Mount Olive Township Council Minutes
September 26, 2000

September 26, 2000 council minutes

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

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: Present: Mr. Heymann, Mr. Guenther, Mr. Scapicchio, Mrs. Kelly, Mr. Spino, Mr. Rattner

Absent: Mr. Sohl

Vice President Rattner: Mr. Sohl has been excused, he has some personal affairs to take care of tonight. I would also like to acknowledge the attendance of the Mayor, Paul Licitra; the Business Administrator, Sandy Kaplan; the Township Attorney, Bob Fisher; Deputy Township Clerk, Mary Eckel; and Director of Public Works, Bob Casey.

ADMINISTRATIVE REPORTS: None

LEGAL REPORTS

Mr. Fisher: Just the ITC/AIG Baker Closing is scheduled for this Thursday afternoon, 1:00pm.

APPROVAL OF MINUTES OF PREVIOUS MEETINGS

S May 23, 2000 (Present: Mr. Heymann, Mr. Guenther, Mr. Scapicchio, Mrs. Kelly, Mr. Spino, Mr. Rattner, President Sohl; Absent: None

S September 12, 2000 CS (Present: Mr. Sohl, Mrs. Kelly, Mr. Spino, Mr. Rattner, Mr. Guenther(9:16 p.m.), Mr. Scapicchio, Mr. Heymann; Absent: None)

S September 12, 2000 (Present: Mr. Heymann, Mr. Guenther (8:50), Mr. Scapicchio, Mrs. Kelly, Mr. Spino, Mr. Rattner, President Sohl (8:40); Absent: None)

Mrs. Kelly Moved for approval of the Minutes and Mr. Scapicchio seconded the Motion.

ROLL CALL: Passed by the majority, Exception: Mr. Guenther ABSTAINED on September 12

CORRESPONDENCE

Letters From Residents

1. Letter received September 12, 2000 from McConnell & Norton RE: Proposed Howard Johnson Motel, Applicant, Hamid Hashemi.

2. Letter received September 15, 2000 from St. Jude Church RE: Sewer Connections.

3. Letter received September 21, 2000 from Coldwell Banker, RE: Auction Division of Coldwell Banker, Residential Real Estate.

School Correspondence

Resolutions, Ordinances, Correspondence from other Towns

4. Resolution received September 15, 2000 from Parsippany-Troy Hills, Supporting the Creation of a Conservation Action Fund as Described in Senate Bill No. 5.

5. Notice received September 18, 2000 from Allamuchy Township Planning Board RE: Public Hearing on an amendment to the “Housing Compliance Program”

6. Ordinance received September 21, 2000 from Washington Township To Amend Chapter 111, Land Use Procedures, Chapter 159 Site Plan Review, and Chapter 175, Subdivision of Land, of the Code of the Township of Washington to Provide Regulations for Stream Corridor Buffers.

League of Municipalities

DOT/DEP/Permits/LOIs

7. Notification of Environmental Review received September 11, 2000 from Chester Partnership RE: AIG Baker is applying to the NJDEP, for a Stream Encroachment Permit.

8. LOI received September 11, 2000 from Environmental Resolutions Inc. RE: Children’s World Learning Center, Block 8400 Lot 2, Naughright Road.

9. Letter received September 11, 2000 from Fiordano, Halleran & Ciesla RE: Petition Issuance of Municipal Consent To Oakwood Village Sewerage Associates to Proved Sewerage Service in a Limited Portion of Mt. Olive Township.

10. Letter received September 21, 2000 from Chester Partnership RE: Sewer Extension Application ITC South.

11. Letter received September 13, 2000 from NJDOT RE: Awarding a contract for the improvement of Bartley-Drakestown Road.

12. Letter received September 18, 2000 from Killam Associates RE: New Jersey-American Water Company, International Trade Center Well BR-5 and Water Main Extension Transition Area Waiver - Special Activity GP#2.

13. Letter received September 18, 2000 from NJ Division of Water Quality RE: Compliance Evaluation, MSA.

14. Letter received September 20, 2000 from DOT, RE: Approval of Ordinance #26-2000, Street Vacation Old Budd Lake Road, Netcong-Flanders Road; Gold Mine Road.

15. Letter received September 21, 2000 from NJ DOT RE: Wolf/Flanders-Drakestown Roads Sidewalk Improvements.

16. Letter received September 21, 2000 from NJ DOT RE: Approval, Resolution #34, Temporary Street Closing, North Road, Hillside Avenue. (St. Elizabeth Ann Seton Carnival)

Correspondence from Organizations/Committees/Boards

17. Letter received September 13, 2000 from the Mt. Olive Lions Club RE: Permission to close down Bartley Chester Road from Rt. 206 to the intersection of Bartley-Long Valley Road, October 8, 2000 from 8:00am to 8:00pm.

18. Letter received September 15, 2000 from NJ DEP Green Acres, invitation to all interested municipalities and counties to apply for Green Acres Funds.

19. Invitation received September 18, 2000, Breakfast Reception: “Housing: More than Bricks and Mortar” in celebration of Affordable Housing Month” October 6, 2000.

20. Resolution received September 18, 2000 from the Morris County Board of Chosen Freeholders endorsing Mt. Olive Ord. #31-2000.

21. Letter received September 18, 2000 from NJ Institute of Municipal Attorneys seeking nominations for “The Fred G. Stickel Memorial Award.”

22. Resolution received September 21, 2000 from the Morris County Board of Chosen Freeholders RE: Concurrence with Mt. Olive to introduce an Ordinance which would vacate a portion of Flanders Netcong Road, Township of Mt. Olive.

23. Resolution received September 21, 2000 from the MSA RE: Resolution of Intention of the Borough of Stanhope to Sell 100,000 Gallons Per Day Sewage Allocation to the Borough of Hopatcong.

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

Land Use/Development Matters

COAH

24. August Newsletter received September 1, 2000.

Correspondence from Cable Networks/Utilities

25. Notice received September 11, 2000 from Elizabethtown Gas Company, Notice of Public Hearings.

26. Notice received September 11, 2000 from GPU Energy RE: Consumer Education Program.

Correspondence from Legislative Representatives

27. Fax received September 13, 2000 from Senator Robert E. Littell, RE: Storm Damaged Dams.

28. Notice received September 14, 2000 from Assemblyman Guy Gregg, 4th Annual “Toys For Tots” Cocktail Party to be held on November 29, 2000.

Notices

League of Municipalities

29. Notice received September 14, 2000 from New Jersey State League of Municipalities RE: Annual Business Meeting, November 17, 2000.

Vice President Rattner stated we had received 29 items of correspondence and asked if there were any comments on same.

Vice President Rattner: On #15, regarding the Grant for the sidewalks, since it came in at 58, and the State said they would cover up to 76, does that mean that we can expand or do a little bit more than we originally expected? In other words put more linear feet in?

Mr. Kaplan: That’s what we’re doing.

Vice President Rattner: Oh, okay.

ORDINANCES FOR PUBLIC HEARING

Ord. #32-2000 An Ordinance of the Township of Mount Olive Making the Provisions of Subtitle One of Title 39 Various Traffic Regulations Applicable to the Sutton Plaza Shopping Center and Regulating the Use of Said Roadways, Streets, Driveways, and Parking Lots by Motor Vehicles.

Vice President Rattner opened the Public Hearing on Ord. #32-2000

Mr. Bonte: Page 2, Paragraph A, the speed limit–is that a typo–15mph?

Mr. Heymann: You want it faster?

Mr. Scapicchio; That’s no typo, Rich, that’s all within the parking area.

Mr. Bonte: In Title 39, the State Code doesn’t allow a speed limit less than 25 mph, is that correct?

Mr. Fisher: On a Public roadway. This is a shopping center parking lot.

Mr. Bonte: Can you enforce and charge a fine for a speed limit lower than 25 mph?

Mr. Fisher: Yes. That’s the whole provision of the Statute. If the Township doesn’t adopt this Ordinance than the Police have no jurisdiction in a private parking lot.

Mr. Bonte: I didn’t think in the State of New Jersey you could enforce a speed limit less than 25 mph.

Mr. Fisher: On something other than a Public roadway, you can. In fact, you can enforce it for lower if it’s posted. The Statutory provisions for speed limits are with regard to residential areas where it’s not otherwise posted the 25 mph.

Vice President Rattner: Anyone else?

Mr. Elms: Who’s going to put up the signs and who’s paying for it?

Mr. Heymann: It’s our Ordinance, I guess we’ll put them up and pay for them.

Mr. Spino: I’m not sure–the applicant..

Mr. Elms: How do you propose to enforce the 15 mph speed limit?

Vice President Rattner: Just to answer your first question, the Ordinance says that all signs posted, and other necessary materials will be installed and paid for by the applicant.

Mr. Fisher: That’s usually part of the Site Plan Approval process. And as far as who’s going to enforce the Ordinance–as with every other Ordinance, enforcement is up to the enforcement authority.

Mr. Elms: Well, the radar system they use is not capable of measuring anything below 20 mph.

Vice President Rattner: Is there anyone else who would like to address this Ordinance?

Vice President Rattner closed the Public Hearing on Ord. #32-2000

Mr. Guenther moved for Adoption and Final Passage on Ord. #32-2000 and Mr. Heymann seconded the motion.

ROLL CALL: Passed Unanimously

Vice President Rattner declared Ord. #32-2000 as Passed on Second Reading.

Ord. #33-2000 An Ordinance of the Township Council of the Township of Mount Olive Amending and Supplementing Section 4-55 Entitled “Recreation Advisory Committee” of the Mount Olive Code. (Adding two more members)

Vice President Rattner opened the Public Hearing on Ord. #33-2000

Vice President Rattner closed the Public Hearing on Ord. #33-2000

Mr. Scapicchio moved for Adoption and Final Passage on Ord. # 33-2000and Mr. Heymann seconded the motion.

Mr. Guenther: How many members does this make?

Mayor Licitra: Eleven. We had a resignation from a young person and the Code states you have to have two people under 21 on the Committee. That’s the reason why we’re extending it. To replace one, and to put two young people on it.

ROLL CALL: Passed Unanimously

Vice President Rattner declared Ord. #33-2000 as Passed on Second Reading.

Ord. #34-2000 Bond Ordinance Providing for Acquisition of Land for Open Space Preservation in and by the Township of Mount Olive, in the County of Morris, New Jersey, Appropriating $750,000 Therefor and Authorizing the Issuance of $750,000 Bonds or Notes of the Township to Finance Part of the Cost Thereof. (Smith Farm Park)

Vice President Rattner opened the Public Hearing on Ord. #34-2000

Mr. Roedel: I guess it’s safe to assume the Local Finance Board has consented to the no down payment part of that?

Mr. Kaplan: Yes, we did. The CFO informed me that we did get approval for that.

Mr. Roedel: I see it was discussed in Executive Session. Can you tell me what the purchase price of this is?

Mr. Fisher: That hasn’t been established yet. The reason it was in Executive Session is because it involves, certainly potential contract negotiations which are sensitive and should be kept confidential until they’re concluded.

Mr. Roedel: Do we anticipate any Grant money being received for purchasing this?

Vice President Rattner: The final contribution of the Town will be determined on the final cost. We’ve gotten a Grant, which is set in stone if we close on the property, from the County, then the Green Acres Program will give us half of the total cost up to a certain amount in a Grant, so we don’t have to pay it back. So a lot of it is going to be determined on exactly what the final cost is. But we’re hoping to pay for the majority of it in Grants, not Loans.

Vice President Rattner: Is there anyone else?

Mr. Elms: If we still have legal issues on this property, why are we passing this Ordinance?

Mr. Fisher: So that the funding is in place to move forward either with contract negotiations or instituting condemnation proceedings.

Mr. Elms: You mentioned before you had an Executive Session because of legal issues concerning this property.

Mr. Fisher: Correct.

Mr. Elms: Well, why are we going to set aside money if we still have legal issues?

Mr. Spino: You don’t know what the legal issues are.

Mr. Fisher: Well, you can’t enter into Good Faith Negotiations to acquire property if you don’t have the funding in place.

Vice President Rattner: Is there anyone else who would like to address this Ordinance?

Vice President Rattner closed the Public Hearing on Ord. #34-2000

Mrs. Kelly moved for Adoption and Final Passage on Ord. #34-2000 and Mr. Scapicchio seconded the motion.

ROLL CALL: Passed Unanimously

Vice President Rattner declared Ord. #34-2000 as Passed on Second Reading.

Ord. #35-2000 An Ordinance of the Township of Mount Olive Supplementing Chapter 245, Vehicles and Traffic, of the Revised General Ordinances of the Township. (Winter Parking Restrictions)

Vice President Rattner opened the Public Hearing on Ord. #35-2000

Mr. Steve Kish, Flanders: I support putting parking restrictions on our roads, I think this is a good law and I would like to see some enforcement of this law.

Mr. Bonte: I happen to like the intent of the law. The only question I have is, the “half inch” of snow. That’s really an extremely small amount of snow, and the plows don’t usually come out unless there’s three or four inches–

Mr. Kaplan: Two inches.

Mr. Bonte: Well, not on my street. But, a half inch, we probably get on the average about 35 to 40 days that have an inch of snow or more per winter. But, a half inch seems really a small amount. My other question is, I don’t know how diligently this is going to be enforced, what happens if it starts snowing at 4:00am, and the person gets up at 6:00am, and there’s an inch out there. What’s going to happen in those kinds of cases? Is it after 6:00am in the morning, if there’s more than a half inch, or what happens from 2:00am to 3:00am if we have one inch of snow and then it stops. Could somebody conceivably be issued a summons? That’s the only concern I have. Otherwise, I think this is a good way to move.

Mayor Licitra: For years and years we’ve heard, “Lets change this.” The enforcement is going to be the Police Department. I think people have to be cognizant of the fact, if there’s going to be snow, or a forecast of snow, you have to take your car off the street. It’s going to be trial and error.

Vice President Rattner: Is there anyone else who would like to address this Ordinance?

.

Vice President Rattner closed the Public Hearing on Ord. #35-2000

Mr. Spino moved for Adoption and Final Passage on Ord. #35-2000 and Mr. Heymann seconded the motion.

ROLL CALL: Passed Unanimously

Vice President Rattner declared Ord. #35-2000 as Passed on Second Reading.

ORDINANCES FOR FIRST READING

Ord. #37-2000 An Ordinance of the Township of Mount Olive Vacating A Portion of Flanders Netcong Road North of its Intersection With International Drive South.

Mr. Scapicchio moved that Ord. #37-2000 be introduced by title and passed on First Reading and that it be scheduled for Adoption after a Public Hearing on October 24, 2000 at 7:30 p.m. Mr. Heymann seconded the Motion.

Mayor Licitra: I’d like to send the Ordinance to the Transportation Coordinator of the School Administration. What we can do is try to give an estimated time of when these roads will be closed.

Mr. Scapicchio: Charlene brought to my attention before the meeting that the Transportation Supervisor is not sure whether or not the 90' radius the Engineer said was required for the buses to turn around is sufficient. I would ask the Administration if they could contact her and find out what her requirements are so that when the Trade Zone starts construction for these series of cul-de-sacs, they can, in fact, build the radius that is needed, and I would note that construction is probably going to begin before the end of October.

ROLL CALL: Passed Unanimously

Ord. #38-2000 Bond Ordinance Providing for the Outfitting of a New Rescue Truck in and by the Township of Mount Olive, in the County of Morris, New Jersey, Appropriating $65,000 Therefor and Authorizing the Issuance of $61,750 Bonds or Notes of the Township to Finance Part of the Cost Thereof.(Budd Lake Rescue Truck)

Mr. Heymann moved that Ord. #38-2000 be introduced by title and passed on First Reading and that it be scheduled for Adoption after a Public Hearing on October 24, 2000 at 7:30 p.m. Mr. Scapicchio seconded the Motion.

ROLL CALL: Passed Unanimously

Ord. #39-2000 Bond Ordinance Providing for the Purchase of Sanitation Trucks in and by the Township of Mount Olive, in the County of Morris, New Jersey, Appropriating $600,000 Therefor and Authorizing the Issuance of $520,000 Bonds or Notes of the Township to Finance Part of the Cost Thereof.

Mr. Guenther moved that Ord. #39-2000 be introduced by title and passed on First Reading and that it be scheduled for Adoption after a Public Hearing on October 24, 2000 at 7:30 p.m. Mr. Heymann seconded the Motion.

ROLL CALL: Passed by the majority, Exception: Mr. Spino voted NO

Ord. #40-2000 An Ordinance of the Township of Mount Olive to Rezone Certain Lands from C-1 to Professional Business (PB), to Amend the Township’s Zone Map and to Amend and Supplement Chapter 400 Entitled “Land Use” to Define Uses and Development Regulations of the Professional Business Zone. (Portion of Rt. 46 Westbound from Woodland Ave. to Cove Street)

Mr. Scapicchio moved that Ord. #40-2000 be introduced by title and passed on First Reading and that it be scheduled for Adoption after a Public Hearing on October 24, 2000 at 7:30 p.m. Mr. Spino seconded the Motion.

Mr. Scapicchio: I would just like to state for the Record that at the Hearing of the Master Plan Committee, the same residents that attended the Council Meeting that night to object to the Ordinance were there. They posed several questions, Mr. McGroarty answered all of those questions. He answered all of those questions to the satisfaction to I believe just about every one in that audience except for three individuals. The majority of the individuals that were opposed to the Ordinance when it was first introduced at our level now seem to have an understanding of what this Ordinance is attempting to do, and should do, and I think the people there as a majority believe this was in their best interest as property owners along that section of Route 46. Mr. Spino and the Mayor were both at that meeting. Is that accurate?

Mayor Licitra: Yes.

Mr. Spino: That’s accurate. I’m not saying we changed everyone’s mind, but at least they understand more formally what we plan to do with this and why it’s being done. Everyone had a chance to speak. The Master Plan Review Committee voted overwhelmingly to resubmit it. The Planning Board at our meeting Thursday night overwhelmingly approved it again, unanimously approved sending it back to the Council with their approval. So if we haven’t gotten a letter, we should be getting that letter shortly. I think it’s something–people have been asking us to do, to try to control Route 46, and it seems to me that it’s proper and we should do it.

Vice President Rattner: Mr. Spino, one of the reasons why it was sent back was we were asking to expand on some of the permitted uses. How did that come out at the meeting? Because this looks identical to the one before.

Mr. Spino: That did come up, and the only real request was for retail sales. And Mr. McGroarty pointed out that that’s very difficult to control, and he cited some examples of cases that he’s familiar with. So the Board overwhelmingly agreed, to not have retail sales in this section.

Vice President Rattner: Any other comments?

ROLL CALL: Passed by the majority, Exception: Mr. Heymann voted NO

CONSENT RESOLUTIONS AGENDA:

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

Vice President Rattner: I will ask that we take #4 off the Consent Resolutions. I would like to hear that on its merits.

Mrs. Kelly: I just have a question on #2–who is that? All we have is a Tax Lien number.

Vice President Rattner: Perhaps Mr. Casey could check on this–

Mr. Casey: The individual in question is vacant property. It is owned by the Estate. The situation as the Resolution indicates, there are two computers in Finance that didn’t talk to each other. They were assessed for two, but they were actually billed for usage on seven. They asked to go from two to seven–they asked for five additional units. They subsequently found out the property is wetlands and they can’t develop it anyway. So, they’re asking to rescind the five that they asked for, so they’re going from seven to two. Now, what made it confusing is, we had the Tax Title Lien, in order to rescind that lien, it requires a Council action. We own the Tax Title Lien.

Vice President Rattner: Can you just check–because I looked up the Records and it said it was owned by the Township–maybe because it’s got the Lien–

Mr. Casey: If you want, I’ll check my records–you can continue with the rest of your meeting and I’ll get that information for you–

Vice President Rattner: All right, we’ll take #2 off the Consent Agenda and act on that after Mr. Casey gets that information for us.

1. Resolution of the Township Council of the Township of Mount Olive Appointing Sanford Kaplan as Alternate Commissioner to the Morris County Municipal Joint Insurance Fund.

3. A Resolution Waiving the Requirements of Section 196-49 of the Code of Ordinances Requiring Mandatory Sewer Connections for Properties on Deerpath Drive, Flanders. (Dellwood Estates Sewer Connections)

5. Resolution of the Township Council of the Township of Mount Olive Establishing An Interlocal Shared Services Committee.

Mrs. Kelly moved for approval of Consent Resolutions #1, #3, and #5, and Mr. Heymann seconded the motion.

ROLL CALL: Passed unanimously

PUBLIC PORTION ON CONSENT RESOLUTIONS

4. A Resolution Award A Contract For The Completion Of Portions Of Flanders Park.

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

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

Mr. Bonte: Did something change from two weeks ago?

Mr. Heymann: Yes.

Mr. Bonte: What changed?

Mr. Heymann: Well the Statute–there was a recent change to the Statute that we would have little to no success defending this Bid if we reject it. We would lose the case pretty much without any question in Court because we’ve never taken Rochelle Contracting to Arbitration in Court when they did the other jobs in Town. And on top of that, we had somebody check references, and the references from most of the Municipalities that used them were very good and conversation with Rochelle–I’m not sure I agree wholeheartedly, I think he basically complained about the past Administration and poorly written plans–I don’t think that’s a good enough excuse, but he was the low Bid, and we don’t really have any other choice. To go to Court we would lose, there wouldn’t be any qustion about it, and it didn’t seem to be worth the effort. That was after we researched it and after people reached out to the Rochelle people to find out if he was willing to walk away from this project. He said, “Absolutely not. Under no circumstances would I walk away. I would contest it in Court.” I supported it in the first place because I wanted to see the project done and I want this Administration, along with Mr. Casey to run over that and make sure it’s done right. But now I think it’s more obvious that we have to accept it.

Mr. Bonte: It’s not worth the effort?

Mr. Heymann: No, absolutely not. To go to Court? To lose a matter which even John Dorsey has indicated to us that we would lose without any question? To delay the project even longer for the obvious outcome that he will be awarded the Bid. To me, seems to be a foolish move. You pick your battles and win the ones you can, and you’re not going to set any precedence by doing this. Rich, the Statute changed and it’s no question–it would happen so quickly it wouldn’t be worth it.

Mr. Bonte: I’m assuming that people’s opinions may not have changed from two weeks ago other than what you just alluded to. So, we feel like we’re forced to award a contract to somebody that we’re pretty sure is not going to be able to perform to the standards that we desire.

Mr. Heymann: I don’t agree with that. I hope that we now have in place here, with the new government that we will be able to ensure that everything is done. That was a project from the getgo. It just didn’t get off the ground the right way, and I just think it’s time that we complete it. His set of References are good. The fact of the matter is, even if we attempt to fight this and give it to the next Bidder that was $60,000 higher, we don’t know if they’d do the job right. So, that’s the Bid process.

Mr. Bonte: Did we get a timetable as to what phases would be completed, and what dates?

Mr. Heymann: I think Mr. Casey spoke about this last time–it will be done–what were those dates?

Mr. Casey: It is in the Resolution.

Mr. Bonte: So the whole contract is spelled out timeframe-wise. What are the penalties?

Mr. Casey: $150 a day.

Mr. Bonte: Can we increase that?

Mr. Heymann: No.

Mr. Bonte: State Law?

Mr. Heymann: Well, it was already in the project, in the initial specifications and he bid on those specifications based upon that language.

Mr. Bonte: Can we increase that the next time we go out?

Mr. Heymann: We might be able to, but might I say something There’s a misnomer that these Public Bid people make a great deal of money on these projects. I have to beg to differ. They don’t. And any penalty eats up their profits. It’s a very tiny portion of profit. I do Bid work with these contractors, and it’s just do that Bid work and keep those guys working and working until they can get into the private industry and do the real jobs. If you talk to any contractor who does the Bid work they’ll tell you, they’re never disappointed when they don’t get the Bid they just get to keep Bidding. If they get 5% of all the Bids out there, they just keep going.

Mr. Bonte: I think you’re probably right, Ron. And I think that’s part of the problem with the whole process.As soon as these guys get busy, they don’t’ show up.

Mr. Heymann: Until you change the Bid Laws, we’re stuck.

Vice President Rattner: Okay, can we stop the private conversation, and move along.

Mr. Bonte: I didn’t think we were having a private conversation.

Vice President Rattner: It just seemed like you were going back and forth now about the philosophy of the Public Bidding Laws.

Mr. Heymann: For the guy who takes up most of the meetings talking about nonsense half the time, this is shocking. When I say something, I have to be whistled down. I mean, I let you go on about stupid stuff from the time we get here until when I have to leave.

Vice President Rattner: Let’s just finish up on the Resolution itself–

Mr. Heymann: Maybe “stupid” is the wrong word, but it’s close.

Mr. Bonte: All right, I’ll talk to you on this.

Mr. Heymann: All right, we’re done, Rich, we can have a private conversation, on another project.

Mr. Bonte: Just remember something my father told me a long time ago. There’s never time to do it right, and always time to do it over. I will be amazed if this comes in on time.

Vice President Rattner: Any other comments?

ROLL CALL: Passed by the Majority:

Mr. Heymann, Mr. Guenther, Mr. Scapicchio, Mrs. Kelly voted YES

Mr. Spino, Mr. Rattner voted NO

Vice President Rattner: We’ll see a schedule in ten days or thereabouts.

MOTIONS

1. Bill List. ATTACHED

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

ROLL CALL: Passed unanimously

2. Approval of Raffle Application #957 for PTA Flanders; Approval of Raffle Application #958 and #959 for St. Elizabeth Ann Seton; Approval of Raffle Application #960 and Raffle Application #961 for the Mt. Olive Lions Club.

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

ROLL CALL: Passed unanimously

COUNCIL REPORTS

Library Board Liaison Report

Mayor Licitra: I got a note from Jane Israel today, she has one vacancy that has to be filled on the Board–she’s asking if it’s legal–and I would ask the Attorney to research it–she needs voting members, so she wanted to see if we could put Mr. Sohl on as a permanent member, even though he’s Council Liaison until the end of the year until she makes a recommendation. So, if you would be so kind, since it is a Mayor’s Appointment, if you would be so kind to research it to see if we could put a Council person on as not only a Council Liaison, but a Member of the Board–at the same time making Mr. Sohl a voting member until the end of the year.

Mr. Fisher: We’ll take a look, Mayor.

Mayor Licitra: Thank you.

Recreation Report

Mr. Heymann: The Recreation Committee thanks everybody except for you, Mr. Rattner and Mr. Spino, for the action taken.

Board of Health Report NONE

Planning Board Report

Mr. Spino: The first part of my report was already given–and that was on the Rezoning. There were three developments approved. One, Lakeview Terrace, Lakeview Estates, they are off of Route 46. And they are going to work together to rebuild part of our water system–put up a tank to give us more water storage capacity. The other was a development that was approved a long time ago and then had some difficulty with DEP. In my opinion the DEP dropped the ball on this one in allowing the developer to do what they did. But we did reduce it. This was Golden Hills now owned by Toll Brothers and it’s between Flanders Road and the other end of Madison Avenue by St. Judes Church

.

Pride Committee Report

Mr. Guenther: We had a meeting this last week, the first meeting of the new winter season. It was lengthy. We met with the Beautification Subcommittee that the Mayor had formed. We’re going to work together with them. We also had extensive proposals of beautification projects we want to do around Town. We’re going to digest and come up with a more reasonable list. We had some new members with a lot of enthusiasm. I’ll be setting up a meeting with Ray Perkins, and Bob Casey to try and put a more impetus behind the Adopt-A-Spot Program.

Vice President Rattner: All right. We’ll go back to Resolution #2. Mr. Casey, do you have more information on that property?

Mr. Casey: The property location is 21 Stonehouse. There are two EDU’s assigned. One for the house and one for a Lot beside it. What happened, they asked for an additional five. Then they rescinded the five. But in the process of asking, we put it on the computer, and the rescision didn’t come through to the Finance Office, so they kept on being billed for seven. Then what you see here–we went to Tax Lien because they didn’t pay it. So, what you have here is the Tax Collector saying we can go back to what was originally assessed, but it takes a Council action because there was a Tax Lien sold on it. They have paid us, by the way, everything that’s owed to us. However, I have been told that the vacant property has been declared totally wetlands, so we may be inheriting that in the future.

Vice President Rattner: Thank you, Mr. Casey.

2. Resolution of the Township Council of the Township of Mount Olive to Reduce Sewer Usage Fees as Well as Tax Title Lien #99-012. (Reduction in EDU’s)

Mrs. Kelly moved for approval of the Resolution and Mr. Spino seconded the motion.

ROLL CALL: Passed unanimously

PUBLIC PORTION

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

Mr. Reza Hashimi: In regards to Ord. #40-2000. The Ordinance refers to the Re-examination Report 1995, which authored by Mr. Lynch and Mr. McGroarty. We heard from Mr. McGroarty, can we have an opportunity to hear Mr. Lynch, who is also the other Planner with regard to this re-examination report. The reason I’m asking this is, the Ordinance itself, such as to change the Zoning from Commercial C-1 to Professional Building, with the re-examination report, the recommendation was to change that to C-R3, Commercial, Residential neighborhood. Can we have an opportunity to hear Mr. Lynch?

Mr. Spino: I personally see no reason to get Mr. Lynch out of retirement. And I’m not sure if he lives in Pennsylvania or not. My opinion is, we went over this at the Master Plan Review Committee, these questions were answered sufficiently by Mr. McGroarty. I don’t know what Mr. Lynch could add to it. Plus it would cost money to bring him here.

Vice President Rattner: There is no support for that. Basically, we evaluate the recommendations of the professionals. We have to effect any changes in Zoning, but we’re not the ones who have done the research, and we’re not the ones who have actually put it in. We get the recommendation because the Master Plan is the responsibility of the Planning Board. We just implement the Zoning that goes along with it. Right, Bob?

Mr. Fisher: That’s correct. The Master Plan is the long range over view document which is the sole jurisdiction, responsibility of the Planning Board. The Governing Body of the Municipality then implements that by specific zoning ordinance, zoning map, and they’re not bound by the way, there is a separate statutory procedure where they can differ from the Master Plan. But, basically, zoning decisions are the sole purview of the governing body, they must, by statute seek recommendation of the Planning Board, but that, too, is not binding of the Council. The final decision is on the Council, and there will be a Public Hearing on this Ordinance and final vote. That’s the procedure.

Mr. Hashimi: My main point, in 1995, it was reviewed by two professionals, Mr. McGroarty and Mr. Lynch. This new Ordinance clearly contradicts that re-examination report.

Mr. Scapicchio: Mr. Hashimi is posing some questions that we can’t answer here, but I can represent that he asked these same questions, plus some additional ones that were answered completely and thoroughly by Mr. McGroarty at the Master Plan Committee Meeting Hearing where the Public was given as much time as they wanted to speak. So these questions that he’s asking of us tonight he asked of Mr. McGroarty, who certainly had the appropriate answers for him.

Mayor Licitra: There is a Public Meeting where these questions can be posed to the Council, and you’re going to have to make your decision if you want to pass this, if you want to send it back. Whatever Amendments you want to make at that point.

Mr. Scapicchio: I would just ask the Mayor to make sure that Mr. McGroarty is available that evening.

Vice President Rattner: Is there anyone else from the Public?

Mr. Scott Ireland: One quick comment. I notice that the Recycling Center is on the Agenda for your Agenda meeting which is after this meeting. I would just like you to take a notice that I’ve talked to a lot of people on this issue and a good large number of them were interested in coming to a meeting about this, and the timing of the meeting is very inconvenient. If we’re trying to dissuade public input at these meetings, this is a great time to have it, after this meeting.

Mr. Heymann: I want to respond to that. I saw you at the Back To School Night at the Middle School, and you were ranking that Petition around to get the thing done, by the way, I even advised you that it was on the Agenda for this evening.

Mr. Ireland: Absolutely, and I told people that.

Mr. Heymann: Well, you didn’t tell them over the microphone because I was sitting out in the crowd. But, how much quicker could we get it on?

Mr. Ireland: No, I’m not saying the fact that it was on the Agenda, but people at that meeting afterwards were coming up to me and saying, “When is it going to be on the Agenda?” I said, “Ron Heymann told me it’s going to be tonight.” But it’s going to be at 9:30pm when it’s going to be discussed. A lot of people can’t make it at that time. That being said, by now we’re all aware of the high priority that the parents in Mt. Olive have placed on the removal of the Recycling Dump from its present location. As eveidenced by these names–and there are over 500 of them here–with more being collected at tonight’s Back To School Night at Sandshore–and we haven’t even hit next week’s Middle School for the 7th and 8th Graders. The parents of Mt. Olive are speaking with a loud and clear voice. These parents are saying that enough is enough. For three years we have known that the Middle School is coming. Well, now it’s here, and we don’t want a dump site next to our children’s school. We all know it’s noisy, we all know it’s a safety hazard. We all know that it’s time that it be moved before the children get there. That’s all I need to say. And there is a petition out there and names are still being collected.

Vice President Rattner: Anyone else?

Mr. Bonte: This is a great document if you want to know how much money gets spent on coffee and pagers. But, I don’t know whether that’s the kind of information that the Council really needs to be getting. The document that we used to get for the approval of the Bills, at least it gave some indication as to what the large items were for, what projects, how much money was remaining on the projects, etc. We don’t get any of that detail any more. I don’t know whether you on the Council are getting that detail any more. What I would like to suggest–I mean, if this is a legal requirement, that’s fine. There needs to be some type of periodic systematic reporting on all projects and contracts, and I will just pull a number like $15,000 or higher, it shows whenever payment is being made against that particular contract, how much money was allocated originally for the contract, how much money has been spent to date, how much money has been, most importantly encumbered to date, what percentage of completion we’re at on the contract–and I don’t mean financial completion, I mean physical completion, compared to the financial percentatge and the amount of money that’s remaining. And by “remaining” I look at the money, after it’s been encumbered and paid, what’s remaining, not what’s actually been cut for checks. We’ve talked about this millions of times. It got us in a problem with the sewer project. Why are we doing this?

Vice President Rattner: Mr. Bonte, these are the payments that are high amounts which we have an Ordinance that says we have to approve anything that’s over $2500. They said it was easier putting this out. Those other reports are being worked on. We’ve all gotten some drafts that Sherry Jenkins, our CFO for four months now, is starting to put together, and she’s taking some comments. The last report I had was about 15 pages sliced and diced in different ways. So the management reports are coming in detail that we’ve never had before. I know any comments that I’ve had, she’s implemented immediately. But, it’s going to take a little bit of time making sure she comes up with a document that’s meaningful, something you can identify and is useful.

Mr. Bonte: Wouldn’t it be useful, on a project that’s–like Flanders Park, $25,000–on a night that you make a payment you would show the current status?

Vice President Rattner: I agree that could be useful and we’ll ask the Administration to look it over, and talk to the CFO.

Mr. Kaplan: You’re getting monthly reports–

Vice President Rattner: Yes, but put something with the Bill List the Public hasn’t seen it, we were getting it for a while, the status of our projects.

Mr. Bonte: I do have a question, though, on this Bill List. The Condo at the Mall at 206, what ever happened to the sale of that? I thought we had entered into a contractual sale and then I remember somebody showed up that night–

Mayor Licitra: We should have taken his check, Rich.

Mr. Bonte: We should have taken his $200,000 Certified Check. What has happened? And are we aggressively trying to sell it?

Mr. Heymann: I think we had to take it back.

Mr. Scapicchio: The Condo Association wouldn’t give him the water gallonage to utilize for his Laundromat.

Vice President Rattner: Sandy, do you know what we’re doing? Are we still heart-broken after losing the last sale?

Mayor Licitra: We’re waiting for Riad to come back up with his check. But, we do have it out again, it’s just matter of going through the process of going through the sale again. Now Riad doesn’t–we had him at that point with his $200,000 ready to put it on the line, but it hasn’t happened. We’re going through the process of getting people interested through real estate again.

Vice President Rattner: All right, anyone else?

Mr. Kish: Concerning the vacating of one of our properties that is necessary to satisfy the plans for the ITC’s regional shopping center. I see where there’s an estimate of the vehicles a day that will be going to these stores–my question is, where are these cars going to go? Route 206 is stopped dead for most of the day now, Route 46 is stopped dead. I think, in the first place this shopping center is not necessary, and according to New Jersey future, 78% of the people in the State of New Jersey say we have too many shopping centers now, and we should not build any more. Someone has told me that no one in this Town seems to have said that they were opposed to the shopping center. Well, you have one person now. It’s totally unnecessary. But, again, more importantly, what are we going to do with all this traffic? You cannot move in this Town on those roads.

Mr. Spino: All I can say is, Number One, you’re a little too late, since the Planning Board has already ruled on this development–

Mr. Kish: I had asked about that and someone said–a number of people have said, “Don’t bother because it’s pretty much a done deal.”

Mr. Spino: No, it was not a done deal. I hate when people use that term for something like this. It was not a done deal. I was not on the Planning Board at that time anyway, but I was on it, and have been on it since January when they came back in for an adjustment to their plan. Like every Developer, they had to have traffic experts. Every traffic expert, except one, that I know of in all my time on the Planning Board, on this Council, or on the Board of Adjustment, I only heard one say “Yes, we’re going to bring a lot of traffic to Mt. Olive.“ That development was never built, however. That’s the only time I ever heard a negative comment from a traffic expert. If there were more people at the Planning Board presentations, something might have been done.

Mr. Kish: Can we get some relief in terms of new lanes built on Route 206 or Route 46 by the developer? I know it’s too late, and I know, yes, you should go to Planning Board Meetings, but I go to work at 3:30 in the morning, it’s rough being out of bed at 8:00pm the time they start the meetings.

Mr. Spino: I understand. My comment was not directed at you. Generally, the Public takes very little concern on Planning Board items unless it’s in their own backyard. That’s historically what’s been true. And I’ve always said that the Planning Board is where most of what goes on in Town goes on. As far as–I can’t say whether the State will decide to put in new or additional lanes. I would assume if the traffic is that bad, they will have to eventually. They are building a new road to eliminate some traffic.

Mr. Kish: To get to that road, I understand you still have to use Route 46 or Route 206.

Mr. Spino: Absolutely. No doubt about it.

Mr. Kish: Can someone talk to the Developer to do something right now to try to plan for perhaps new lanes in that area, to try to alleviate some of the traffic?

Mr. Spino: The only thing I can remember that they’re doing is putting in some extra lanes out of the shopping center, but nothing on Route 206 or Route 46.

Mr. Kish: Another question. Having reached the age where I’m considered an “Active Adult” which means I’m very old. I’m wondering why Mt. Olive doesn’t do anything in planning for some of the land that’s being used for new homes be set aside for Active Adult Communities. More and more towns are doing so. I’d like to stay in this area. I’d like to stay in Mt. Olive. I’d like to move to a smaller home that’s cared for by an Association–which as you’re probably aware of is happening more and more. But, all we get are these big $500,000 - $600,000 homes with 200 rooms, and bring in kids at $8,000 a piece to educate. If we add more plans to work with the seniors in this Town, I think the Township could satisfy the demands by the developer to develop their property, at the same time make for some long range strategic plans to save money for the Township by not increasing demands on services such as schools and sewers and what-have-you. And I was wondering if it’s too late at this point who are already planning to develop and see if maybe a portion of their development could be turned into something of an active community with the smaller single family homes.

Mr. Guenther: As a Real Estate Agent, let me answer that–one of the problems in this area is because the high cost of land.

Mr. Kish: Than you charge more for the homes.

Mr. Guenther: Yes, but then it gets too costly for the Active Adults you’re talking about. That’s why you see those active adult-type communities in Warren County in the Middle of corn fields, or in South Jersey where real estate is a lot cheaper. Also, they can’t get large enough tracts of land in this area to build on. The large tracts have been pretty much spoken for.

Mr. Spino: Years ago, there were people that wanted to build adult communities in, but they needed–to make money–they had to amass large pieces of property, and those are very hard to come by, but I will discuss it with the Planner and have it on the agenda

COUNCIL COMMENTS

Vice President Rattner: All right, we will adjourn our Public Meeting and go directly to our Workshop Meeting.

Motion made for adjournment. All in Favor, None Opposed. The Meeting was adjourned at 9:30pm.

______________________

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 October 10, 2000.

________________________

LISA M. LASHWAY

Mount Olive Township Clerk