOSC and the Junior Baseball/Softball Association providing athletic opportunities for the youth of the Township as to the development of the soccer complex and the development of a baseball complex; and,

WHEREAS, the discussion up until this evening had conceived of two separate and distinct complexes on different pieces of land, the baseball complex on the Simsbury Tract of about 55 acres, and the soccer complex on the so-called B&H Tract of approximately 200 acres; and,

WHEREAS, Councilman Scapicchio, after various discussions with members of those two groups, along with Councilman Heymann, proposed that the more appropriate approach would be to develop the Turkeybrook Park property in which there is currently available funds for development purposes. Both of these types of complexes, because it is generally speaking thought to be better land for development with utilities present and has other attributes that are lacking at the Simsbury Site and/or the B&H Site, and the combination of these two facilities, although separate and distinct facilities at the Turkeybrook Park Site would be more economical in terms of development and probably would enhance the time period within which development could occur; and

WHEREAS, everyone would agree that the very first step is to have a proposal for a contract with Olympus Group to essentially perform the initial work of laying out the conceptual plan that will include both the soccer complex which of MOSC and Olympus had discussed at length, and the baseball complex to include at least eight baseball fields.

NOW, THEREFORE, BE IT RESOLVED, by the Township Council, Township of Mt. Olive that it does hereby request the Administration to pursue with the Olympus Group with all diligence speed to receive from them a proposal to develop a conceptual plan for the development of the Turkeybrook Park Tract to include both the MOSC=s soccer complex, and the Baseball Association=s Baseball Complex of at least eight baseball fields together with appropriate arrangements for parking and concession stand. And, in addition to receiving a proposal as to price, specific dates by which the work would begin and the work as to the general plan would be completed with the thought that once those general plans are reviewed by the Township Council, additional contracts would be entered into with Olympus for the purpose of providing actual construction plans and specifications in the future.

Mr. Scapicchio: So moved.

Mrs. Kelly: Second.

President Sohl: Is there anyone else who would like to address this Resolution?

Mr. Howie Weiss, Flanders: I think it=s a terrific idea, Dave, using money that=s already there, it makes a lot of sense. But, Bernie made a very good point, and nobody really paid any attention to it. We=re sitting here talking about spending an awful lot of money, and we haven=t considered other needs. If we=re going to go to the drawing board and make a recreational complex, why not get the opinion of the Recreation Department or Committee because we=ve omitted other programsBnamely football. I=m involved in the Football Program. There has been no talk to add other programs. I don=t know anything about track and field needs, but if we=re going to go to the drawing board with this tremendous facility, it=s irresponsible not to consider the needs of other programs. I understand that baseball and soccer have the largest numbers in the Town and that=s where the focus should be, but for us to sit down with a Planner and not include needs of Football or Track or any other sport out there without consulting Recreation is not the smartest thing to do.

Mr. Heymann: I think Football already did address usBI don=t know what the overall sentiment will be here, but, I still think that they did not want to lose the Middle School and they wanted to have the lights on the new Flanders facility so that they could play their Friday and Saturday night games there. So, I don=t think that that=s been lost. Howie, if it was easy to do, it would be nice to be able to do like Bernie said, a walking trail and everything else. But we have to take a start here somewhere. If we do that, we won=t get this project kicked off for another six months minimum by the time we go back and find everyone=s needs. These are the two largest facilities. As we all know, soccer is on borrowed time. It makes no sense to construct a soccer facility out there and move all that earth if we=re not going to move the same earth and put the baseball fields down there. So, by the time we get this going, we=ll probably have 1600 kids participatingBboys and girls. It=s by far the largest amount of kids.

Mr. Weiss: Do you think it really slows this down to add that in to a conceptual plan? To see if, does a football facility work in here? Does a track and field work? They=re drawing the plan. I don=t know how many acres it is. I=ve heard about 100 acres?

Mrs. Kelly: There=s about 100 acres of open farm land, but about 1/3 of it is level. The rest of it slopes in and is not appropriate for fields.

Mr. Heymann: I have no problem if it piggybacks on the back of this, but I don=t want to see what we=ve discussed here, and starting with soccer and then the baseball coming in, theoretically, I think it=s a great idea. Realistically, it has to take a back seat right now until this gets moving and then we go ahead and see what can be done.

Mr. Spino: I don=t agree with what Ron saidBI think certainly a plan should include the placement of fields for some other activities. I would think that part of the plan should include those fields. If there=s not enough room with them, then we have to make that decision and just use soccer and baseball. If we=re going to pay somebody to plan it, they can plan it and include other things. What=s the difference?

Mr. Bonte: I just have one questionBno matter where you put these fields, last week I heard some talk, and I don=t know whether I heard the answer. The talk was possible negotiations, exclusive agreements for these fields. I want to make sure whatever is done, whether it be football, baseball, soccer, track, these are not Aexclusive agreements@ that these fields will not be open to the Public when they=re not being used for planned activities.

Mr. Heymann: It can=t be at Turkeybrook. That=s Green Acres funding. It has to be open to everybody. By law.

Mr. Bonte: I understand that, but last weekB

Mr. Spino: NoBlast week=sB

Mr. Bonte: My point is, regardless of whether it=s at Simsbury, B&H, or where ever, it=s Township property. And when those fields are not being used for scheduled events, they should be open to the Public. I just want to make that point. Whatever we do here, or where ever, that you keep that in mind.

Mr. Heymann: That would be a moot point at this point, Rich. If we=re going to use this, it=s got to be open.

Mr. Dorsey: Yes, but the other thing isBone of the thoughts, I thought, in dealing with the MOSC was that their organization was to be required to be open to every youth in the Township of Mt. Olive. If you had to develop these expensive fields, I assume that they are only to be used when children are essentially being supervised in that particular activity, so that you had a private/public partnership in terms of this Publicly owned land, i.e. the Township would provide the land, the Association would essentially provide the supervision for the activity. You say Aopen it to the public.@ If you=re going to put in an expensive field, I don=t think you just want unsupervised activities occurring on that property.

Mrs. Kelly: Well, that=s what we have the Recreation Department for, to organize it.

Mr. Bonte: Well, Mr. Dorsey, I=d like to suggestBand this may seem kind of foreign to some people, but these fields are being developed with taxpayer money. Whether or not we=re a member of the organization, it=s our land and it=s our money.

Mr. Dorsey: You=re out of sync here because that was last week. This week it is going to be with Township money, and therefore, whoever uses it will only be able to use it with approval of the Township for whatever activity.

Mr. Bonte: Well, I would find that objectionable.

Mr. Dorsey: What? That whoever uses it can only use it under Township rules and regulations?

Mr. Bonte: What I believe you=re saying is it could only be used by these organizations for their scheduled events.

Mr. Dorsey: No, I didn=t say that.

Mr. Heymann: He said that the Municipality has the ability to say what field you can=t go on. There would be certain rules that we could, as a municipality, set up for any maintenanceB

Mr. Bonte: But if a field was not being used and a group of people wanted to have a game there, I don=t see how this municipality could deny them access to that field if it=s built with our money.

Mr. Heymann: I=m not saying they would or wouldn=t, but Randolph=s Green Acres Park definitely restricts people from when they can use it, and who goes on there. I=m not taking a position, I=m just telling you that some Towns guard those fields as if they were their own.

Mr. Bonte: Well, Ron, they should be guarded as Aour own,@Ron, not Ayour own.@

Mr. Heymann: I don=t think we need to discuss that tonight. We don=t have a field built yet.

Mr. Bonte: But I don=t want to see us proceed down a path where it is the perception that these are fields for these clubs only. And, I=m not against these clubs, not one iota. If they want their own private field, then they should go out and raise those necessary funds, be it their own Bonds or whatever, and develop them.

Mr. Heymann: At the first annual ARich Bonte Annual Softball Picnic@ I will be there to play on your team. But I don=t think we need to discuss that until we get a field built.

Mr. Bonte: Well, if we=re going to start expending Public Funds for this design and development, it should be the intent of this Council from Day One that all of these Public Funds that are being spent, and the funds that you=re talking about tonight are for the use of the residents of this Township, not only specific clubs.

Mr. Heymann: I agree.

President Sohl: I don=t think anybody is disagreeing.

Mr. Bonte: Mr. Dorsey wasB

Mr. Dorsey: No, he wasn=t.

President Sohl: The point is, Rich, if the Town wishes to close a field for six months because it=s being revitalized, we can do that.

Mr. Scapicchio: But we=re going to set the rules and regulations.

Mr. Ken Murray: I=m associated with MOJBSA for about ten years, and I would like to speak about dedicated use of fields and supervising and structured use of fields. I=ve had ten year-old girls go down and practice at the Middle School after a men=s industrial league team practiced on the infield, and literally left a one-foot hole at home plate, and walked off the field, and felt no obligation to fix it because they=re heading to the tavernBand I understand that because when you=re that age, and you play that. So, I think it=s important. I realize we don=t have field yet, but to understand the need for some kind of structure and supervision on the use of fields. Because unless we have a real strong maintenance program, those fields are going to take a beating quick if we don=t watch who uses them.

Mr. Scapicchio: I justBpersonal experienceBonce a year we have a large family picnic, and we hold that picnic at a County owned park facility. We=re required to call in advance, give a deposit, and we=re required to pay for the use of that. When we leave that field, if there is debris, damage, of any kind, we are responsible. Those are the kinds of rules and regulations that we would need to mirror to insure that whoever used our fields kept them in good shape and used them in the appropriate fashion. So, I think there are rules and regulations and controls that we can put in place to insure that whoever uses those fields walk away in the same condition that they started with.

Mr. Dorsey: That was the point that I was trying to make. Anybody that was going to use the Township fields was going to use it in accordance with your rules and regulations.

President Sohl: Anyone else?

Mr. Dan Nelson: I=m glad to see you=re looking to move forward on this as expediently as possible. I know the tremendous amount of work that these gentlemen have done. I would like you all to consider that along with the fields, it also needsBas Bernie mentioned--walking pathsBI=d like to see a park-like characteristic be kept with the park. Everyone of these kidsBbe it soccer, be it baseball, be it footballBthey walk, they all ride bicycles, and so does everybody else in the Township, but I thinkBand I=m not saying that you have to put it in now, but leave room for it for sometime in the future. And I think that would help keep the park-like character.

President Sohl: Any other comments on this Resolution?

ROLL CALL: Passed unanimously


1. Bill List.





Budd Lake Fire Dept.

March, 2000 Contribution


Flanders Fire Dept.

March, 2000 Contribution


Budd Lake Rescue Squad

March, 2000 Contribution


Flanders Rescue Squad

March, 2000 Contribution


Mount Olive Public Library

March, 2000 Contribution


Jersey Professional Management

For Temporary Administrator Services Provided From 1/3/00-1/14/00


Elizabethtown Gas

Gas Bill for Municipality for January, 2000


Jersey Professional Management

Billing for Temporary Administrator for the Period of 1/31/00 - 2/12/00


Tri-Maintenance & Contractors

February, 2000 Cleaning Services for Municipality


Agway Energy Products

Propane for Road Garage for January and February


Village Collision Service

Repair of Police Vehicle 3972 due to Accident on 1/16/00



Lerch, Vinci & Higgins, CPA

Management Advisory Services for Period Ending 1/31/00


Managed Logistics Systems, Inc.

Contract Charges for January, 2000 - 1/12th as per Contract


Bergen Mun Emp Benefit Fund

Medical Insurance for Mount Olive Township Employees for March, 2000


Bell Atlantic Mobile

Cellular Phone Monthly Access charge for 12/20/99-1/29/00 - Police Dept.


GEO Concepts Ltd.

Consulting & Troubleshooting Services for January, 2000



GPU Energy

January, 2000 Electric Bill for W&S Dept.



Morris County MUA

Tipping Fees for December, 1999



Managed Logistics Systems, Inc.

Equipment and Installation on New Truck for Road


Ord. #22-97 Amended by Ord. 38-97


Absolute Fire Protection Co.

In Payment of Various Invoices for Flanders Fire Co.


Schoor DePalma

Turkey Brook Remedial Investigation


Ord. #24-99

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

ROLL CALL: Passed unanimously

2. Approval of Raffle Applications #929 & #930 for New Jersey Vasa Home; Raffle Applications #931, #932 and #933 for Mt. Olive HS Music Boosters; Raffle Application #934 for the Temple Hatikvah; and Raffle Application #935 for North Jersey Search & Rescue.

Mrs. Kelly moved for approval of the Motions and Mr. Scapicchio seconded the motion.

ROLL CALL: Passed unanimously

President Sohl: Before we go to the Public Portion, I want to announce, March 21, 2000, we will have an Executive Session at 6:30 p.m. prior to regularly scheduled workshop to commence at 7:30 p.m. Steve, you had a report?

Mr. Rattner: On my Council Report, the last meeting of the MSA, I am one of two Mt. Olive Representatives. The first thing I want to comment on is, on the Correspondence list, Item #20, the letter received regarding additional capacity. When Mt. Olive, Roxbury and Mt. Arlington were moving with their plans to sewer parts of their Towns and additional usage down to the MSA, Byram at the last minute came in and said, AWe want some usage. We=re in the drainage basin, we=re entitled to some.@ And it could have held everything up. What happened at the time we signed the agreement that Stanhope lent them 100,000 gallons worth of allocation that was used, and this was for their Shop-Rite development on Route 206. It was agreed that after the expansion of the plant to the current size was finished, we would re-rate the system. After the debugged system is run for a while, you can ask for a re-rating of the system up to 5%. From that, Byram would get their usage, and the other allocation would be returned. When we did the re-rating, we went to the full 5%, which means there=s going to be an additional 100,000 gallons of capacity in the plant. Now, under the service agreement all towns signed, they have the right to first refusal of any additional gallonage in proportion to the amount of allocation already purchased. We have to take formal action if we don=t want it, then it is returned and then somebody else can use it. That=s related to a second item that I want to bring up. Lake Hopatcong is looking at starting their sewer project and doing it in different stages. They=re looking to move ahead because they got some Grants and some loans and they=re going to do it in small sections. The first section they need, they think is going to be 250,000 gallons. With this re-arranging and additional capacity, if we turn ours back, and most of the other towns probably turn theirs back, they can probably get 100,000 gallons. Their total need is about 1.3 million gallons. Jefferson has another 1.1 million, and they=re looking at expanding the plant sometime in the future. But, to move ahead at this point, and on a programmed course, they are looking at maybe sending 250,000 and see if any Towns are interested in leasing them, or renting them for a temporary period of timeBor if they=ll sell them. What that would mean is, an Agreement would be signed, and they would have a certain amount of allocation that was originally assigned to a different Town, for a certain length of time, and they pay all costs. They=re approaching Roxbury, which has a large allocation that=s not all being used, and they may have already made a call to our Acting Business Administrator to see if we might be interested. I think it=s a good opportunity. No decision is needed now. I=m just making you aware that Hopatcong will probably be looking around.

Mr. Scapicchio: Steve, should we maybe pursue that instead of waiting for them to come to us?

Mr. Rattner: No, they have to put their plans together.

Mr. Scapicchio: Okay.

Mr. Rattner: One other thingBthe MSA is looking to take over the Wills Brook Interceptor and this is a good thing for Mt. Olive.

President Sohl: Very good. Thanks, Steve. We now come to the Public Portion of the Meeting, is there anyone who would like to address the Council on any matter?

Mr. Bonte: We had a meeting with a number of Residents a couple of weeks ago, and it was discussed about opinions that we wanted the Members of this Council and the Mayor, and the Planning Board to be aware of. It was advised to all of those people who wrote you those letters that the proper etiquette and respect for this Council would be to address those letters to you, the Council President. That=s always been the procedure in the past that letters that are addressed to the Council PresidentBand correct me if I=m wrong, Lisa, but, have been generally opened by the Clerk, and distribution made to the Council President and either to the Council members or certainly logged into the Correspondence Records of the TownshipB

President Sohl: And they will be.

Mr. Bonte: But they have not beenB

President Sohl: I open my own mail, I=m sorry.

Mr. Bonte: But they have not been.

President Sohl: Well, that=s true. But I open my own mail.

Mr. Bonte: We recognize what=s been done here, and we=re not happy with it, and I=m not happy with it. When something comes to the Council President, it=s not a personal document for the Council President, it=s a Public document at that pointBunless it=s addressed to ABill Sohl@ period, and should be addressed to your home if it=s personal. And, I=m glad that you=re going to reply to them and make them public to the rest of the members of this Council and put them on the correspondence list. There is a sense of urgency to all of this, and nobody is happy at what has taken place, and I don=t think the members of this Council should be pleased that mail has been restricted for them to see it.

President Sohl: Let me correct that. Mail is not restricted. It does not have to flow instantly. It=s addressed to me as the Council President, and I have a right to open it. So, I will disagree with your assessment.

Mr. Bonte: Okay, you can, and, as you know, Mr. Sohl, it=s not 1647. We will make sure the members of this Council will receive the letters without your controlB

President Sohl: I=m not trying to control it, Rich, I=m just telling you what operates within myB

Mr. Bonte: Well, receiving some of these letters two to three weeks ago, and still not having shared them with this Council, I believe is control of documents that were clearly earmarked for the Council members to also share. But, we can play that game, and we will make sure that the letters get to all the members of this Council, and we will make sure that every chance we get, these letters will be read here on Tuesday evenings so the Council has the opportunity to hear them, and they go into the Public Record. But I don=t think it=s right, what=s been done. I will read a letter into the Record, letter dated March 12, 2000. I have not submitted this letter yet to this Council. The last letter that I sent to Mr. Sohl never made this list, and that was January 24. In any event, I would like to read my letter to you this evening to make sure you get it.

Dear Mr. Council President, Mayor and Council Persons:

I am writing to you in reference to a proposal which is presently being heard by the Planning Board for development of about 600 acres of land commonly known as Crown Tower Estates. The current plan is to construct 117 new homes on about one half of the property and donate the remainder to the Township as open space. As you may remember I wrote the Council on January 24, 2000 regarding the transfer of development credits which the developer was requesting. On February 1, 2000 the Council elected to approve the request by the developer as proposed. In my letter I made numerous economic arguments as to why I felt that this development was not appropriate for the Township. I

Mr. Bonte (cont=d):

would now like to address the need to investigate approaching the developer to determine if he is interested in selling this property to the Township, and what that cost might be. Remember, that the economic arguments I made in my previous letter still stand. There are, however, other reasons why we should be seeking to purchase this land. The open space, the developer is planning to donate the Township consists of critical slopes and wetlands. The developer spoke at the March 9, 2000 planning meting of the environmental sensitivity of the entire tract. This land is some of the highest land I Mount Olive, consisting mostly of moderate to steep slopes, a ridge line which is visible from Route 46 looking across the lake and will be developed, and numerous wetlands. It is probably the most environmentally sensitive land in the Township. Remember that we recently spent almost $32 million for a sewer system to protect the environment and the lake, it makes no sense to allow development upstream from the lake, allowing117 septic systems, lawns which will have numerous pesticides and fertilizers and storm drains discharge their effluent into a lake we are trying desperately to save. For if Budd Lake is the headwaters of the Raritan River, then truly this land is the mouth of that head, and all that enters this land will find itself in the belly of the lake in short order. The most responsible course of action both environmentally and economically will be to seek the funding necessary to purchase this tract of land, at the highest points within our Township for both today and all our tomorrows.

I will give each one of you a copy of this letter, and a copy to the Clerk. I had the opportunity, once again, to go to the Planning Board Meeting the other night regarding this issue. I would like to call your attention to something that I don=t know if you=re aware of. The Planning Board refused to allow me to speak the other evening, and action is being taken to take care of that. But, it ultimately falls upon this Council and the Mayor to correct the situation that violates State Statute 40-56A-1; 40-55D-23, regarding Planning Board Membership. This Planning Board as comprised does not have a member from the Environmental Commission installed on it. Specific Statutes which you can look up at your convenience and, Mt. Olive Code 400-24 all specifically state that there Ashall be@ the word is Ashall@ it=s not Ashould@ or Amay.@ AA member of the Environmental Board Commission on the Planning Board.@ This needs to be addressed as rapidly as possible. There have probably been numerous activities that have taken place over the last number of years, certainly the last number of months that might be challengeable. I=m not here to address those. But I am here to address, the future activities of this Board are in full compliance with the law. There are only three positions on the Planning Board that are required by Statute. They are: The Mayor, a member from the Governing Body, and the Environmental Commission. And I=m sure you all know why. The Powers that Be at the State level certainly see very clearly that to have environmental expertise on the Planning Board is of the utmost importance. Especially in Towns like Mt. Olive and towns that are in the scope of the Highlands CommissionBor the soon to be Highlands Commission. To continue Planning Board Meetings on this specific project, some of the most environmentally sensitive land in this Town is unconscionable. The Board needs to be populated properly. You can=t allow the situation to continue.

President Sohl: Rich, what do you expect this Council to do? Neither the make up of the Planning Board and/or the Environmental Commission is under the control of this Council. I recognizeBand you know we=ve always let anyone speak about any issue that troubles them, and if that=s the point you=re making, that=s fine. But if you=re looking for action from this Body, I don=t know what you should be expecting.

Mr. Bonte: This Council, at some time in the past, I don=t know the exact date, passed an ordinance that ultimately became part of the Mt. Olive Code 400-24. You peopleBmaybe not all of you specifically, but this Council as a Body passed a law. It was your intent, as well as the State Legislators= intent that this Board be populated properly. I don=t know how you can sit there, Mr. Sohl, after having been part of the process, or belonging to a process that enacts legislation and make a comment like that. I would think that the first thing this Council should do is prepare correspondence or a Resolution requesting that the Administration take action immediately to comply with the law you have passed. That=s the least I would expect.

Mr. Guenther: Mr. Bonte, I think, possibly, why don=t we give the Mayor a chance to answer that.

Mr. Bonte: Well, I would have hoped that the Mayor would have been here.

Mr. Guenther: Well, he has another obligation, okay?

President Sohl: The Mayor is meeting with a group right now.

Mr. Guenther: I know in discussions that I have had privately with the Mayor, he=s very well aware of this problem. This is not a new problem. It existed on the previous Administration. I think we should at least give him the opportunity to answer what he is doing about it.

Mr. Bonte: I guess what disturbs me, Mr. Guenther, is, the Mayor had an opportunity on January 1, of this year to address that problem, and he didn=t.

Mr. Guenther: Well, I think he had a lot of things to do as of January 1, but, granted, he=s had two months to do something about it, but I think we owe him the courtesy to ask him what is he doing about it.

Mr. Bonte: I believe there were six new appointments to the Planning Board, none of whom was a member of the Environmental Commission. The Mayor has known for a long time that there has not been a member of the Environmental Commission on this Board. So, that certainly should have been of highest priority. And, to let Hearings go on that effect every citizen in this Town regarding the environment of this Town on a very sensitive tract and sit here like, AThis isn=t our problem.@ is beyond me. Because if it isn=t your problem, why did you take the time to pass the Ordinance numerous years ago and have it put into our Code?

Mr. Heymann: I don=t have a problem with what Mr. Bonte is saying. I know the people on there, but I don=t know who on that Planning Board is a member of what other than Earl is a member of the Council and Licitra is the Mayor. I was at the meeting when we were talking about the Flanders Light project. I think Bill should send a memo off to the Mayor tomorrow about your position. Say, ALook, it=s in the Ordinance, what are you going to do about it?@ It=s a legitimate concern, but I don=t want to beat it dead tonight, because I don=t know what else to say about it. It=s the first time I even heard about it.

Mr. Bonte: I guess all I can say is, time is of the essence, ladies and gentlemen. There=s a 600 acre tract of land that is moving step by step towards being developed. If that should happenBif you let this opportunity go, at least make sure it=s done right and the proper voices are there. Both, the State through two Statutes and this Town, through Ordinance require a member of the Environmental Commission on the Board. Let=s do something about it.

Mr. Spino: This is not something new. I know Mrs. Kelly has fought for that for quite some time when she was a member of the Board. The answers we got from the previous Administration was that there is a member of the Environmental Commission on the Planning Board. Whether that person attends all the meetings or not, to me, for the argument is not as important as the argument saying that that fulfills the obligation. I didn=t believe it fulfilled the obligation. I don=t think Mrs. Kelly believed it. I=m not sure how we change it. If it does fulfill it, and I think that=s why we need an Attorney to tell us. If that=s wrong, the Mayor has already asked for someone to replace the member of the Environmental Commission, and that he said he would do within a couple of weeks. And he did say that about two weeks ago.

Mr. Bonte: Well, what the Mayor said at the meeting was, he was going to ask for a volunteer from the Planning Board to be on the Environmental Commission. Unfortunately, that=s not the way the law is written.

Mr. Spino: Rich, I say that=s originallyBand I agreed with that when Mrs. Kelly fought for that, that that=s the way I understood it to be, it had to come from the Environmental Commission to the Planning Board. I think that has to be dealt with first.

Mr. Scapicchio: Is there presently a member of the Environmental Commission that sits on the Planning Board?

Mr. Spino: JoeB

Mrs. Kelly: There is notB

Mr. Spino: Mr. McGoldrick is on the Environmental Commission, he=s on the Planning Board.

President Sohl: So there is somebody.

Mrs. Kelly: No, he was from the Planning Board.

Mr. Spino: He=s a member of the Environmental Commission.

Mr. Bonte: If you read the law, Bill, the law is very specific as to where the member comes from.

Mr. Scapicchio: My question is this, do we have a member of the Environmental Commission that also sits on the Planning Board? Yes or no?

Mr. Spino: Yes.

Mrs. Kelly: No.

Mr. Scapicchio: Wait a second, I get two different answers hereB

Mr. Spino: Yes. There is a member who sits on both Committees.

Mr. Scapicchio: Who is that member?

Mrs. Kelly: He was a Planning Board Member first, before he became an EnvironmentalB

Mr. Spino: Charlene, that=s not what he=s asking.

Mr. Scapicchio: I don=t know if that necessarily matters, Charlene.

Mrs. Kelly: Yes, it does.

Mr. Spino: I think it does, and so does she.

Mr. Guenther: I agree.

Mrs. Kelly: It does.

President Sohl: I think, if anything, then this should be a matter that the Planning Board Attorney answers if there=s a question there.

Mr. Bonte: Where was Mr. McGoldrick last week?

President Sohl: I don=t think that thatB

Mr. Bonte: Is he on the Board now?

Mr. Scapicchio: Rich, I don=t think we can controlB

Mrs. Kelly: In the last two yearsBwell, in the last year he attended four meetings, and he hasn=t attended anything six months prior to December, and he hasn=t been to a Planning Board Meeting since the turn of the year.

Mr. Heymann: Yes, he was at one, Charlene. He was at one meeting about the lighting, I saw him there. I know he was because I know Joe. One meeting. Not the meeting you were at, the meeting before that.

Mr. Bonte: The issue is, we=ve known for a long time that the spirit of the State Statutes and the local Code are not being followed, and that intent is, that somebody with environmental expertise, speaking for the Environmental Commission is putting forth view points and arguments on that Board that are steering the minds of the other eight people on the Board to think a little more environmentally and maybe hear something they didn=t hear from the DeveloperBwhat he didn=t see from that perspective. That=s the intent of this law. Otherwise, they wouldn=t require this type of individual on that Board. You=re doing the Township an injustice. This is not a game of just trying to fill these Boards. This is an important Board, the Planning Board, and it certainly should have the expertise that=s requested by law.

Mr. Spino: How do we, John, find out what=s legally required, if that is met, and if it=s not met, what can we do about it?

Mr. Heymann: It should be generated by the Planning Board Attorney.

Mr. Dorsey: Well, I=ll write you a memo, anyway.

Mr. Heymann: Okay, you can write a memo.

Mr. Dorsey: There obviously is a very specific agenda on Mr. Bonte=s part, with a very particular interpretation of the Statute.

Mr. Bonte: I strongly resent that language, Mr. Dorsey. You know me better than that. I don=t come hereB

Mr. Dorsey: NoBI do know you, Mr. Bonte, and you have expressed a very specific opinion. You=ve expressed an opinion that the person who is on there as on the Planning Board from the Environmental Commission must be a person with Aexpertise.@ Those are your exact words. There is nothing in the Statute that requires that. There is nothing in the Statute that requires that the member on the Planning Board is also on the Environmental Commission, first had been on the Environmental Commission before appointed to the Planning Board.

Mr. Bonte: When was the last time you read the Statute?

Mr. Dorsey: Probably six months ago.

Mr. Bonte: Well, I stand to disagree with youB

Mr. Dorsey: Well, we can all disagree.

Mr. Bonte: But I do resent that I have a very specific agenda. There is no specific agenda here.

Mr. Dorsey: I mean, you have a very specific agenda that you are not satisfied with the person who is currently on there, who, Mr. Spino acknowledges is also a member of the Environmental Commission. You=re not satisfied with that Appointment.

Mr. Bonte: I=m not satisfied because I don=t believe it was done properly.

Mr. Dorsey: That=s your Agenda.

Mr. Bonte: If that=s my Agenda, that=s okay. But I didn=t interpret what you said as a specific agendaB

President Sohl: Can we move on? Mr. Dorsey will render an opinion to this Council.

Mr. Guenther: Can we also write that letter to the Mayor. I was on the Environmental Commission and I remember Charlene and other members, we were harping on this for a long time. Rich Bonte is absolutely right. The spirit is certainly there. There should be an Environmental Commission Member that should be on that Planning Board. Now, whether legally complies with the particular person that=s there, doesn=t matter. There is also another issue. What can we do to obligate a member of the Planning Board and the Environmental Commission to attend a certain number of meetings? Maybe we can remove that individual.

Mr. Dorsey: Well, the Planning Board can remove somebody who fails to attend a certain number of meetings. Council people can be removed if they fail to attendBI think eight meetings in a row. So there is a method.

Mr. Spino: From the Council.

Mr. Dorsey: From the Council, yes.

Mr. Bonte: And, finallyBand I=m not going to say any more on this issue this evening, I=d also invite you to become familiar with our Township Code 113-4, specifically the first paragraph on Conflicts of Interest. And I would like you all to read that because I would like to discuss this with you at a future meeting if certain events do not take place. I=d like you all to get familiar with something that this Body also passed, and be able to answer some questions for me in a few weeks. Thank you.

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

Mr. Dave Steward, Budd Lake: I also would like to address my comments to the Council regarding the Paragano Development. Formally called the Firetower LLC at Toll Development. Specifically some concerns I=ve had in terms of some of the meetings I=ve attended at the Planning Board. If Mr. Bonte has an Agenda, then I have one very similar as his, as well. I was on the Environmental Commission back in the mid-80's and I was appointed to the Planning Board as an alternate by Charlie Johnson because I was told that there had to be an Environmental Commissioner on the Planning Board at that time. That was the way it was put to me, and I was glad to do so. I just wish I had been able to serve a little bit more time of my professional duties than were allowing me to continue in that capacity. I am fairly well concerned with some of the things I heard at the Planning Board Meeting last Thursday with amount of articulation of environmental wetlands areas, steep slopes, critical slopes. I have never heard a developer in their own testimony use such language as I had last week to that extent. And it does concern me that we don=t have an environmental commissioner representing and being able to at least communicate with the Planning Board and give a sense of what the Environmental

Mr. Steward (cont=d):Commission thinks about these issues. I think some of the best questions also, came from the Public that evening, although we were only given about 20 minutes of the entire meeting to speak. And, one was to look at the open space that was being developed, or given over by the developer to the Town and the overlaying that to the topography and seeing that probably 90% of that open space was anywhere from 15% - 25% slopes. So, I have also forwarded a letter to Mr. Sohl back on February 28. I was discouraged also to see that it was not contained in the letters that this Body had received, and I would like to read a few comments out of that letter and kind of put a different perspective in terms of where your customers might be thinkingBand that=s the residents. I=ll only read portions of it. APerhaps you will recall that I was in the minority of Budd Lake Heights residents that originally supported the proposed sewer project simply because of the impact septic systems were having on the environment around and in Budd Lake. Therefore, it should be of no surprise to you that I am concerned about the proposed application of Firetower, L.L.C. et al, and the impact it will have on Mount Olive financially and environmentally. Recently, my firm, Customer Opinion Research, was asked to assist in the development and implementation of a survey to be administered across Morris County. The survey was done for Morris 2000. The survey asked residents to rate a number of issues that were important to them, and the performance of either the local or county governments upon these issues. The findings were not surprising, but gave further evidence to the fact that Morris County residents were concerned about the amount of development and the amount of open space being gobbled up as a result. Findings showed that 65% of the impact (based upon multivariate analysis) into perceived quality came from the Socialplace (where we recreate, attend cultural events, etc.) And the Homeplace (where we live). Performance ratings for these two areas were low, especially when you consider it was from a 10 point scale. The findings from the report further identified the Adrivers@Bthat is the variables that were impacting these areas within the categories of homeplace and social place. In the Socialplace, Aprotecting open space@ received a mean score of 6.66, Azoning that improves the community@ 6.42, and Adeveloping open space responsibly 6.59.@ This was off over 1,000 residents that we interviewed within Morris County across the 39 Municipalities, rating their Local or County Government on these issues. The same issues, again, surfaced in the homeplace where we live, with Open Space receiving a performance score of 6.11 and Adevelopment@ a score of 5.68. Clearly, this is a concern not only in Mt. Olive Township, but across the County as well.. These mean scores are significantly below what is thought of as Aworldclass@ when you look at other literature. I bring this research to your attention for one reason. Local development does not have an impact on regional perceptions, and quality of lifeBthe State recognizes this and has developed the Highlands Open Space Commission as a result, and, in response to issue.@ Well, I go on further saying I don=t want to waste any more of your time. I would like you to consider preserving the property in its natural state. It=s the 600 acres of the Paragano development. I would ask the Township Council to consider purchasing the property as part of the Open Space Plan, and use it for hiking, bicycling, jogging and other low impact uses. The number of individuals now walking or running along Sand Shore Road toward the Lake is increasing. I=ve lived here for 18 years, and I=ve noticed an increase every year of people using that area, and it=s rather unsafe. Nowhere in the area of Budd Lake does a resident have a safe trail or linear walk way to pursue this activity. We should consider this property for such use. The property, by the way, has been used to host an annual triathlon in which the bicycling portion of that event runs though it. Given the amount of media attention over the past several years concerning Mt. Olive, this is one of the few events that brings a positive not to our Town. I also attended the Open Space Meeting last night, and was interested to learn that the Bog, which is part of the Green Acres area is on that in terms of Open Space. This tends to be somewhat contiguous to this property. We also know there is going to be a Bed and Breakfast that is going to be set up in this area. I would proposed of thinking in terms of out of the box, and looking at this property at some of its historical trails. I think Station Road, was, in fact, used by a stage coach, or something. There=s probably some ways of looking at this property for this kind of low-impact use, to be a contiguous trail down into the Bog, and a linear path along the lake, roughly over to Pax Amicus. So, I=m thinking of terms os using this base for this, especially in light of the fact that the developer isBin his own testimony through his experts last week, were talking about this place being so environmentally sensitive. I think it=s the right thing to do. So, I would also, I approve and think that you need to get someone get a letter here over to the Planning Board, we=ve got to have an Environmental Commissioner on there. That=s the only way to do it. And I=ve read the law, and I agree with Mr. Bonte the fact that it=s very telling in terms of the mandate of that Board. And we can no longer have a Board convening and making such serious decisions around this Town to have an influence. We have also spent quite a bit of money sewering that part of Budd Lake. This area is proposed for septics, and now we=re about ready to undo, I think, what we=ve just had to do for those of us who have purchased, and Assessment, and sewer quarterly payment, only to have septic systems on about 117 homes of some size, going into the Bog. Thank you.

President Sohl: Thank you. Any one else?

Mrs. Judith Hirky: I=m here to speak on the same subject. My letter is strictly from me as an individual who lives at 48 Lozier Road, and has been involved with environmental conditions in this Town, and Open Space in this Town for ages. Here=s my letter: ADear Bill, Ever since I moved to Mt. Olive Township, there have been intermittent crises regarding the parcel of land now known as Crown Tower Estates. First, the PUD, then Factor and Note Buyers, and now this. The current proposal, Crown Tower Estates appears to be the most critical of Mrs. Hirky (cont=d): all. The development of 117 houses on this parcel will have a most negative effect on our community. Let me comment firstly on the dedication of the 300 acres to the Town. I appreciate and applaud their contribution. You know how I feel about open space, so need not say more.@ But I will say moreBI feel the open space is very important to this Town. Even if it can=t be used for parks, people walk, people ride bikes. I have walked every inch of thatBusually looking for a dog that got out of the house, but I walked it. We have deer, we have all kinds of critters, we have bear. I like having them. AHowever, I would like to touch briefly on the points that most concern me without going into details or explanations. The Environment, wetlands, steep slopes habitats, (All species including endangered and threatened.) Runoff to the neighborhood and lake; Chemicals and pesticides, etc. running off from the new houses; Effect of their Wells on the community and the inter-basin transfer; Increased traffic on the narrow local roads; Increased enrollment in the schools causing overcrowding/more busing, more space needed in the schools/building new schools. For these reasons I would suggest that the Town seriously consider and look into the purchase of the entire tract, especially before the applicants go too much further in getting their approvals. You know my record on environmental issues so you are aware of the fact that my interests and concern cover all of Mt. Olive Township and that this is not a case of NYMBY. I am a senior citizen and am now retired on medical disability. I also understand that if we purchase this parcel of land there probably be an increase in my taxes. I would pay them gladly. Between our Grant Coordinator, the Open space Committee, and enforcement of our .03 cent Open Space Tax, I think there is a good possibility that it could happen. Please give it a try.

Mrs. Kelly: You also were on the Environmental Commission and appointed to the Planning Board, what years were they?

Mrs. Hirky: YesBI, too, was a Member of the Environmental Commission, and Mayor Johnson appointed me to the Environmental CommissionBI used to sit next to Earl (Spino).

Mrs. Kelly: And you were on for four years?

Mrs. Hirky: Yes.

Mrs. Kelly: That was a proper appointment, correct?

Mrs. Hirky: Yes, as far as I knowB

Mrs. Kelly: You=re still on the Environmental Commission, right?

Mrs. Hirky: Yes, I am.

Mrs. Kelly: Thank you.

Mrs. Hirky: Tonight I=m speaking as a resident of 48 Lozier Road, not as any representation of the Environmental Commission. I=m speaking strictly for myself.

Mrs. Kelly: I understand that, but I think it=s important that this Council knows that you were appointed properly several years ago.

President Sohl: Thank you, Judy. Anyone else?

Mr. Jerry Roskoff, Budd Lake: New topic. I notice in here, the LibraryByou=re going to dedicate eight acres to the Library? Why do they need eight acres? Are they going into competition with the Morris County Library?

Mr. Dorsey: They had a proposal, feasibility proposal put together by an architectural firm that specializes in Libraries and it was his suggestion to build the kind of facility that they wished to build and to leave areas for parking, and to leave areas in the future for expansion.That eight acres would be an appropriate area. And, the commitment to them is subject to the Director of Planning doing a general layout of that 16 acre tractBthat used to be the Baptist Church propertyBto see how it fits in with other Township needs that may be placed on that property.

Mr. Roskoff: I think eight acres is too much. And for the square footage that they quotedBwhat they need for their books. They=re getting a freebie. Eight acres of land. Why can=t they do it on four?

Mr. Dorsey: Well, they are not a foreign corporation. They are part of the Township.

President Sohl: If you saw the drawing, if you were here last week, you would see how that works outBwith the parking.

Mr. Roskoff: That=s the drawing that somebody puts together. They could have just as easily put together a drawing for four acres or three acres.

President Sohl: They have five acres now, and they=re cramped. If you go up there on a Sunday, you can=t even park.

Mr. Roskoff: I=ve been there on a Sunday.

Mrs. Kelly: Bill, I believe that that plan that they submitted to us, they did put it on five acres but they had askedBthey wanted to expand it to eight acres.

Mr. Spino: Expand for outdoor activities.

Mrs. Kelly: Yes. And we thought that that was agreeable. And I can go along with that.

Mr. Roskoff: Was that a single level building?

President Sohl: Yes, with a basement.

Mr. Roskoff: So, in other words, they could have conserved some of their space had they built a second floor.

Mr. Spino: It does have a basement. It=s not a single level building.

Mr. Scapicchio: Jerry, I think the concernBand they had advice from the architectBit had to do with some fire protection and the ADA requirements were restrictive to the point where it added a lot of additional costs. I think the determination that this single level was the most cost effective way to get the space they needed. Based on a number of issuesBfire protection, ADA accessibility.

President Sohl: Is there anyone else?

Mr. Dan Nelson: I just want to bring upBafter listening to these folks on the environmental concerns regarding these 117 homes on the 600 acres. That=s certainly a concern. I just want to mention, there is a development coming up on March 23, that=s coming before the Planning Board again, it=s 418 homes on 168 acres. They got their approvals with plans and studies that were done about ten or twelve years ago, they have a ten year extension. That=s 418 homes, that=s 836 cars twice a day, 1672 cars just going to and home from work. It=s going to be on the same road as this entrance to Turkeybrook Park. I think everybody agrees that it=s an ill-conceived plan, but apparently they have some rights because of Permits that were extended eight years ago, or something. I=d like the Council to consider it, look at it, and maybe be at the meeting on March 23.The plans aren=t finalized. There are environmentally sensitive areas there. The DEP wrote a 17 page letter denying their application to fill in around ten acres of wetlands. And then the DEP came here and addressed you folks and said it was okay. I hope some of you folks can make that meeting. Thank you.

President Sohl: Thank you. Anyone else from the Public? All right, I will close the meeting to the Public. Bob (Casey) you said you wanted a few minutes before we adjourned.

Mr. Casey: I=m going to bring everyone back to reality. We=re going to talk about Budgets, and what I want to do is distribute to you the Budget that I prepared for the Mayor. The Mayor has not approved the Budget yet, but he asked that I give it out to the Council in the same fashion that he has it, and I=ve given it out to Department Heads so that everyone can start reviewing it and start looking in terms of what you can and can not do this year. In Summary Statement, financially, you=re not in good shape. I=m going to give you a ten-page memo now that will summarize your financial positions, it outlines various changes in the Budget, and those things which are not changed, and also includes comments of what=s not in the Budget. I would just say, that=s a place to start, and at this point, Mr. Council President if you wish to schedule some meetings, I would be happy to start off meeting with you myself, and start walking everybody through the Budget in terms of what=s there and what=s not there. But I think at this point in time, this is a starting point, I think a lot of the other comments that were made here considering the development of all the parks and recreation lands, what is missing is a financial plan. Very shortly, I want to start doing some debt projections because I think you really start having to look at the issue as to what you can afford verses what you would like to afford. I think this Budget is the first step in this direction. The Budget that is put together here calls for a six cents tax increase. And that is to fund Mr. Casey (cont=d): no new programs, that is largely a function of some significant cost items carried forth in the last yearBprobably about $700,000 worth of fixed costs, increases in that Budget that you have, literally, no control overBDebt Service, Deferred Emergency Appropriations that you took last year, loss in Revenues that you have from last year carried forward. So there are a whole series of issues here that I think we have to seriously start looking at to start bringing home to the organization, where you=re at financially. So, rather than me reading you the ten-page letter, I=ll hand it out, and I=ll give you the Summary Statement, and we=re ready to start talking at any time. This does not include the Water & Sewer, and Sanitation Budget. You=ll have those, probably, the first of next week.

President Sohl: Is this now considered a Public Document?

Mr. Casey: Yes, as far as we=re concerned, what I gave to the Clerk is a Public Document and can be looked at by anybody who wishes to look at it. As I indicated, the Mayor has not approved this yet. He=s still reviewing it with me, but he wanted you to have a copy of it. So, we are late in the process because of all of the transitions going on. We will be simultaneously reviewing it, both the Council and the Mayor, myself. So, we=ll work in concert on this.

President Sohl: All right. Any other Council Comments?

Mr. Heymann: I found out from talking to Bob that we still have not moved forward with the Flanders Crossing specs. Can we write a letter to the Mayor and find out who is going to do that? That project is still hanging aroundB

President Sohl: Bob, do you know the answer to that?

Mr. Casey: We haven=t evenBmy recollection of these meetings is, I=m not quite sure, if it=s ever really come forward to you where you have basically said we=re moving forward with those lights and specs relative to that whole thing. There was a lot of discussion here relative to bringing in that extra tower, etc., that everyone seemed to be awaiting this further information There has been no formal action taken one way or the other.

Mr. Heymann: Well, the Planning Board approved the project, I thought the light tower they were talking about was for the Planning Board people to look at. I thought when we last left it with Mr. Rattner, we were saying, ALet=s get the specs so we know what it=s going to cost when we talk about it.@ And that=s just what I thought we were going to do. I don=t know who does those specs. It may not be Bob (Casey) he=s only here a couple days a week.

Mr. Casey: Well, on something like this, if you are zeroed in on that one company, they will design and give a ballpark estimate on specs. You have to recognize that they write a very good set of specs and no one else can bid. They=re very good that way. But they areBlike the ACadillac@ of the systems. If you had their design, their specs, their numbers, you can obviously revise that and use a generic set, but it will come in less than theirs because their program is just more expensive than the other ones.

Mr. Heymann: I just want to say, we get the total package that includes the concession stands, the bathrooms. That=s what we had discussed doing, and that=s why the presentation made before the Planning Board, and now it=s a least 30 days later, and we haven=t moved off the dime.

Mr. Casey: I thought the engineer was doingBpreparing some of those specsB

Mr. Heymann: I don=t know. I don=t really know, Bob, to be honest with you. I just want to know who is doing what.

President Sohl: Can we leave this with you Bob?

Mr. Casey: I=ll have to find out where they=re at.

Mr. Heymann: Just find out where they=re at.

President Sohl: Any other Council comments?

Mr. Scapicchio: I just want to thank everybody for supporting my proposal on Turkeybrook. I=m not going to be here for theB

President Sohl: YesBI=d like you and Ron (Heymann) to serve on that. Earl, did you want to serve on that? Well, we have at least two Council people and I think if we can get a baseball repBI=ll talk to the Mayor about possibly other people. And this is just on the development of Turkeybrook. So, this is not a Supplement to the Recreation Committee.

Mr. Scapicchio: No, in fact, I think we should probably see if we can get somebody from Recreation to serve with us.

President Sohl: Definitely a good idea. All right, any other comments?

Motion made for adjournment. All in Favor, None Opposed. The Meeting was adjourned at 10:00pm.


William H. Sohl

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 April 11, 2000.



Mount Olive Township Clerk





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