Mount Olive Township Council Minutes
November 20, 2001

The Regular Meeting of the Mount Olive Township Council was called to order at 7:30pm by Council President Rattner with the Pledge of Allegiance to the Flag.

According to the Open Public Meetings Act, adequate notice of this Meeting has been given to the Mt. Olive Chronicle and the Morristown Daily Record. Notice has been posted at in the Municipal Building, 204 Flanders-Drakestown Road, Mt. Olive Township, New Jersey, and notices were sent to those requesting the same.

ROLL CALL: Present: Mr. Guenther, Mr. Heymann (8:40), Mrs. Miller,
Mr. Scapicchio, Mr. Spino, President Rattner.
Mr. Sohl (8:25)

President Rattner: I would also like to acknowledge the attendance of the Mayor, Paul Licitra; the Township Attorney, John Dorsey; and Township Clerk, Lisa Lashway.

President Rattner: Tonight representing the Administration we have Mr. Wilpert. We had a couple serious situations today. The Mayor's father is ill and our Business Administrator's mother passed away this morning. So Mr. Wilpert is filling in for the Administration. I guess with that, do you have any Administrative reports, or any instructions.

Frank Wilpert: No

President Rattner: Any legal issues Mr. Dorsey?

Mr. Dorsey: No.

Mr. Guenther was excused temporarily for personnel phone call.

President Rattner: We will wait until he returns.

Mr. Scapicchio: Could I bring up something to the Administration's attention while we are waiting?

President Rattner: Yes.

Mr. Scapicchio: Frank, we have a Memo in here. I think it is from Nextel Communications, for leasing of the water tank, at Oakwood for cellular towers. We had discussed at the Board of Health Meeting at which you were present and Peter King, Mr. Dorsey's associate, and we had talked about access to these water tanks and the dispersement of keys to these outside individuals. Can the Administration just put together or work with the Attorney to see if there needs to be some language in these new lease agreements that addresses that issue? Thank you. I think somebody should tell Bernie we are waiting for him.

Mrs. Miller: He said it was a very important call.


Correspondence from Residents

1. Letter received November 14, 2001, from James Buell regarding Written Comments about Ordinance #24-2001 (To place certain one way restrictions on Linwood Road)

2. Letter received November 15, 2001, from Flanders Crossing Homeowners Association regarding Safe Access to Flanders Park.

Resolution, Ordinances, Correspondence from other Municipalities

3. Resolution received October 22, 2001, from the Town of Boonton regarding Morris JIF Proposed Budget for 2002.

4. Resolution received October 22, 2001, from Hackettstown Planning Board regarding reexamination of its Master Plan.

5. Ordinance received October 24, 2001, from the Township of Roxbury regarding Land Use.

6. Resolution received October 29, 2001, from the Borough of Deal regarding a Resolution in response to the September 11, 2001 Attack on the United States.

7. Ordinance received November 13, 2001 from the Borough of Netcong regarding Land Use.

8. Ordinance received November 15, 2001, from the Borough of Netcong regarding Land Use.

League of Municipalities

9. Letter received October 24, 2001, from the New Jersey State League of Municipalities regarding the 86th Annual League Conference / Security.

10. Letter received October 24, 2001, from the New Jersey State League of Municipalities regarding consideration on submitting a conference Resolution.

11. E-mail received November 13, 2001 from Michael Cerra regarding Legislative E- Line Alert.

12. Letter received November 14, 2001, from the New Jersey State League of Municipalities regarding League Seminar on "Managing you Municipality in times of Crisis."


13. Letter received October 26, 2001, from PK Environmental regarding Letter of Interpretation Line Verification Application (Revisions) Block 7801, Lot 41 (Mount Olive Road)

14. Letter received October 29, 2001, from NJ Transit regarding 2002 FTA Section 5310 Grant Notification.

15. Letter received November 2, 2001, from Glasson Environmental Services regarding Notification of Application for Letter of Interpretation on Block 6900, Lot 19 (6 Bartley-Chester Road) Applicant: Academy for Brighter Children.

16. Letter received November 7, 2001, from the State of New Jersey, Department of Environmental Protection regarding Compliance Evaluation, Musconetcong Sewerage Authority.

17. Letter received November 9, 2001, from the State of New Jersey, Department of Environmental Protection regarding Exemption Determination, Consistency Determination Applicant: Firetower, LLC, Project Name: Crown Tower Estates.

Correspondence from Legislative Representatives

18. Letter received October 25, 2001, from Acting Governor Donald T. DiFrancesco regarding new legislation.

19. Letter received October 26, 2001, from Rodney Frelinghuysen regarding a Mail Advisory for Constituents of Congressman Frelinghuysen.

20. Letter received November 6, 2001, from Assemblyman Guy Gregg regarding the DOT Awarding Mount Olive Twp. a Municipal Aid Grant in the Amount of $150,000.00.

Correspondence from Organizations / Committees / Boards

21. Letter received October 24, 2001, from Midday Morris regarding "Community Outreach: Personal Rewards".

22. Letter received October 25, 2001, from the National Association of Cities regarding Progress of Economic Development Program.

23. Letter received October 25, 2001, from Brown and Brown Insurance Company regarding Request for Permission to Provide Proposal of Insurance.

24. Letter received October 29, 2001, from NewBridge Services, Inc. regarding Behavioral Healthcare Services.

25. E-mail received November 6, 2001, from Fran Palm of First Call regarding updated information of the September 11th Disaster events.

26. Letter received from the National Association of Cities regarding Township Profile form.

27. E-mail received November 13, 2001, from B. White regarding WTC Update.

28. Announcement received November 14, 2001, from the Mount Olive Township Board of Education regarding an Open House/Tour.

29. Notice received November 15, 2001, from the Division of Labor Market & Demographic Research regarding the 22nd Annual Conference.

Utilities / Cable

30. Fax received October 24, 2001, from Comcast regarding Republican Gubernatorial Candidate Bret Schundler to Appear on CN8 in Special Edition of Comcast Newsmakers.

31. Fax received November 2, 2001, from Comcast regarding Election night coverage.

32. Letter received November 9, 2001, from Comcast regarding Municipal Breakfast.


33. Newsletter received November 5, 2001, from Council on Affordable Housing regarding Rules on assisted Living Units Proposed; COAH certifies Wanaque's Plan, and COAH Annual Report and Handbook.

President Rattner stated that we had 23 items of correspondence and asked if Council they had any comments.

Mr. Scapicchio: Just No. 2. We received a letter on November 15, 2001 from the Flanders Crossing Homeowner Association about the safe crossings to Flanders Park, and we have a letter in our packet today from Sandy Kaplan who has directed the Police Chief, the Public Works Director, Parks and Recreation Director, the Township Engineer to look into that matter to and to provide us with some written proposals on improving the safety from that development to the park.

President Rattner: Thank you Mr. Scapicchio.

Mrs. Miller: Under correspondence, No. 1, a letter from James Buell regarding the comments about the Ordinance that we are going to pass tonight on the One Way. I thought a lot of his comments made a lot of sense.

President Rattner: They were the same comments he made last week at the Public Hearing.

Mrs. Miller: Yes I know, but it was in writing and it was much easier to understand. I think that he has something that maybe we could consider when we are discussing the ordinance.

President Rattner: Bernie we have a motion and a second to approve the minutes from October 23, 2001.

Mr. Scapicchio moved for approval of the minutes, and Mrs. Miller seconded that motion.

ROLL CALL: Passed Unanimously.

President Rattner: I just mentioned we have 33 items of correspondence, is there anything on the correspondence you would like to discuss Mr. Guenther? Mr. Scapicchio and Mrs. Miller already discussed their items.

Mr. Guenther: No, President Rattner:

President Rattner: Moving right along.


Ord. #24-2001 An Ordinance of the Township of Mount Olive Establishing Linwood Road as One Way During Certain Designated Times.

President Rattner opened the Public Hearing Ord. #22-2001.

Ned McDonald, Budd Lake, NJ: Has any thought been given to having signage put out during the hours that this area will be one way, other than just a permanent sign on the road. My concern is that if you put a permanent sign up after a while it might be ignored, or people new to the area may not see it. Also there is going to be a problem of if your watch is wrong, it just seems like it is an accident waiting to happen. Unless there is some sort of a physical sign put into the road during the hours that it is one way.

President Rattner: We discussed this. We had a workshop three weeks ago. We had our safety officer, the Police Chief, and that was brought up. That was brought up they are the ones that are trained in the safety, that they felt that the permanent signs made more sense. That was discussed.

Mr. McDonald: Do we have any other roads in the Township that have this type of situation?

President Rattner: I don't believe so.

Mr. Guenther: Isn't Alden Terrace, at certain hours of the day one way to prevent people from cutting through.

President Rattner: I think it's the turns. I am not sure if it is one way.

Mr. Guenther: There is some restriction between 4:00 and 6:00, I thought it was a one way.

Mr. McDonald: That is for turning though. My concern is that it looks like there could be a possibility of either a head on collision or school children or somebody not expecting a car to come down the wrong way on the one-way street. I believe there are statistics in New York City where most pedestrian accidents occur on one-way streets where a car comes the wrong way on a one way street.

President Rattner: As I said I brought it up, and I believe one other Council Member questioned the Police Department and the Officer who has had the training in this area and he disagreed and said the permanent signs are actually better because he used examples that if something happens and lets say an officer goes to an accident scene or something, then what do you do when people feel that we have other signs that say one-way certain hours of the day, people are looking for another sign and it is just not there.

Mr. McDonald: I am not suggesting at all that the permanent signs are not there. I am suggesting that in addition, as a safety factor that a sign be put in the middle of the road on one of these posts or something like you see in Denville where they have the crossing signs that they put out on the street. It just seems like with something there that will get your attention more than a sign up on the side where it could slip somebody's memory or they have got their watches wrong.

Richard Bonte, Budd Lake NJ: Who requested this street to become one way at certain times of the day? Did this request come from the School Board originally?

President Rattner: I believe it was the School Board.

Mr. Bonte: Because I know in other Towns they have this. I know it is done in Rockaway, I know it's is done in Dover. And there are physical signs as Mr. MacDonald has pointed out that are put out. I would suggest that since the School Board has requested this and the Governing Body is now accommodating their request, that we ask the School Board to place some type of physical sign in the road. I don't know whether there are Crossing Guards that can do it, or other school personnel. But this is done in a lot of other towns, and I think it is a good idea.

Mr. Dorsey: That just makes a lot of sense. If you recall, this Ordinance is only in place when school is in session. I mean that is what we put in the Ordinance. It is only in effect, so if you put up permanent signs, I don't know what you are going to put on the signs.

Mr. Bonte: That is an interesting point too Mr. Dorsey, because many of us that do not have kids in school anymore. A lot of time we don't know what days school is in session and what days it isn't, so I would think that the School Board should be able to provide.. if we provide them the signs, they could provide the manpower to get them out there every day. They have asked for this, and I am not suggesting that we don't accommodate them, but it needs to be made safe.

Mr. Guenther: I noticed Officer Van Ness is not here tonight. I was going to ask, is there a Crossing Guard, if they had a Crossing Guard near there that could easily be one of his/her functions.

President Rattner: Do you remember, at the last meeting, I brought up the same thing about the signs using Dover and Rockaway as an example, and they felt it wouldn't increase safety, increase liability, because if something goes wrong with where you place the blockade sign or whatever they call it, it was decided in our Workshop that we were not going to press for it.

Mr.Guenther: But it was an either/or proposition. It was either one or the other. Their suggestion, which I think makes sense, is in addition to the permanent sign.

President Rattner: No. This was in addition so people would see a barricade type sign when they couldn't go up the road.

Mr.Guenther: I don't see anything wrong with doing it. It can't hurt.

Jim Buell: In terms of the last question, your School Guard shows up at about 8:30 in the morning and leaves at 9:00, or a few minutes before 9:00, and then shows up again at around 3:00 and is gone by 3:20, so your school Crossing Guard would not be the person, he is not there in the beginning and ending of the time that you are suggesting in terms of this Ordinance. It would have to be someone else who would put this sign up. I agree, that if you would do it, it would make more sense to have something there. Just in terms of the Ordinance, I wrote you a three page letter, I will answer any questions you have on it. The major point I made is, you don't need the restrictions in the morning because there are no parked cars. There are about three or four parked cars in the morning between 8:00-9:00 in the morning. So there is no safety problem. In the afternoon, this plan works in June, July, August, September, and October. When you get to the January, February, March area when you have a heavy snow pack on the ground, you have now created a very hazardous situation. Instead of the 20 cars that came down that street last year, you are now going to have a 150 cars going down that street. It is going to be a one-way street with only about 7ft.- 8ft. of macadam to accommodate these cars. At the same time you have all of these people trying to enter the cars that are parked on that street who have to go out to that street. At the same time you have these 150 cars going by. What you are doing is making a bad problem worse.

President Rattner: Okay, I will close the Public Hearing.

Mrs. Miller: I would move to hold this until we further investigate this because I am not comfortable and I probably won't vote for it. Maybe other people feel that way to. I would make a motion to hold this.

President Rattner: I think we need a discussion, because we could direct the Mayor, because you know from the workshop that I want the barricade signs and gave examples where they were used and how they were used.

Mrs. Miller: I would like to work on this and make it better.

President Rattner: That could be directed to where the Administration works with the School Board.

Mrs. Miller: So would it be appropriate to make a motion to hold it?

Mr. Dorsey: You could make a motion to table Charlene.

Mrs. Miller: To table, yes.

Mrs. Dorsey: Then you have to ask if there is a second.

Mr. Guenther: Seconded.

Mr. Dorsey: It has been moved and seconded.

Mr. Guenther: Comments

Mrs. Miller: There are no comments on a motion to table. The motion to table is defeated.

ROLL CALL: Mrs. Miller and Mr. Guenther voted yes.
Mr. Scapicchio and Mr. Rattner voted no.

Mrs. Milller: Now what do we do?

Mr. Dorsey: Somebody has got to make a motion to adopt the ordinance.

Mr. Scapicchio moved for adoption and final passage of Ord 24-2001 and President Rattner seconded that motion.

Mr. Rattner: Now we can have Council discussion on the Ordinance. Mr. Guenther now you can have a discussion.

Mr. Guenther: I think there are some points that Mr. Buell made that are worthy of consideration. I know we reduced the time in the morning from what it originally was, but I think you make some valid points in here and it is a shame that Officer Van Ness is not here tonight. I just don't feel comfortable with it. I mean if we have to get to this, maybe somebody has to go out there with a counter two or three days in the week. Somebody official in the Police Department or somebody that we assign to see if Mr. Buells figures are anywhere near being correct, because I think he has some valid points as to the times that we are allotting here. If the traffic indeed is between 8:30, and 9:15, we're not covering it. We are doing 8:00-9:00, so we are really not covering the period that is important here. I think we really need to put a little more homework into this.

Mrs. Miller: I agree with Bernie.

ROLL CALL: Mr. Rattner and Mr. Scapicchio voted yes.
Mr. Guenther and Mrs. Miller voted no.
The motion to adopt is defeated.

Mr. Dorsey: The Ordinance is dead now.

Mrs. Miller: The Ordinance is dead. Okay.

Mr. Dorsey: Dead, dead.

President Rattner: Okay, next item on the agenda for Public Hearing.

Ord. #25-2001 An Ordinance of the Township of Mount Olive Authorizing Conveyance of Certain Lands Along Sandshore Road.

President Rattner opened the Public Hearing on Ord #25-2001.

Bob Elms, Budd Lake, NJ: The Lands that are being conveyed, are they being conveyed to the adjacent property owners?

Mr. Dorsey: Yes. This is a situation in which Pinnacle redesigned a portion of the road, freeing up certain areas and those areas are now being conveyed to three property owners that immediately abutt the property at no charge.

President Rattner: Anybody else from the Public like to address the Council on this Ordinance. Seeing none I will close the Public Hearing and ask Mr. Guenther to move this one.

Mr. Guenther: I move for adoption and final passage of Ord.#25-2001 and Mr. Scapicchio seconded that motion.

President Rattner: Any Discussion?

ROLL CALL: Passed Unanimously.

President Rattner declared Ord. # 25-2001 as passed on second reading.

Ord. #26-2001 An Ordinance of the Township of Mount Olive Applying Title 39 of the New Jersey Statute to the Shopping Center Referred to as Mount Olive Shopping Parkade.

President Rattner opened the Public Hearing on Ord. # 26-2001.

President Rattner closed the Public Hearing on Ord. # 26-2001.

Mrs. Miller moved for adoption and final passage of Ord. #26 - 2001 and Mr. Scapicchio seconded that motion.

ROLL CALL: Passed Unanimously

President Rattner declared Ord. # 26-2001 as passed on second reading.

Ord. #27-2001 An Ordinance to Amend and Supplement an Ordinance Entitled, An Ordinance of the Township of Mount Olive Implementing the Emergency Services Volunteer Length of Service Award Program (Ord. #32-99) (LOSAP change point system for Budd Lake Fire Department)

President Rattner opened the Public Hearing on Ord. #27-2001.
President Rattner closed the Public Hearing on Ord. # 27-2001.

Mr. Scapicchio moved for adoption and final passage of Ord. #27-2001, and Mr. Guenther seconded that motion.

President Rattner declared Ord. #27-2001 as passed on second reading


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

Motion to approve Consent Resolutions - D. Scapicchio

1. Resolution of the Township Council of the Township of Mount Olive Authorizing the Release of Performance Guarantees in Connection with the Northwest Professional Center - Route 206.

2. Resolution of the Township Council of the Township of Mount Olive Retaining Thomas J. Zellman dba Tech Services. (Police Radio Consultant)

3. Resolution of the Township Council of the Township of Mount Olive Authorizing a Reduction in Performance Guarantees for Wyndham Point (Section 3).

4. Resolution of the Township Council of the Township of Mount Olive Authorizing a Final Payment to Tilcon New York, Inc. in Connection with the Resurfacing of Corey Road.

5. Resolution of the Township Council of the Township of Mount Olive Authorizing a Reduction of the $2,250,000 Letter of Credit Submitted by AIG Baker in Connection with the "Road Construction Agreement." (ITC South Connector Road)

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

7. Resolution of the Township Council of the Township of Mount Olive Authorizing a Developer's Agreement Between the Township and Flanders Fire Co., No. 1, Inc.

8. Resolution of the Township Council of the Township of Mount Olive Condemning China's Persecution of Falun Gong Practioners.

9. A Resolution Approving Change Order #1 to the Contract for the Creation of Wetlands. (ITC South Project)

10. A Resolution to Award a Contract for the Installation of Thermoplastic Traffic Striping and Pavement Markings for the ITC South Connector Road.


President Rattner: Would any Council Members like any of the ten Resolutions removed from the Consent Agenda.

Mr. Guenther: No. 3 and 9.

President Rattner: Okay, so we will take No.3 and No.9 off the Consent Agenda. Anybody else?

Mr. Scapicchio moved the Consent Agenda Nos. 1,2, 4, 8 and 10 and Mrs. Miller seconded that motion.

President Rattner: Is there anybody from the Public that would like to address the Council on Resolutions excluding No. 3 and 9, which we will be discussing separately. Seeing none, I will close the Public Portion on the consent agenda. Is there any Council Comments?

ROLL CALL: Passed Unanimously.

President Rattner: Resolution #3. Mrs. Miller would you move that.

3. Resolution of the Township Council of the Township of Mount Olive Authorizing a Reduction in Performance Guarantees for Wyndham Point (Section 3).

Mrs. Miller moved for adoption on Resolution # 3 and Mr. Scapicchio seconded that motion.

President Rattner: Would anybody from the public like to address the Council on this resolution? Seeing none. Council comments.

Mr. Guenther: My main reason for wanting to discuss it was as part of the Resolution it says the justification for it by way of a letter dated October 22, 2001 a copy which was is attached to you're here to was not attached to my hereto and I did not find it in my correspondence. (long pause). Well it does not give me very much detail, I guess we'll have to go on the fact that Schoor Deplama says they are in order. That's all it says.

Mr. Dorsey: We hold him responsible.

President Rattner: Any other discussion?

ROLL CALL: Passed Unanimously.

9. A Resolution Approving Change Order #1 to the Contract for the Creation of Wetlands. (ITC South Project)

Mr. Scapicchio moved Resolution #9 and Mrs. Miller seconded that motion.

Mr. Bonte: Is this Township money or ITC money.

Mr. Dorsey: ITC.

Mrs. Lashway: The process for a Bond reduction; the developer under the Land Use Law has to request in writing a reduction in their performance guarantees. The Request goes to the Town Engineer who then in turn writes a letter. We have to take action on a request for a bond reduction within a certain amount of time. If not, it is an automatic reduction. The process has always been the Town Engineer writes us a letter, the letter goes to Mr. Dorsey, and Mr. Dorsey prepares the resolution. Everything did come in that order for this Resolution.
Mr. Guenther: So it is really formality, in other words…

Mr. Dorsey: It is a formality in the sense that the bond can't be reduced without the Township Council adopting the Resolution. It is always based upon the recommendation however of the engineer becoming responsible for that recommendation.

President Rattner: Any other discussion?

ROLL CALL: Passed Unanimously


1. Bill List.

Mrs. Miller moved that we approved the Bill List, which is 39 pages, and Mr. Scapicchio seconded that motion.

Mr. Scapicchio: There is a Bill here for Voller's for both Turkey Brook and ITC, Page 8 in the Bill List. The total amount of this bill to be paid is $385,524.58. The portion dedicated to Turkey Brook is
$204, 482.88. I am not quite sure Frank, if you can answer this, but there is a line item on the requisition. No.3 dated September 28, 2001 that says extra work. Steve and I have looked through the purchase order and the request and I can't find what was extra. So I am not sure, and my concern is that several weeks ago, we talked about the potential of an extra charge for moving around topsoil that was located from AIG/Baker South to his site and that has been in question. So although I want to pay this bill I want to pull out the portion that is dedicated to that, in fact that's what this extra is.

Mr. Dorsey: On behalf of Mr. Wilpert I'll say we'll refer that to the Chief Financial Officer.

Mr. Scapicchio: If it is a lot of money, I don't want to hold them up for very long.

Mr. Dorsey: It would have been better is this was not put in at all. It would make sense, it's extra work.

Mr. Scapicchio: So what do you want to do?

Mr. Dorsey: Approve this voucher, provided that it does not contain any of this extra work. That is what you want to do, right?

Mr. Scapicchio: But it says it is extra work.

Mr. Dorsey: I understand, but it has no dollar amount.

Mr. Scapicchio: If that satisfies you, then that is what we will do. If your are telling me that…

Mr. Dorsey: Okay, I will make the Resolution. I will do a separate Resolution.

President Rattner: What did you do on the Bill List? We moved the Bill List and got a second.

Mr. Scapicchio: Could I make a recommendation that we pay the portion that is dedicated to ITC Wetlands in the Amount of $181,041.70

President Rattner: Yes. That makes sense. And we scheduled Public time at next weeks meeting so that when it is resolved we can approve it next week.

Mr. Wilpert: Not having seen, or reviewed it, or had an opportunity to discuss it with Mr. Casey, I can't really answer your question, but I think that is a good idea. Hold that and just pay that $181,000.

President Rattner: So I guess the motion is that we are moving from the Bill List the amount of $204,482.88 from the Voller's Voucher, which would leave a check of $181,041.70.

Mr. Dorsey: The motion is to approve the Bill List with the only amount being paid to Voller's being in the amount of $181.041.70.

Mrs. Miller moved for approval of the Bill List with the only payment to Voller's being the one for $181,041.70 and Mr. Guenther seconded that motion.

President Rattner: Okay. There were two vouchers in for Voller's for a Total of $385,000. We're with- holding the entire amount until we get a better explanation on the Turkey Brook Portion. The ITC portion, there was no question. So we are paying roughly half the money that they put in for, and we will resolve the rest next week.

Mr. Guenther: I have a couple questions on some items on the Bill List, Page 12. Maybe it is just a clarification of terminology. The second item from the bottom says refund due to State Appeal. Is that a refund that we paid out to somebody, or they appealed?

Mr. Dorsey: They appealed and there was an adjustment in their assessment. It is rare this year, but 10 years ago it was common.

President Rattner: Now a State appeal is different in that it goes to County and somebody has an option of going two different places?

Mr. Dorsey: Well, appeals can begin at the County Tax Board, however if an appeal involves an assessment of more then $750,000 it must be brought in the State Tax Court appeal and was ultimately was worked out with a small adjustment.

Mr. Guenther: Next, on Page 26. Attorney Cushing; what has he been working on for us.

Mr. Dorsey: He has been working particularly on the Hashemi case. I think this deals with the fact that he and I went to court. He then got the stay from the Appellate Division in terms of future hearings. The Mayor has very much been on top of this.

Mr. Guenther: So it is pretty much the Hashemi case, right?

Mr. Dorsey: Yes, it is.

President Rattner: Thank you Mr. Guenther. Anybody else?

ROLL CALL: Passed Unanimously

President Rattner: Mr. Guenther, would you take the Raffle Applications?

2. Approval of Raffle Application #1012, #1013, & #1014 for the Tinc Road School PTO and BA#1015 and RA#1016 for the Budd Lake Fire Dept. Co. #1.

Mr. Guenther moved for approval of the motion and Mr. Scapicchio seconded that motion.

ROLL CALL: Passed Unanimously


Mr. Guenther: None at this time.

Mrs. Miller: None at this time.

Mr. Scapicchio: Yes, I filled in for you Steve at that meeting with AIG/Baker. The Aadministration from Mt. Olive and Netcong relative to Dean Griffith; his property flooding. After a lengthy discussion one morning, Netcong and Mount Olive went out to the site and it was just a 8 inch drainpipe that was clogged.
They had that cleaned out. There are no more problems. We spent more effort talking about it than it did to take care of the problem. But we have one satisfied Netcong resident.

President Rattner: Mr. Scapicchio made sure that all the parties were there and instead of just discussing it, they did a visit to the site and they looked at it. They could tell right away what it was. Thank you very much. I have no reports at this time. Now I will open it up to the Public to anything that you would like to address the Council on?

Mr. Greenbaum: One quick question on the correspondence portion, No. 17, Is that a letter which is Public and something we could get a copy of because I know there are a number of people in the audience who would like to see that letter. Thank you.

Mr. Bonte, Budd Lake, NJ: Following Robs request has anybody on this Council read that letter? Could you briefly tell us what it says?

President Rattner: I believe that the request for one of the waivers was denied and I believe there was another part on there that they wanted another request, they said was incomplete. Pardon their application was incomplete. Now I am doing that from memory right now, but they were the two main ones. Very similar things that I heard come up at the Planning Board Meeting.

Mr. Bonte: A pleasant surprise. Three weeks ago at the last public session, I commented on the bill board in Flanders. The last time I drove by the billboard, it still says on the bottom of it, what it said on it.

Mr. Scapicchio: When did you drive by there last?

Mr. Bonte: About a week ago. Has it been changed?

Mr. Scapicchio: I have not been by there. We were assured from the Administration that it was. If it hasn't, then maybe we need to adopt a resolution, or instruct the Administration to change that sign.

Mr. Bonte: I will make a point of driving by it tomorrow. It's gonna reflect something to the effect that this is dedicated from the residents of this Township?

Mr. Scapicchio: The Mayor had represented to us that was going to happen.

Mr. Bonte: Okay. Thank you.

President Rattner: Anybody else from the Public like to address the Council?

Nicole Kulburg: I have a question on what would be Resolution #10, why were bid notices only sent to three contractors.

Mrs. Miller: I don't think the bids are sent to anybody, they are just open. Don't they come in and request them?

President Rattner: We advertise, but if we know there are vendors around that have done business before we will send them out. What we try to do although it is not required, for people. Denville Line Striping I think is one, there is only a few around so we will go out for people who have bid before. But the requirement is to put it out and to advertise. That is where most contractors in that line know to look in the paper for those legal notices.

Nicole Kulburg: So where this says, whereas the bid notices were mailed to three contractors, you are also representing that this was also published.

Mr. Guenther: Sure

Nicole Kulburg: The upgrade of the radio for the Police. How is that consulting service found?

Mr. Dorsey: The Chief of Police solicited proposals and found a consultant that apparently he was satisfied with and asked him to make a formal proposal. This is a professional type contract. Competitive bidding is not required.

Nicole Kulburg: But the Police Chief did receive several proposals?

Mr. Dorsey: He reviewed several possibilities and then asked this particular individual to prepare a formal proposal.

Nicole Kulburg: Did he present a report to the Town Council about this. About the proposals that he received.

Mr. Dorsey: There was a report from him as to why this particular service was necessary and why he had selected this particular individual.

Nicole Kulburg: Has that been made public or is that just in your possession.

President Rattner: That was in public at the last workshop meeting where he actually made presentation explaining why we were doing it.

Bin Juh, Falun Gong Practitioner: Honorable Council Members, I am speaking on behalf of all Falun Gong practitioners, especially those Chinese practitioners who are still in jails, in labor camps, in mental hospitals, others who have lost their jobs, their education, and family relationships because they don't want to gibe up their beliefs and Falun Gong practices. We appreciate your efforts in supporting the Resolution demanding that the Chinese government stop persecuting Falun Gong practitioners. Your efforts have shown your strong support for and firm belief in fundamental human rights, justice and freedom.

At a time when the basic human rights of tens of millions of people are brutally violated by the Chinese government, we are glad that you and your colleagues are standing up to a safeguard and uphold justice.

Your resolution is sending a message to the Falun Gong practitioners in China that they are not standing alone because they are supported by the people in America including those in Mount Olive, your resolutions is also sending a message to the Chinese regime that their injustices and violations of human rights against Falun Gong practitioners will not be tolerated by their friend in America who believe in justice.

If one person's effort can make a difference, then your decision will make a big difference. We strongly believe that if all the justice minded people in this world could stand up to condemn the evil just like you have done, the day that evil force be completely eliminated and all the Falun Gong practitioners in China can be free to practice Falun Gong and their beliefs will come soon. Again, thank you for your support and help. Sincerely, Bin Juh.

Ms. Labow: First of all I would like to congratulate Bernie Guenther, Steve Rattner, Rob Greenbaum, and Ray Perkins who is not here for winning their Council seats. I would have to say that I think it was one of the best experiences of my life. I enjoyed it thoroughly, and I am looking forward to once again running in 2003. Then I would like ask a question. This one package that you had at the table, thirteen pages and they are all exactly the same. It is entitled the analysis of Capitol ordinance balances. There is 13 pages, and every single page is the same exact thing.

Mayor Licitra: That is supposed to be the Bill List.

Colleen Labow: I don't know how many were done, but they're all the same. The other thing I would like to say, is that I did drive by the billboard yesterday Mr. Bonte, and it was still the same billboard but I did notice that it is starting to peel. So after a certain amount of time, they do replace them, so hopefully …So next thing I would like to say is that last year at Christmas time as always I always gave for the Charlie Brown Christmas drive. You are all familiar with Chief Charlie Brown, and his drive for the Eastern PA Orphanage? Last year when I once again donated gifts I found that there weren't as many donations as there had been in the past, and was not as much involvement. When Charlie died on Christmas morning in 1999, along with him died a lot of the contacts that he had because he did not have it written down, a lot of us did not know where he went for his supporters or whatever, I had made a commitment at that time that this year I would be a lot more involved in it. With the election, and unfortunately I did not get as involved as early as I wanted to. But Wednesday morning right after the election I did get to work on it. We did come up with a flyer, which we have been passing around through Town. Phil Garber is supposed to have an article in the paper this week talking about it, and one of the best things that happened, I contacted Debbie Voyce who is the president of the Mount Olive PTA at the middle school and she was telling me that Mayor Licitra had instituted a program when he first came into office, you could probably correct me on a date. The Youth Advisory Council. It has been into effect for about two years now. Well there is a brand new off shoot of it and that is called the Community Links which is based at the Mount Olive Middle School and it is headed by one of the teachers there Coach Miss Karen LaValley. There are 30 students signed up for this program and I am very happy to say that they decided to use this as their first project to launch their committee, and they are going to be collecting toys and gifts and funds through the Middle School. Along with that I am working with Officer Karl Mays, and Officer Jeff Kalifut. Jeff Kalifut is mostly looking for the gifts for the children with Cerebral Palsey. Carl Mace along with Debbie Voice and myself are looking for donations from the rest of the Town. We have set up an account at the Valley National Bank and it is entitled the Charlie Brown Memorial Christmas Fund. Anyone who would like to make donations could go directly to the bank. Anybody who would like to donate gifts
Colleen Labow (cont'd):.or whatever can drop them off here at the Police Station or they can contact anyone of the people on this flyer, and we could make arrangements to pick it up.

Bob Elms, Budd Lake, NJ: Resolution #2. did I understand this correctly, this is going to be a Professional Services Contract?

President Rattner: Yes.

Mr. Elms: Is Mr. Zellman a licensed professional?

Mr. Dorsey: It is my understanding from the Chief's representation that he was a professional engineer.

Mr. Elms: He is a licensed professional.

Mr. Dorsey: My understanding, from what I got from the Chief. I didn't select him.

Mrs. Miller: I believe he is from the Sheriff's department and he works on the radios. So he comes highly recommended.

Bob Elms: I would like some help in recollecting something that was said here. When they were getting ready to start ITC. As I recall it we couldn't have a separate light at ITC, and that is what caused the closure of Goldmine Road and Flanders Netcong Road. That the State would not put two lights within that distance. Is my recollection correct?

John Dorsey: My recollection is that the through street, Flanders-Netcong and Goldmine was terminated because Council persons specifically did not like those streets mandated by traffic going to what is the International Trade Zone South, people finding their way in there through those basically residential streets and that is why they were terminated. Nothing to do with a particular traffic light.

President Rattner: Those were two different issues. One, the State was moving the light from Goldmine Road up about 300 yards to where International South is going to come out, that is why they have the connector road. The issue which was discussed at the Planning Board was the fact the developer made a representation to expect up to 34,000 vehicle trips a day for the shopping center and 5% their estimate, 5% of the people would find local roads to avoid Route 46. Looking at the number of vehicles that would be traveling the local road, 5% of 34,000 is another 700 for a road that may only have a 150 vehicles a day, just seemed like a very big increase, especially with people trying to avoid traffic on the highway. I actually went around. I went to Paramus, Willowbrook, Roxbury, a lot of different shopping centers and noticed that every single one made sure that there was no access from the local streets because of that. They wanted to separate the residential zone from the commercial zone and the traffic that it would bring.
Bob Elms: The traffic on Goldmine Road would not have had an access into the ITC South had we not put a road in next to the new water tank. So there wouldn't of been any access from either on of those roads if Flanders-Netcong Road had stopped at Goldmine Road and Goldmine Road had been left open. Isn't that correct?

Mr. Scapicchio: There is access to ITC south from Goldmine Road. The part that is coming in from Route 206, but there wouldn't have been had we not allowed a road going from Goldmine road into the new ITC south. What happened was the state as part of their approval process of approving that road and that light required the light at Goldmine Road at 206 to be discontinued. This Council together with Roxbury petitioned the State to keep that light at Goldmine. The State refused to keep both of those lights. The state then required the developer, AIG/Baker to put in that interconnect road so that the truck traffic that utilizes Goldmine Road, would not have to make that left hand turn at Goldmine without a light. So they now have the ability to make the left hand turn through that mall. Make the right on to that four-lane highway, and then make a left hand turn at the light on 206.

Mr. Elms: And I understand that the State said that they wouldn't two lights that close together Goldmine and ITC South.

Mr. Scapicchio: This Council and Roxbury Township Council petitioned the State because we thought both of those lights were necessary.

Mr. Elms: Is it possible to get some of the correspondence from the State that said that?

Mr. Scapicchio: I guess we could some research, right Lisa?

Mr. Elms: I just looked at what they did with the lights down on Route 57 in Hackettsown and there is two of them a block a part, and another one three more blocks down the road.

Mr. Scapicchio: In fact if I could even recall, we even put some pressure on the Rockerfeller Group and Les Smith to keep that light. Him together with his professionals, also petitioned the State, and there was no way the State was going to allow both of those lights. I think as part of that process they then made the requirement of that little interconnect road.

Mr. Elms: Seeing what happens to Route 46 heading towards Route 80. When even now when they just cut it down to one lane. It would definitely be worth while to have another way of getting out of Budd Lake, other than Route 46, and using Goldmine Road in those cases where the traffic is that bad. Also, there is a real problem with Connelly Ave. coming out onto 46. A lot of that traffic could go the other way to a light at Goldmine Road. You wouldn't have needed that interconnect road which can be used by traffic in ITC south to go to Goldmine Road.

Mr. Guenther: Although no through. They could only go back out to 206 because it is dead ended at the other end. They can't go out to 46.

Mr. Elms: I realize that, but they can go from ITC South over to Goldmine Road and then out to 206.

Mr. Scapicchio: No. It is a one way. That interconnecter road between Goldmine Road and the new Iinternational Drive South is a one way from Goldmine to International Drive South traveling North.

Mr. Elms: It is intended to be that way , Okay.

Mr. Scapicchio: It was intended to be set up that way.

Mr. Elms: It hasn't been set up that way yet?

Mr. Scapicchio: That's the way it is on the books, I don't know what kind of signage they have there now, but I could tell you that road on the site plan approvals it is to be a one way.

Mr. Guenther: If I am not mistaken, also I think Goldmine Road eventually when that comes up in return for taking a lane away from there, I think the exit on to 206 will be narrow. Either coming in or going out or they could only take a right hand turn. I don't think you could take a left hand turn on to Goldmine from Route 206. That would have been a very dangerous situation.

Mr. Scapicchio: That's right. In fact now Bernie, I think you can jog my memory now that we are talking about it. It was Mount Olive Council, Roxbury Township, and the MUA who petitioned heavily the State to keep that light at Goldmine Road. So it was an effort.

President Rattner: That is because the state requires the garbage and the haulers to come from route 80. Only Chester and Long Valley can come from the other direction.

Mr. Elms: The consensus of all of this is the State said that they would not put a light at Goldmine Road, and the new ITC South.

Mr. Guenther: That is correct

Mr. Elms: I would like to see that correspondence if I may. Thank you.

Bob Thomas, Budd Lake, NJ: As long as we are talking about traffic intersections, I want to ask what the situation is with the intersection I believe it is called Flanders-Bartley Road, which is right at the Toys R us intersection. When the people for the Toys R Us. Application came before the Planning Board, they represented that they had agreed with the State to get that turn signal and that delayed turn into their property. But they also said which they have done. They also said they were going to re-stripe the four lane Road there to just three lanes so they could widen the outgoing portion of that road as you head to 206 so the trucks wouldn't have to swing into the Northbound lane to make a Southbound turn, and it appears that they have put the light in and just walked away without any restriping and I wondered if somebody could look into that. The trucks because of the narrowness of the lanes are still forced to make that wide swing and, in fact, I have seen a couple of them still doing it by using the left lane of the two lanes going outward and thereby possibly even running somebody in the right lane, right off the road.

Mr. Guenther: In fact that is one of the items I need to follow up on because of all the turmoil of the elections in Trenton. The original meeting we had with the state DOT about that, and you are absolutely right Bob. They did promise to restripe that and that has not been done and that is something that I will try to follow up on with Assemblyman Gregg.

Mr. Thomas: Thanks.

Richard Bonte, Budd Lake, NJ: This is in regard to the letter that Mr. Guenther gave me a copy of regarding Firetower LLC. Lisa, this letter came to your office? Would you recall what distribution was made by your office of this letter besides the Council?

Lisa Lashway: Mayor, Council, Engineer and Planner would be my normal. You should be able to see up in the corner on the top page what the distribution is.

Mr. Bonte: It says Council, Admin. How did this letter come to you?

Mrs. Lashway: Council & Administration. They always come to me.

Mr. Bonte: What I find interesting is, it is a letter to Chester Ploussas Partnership, and the copy is to Mount Olive Township Wastewater Management Planning Agency. If you recall, or if this Council recalls back in March of this year, I specifically asked, who and what the is Wastewater Management Planning Agency was? I never got a satisfactory answer. I am curious, who or what is our Wastewater Management Planning Agency.

Mrs. Lashway: The closest would be your DPW director I would think.

Mr. Sohl: There is no entity by that name.

Mr. Bonte: By law, the State requires that there be such an entity.

Mr. Dorsey: I suppose the Governing Body would fall into that category because it is the Governing Body that has to adopt the Wastewater Management Plan. We have done it several times and we have commissioned them to be revised.

Mr. Bonte: One of the things that was discussed, if you remember there was a lot of letters written in late February, or early March 2001 regarding this particular development and the fact that the DEP rules had
changed. And that it was a requirement of the community to prepare a revised Wastewater Management Plan to fit the new regulations. Nobody at that time knew who the appropriate agency was to do that. There was some discussion of hiring a contractor to prepare a revised Wastewater Management Quality Plan for the Township. I am just curious here because we had brought this up to the attention of the Council and the Planning Board, this specific issue. Basically the developer is not in compliance with the plan, but nobody has ever created that Plan.

President Rattner: I don't think that is true. Mr. Dorsey, correct me if I am wrong. Since I have been on the Council we have done a Wastewater Management Plan. The contract went through Schoor DePalma then we revised it.

Mr. Dorsey: I know what he is referring too. I am sure one night we had Gene Buczynski in here. We even had Mr. Wilpert here. We had Mr. Buczynski here one night to specifically discuss what changes; if any changes, should be made to our Wasterwater Management Plan because of the change in the State regulations. At that time as I recall it, he said he had made a series of inquiries and could not advise us as to what changes should be made because the State had not determined what changes then had to be made because of the change in the administrative regulations. Do you recall that?

President Rattner: Yes, because the State set the time with the changes but didn't write the regs.

Mr. Dorsey: You're right. That is the discussion Mr. Bonte is referring to, thus far nobody I take it has never advised the Council that those regs have indeed been put in place.

Mr. Bonte: The State DEP says that every Municipality is supposed to have a Wastewater Management Planning Agency.

President Rattner: Agency?

Mr. Bonte: Agency. That is the word they use.

Mr. Dorsey: That is the word they use. The Governing body adopts the Wastewater Management Plan or authorizes the Wasterwater Management Plan because we have done it several times. It ultimately has to be approved by the DEP because that is always what motivates us to adopt it and authorize submission. So I suppose in a way the Township Council is indeed a Waste Water Management Planning Agency. Lets try to reason backwards from this letter. .

Mr. Bonte: Well that agency is supposed to be comprised of. Let me take that back. Steve, your on the HMUA?

President Rattner: No, I am on the MSA.

Mr. Bonte: They have prepared a Plan like this for their responsible area. Is that correct?

President Rattner: Their Plan, what their responsibility is, is to ensure that their plan encompasses the Towns that feed into it. In other words, their Plan is a compilation of the five plans of the Towns that were in the Basin.

Mr. Bonte: Should we not have a responsible Government Official within this Township for assuring that our plan meets all State regulations and is revised when necessary?

President Rattner: That is why we hired a PE to run our Public Works Department, he is supposed to oversee that. Now I am not sure. I know that for a while in March when those new regulations came down, the actual regulations we were trying to file, they were still putting together, I am not sure what the timing is. I think one of the issues came up. I know a question did come up, well, if we don't revise it, and we are not conformists, how can the developer move ahead because they don't have anything to move on. Then it becomes the horse and the cart and who would pay for it because it is an expensive process.

Mr. Bonte: The onus falls upon the Township I believe.

President Rattner: But the State had to put the regulations. You know when that came out, the State said these are the changes, and there is going to be a certain time when they are going to come up with a time with the Regs to have a Public Hearing and that type of thing.

Mr. Wilpert: I don't believe Morris County is their own Administrator for 208 Water Quality Management. I think it refers to the state and the absence of planning if that is what you are referring to.

Mr. Bonte What I am referring to is that the state requires every entity to have Wastewater Quality Management Agency.

Mr. Wilpert: Waster Management Plans of each Municipality comprise of the County's Water Quality Management Plan. So any plans would have to be reviewed by them in the absence of a Planning Council right here in Mount Olive. No.

Mr. Bonte: No. These State Regulations require that each Municipality have a Wastewater Quality Management Planning Agency. You can't not have it.

President Rattner: I don't think we could resolve it here. Mr. Wilpert, could you bring back to the Administration. I guess it would be the Public Works Director to review what the requirements are. What we have to do if anything now, and how we have to monitor it in the future.

Mr. Bonte: I think what would be appropriate Steve would be that an individual and maybe it is this person you're referring to be designated as a responsible official in charge for the Wastewater Quality Management Plan. And that he answer to this Council and to the DEP specifically on these issues. If we have to hire somebody to do that work for him, at least we have a responsible government official whose job it is to keep up with the regulations and make sure the changes are made in a timely manner. And we have one person that we could go after to make sure this was being done.

President Rattner: That is if we need it that way. I know Sussex County because we have had a deal with them on the MSA. There is one Agency for all of Sussex County. They were set up and that is the pack 208. That is the planning agency. No town in Sussex County has an individual one. It is a regional thing.

Mr. Sohl: There is obviously a lot of uncertainty, and I think you were directing it down at the Administration. Research what needs to be done if anything. Through the Administration, Mr. Dorsey. We'll get some kind of recommendation about this.

President Rattner: We are not saying we have anybody in house that could do it, or cannot. It is just that they have to tell us, what needs to be done. We have a PE who is in Town. We have our consulting engineers. In-between them they should be able to come up with exactly what's needed and how we move forward to get into compliance.

Mr. Bonte: I would say this is a very important issue. Not only on this project, but on other developmental matters in this Township.

President Rattner: Thank you very much. Anybody else like to address the Council?


Mr. Heymann: The only comment I have is to give you a quick update. As you know, sod was placed at Flanders Crossing, and we had to have some improvisation to get the water done there. We had DPW, and the Fire Department there because we had a little snafu in the closing of the lines. That should be okay. We have a fairly significant Turkey Brook meeting here at 11:00 am of Friday November 30, 2001. I will be there for that. So, that's it.

President Rattner: Does their sprinkler system work, because it has been so dry?

Mr. Heymann: They winterized it.

President Rattner: Already?

Mr. Heymann: That was my thoughts. They weren't supposed to. We had a little problem with that.

President Rattner: Because if we don't get some rain, it is all going to die.

Mr. Heymann: That's why we have been watering it. We have actually had all through this wee, even tomorrow; I think they are taking care of it. The have somebody from DPW going down there and taking care of that. The Fire Department did some stuff too.

Mr. Guenther: I just want to follow up. I guess I really want Mr. Wilpert to take this back to the Administration to. I brought her at the last meeting regarding the light at Connely Ave. and 46. They sounded fairly pessimistic as the states resolution to that. We were supposed to of received a letter from them as to their final termination whether they would allow that and if we do get that I want to take some other action with our state legislators to do something. I think Mr. Alps pointed out. They do make exceptions at times, and I think this is a place that needs exception and I am just reiterating that point and I will bring it up at every meeting until I get an awnser.

Mr. Sohl: I would just like to comment myself, and several others delved into the School Board Meeting recently relative to the flags at the Old Budd Lake School which is the Administration Building. I am happy to say that the School Board and I guess the Administration responded very quickly. It is very nice to see the flag flying there permanently now with a light on it. You give credit where the credit is due. The School Board deserves a kudos for following up. Relatively minor items I am sure, but important to some of us never the less.

Mrs. Miller: Just like to wish everybody a happy safe Thanksgiving. It is one of our busiest holiday traffic concerns.

Mr. Scapicchio: No comments

President Rattner: Again, to wish everyone a Happy Thanksgiving. According to all the reports, more people are going to be on the roads, so be more careful.

Motion made for adjournment. All in Favor, None Opposed. The Meeting was adjourned at 8:40pm.

Steven W. Rattner
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 December 18, 2001.

Mount Olive Township Clerk



Mailing Address:
Mount Olive Township
Post Office Box 450
Budd Lake, NJ 07828

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Budd Lake, N.J. 07828

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