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Mt. Olive
Township Council Minutes
April 24, 2007
Regular Public Meeting of the Mount Olive Township Council
was called to Order at 8:32 pm by Council President Greenbaum
with the Pledge of Allegiance.
PLEDGE OF ALLEGIANCE & MOMENT OF REFLECTION for all
those who have and continue to protect our freedoms and
our way of life.
OPEN PUBLIC MEETINGS ACT ANNOUNCEMENT
According to the Open Public Meetings Act, adequate notice
of this meeting has been given to the Mount Olive Chronicle.
Notice has been posted at the Municipal Building, 204
Flanders-Drakestown Road, Mount Olive Township, New Jersey
and notices were sent to those requesting the same.
ROLL CALL Present: Mr. Tepper, Mr. Buell, Mr. Rattner,
Mrs. Labow, Mr. Tobey,
Mr. Greenbaum
Absent: Mr. Perkins
Also Present: David Scapicchio, Mayor; William Sohl,
Business Administrator;
John Dorsey, Township Attorney; Lisa Lashway, Township Clerk;
Gary Higgins, Township Auditor
Public Hearing on Municipal Budget
President Greenbaum: This evening we are going to be having
the public hearing on the Municipal Budget. The first resolution
is:
1. Resolution RE: Waiver of Reading in Full of the 2007
Budget.
President Greenbaum: At this point I would ask Mr. Buell,
to please move Resolution #1 - Waiver of Reading in Full
of the 2007 Budget.
Mr. Buell: Thank you. I move Resolution #1.
President Greenbaum: Is there a second?
Mrs. Labow: Second.
President Greenbaum: At this point I will open it up to
the public for anyone who wishes to be heard on Resolution
#1. Seeing no one, does anyone on Council have any comments
with respect to Resolution #1?
Mr. Rattner: Did we ever resolve the contribution to the
Budd Lake Fire Department? That was left open. We put the
money in on the introduced budget and we said that we would
have the resolution before we finally adopted it.
Mr. Tepper: That was the $21,000 correct?
Mr. Rattner: It was the remediation because that is what
we said…so we are leaving it in and we are going
to fund it?
Mayor Scapicchio: It’s there, we haven’t funded
it.
Mr. Rattner: No, if we vote on the budget we did fund
it.
Mayor Scapicchio: It’s available. It’s available
if we decide to fund it.
Mr. Rattner: Okay, then if we don’t it ends up in
surplus?
Mayor Scapicchio: That’s correct.
Mrs. Jenkins: I have advised my staff to make sure that
doesn’t get released until we have some authorization,
so they are aware.
Mr. Rattner: Well, right now there’s absolutely
no authorization that’s why I wanted to bring it
up.
Mrs. Jenkins: Yes, even though it is in there it won’t
get released.
Mrs. Labow: I have a question about that. When it does
get released, do we have to pass a resolution or is it
just going to go on the Bill List and it will be passed
that way?
President Greenbaum: Yes.
Mr. Rattner: Once we vote on it, we don’t have any
control over it again. That’s why I want to have
control.
Mrs. Labow: So should we possibly…can we extract
that part of the budget?
President Greenbaum: No. You know what? I am prepared
to leave that in the hands of the Administration at this
point. We are not talking about an incredible amount…I
mean we are not talking about hundreds of thousands of
dollars. Obviously, the Mayor is aware of the fact that
Council is concerned about that money. He has raised many
of the same concerns about that money and I think at this
point, we need to leave that in the hands of the Administration
and not make it a further issue at this point in time.
Mrs. Labow: Sounds like a plan.
President Greenbaum: Okay, any other comments on Resolution
#1 which is simply waiver of the reading of the full budget.
Seeing none. Roll Call please.
Mrs. Lashway: Did somebody move it?
President Greenbaum: Yes, it was moved by Mr. Buell and
seconded by Mrs. Labow.
ROLL CALL: Passed Unanimously
President Greenbaum: We are up to Resolution #2 entitled:
2. Resolution RE: Self Examination
President Greenbaum: Mr. Rattner, do you want to move
that please?
Mr. Rattner: I move Resolution #2 on the Self Examination.
President Greenbaum: Is there a second?
Mrs. Labow: Second.
President Greenbaum: Moved and seconded. Is there anyone
from the public who wishes to be heard? Seeing none. Any
Council comment? Roll Call please.
ROLL CALL: Passed Unanimously
President Greenbaum: We are up to Resolution #3 entitled:
3. Resolution to Adopt 2007 Municipal Budget
President Greenbaum: Mr. Tepper, do you want to move that
please?
Mr. Tepper: I move Resolution #3.
Mr. Buell: Second.
President Greenbaum: Anyone from the public who wishes
to be heard on the adoption of the 2007 Municipal Budget?
Seeing none. Any Council Comment? Roll Call please.
ROLL CALL: Passed Unanimously
President Greenbaum: We are up to Resolution #4 entitled:
4. Resolution to Adopt 2007 Solid Waste Collection District
Budget
President Greenbaum: Mrs. Labow, do you want to move that
please?
Mrs. Labow: I move Resolution #4 for adoption.
President Greenbaum: Is there a second?
Mr. Tobey: Second.
President Greenbaum: Seconded by Mr. Tobey. Any public
comment? Any Council comment? Roll Call please.
ROLL CALL: Passed Unanimously
Mayor’s Proclamations:
•
Honoring Child Abuse Prevention Month
•
Honoring Safe Kids Week
President Greenbaum: We are up to Mayor’s Proclamations.
Mayor? Proclamations honoring child abuse prevention month
and honoring safe kids week.
Mayor Scapicchio: Yes, thank you Mr. President.
Office of the Mayor
PROCLAMATION
Honoring Child Abuse Prevention Month
WHEREAS, all children deserve to be nurtured, protected
and free of physical or emotional harm; and
WHEREAS, child abuse and neglect is a significant social
problem that damages the lives of children physically,
mentally and emotionally and inflicts immeasurable harm
to our society as a whole; and
WHEREAS, Mount Olive Township is committed to building
a continuum of child abuse prevention and intervention
programs that are culturally competent, strength-based
and family-centered, with a strong emphasis on primary
child abuse prevention; and
WHEREAS, Mount Olive Township promotes and supports community-based
programs designed to prevent injury, abuse or neglect of
children, achieve positive outcomes for parenting behavior
and family functioning and relationships, and empower and
increase safety for domestic violence victims and their
children; and
WHEREAS, all sectors of the community, including law
enforcement, medical professionals, schools, courts, the
media and private and public agencies have joined forces
to promote public awareness and community involvement in
prevention during the month of April and throughout the
year.
NOW THEREFORE, be it proclaimed that I, David Scapicchio,
Mayor of Mount Olive Township do hereby proclaim, April
as Child Abuse Prevention Month in Mount Olive Township.
Mayor Scapicchio: We have another Proclamation, this is
honoring safe kids week.
Office of the Mayor
PROCLAMATION
Honoring Safe Kids Week
WHEREAS, unintentional injury is the number one killer
of children 14 and under; and
WHEREAS, each year, more than 5,000 children 14 and under
die from unintentional injuries; and
WHEREAS, emergency rooms experience nearly 2.4 million
visits from children 14 and under each
summer; and
WHEREAS, 90 percent of these injuries and deaths are
preventable; and
WHEREAS, 41 percent of these deaths occur during “trauma season” the
months of May, June, July and August; and
WHEREAS, the risks areas that show the greatest seasonal
surge in death and injuries between May and August compare
to the rest of the year are biking, drowning, pedestrian,
motor vehicle occupants and falls; and
WHEREAS, Safe Kids Worldwide and Safe Kids New Jersey,
led by the New Jersey State Safety Council promote childhood
injury prevention by uniting diverse groups into local
and state coalitions, developing innovative educational
tools and strategies, initiating public policy changes,
promoting new technology and raising awareness through
the media; and
WHEREAS, Safe Kids Worldwide, with the support of founding
sponsor Johnson & Johnson, launches Safe Kids Week
2007, “Make it a Safer Kids Summer” which focuses
on five of the deadliest warm-weather risk areas; and
WHEREAS, Safe Kids New Jersey has planned special childhood
injury prevention activities and community based events
for Safe Kids Week 2007 in an effort to educate families
about summer safety.
NOW THEREFORE, be it proclaimed that I, David Scapicchio,
Mayor of Mount Olive Township do hereby proclaim, April
28th through May 6th as Safe Kids Week 2007 in Mount Olive
Township.
President Greenbaum: Thank you very much. Any questions
on the Bill List? Did you want to leave?
Mr. Rattner: You have a question on the Bill List? I want
to hear his question.
President Greenbaum: Thank you very much, as always…
Mr. Rattner: Sherry is doing her job.
Mr. Higgins: Fred is going to take over for me now…
Mr. Dorsey: Well, he could easily.
Mrs. Labow: Thanks Gary.
Mr. Tepper: Okay, on that note.
APPROVAL OF MINUTES OF PREVIOUS MEETINGS
March 27, 2007, PM
Present: Mr. Buell, Mrs. Labow, Mr. Tepper, Mr. Perkins,
Mr. Tobey, Mr. Greenbaum
Absent: Mr. Rattner
April 3, 2007, WS
Present: Mr. Buell, Mr. Perkins, Mr. Rattner, Mrs. Labow,
Mr. Greenbaum, Mr. Tobey
Absent: Mr. Tepper
April 10, 2007, PM
Present: Mr. Buell, Mr. Rattner, Mrs. Labow, Mr. Tepper,
Mr. Perkins, Mr. Greenbaum
Absent: Mr. Tobey
President Greenbaum: Mr. Tepper, do you want to move the
Minutes?
Mr. Tepper: I move the Minutes of March 27th Public Meeting,
April 3rd Workshop and April 10th Public Meeting.
Mr. Buell: Second.
President Greenbaum: Moved and seconded. Any comments,
deletions, changes, modifications? Roll Call please.
Roll Call: Passed Unanimously with the exception, Mr.
Tepper abstained on April 3, 2007, Mr. Tobey abstained
on April 10, 2007, Mr. Rattner Abstained on March 27, 2007
CORRESPONDENCE
LETTERS FROM RESIDENTS / ORGANIZATIONS
1. Letter received April 9, 2007, from Adam Soong regarding
traffic on Manor House Road.
2. Information received April 10, 2007, from the Mount
Olive Area Chamber of Commerce regarding April Business
Meeting.
3. Thank you note received April 10, 2007, from the Mount
Olive High School Parents Club regarding Fashion Show.
4. Invitation received April 10, 2007, from the National
League of Cities regarding Awards for Municipal Excellence.
5. Letter received April 16, 2007, from the residents
of Madison Avenue regarding Toll Brothers Morris Chase
Subdivision project – sidewalks on Madison Avenue.
6. Letter received April 17, 2007, from Kerry Milone-Clapp
regarding installation of cameras on School Buses.
7. Letter received April 17, 2007, from the West Grover
Street Residents regarding road repair request.
LEAGUE OF MUNICIPALITIES
8. Letter received April 9, 2007, from the New Jersey
State League of Municipalities regarding League Seminar
on “Everything Local Officials Need to Know about
Ethics.”
9. Fax received April 12, 2007, from the New Jersey State
League of Municipalities regarding Appeal of COAH Court
Ruling.
10. Letter received April 16, 2007, from the New Jersey
State League of Municipalities regarding Mayors Summit
on Pensions and Benefits.
11. Legislative Bulletin received April 16, 2007, from
the New Jersey State League of Municipalities regarding
Bills that were enacted as Public Laws of 2006-2007.
MUA / MSA
12. Minutes received April 10, 2007, from the Musconetcong
Sewerage Authority regarding March 7, 2007, meeting.
DOT / DEP / LOI / HIGHLANDS
13. Letter received April 9, 2007, from the State of New
Jersey, Department of Environmental Protection, regarding
Treatment Works Approval – Active Adult Community
(Location: Continental Drive and Love Lane)
14. Letter received April 10, 2007, from the State of
New Jersey, Department of Environmental Protection, Highlands
Water Protection and Planning Council regarding Grant opportunity.
15. Letter received April 12, 2007, from the State of
New Jersey, Department of Environmental Protection, Municipal
Finance and Construction Element regarding Treatment Works
Approval, Active Adult Community Pump Station.
16. Letter received April 12, 2007, from Ronald Heksch,
Esq. regarding Notice of Intent to Settle (Rezamir Estates,
Inc).
17. Letter received April 13, 2007, from the State of
New Jersey, Department of Environmental Protection, regarding
357 River Road, Single Family Home Block 8100, Lot 3 – Enforcement
Action, response to March 20, 2007 letter.
18. Letter received April 16, 2007, from the State of
New Jersey, Department of Environmental Protection, regarding
Potable Well Water Analyses in vicinity of Shell Services
Station site, 285 Route 206 & Flanders Road, Mount
Olive Township.
19. Letter received April 16, 2007, from the State of
New Jersey, Department of Environmental Protection, regarding
Gen III Builders @ Fox Chase Block 7801, Lot 41 (Mt. Olive
Road) Area of Concern: 300 Gallon Gasoline Oil Underground
Storage Tank.
20. Letter received April 16, 2007, from the State of
New Jersey, Department of Transportation regarding the
Local Bikeway Program.
21. Letter received April 17, 2007, from Robin Persad
regarding Treatment Works Approval for St. Elizabeth Ann
Seton Church.
22. Letter received April 18, 2007, from the State of
New Jersey, Department of Environmental Protection, regarding
Letter of Interpretation – Line Verification Applicant:
The Rockefeller Group Block 103; Lot 2.05 (350 International
Drive).
23. Letter received April 19, 2007, from Nusbaum, Stein,
Goldstein, Bronstein & Kron regarding Farooq Subdivision
(4 Thirty First Street, Budd Lake, NJ 07828) Application
for Highlands Applicability Determination.
24. Letter received April 19, 2007, from the State of
New Jersey, Department of Environmental Protection regarding
No Further Action Letter, Covenant Not to Sue for Coty
Prestige LLC Block 102, Lot 11.02 (350 Clark Drive, Mount
Olive).
UTILITIES
25. Letter received April 11, 2007, from Elizabeth Gas
regarding 2007 initiatives.
26. Letter received April 18, 2007, from Comcast regarding
Comcast digital line up on Channel 247.
27. Letter received April 18, 2007, from Jersey Central
Power and Light regarding change in new Area Manager.
MORRIS COUNTY
28. E-mail received April 10, 2007, from the Morris County
Improvement Authority regarding 2007 Note and Bond Pool.
TORT
29. Subpoena received April 17, 2007, from the Morris
County Superior Court regarding John Esposito, Jr. vs.
William V Yarlaski and Donald V. Yarlaski.
ORDINANCE FOR PUBLIC HEARING
President Greenbaum: There are 29 pieces of Correspondence
on the amended Agenda. Does anyone wish to discuss any
particular piece of Correspondence? Seeing none, we will
move on to ordinance for public hearing. The first Ordinance
for Public Hearing this evening is Ordinance #20-2007 entitled:
Ord. #20-2007 Bond Ordinance of the Township of Mount
Olive, in the County of Morris, New Jersey Providing for
the Acquisition of an Asphalt Zipper Jointly with the Township
of Washington Appropriating $50,000 Therefor and Authorizing
the Issuance of $47,500 Bonds or Notes of the Township
to Finance Part of the Cost.
President Greenbaum: Does anyone from the public wish
to discuss this particular Ordinance? Seeing none, I close
it to the public. I would ask Mr. Buell to please move
this for approval.
Mr. Buell: I move Ordinance #20-2007.
President Greenbaum: Is there a second?
Mr. Tepper: Second.
President Greenbaum: Moved and seconded. Any Council discussion?
Mr. Buell: When we first approved this and looked at this,
we were asking for a recommendation of how this was going
to be done with Washington Township? Have the details of
the agreement been worked out with Washington Township?
Mr. Sohl: Not yet, no.
Mr. Buell: So we don’t know who is going to own
this and how this thing is going to be…
President Greenbaum: It is going to be owned jointly.
The question of where it is going to be kept, that’s
the stuff that hasn’t been worked out.
Mrs. Labow: And maintenance.
Mr. Sohl: We are not going out to purchase tomorrow.
Mr. Rattner: Did we get an agreement that it was going
to be owned jointly? Washington Township, I believe, has
that they put it in their Capital Budget. They’re
purchasing it and they think they are going to own it and
they are getting a contribution from us.
Mr. Sohl: I will double check with Tim.
Mr. Rattner: What?
Mr. Sohl: I will follow up with Tim.
Mr. Rattner: We asked for that because it becomes problematic
especially with insurance, especially with the security
on a Bond. We are going on a Bond and it’s supported
by the equipment, so we have to have ownership on it. If
we don’t, it just becomes a contribution.
Mrs. Jenkins: Remember when we go out to Bond, it’s
based on our credit not on the actual asset. We talked
about that before.
Mr. Rattner: Then we list what the asset…
Mrs. Jenkins: In terms of fixed assets you’re right,
that is true.
President Greenbaum: Okay. Certainly before any money
is spent we need to make sure and I would ask the Administration
to pass that through Council to make sure that we are all
in line in terms of that the I’s have been dotted
and the T’s have been crossed.
Mr. Sohl: Yes.
Mayor Scapicchio: Rob, I am just asking, can the Council
supply us with some of their concerns because we are really
doing something that is unique to some degree.
Mr. Rattner: I think we did that on the third and we were
going to get a response before we had the final… that
was the agreement.
Mr. Sohl: I heard the concerns. I don’t remember
that we committed to it that quickly…
President Greenbaum: Council is concerned about the ownership
interest in terms of where it is going to be stored and
before any of the money is committed to Washington Township,
Council needs to be satisfied that all of the concerns
have been addressed.
Mr. Sohl: I agree.
Mrs. Labow: Why would we have this tonight if we are not
satisfied on all of the particulars?
President Greenbaum: You can vote no if that is what you
want to do.
Mrs. Labow: How is that impacted?
Mrs. Lashway: You can vote to continue it.
Mrs. Labow: Can we table it?
President Greenbaum: You can’t table. You can vote
to continue the public meeting on the matter.
Mrs. Labow: I would rather do that and then find out all
of the information before we voted on this.
President Greenbaum: No. We can reopen the public hearing,
that’s the way that it gets carried. I will reopen
the public hearing if that is what the majority of Council
wishes to do on this? I am prepared to vote in favor.
Mr. Buell: So am I.
Mr. Tepper: So am I. I trust the Administration that they
are going to provide us with the appropriate documentation.
President Greenbaum: Before the money is spent.
Mrs. Labow: Before the money is spent? Okay, that’s
good.
President Greenbaum: Does that answer everyone’s
questions? Roll Call please.
ROLL CALL: Passed Unanimously
President Greenbaum: Ordinance #20-2007 has passed on
second reading and I hereby direct the Clerk to forward
a copy of same to the Mayor and publish the notice of adoption
as required by law.
ORDINANCES FOR FIRST READING – 2nd Reading May 8,
2007
President Greenbaum: The first ordinance is Ordinance
#21-2007 entitled:
Ord. #21-2007 An Ordinance of the Township of Mount Olive
to Amend and Supplement Chapter 400 Entitled “Land
Use” Section 18 Entitled “Fees” of the
Code of the Township of Mount Olive.
President Greenbaum: Mr. Tobey could you please move that
for first reading?
Mr. Tobey: I move that Ordinance #21-2007 be introduced
by title and passed on first reading and that a meeting
be held on May 8, 2007, at 7:30 p.m. at the Municipal Building,
204 Flanders-Drakestown Road, Mount Olive, New Jersey,
for public hearing, consideration of second reading and
passage of said ordinance and that the Clerk be directed
to publish, post and make available said ordinance in accordance
with the requirements of the law.
Mr. Buell: Second.
President Greenbaum: Moved and seconded. Any Council discussion?
Mr. Rattner: I will support this to be introduced tonight
but just like the last time we raised fees. I think we
deserve to have what the budget impact…how much additional
revenue it’s going to bring in and how it covers
our costs. So as long as we get that before the final,
that’s all.
President Greenbaum: Any other discussion? I thought when
I read it, it related to escrow fees.
Mr. Rattner: No, also permit fees.
President Greenbaum: Permit fees as well?
Mr. Rattner: Yes. That’s money we keep.
President Greenbaum: Bill, before we actually put this
into the newspaper, when we changed the Construction Code
Official Fees, there was a problem in terms of it wasn’t
signed off by everybody. Has this been signed off by everybody
at this point?
Mr. Sohl: Yes.
President Greenbaum: So we are not going to come back
and say you know what? These fees are inconsistent with
what’s allowed. We are on good ground here?
Mr. Sohl: In the construction case?
President Greenbaum: Yes.
Mr. Sohl: Gary missed a paragraph that was out of order
and…
President Greenbaum: I just want to make sure before we
spend the money.
Mr. Sohl: These are much fewer changes.
President Greenbaum: Okay. Mr. Tepper did you have something?
Mr. Sohl: And they have been thoroughly reviewed by Catherine
over at the Planning Board.
Mr. Tepper: The only comment was that the Planning Board
had reviewed these in great detail to ensure that they
were also consistent with surrounding towns. So the amounts
of the increase are not exorbitant at all.
President Greenbaum: Any other comments? Roll Call.
ROLL CALL: Passed Unanimously
President Greenbaum: The next Ordinance for First Reading
is Ordinance #22-2007 entitled:
Ord. #22– 2007 An Ordinance of the Township of Mount
Olive Establishing the Name of a Portion of that Which
is Known as Madison Avenue Rather Then Elias Drive as Disclosed
on Filed Subdivision Map No. 5794.
President Greenbaum: Mrs. Labow.
Mrs. Labow: I move that Ordinance #22-2007 be introduced
by title and passed on first reading and that a meeting
be held on May 8, 2007, at 7:30 p.m. at the Municipal Building,
204 Flanders-Drakestown Road, Mount Olive, New Jersey,
for public hearing, consideration of second reading and
passage of said ordinance and that the Clerk be directed
to publish, post and make available said ordinance in accordance
with the requirements of the law.
President Greenbaum: Is there a second?
Mr. Rattner: Second.
President Greenbaum: Any discussion? Roll Call please.
ROLL CALL: Passed Unanimously
President Greenbaum: We are up to the final ordinance
for first reading this evening. Ordinance #23-2007 entitled:
Ord. #23-2007 Bond Ordinance Amending Bond Ordinance Numbered
34-2006 of the Township of Mount Olive, in the County of
Morris, New Jersey in Order to Amend the Source of Funding
of the Project (Mandelbaum).
President Greenbaum: Mr. Rattner, do you want to move
that please?
Mr. Rattner: Sure, one of the few times I actually enjoy
spending money. I move that Ordinance #23-2007 be introduced
by title and passed on first reading and that a meeting
be held on May 8, 2007, at 7:30 p.m. at the Municipal Building,
204 Flanders-Drakestown Road, Mount Olive, New Jersey,
for public hearing, consideration of second reading and
passage of said ordinance and that the Clerk be directed
to publish, post and make available said ordinance in accordance
with the requirements of the law.
President Greenbaum: Is there a second?
Mr. Buell: Second.
President Greenbaum: Moved and seconded. Roll Call please.
ROLL CALL: Passed Unanimously
CONSENT RESOLUTIONS AGENDA:
Resolutions on the Consent Agenda List are considered
to be routine and non-controversial by the Township Council
and will be approved by one motion (one vote). There will
be no separate discussion or debate on each of these resolutions
except for the possibility of brief clarifying statements
that may be offered. If one or more Council member requests,
any individual resolution on the Consent Agenda may be
removed from the Consent Agenda List and acted on separately.
CONSENT RESOLUTIONS
4. Resolution of the Township Council of the Township
of Mount Olive Aauthorizing a Contract for the Acquisition
of the Blue Atlas Property, Block 4500 Lot 8.
5. Resolution of the Township Council of the Township
of Mount Olive Authorizing an Agreement to Farming Activity
on Charters Farm, Block 8300 Lots 3 & 4 and Block 900
Lot 1.
6. Resolution of the Township Council of the Township
of Mount Olive Awarding a Contract to Wire’s Electric
Shop for Interior Electric and Heating in the Department
of Public Works Storage Building.
7. Resolution of the Township Council of the Township
of Mount Olive Awarding a Contract to Applied Water Management,
Inc. for Sludge Hauling for the Years 2007-2009.
8. Resolution of the Township Council of the Township
of Mount Olive Authorizing William Sohl, Business Administrator
to Execute a Treatment Works Application for ITC West Sanitary
Sewer Extension.
9. Resolution of the Township Council of the Township
of Mount Olive Authorizing the Submission of a Tonnage
Grant Application to the State of New Jersey for 2006.
10. Resolution of the Township Council of the Township
of Mount Olive in Support of the Disabled and to Encourage
Enforcement of Such Legislation
11. Resolution of the Township Council of the Township
of Mount Olive Authorizing the Execution of a Developer’s
Agreement Between the Township and AIG Baker, Mount Olive
(Famous Footwear).
12. Resolution of the Township Council of the Township
of Mount Olive Celebrating and Commending the
Opening of the Mount Olive Child Care & Learning Center’s
New Facility.
President Greenbaum: We are up to the Consent Resolutions
Agenda. I am going to move #6 to the Non Consent in light
of the discussion that we had at the Workshop. That will
simply be amended at the appropriate time to include the
Attorney review and approval prior to adoption.
Mr. Dorsey: Can we remove #12 because I have to add an
amendment to #12.
President Greenbaum: Twelve will be removed as well. Does
anyone wish to have any of the other resolutions removed?
With that I would ask Mr. Rattner to please move #5, 7,
8, 9, 10, 11, and 13.
Mr. Rattner: Thank you, Mr. President. I move Resolutions
#5, 7, 8, 9, 10, 11, and 13.
President Greenbaum: Is there a second?
Mr. Buell: Second.
PUBLIC PORTION ON CONSENT RESOLUTIONS
COUNCIL COMMENTS ON CONSENT RESOLUTIONS
President Greenbaum: It has been moved and seconded. Is
there anyone from the public who wishes to be heard on
any of the resolutions on the Consent Resolutions Agenda?
Seeing none, I close it to the public. Does anyone on Council
have a brief clarifying statement with respect to the Consent
Resolution Agenda? Roll Call please.
ROLL CALL: Passed Unanimously
RESOLUTIONS NON CONSENT
President Greenbaum: We are up to Non Consent. The first
resolution on the Non Consent is #6 which will simply be
amended to include that Attorney approval and review is
required.
6. Resolution of the Township Council of the Township
of Mount Olive Authorizing an Agreement to Farming Activity
on Charters Farm, Block 8300 Lots 3 & 4 and Block 900
Lot 1.
Mr. Rattner: So moved.
President Greenbaum: Is there a second?
Mr. Tepper: Second.
PUBLIC PORTION ON INDIVIDUAL RESOLUTIONS
COUNCIL COMMENTS ON INDIVIDUAL RESOLUTIONS
President Greenbaum: Moved and seconded. Is there anyone
from the public who wishes to be heard on Resolution #6?
Seeing none, is there any Council comment? Seeing none,
Roll Call.
ROLL CALL: Passed Unanimously
President Greenbaum: Resolution #12, Mr. Dorsey.
12. Resolution of the Township Council of the Township
of Mount Olive Authorizing the Execution of a Developer’s
Agreement Between the Township and AIG Baker, Mount Olive
(Famous Footwear).
Mr. Dorsey: Resolution #12 deals with the approval of
a Developer’s Agreement or some new pad or space
at International Drive South known as Famous Footwear.
The Developer’s Agreement as currently drawn and
approved by this Resolution includes within it the requirement
that a COAH contribution be made by the developer. This
is contrary to our experience in connection with every
other development within the Foreign Trade Zone South.
It was recommended by the Township Planner as it was told
to me and by the Attorney to the Planning Board that the
provision for such a contribution not be included because
International Drive South received tentative approval,
preliminary approval prior to the adoption of the ordinance
but it was not taken out of the Planning Board’s
resolution. The only thing that they have asked, for which
seemed quite reasonable to me, is that they be permitted
60 days to work their differences out with the Planning
Board in terms of this particular provision. They seem
quite certain, that is Goldstein and company, that it was
just an oversight that it was included. It was apparently
recommended by Roger Thomas, the Board Attorney and the
Planner, that it be taken out. So the amendment would be
to simply provide to the developer 60 days to work out
the issue with the Planning Board…hopefully to eliminate
any COAH contribution for the legal reasons set forth above.
If they don’t then the Developer’s Agreement
will be executed with that provision it. The Developer’s
Agreement will probably be executed immediately. You don’t
make the payments under the COAH contribution until you
pull your building permit and you get your CO. So we would
seek to amend Resolution #12 that way. I’ve actually
written out all of them. I will get that to Lisa.
President Greenbaum: Do you want to move that?
Mr. Rattner: I will move Resolution #12 as amended by
the Attorney.
President Greenbaum: Is there a second?
Mr. Buell: Second.
President Greenbaum: Anyone from the public wish to be
heard? Anyone on Council wish to be heard?
Mr. Rattner: Yes, just a question. Mr. Tepper, where is
that located, I am just curious on that one, which pad?
Mr. Tepper: If you go up to the pet food store, they are
going to make the pet food store smaller and build off
on to the side of it the Famous Footwear. So Larry is arguing
that it’s not a substantial change. Chuck McGroarty
felt that it possibly could be. So he is going to have
to convince our Planner that it’s not. Our discussion,
if it’s brought to us, is the question if you did
it on every lot and made it smaller and put a second building
on, would that be viewed as a change? That is what he is
asking for, waiver of the fees.
Mr. Dorsey: We are not waiving the fees. We are simply
giving him 60 days to work it out.
Mr. Tepper: We are, right now, right. What he’s
asked for though is waiver of the fee.
Mr. Rattner: Is there an answer why we have to vote on
it before it is settled? Is there some sort of time of
the essence?
Mr. Dorsey: No, they want to go forward. There’s
no reason not to let them go forward. It’s all been
approved. I mean if you wanted to say no?
President Greenbaum: There is no reason not to vote on
it at this point in time.
Mr. Dorsey: They are at their risk, not our risk.
President Greenbaum: The specific issue related to the
COAH fee really is an issue that the Planning Board has
to deal with and not us. We are simply…we are allowing
the developer to move forward with the project that was
approved. There maybe a revision in terms of what was ultimately
approved by the Planning Board and in the event that we
don’t move forward with it and it’s changed
by the Planning Board, we have an obligation to adopt a
Developer’s Resolution consistent with what the Planning
Board decides anyway. So it really doesn’t make much
of a difference.
Mr. Rattner: I am just concerned dealing with this that
they want to get started but if we are going to end up
in a lawsuit because we can’t come to an agreement,
then why are we being so quick with it?
Mrs. Lashway: They signed the Developer’s Agreement
that had the clause in there that they have to pay the
COAH fee, as it is now.
Mr. Rattner: Oh, okay.
President Greenbaum: Any other discussion? Roll Call please.
ROLL CALL: Passed Unanimously
MOTIONS
1. Bill List
President Greenbaum: Bill List, Mr. Tepper.
Mr. Tepper: I move the Bill List as presented.
President Greenbaum: Is there a second?
Mr. Buell: Second.
President Greenbaum: Any discussion? Roll Call please.
ROLL CALL: Passed Unanimously
ADMINISTRATIVE MATTERS
President Greenbaum: Any Administrative matters Bill?
Mr. Sohl: No.
OLD BUSINESS - None
NEW BUSINESS - None
LEGAL MATTERS
Mr. Dorsey: Nothing.
COUNCIL REPORTS
Recreation Liaison Report
Mr. Tobey: Nothing to report. Our next meeting is next
Wednesday.
Board of Health Report
Mrs. Labow: We had our meeting last week. We had a first
reading of an Ordinance amending some of our fees. It was
a rather short and sweet meeting done in less than an hour.
Planning Board Report
Mr. Tepper: I did not attend but following up with Chairman
Fleischner and getting a copy of the disc to listen to
it. The key issue is the one that we just addressed having
to do with the COAH fees and that the Planning Board upheld
them and that I was told that they were going to come to
Council and ask that they be recused from them.
President Greenbaum: I understand that there was an issue
discussed with respect to the settlement of the Rezamir
fines by the DEP, maybe not at this meeting but at a prior
meeting.
Mr. Tepper: There was discussion as to where it was with
that and did they pay the fees. I think it was $750,000
in fines?
President Greenbaum: I don’t know where it’s
at in terms of the DEP and this goes to you Bill. I think
that the Planning Board was concerned or at least raised
the issue that the Township be involved in the settlement
discussions because certainly…
Mr. Tepper: False application.
President Greenbaum: Not only that, the injury that was
caused by the violations affects the Town and the natural
resources of the Town. To that extent, we believe that
the Township, or at least I do, and I know that certain
members of the Planning Board do feel that the Township
should be in some way compensated for the natural resource
damage that was caused to the Township.
Mr. Tepper: We have a copy today of the proposed settlement
which says that they have to basically make that whole
once again and the question would be, how is that defined?
President Greenbaum: I think that the Township should
take a very active roll in terms of making sure that we
are compensated for the damages which were caused by their
violations.
Mr. Rattner: I also, to add onto that, I want to make
sure that private homeowners, and there were some documents
like that last letter we got, that somebody is trying to
tie it together which may be related, may not, but we had
people here who had some substantial documented damage
to their property. I want make sure that before we have
any agreement, that all the claims with our residents,
that’s who we’re representing, are settled
before we go forward too.
Mr. Tepper: Mr. President, can we withhold building permits,
new building permits until that is resolved to the Administration’s
satisfaction?
President Greenbaum: That would have to be answered by
Mr. Dorsey.
Mr. Dorsey: Yes, I’m sorry.
President Greenbaum: The question has been raised with
respect to the proposed settlement that the DEP is entering
with Rezamir and there are substantial fines that the DEP
levied upon Rezamir due to the manor in which they cleared
their land and allowed runoff and soil erosion. The fines
were somewhere in the $1 million range if not greater.
The issue has been raised that the Township has in fact
been damaged as a result of natural resource, our natural
resources also happened to be damaged and that the Township
should be involved in the negotiations with the DEP and
with Rezamir in terms of making sure that we are compensated
for our damages. Beyond that, Mr. Rattner raised the issue
that there were various homeowners who had specific damages
as to their own pieces of property. Those claims having
been raised previously, two of which that come to mind
are the George’s and the Strianos and that certainly
those claims should be part of any local settlement between
the DEP and Rezamir. Notwithstanding that, Mr. Tepper has
now raised the issue of whether or not the Township can
withhold building permits while these issues remain open
and that’s the question to counsel. I don’t
expect that you may or may not be able to answer that this
evening.
Mr. Dorsey: Let me ask you a question. Has anybody from
the Township been in touch with the DEP to know the nature
or extent of their negotiations?
President Greenbaum: We have received correspondence from
the DEP which I am going to ask Mr. Sohl to send to you
at this point.
Mr. Sohl: We have it.
President Greenbaum: We believe that the Township should
be involved in, and I know the Planning Board does as well,
should be involved in these negotiations so the Township,
if possible, can be compensated for losses as well.
Mr. Dorsey: Let us understand this. If the Township is
going assert claims against Rezamir…
President Greenbaum: Yes.
Mr. Dorsey: The Township better assert those claims. I
don’t know exactly what these claims are.
Mr. Rattner: That is what he is saying.
President Greenbaum: That is what I am saying.
Mr. Dorsey: You are going to have to assert them now because
you can’t just…remember if they bring themselves
to the point where they are entitled to a building permit,
you are not going to be able to say, we are not going to
be able to say we are not going to issue a building permit
because we claim you still owe us. This is the time for
the Township to forcefully pursue any claim that it may
actually have.
President Greenbaum: That’s why the issue was raised.
Mr. Tepper?
Mr. Tepper: I believe we have until tomorrow to make comment
on that under the notice of intent to settle.
President Greenbaum: Bill, I suggest that tomorrow is
the day that this is dealt with.
Mr. Sohl: Okay.
Board of Adjustment Liaison Report -None
Open Space Committee Report
Mrs. Labow: I gave the report last meeting.
Legislative Committee Report - None
Pride Committee Liaison Report - None
Board of Education Liaison Report
Mr. Buell: They met last week but really didn’t
do anything of any major note.
Lake/Environment Issues Committee
Mr. Rattner: You don’t want to hear from me on that
but I do have a related issue. I will do it in final comments.
Safety Committee Liaison - None
Finance Committee Report
Mr. Rattner: Nothing to report.
Economic Development Committee Report
Mr. Rattner: Met last week. The Mayor and I could only
stay for part of the meeting because it was opening season
for baseball. There was a presentation by the Open Space
Committee on how open space is a good ratable. Additionally,
they were working on, besides other things, uplifting press
releases about what’s going on to try to make Mount
Olive look desirable. They are very, very active.
Solid Waste Advisory Committee Report
Mrs. Labow: We gave it at the last meeting.
Library Board Liaison
Mr. Tepper: We had a meeting whereby we discussed the
new budgets and trying to get plans for future opportunities
to have new programs and then they conducted a successful
book sale on Saturday.
President Greenbaum: Do we know what the status is of
the handicapped parking?
Mr. Tepper: It is still unresolved as to how they are
going to complete that. They’ve put it out and asked
for new bids again but they are still getting very, very
expensive proposals.
Mrs. Labow: I have a question.
President Greenbaum: Okay.
Mrs. Labow: Russ, what is the status on their gas bill
that they have been negotiating?
Mr. Tepper: It’s just that, it’s been negotiated.
They are paying off, pursuant to the agreement, so much
per month but they are arguing over a discount to make
a lump sum payment on that.
Mrs. Labow: Okay, thank you.
PUBLIC PORTION
President Greenbaum: Anyone from the public wish to be
heard on any particular issue? Yes sir, if you would be
so kind as to go up to the podium Mr. Russell.
Nelson Russell, Budd Lake: This is for Sherry. Looking
at the escrow account, escrow disbursements are monies
that are withdrawn from the escrow accounts to pay particular
professional fees etc., correct?
Mrs. Jenkins: Yes.
Mr. Russell: What’s the $13,000 escrow interest?
Mrs. Jenkins: The developers are the people that actually
deposit the money. They get a portion of the interest and
the Township gets a portion of the interest. Our portion
of the interest we transfer over quarterly and we have
a revenue set up in our budget for it.
Mr. Russell: Okay, I just didn’t see the reference.
Thank you.
COUNCIL COMMENTS
President Greenbaum: Thank you. Is there anyone else from
the public who wishes to be heard? Seeing no one else,
I close it to the public. We are up to final comments.
Sherry, anything this evening?
Mrs. Jenkins: No.
Mr. Sohl: No.
Mayor Scapicchio: No.
Mr. Tepper: No.
Mr. Buell: No.
Mr. Tobey: Nothing.
Mrs. Labow: Nothing, I am donating my time to Steve.
President Greenbaum: I wasn’t even going to call
on Steve.
Mrs. Labow: Oh.
President Greenbaum: Mr. Rattner.
Mr. Rattner: The issues with Morris Chase. I’m not
going to talk about the disaster that happened to the lake
and those are my terms, obviously not engineering terms.
However, on two different inspections that I was invited… No,
in fact I think I tried getting those meetings. Anyway,
one thing that’s very interesting about their property
- everybody knows that the property was very wet and it’s
been very wet going back probably hundreds of years and
that is one of the issues. The surprising part is that
there are springs that bubble up through the soil at normal
level. In fact, there are some areas where they built their
roadbed construction up about two feet because they would
be in water from where they scraped. You can actually see
potholes or just in soil you can see water bubbling up.
They are also building because as Joe Dunn from Morris
County Soil Conservation, you got to love those regulations
of 20 years ago that they are operating under, they are
actually building, the first part they are building I guess
is some of the Condo units which are in a riverbed, streambed,
they were allowed to build through. What I am going to
ask the attorney to look at because we know about full
disclosure with you or me selling a house and we have water
in the basement. Is there anything that we can do to require,
now we have done full disclosures before that we have asked
developers, that a developer has to disclose where they
have found springs. If you build, I don’t care what
you’re going to do, if you’re going to build
a house on top of a spring or a place where there is water,
you are going to have water. They are going to put in sump
pumps and such but can we require the developer to let
the potential buyer know?
Mr. Dorsey: The time to have done that would have been
in the various Planning Board approvals that were granted.
It becomes more difficult now to find a mechanism by which
you can make the developer do it. If it had been possible
to know this particular avenue of disclosure when they
were going through the process of getting their approvals,
we could have done it. I don’t know that there is
any mechanism now by which we can tack that on.
Mr. Rattner: We can’t just have…not just for
this developer but for anybody that builds if they discover…
Mr. Dorsey: We can attempt to adopt an ordinance. If you
give me the specifications as to what any developer must
disclose, we can do that. We can do an ordinance.
Mr. Rattner: Could you come up with one…something
to say, if you know that there is water there, you have
to disclose and that is any property owner. I know that
if I sell my house, I have to disclose if I’ve had
water coming into my basement.
Mr. Dorsey: For you, I can do it.
Mr. Rattner: Thank you.
Mr. Dorsey: We may want to…I am serious. We may
want to talk to Gene or somebody to get some…
Mr. Rattner: I would say we saw with some of these, I
mean it’s doing nothing. I think any new residents,
if not we are going to be getting the telephone calls.
I remember what happened in Mountain Park I.
Mrs. Labow: When we were talking about clay we were talking
about Rezamir Estates. They had the same thing, where there
was a lot of springs riddled through that property that
were sort of dried up at one time but then they were reactivated.
Mr. Rattner: Well, these are active now.
Mrs. Labow: I know.
Mr. Rattner: And they are building on top of it. We actually
saw one streambed…everybody… they’re
over the shoulder. “What are you doing over there?” “Oh,
that’s where the foundations are that they are building
for the Condo units” and it was in a streambed that
they diverted. That is allowed under the regulations that
were in at the end of the 80’s.
President Greenbaum: Nelson, did you have something that
you wanted to add? You have to go to the podium if you
are going to say something. I don’t normally open
it up to the public during final comment but…
Mr. Russell: Based on that final comment. Just wondering
Steve, if…
President Greenbaum: Steve, you are being addressed here.
Mr. Russell: This would be building in the wetlands. If
there is a spring, there has got to be wetlands.
President Greenbaum: You know there are different kinds
of wetlands. That would be under the Planning Board. There
are wetlands which…
Mr. Rattner: The regulations for 20 years ago…
Mr. Tepper: It’s preexisting; it was approved 20
years ago.
Mr. Rattner: The regulations 20 years ago were a lot different.
Do you know about buffers? If you look at the big retention
basin that’s been completed and it’s working,
that’s on Goldmine Road, the one that’s on
that area, you will notice that that was built into the
existing wetlands. They had approval for that. If you go
down Goldmine Road, you will see the wetlands and you will
see the wall of it that is in the wetlands. You know, right
up to it. There is no buffer it’s right into it,
they had to fill it in, that was allowed. We were told
by Joe Dunn, and there were a lot of us there, Bill was
on the last tour running around and we saw some of the
things that they were doing and part of it was this is
what the regulations allow. One of the things that I brought
up at a previous meeting is that with the silt that is
coming off the site, their permit only requires them to
capture 70%. I mean you couldn’t do that today but
that’s what their permit requires. That’s why
we had a chocolate brown Budd Lake.
Mr. Russell: Thank you, Rob.
President Greenbaum: Thank you. Is that it Mr. Rattner?
Mr. Rattner: Yes.
President Greenbaum: I don’t have anything either,
motion to adjourn. Oh you had something?
Mr. Rattner: I thought the public portion was closed?
President Greenbaum: Yes, the public portion is closed.
Mr. Rattner: You’re showing favoritism.
President Greenbaum: Yes for those who are here. Make
sure you write that in the paper or on the radio.
Mr. Tepper: Mr. Chairman, before he speaks.
President Greenbaum: What’s that?
Mr. Tepper: I think we have to go to executive session
before you adjourn.
President Greenbaum: I don’t think so, go ahead.
Steve Bedell, 9 Donna Lane, Flanders: With this development,
let’s say the builders are done for however many
years and let’s say there are people having major
flooding or just major erosion on the properties. Since
the Township gave permits “X” number of years
ago, is there any liability on the Township?
President Greenbaum: No. There is no liability of the
Township. They are immune under Title 59.
Mr. Rattner: Besides that we lost a couple of court cases.
We actually fought. A lot of that was done with court decisions.
Mr. Bedell: Okay, thank you.
President Greenbaum: Okay, thank you very much. Motion
to adjourn?
Motion was made and seconded, all in favor and none opposed,
the meeting was adjourned at 9:12 pm.
__________________________
Robert J. Greenbaum
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 May 8, 2007.
_______________________
Lisa M. Lashway
Township Clerk
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