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The Regular Public Meeting
of the Mount Olive Township Council was called to Order
at 7:32 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 ways 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. Buell, Mr. Perkins, Mr. Rattner,
Mr. Biondi, Mrs. Labow,
Mr. Tepper, Mr. Greenbaum
Absent: Mr. Perkins
Also Present: David Scapicchio, Mayor; William Sohl,
Business Administrator;
John Dorsey, Township Attorney; Sherry Jenkins, CFO;
Michelle Masser, Deputy Clerk
President Greenbaum: I am going to move away from the Agenda for the first
item of discussion this evening due to scheduling conflicts. We have a recommendation
from the Administration with regard to the appointment of four individuals
to the Library Board. Did you want to read them Dave?
1. Consent to the Mayor’s Appointments to the Library
Board:
Stephanie Sherman, 5 year unexpired term to expire 12/31/10
Suzanne Jeska, 5 year unexpired term to expire 12/31/09
Judith Hirky, 5 year term unexpired term to expire 12/31/08
Stanley Miller, 5 year unexpired term to expire 12/31/06
President Greenbaum: I guess we can ask for a motion to
move all four together.
Mr. Biondi: So moved.
President Greenbaum: Is there a second?
Mr. Tepper: Second.
President Greenbaum: Is there any discussion? Seeing none,
Roll Call.
ROLL CALL: Passed Unanimously
President Greenbaum: Congratulations.
Mr. Rattner: Congratulations.
Mr. Tepper: Congratulations.
President Greenbaum: Since you’re here. If you want
to get sworn in, we can take care of that right now. Michelle
can take care of that.
Swearing in of Library Board Members: Stephanie Sherman,
Suzanne Jeska, Judith Hirky
Mr. Rattner: Judy, when is the parking lot going to be
done.
Mrs. Hirky: Never.
President Greenbaum: Congratulations from all of us and
we wish you the best of luck in your responsibilities as
a Board of Directors of the Library. I know that the Library
will improve under your guidance. I wish you the best of
luck.
Morris Chase Construction Report
President Greenbaum: The next item for discussion involves
the Morris Chase construction project. I know that there
has been significant discussion from a number of residents
in the general area of the project. Generally the Council
does not get involved in construction matters unless there
is a major issue concerning the way that it’s done.
That’s usually a Planning Board item. However, because
of the nature and the size of the project and I felt that
all on Council could be educated as well as the residents
who had numerous questions and we all got the letter with
all of the questions. I have invited Gene Buczynski here
this evening. Gene is the Township Engineer and was also,
or at least on the Planning Board as the Planning Board
Engineer during the certain timeframe that the project
was in the works. I don’t know that he was here originally
in 1988.....you were? In any event, just so that everyone
understands and I am sure that everyone already knows,
this was a project which was approved originally in either
late 1988 or 1989 and because of litigation with the DEP,
those who were on the Planning Board at the time gave a
10 year extension to Morris Chase. I can’t get into
the reasons why the extensions were given. I don’t
know but there were justifications in terms of the ongoing
litigation and irrespective, here we are with what now
becomes a major issue for the Township. I can say for everyone
sitting up here that we all, all of us to a person, have
very very grave concerns about this particular development,
how it will affect the existing homeowners and how it will
affect the Township generally. There was an attempt by
the Township to look into purchasing either part or all
of that project. Obviously, it is a massive project. The
cost associated with the project would have been staggering
if we could have even gotten Toll Brothers to the table.
They just simply did not have an interest in selling the
property to the Township and it’s not something that
the Township had the money to try and purchase through
other means. Having said that, I and I know the Mayor has
at least walked a portion of the neighborhoods that are
most affected. We didn’t make it over to the Madison
Avenue side that is accessed off of Mount Olive Road, which
I know is probably where a lot of you are from but we did
access it from the other side. We wanted to see exactly
what was happening, what was being cleared, what the issues
were, whether there were water runoff issues, whether there
were access issues in terms of construction vehicles going
to the site, whether or not any property owners had concerns
about where their property boundaries were and whether
or not the feeling was that Toll Brothers in some way had
encroached on the properties of the existing residents.
Again, for all of us sitting up here, we have the utmost
concern that the project affects the existing property
owners in as small a fashion as possible. Having said that
because of the nature of the project and the way that the
trees have already been cleared, I am sure that it has
affected everyone in a great sense, with that I am going
to turn it over to Gene. I don’t want to spend an
incredible amount of time at the meeting this evening.
We have many issues to discuss. Gene has indicated that
he is willing to sit down after the meeting and perhaps
schedule another meeting with the affected residents to
go through all of the questions that you may have. Specifically,
I want to identify, Gene, the general sense of the concerns
of the residents and then to hear from the residents as
to the major issues which they believe that the Township
needs to get involved with. So with that I will turn it
over to you.
Gene Buczynski, Township Engineer: Thank you, Council
President. I received of copy of their memo/ email dated
the 20th of November. I proceeded to prepare a memo, which
I think I sent you a copy of it, I hope you got it. It
was dated November 22nd and I have copies of them here
this evening because I was not sure if any of the residents
received a copy of it with the answers but I have it for
them tonight. Rob what I could do even after.... you don’t
want to spend a lot of time right here. I am willing to
go into the cafeteria tonight with the set of plans and
go over the memo with you and see other questions you might
have. A lot of it is technical to the width of the road,
drainage, where is the right-of-way going to be and how
much property is taken on your side. I think I can answer
those questions pretty simple with the memo and go step
by step with you. There are two issues, I am not sure if
you want to spend any time right now? It is going to be
outside of the technical end and the two other questions
and one was regarding existing Madison Avenue and the fact
that’s Elias drive and the change of the name. Yes,
it was set up to be changed to Mount Olive Road all the
way up through Flanders Road. I know they had a concern
about having to change their address and notifying the
post office and all their friends and relatives. That is
one item that I really can’t address and the other
item is regarding the sidewalks as far as the width and
location of the sidewalks if they are on the northerly
side, they really affect I think, two property owners.
There was a concern relative to maintenance of the sidewalks
and snow plowing and whose responsibility it is, which
per the ordinance, it is the homeowner’s responsibility.
Now those are the issues that are probably non technical,
I can go over the memo here if you want to go over it in
the public session and if you want me to just sit with
the neighbors this evening and go over it one by one, I
will do whatever you like.
President Greenbaum: What I would like to do at this point,
Gene, is to hear from the residents in terms of their concerns.
I would rather not have it be duplicative but I would like
to hear what everyone’s concerns are other than the
issues which are of a technical nature which Gene is going
to address. So if there is anyone from the audience, now
would be a good time to come up to the podium.
Mr. Rattner: It doesn’t matter which order you come
up.
President Greenbaum: Please state your name and address
for the record even though we all know who you are.
Dan Nelsen, 75 Flanders Road: I have the Kennel that is
adjacent to the main entrance to Morris Chase. Thank you
all for serving. I brought this up with Mr. Buczynski,
he was good enough to come out when they first cut in their
road. Initially when this project was first started, the
Law Brothers were the fellows who initiated this development.
Somewhere along the line, they agreed to give most of us
adjacent property owners 25 feet of buffer. I understood
it to mean 25 foot of the natural trees and shrubbery to
remain. Then they would do their landscaping. Along the
way, that seems to have been dropped or lost. I am not
quite sure I don’t know, I don’t believe it’s
in the Developer’s Agreement. Perhaps this week I
will have a chance to go back over some of the minutes.
I do want to let you know initially, they agreed to leave
a 25 foot buffer between the properties. They have cut
right up against our property lines to the inch... I just
wanted to say that. Also on the 21st of December, they’re
having a meeting I believe for....they are looking for
a six year extension....
Laurie McGill, Madison Avenue: Mr. Nelson, I just want
to mention that has been postponed until
January 18th. You may or may not be getting notices but
Michelle I think told me it was going to be postponed until
January 18th.
Mrs. Labow: It was January 11th.
President Greenbaum: It’s a Planning Board... it’s
an extension of their final of Phase I.
Mr. Tepper: Yes.
President Greenbaum: Phase I... its Planning Board.
Mrs. Labow: Wasn’t it January 11th?
Mr. Tepper: No, I think she is correct.
Mrs. McGill: I saw January 11th and then it got changed
to January 18th.
Mrs. Labow: Okay.
President Greenbaum: January 11th is probably their reorg
meeting. It’s a Planning Board issue and ultimately
they have to put in their required testimony before the
Planning Board to get their extension. Obviously, the Planning
Board turned down their last request for an extension and
it went to court and they were successful in getting the
judge to side with them. Personally a six year extension,
if I were sitting on the Planning Board, is not something
that I would look at in any way favorably but I don’t
get to make those decisions. That’s an issue which
is before the Planning Board. I am sure that they are going
to have to temper their decision based upon the courts
ruling which just came down last year. Anyway go ahead
I am sorry to interrupt.
Mr. Nelsen: I was going to ask if that was rescheduled
because so many of the neighbors would probably not be
available on the 21st of December being scheduled so close
to a holiday.
President Greenbaum: That I can take care of January 18th.
Mr. Nelsen: I was concerned about the 25 foot buffer.
I don’t know what if anything can still be done regarding
that. It seems that Toll has left things in that suited
them and omitted some things that might have been restricted
to them.
President Greenbaum: I have real concerns and I had requested
through the Clerk’s office to have Gene contact Toll
Brothers to get another set of their plans that can be
kept in the Clerk’s office. My understanding is that
the plans are massive, in terms of reproducing them and
that it’s impossible for us to do it and it has to
be done through Toll Brothers. Gene has, in fact, reached
out to Toll Brothers to get a set so that we can keep them
in the office, available........yes.
Mr. Buczynski: There is one set in town...
President Greenbaum: In the Planning Department.
Mr. Buczynski: Before the holidays, before Thanksgiving,
I talked to them and they are sending us two sets, they
are going to bring them to Lisa’s office.
President Greenbaum: Okay. My concern Gene is twofold.
It relates directly to what Dan is saying because of
the size and the impact of this development. I mean the
i’s have to be dotted and the t’s have to
be crossed in terms of what the Township is doing to
make sure that they are consistent with what was approved
by the Planning Board. I have real concerns that they
are going to fill in wetlands to make Phase II more appropriate
in terms of moving forward with.....you know I think
we have to be very vigilant in terms of making sure that
the plans are followed.
Mr. Buczynski: Yes and what they have done so far out
in the field, is exactly true to plans. I mean as far as
disturbance goes, is what was shown on the approved plans
is what they are doing. So Dan’s concern we have
talked in length about this and we will do some more research
on it but they are providing a buffer. The concern I have
here is from way back when the Laws were around now you
have a 50 foot Clinton Avenue which was vacated and you
got 25 feet and they got 25 feet. Now way back when, when
Law made a commitment, the commitment might have been part
of that 50 foot, where you got 25 feet or about. Before
losing your property line.....I am not here to argue, I
am just saying that’s where he might be having the
problem.
President Greenbaum: I understand.
Mr. Buczynski: I am just saying what’s been done
is per to approved plans.
President Greenbaum: Okay.
Mr. Nelsen: What Gene might be alluding to is that and
that might have been their thought but I sure couldn’t
go along with that, is that when the road was vacated they
were going to allow me to use the 25% that was deeded to
me as the buffer. My land would be the buffer and as it
was originally said they were going to leave a buffer and
I don’t think that should be my property.
President Greenbaum: You know what Dan, the logic that
Toll Brothers is using, if that is their logic, seems a
little faulty to me.
Mr. Nelsen: Thank you.
President Greenbaum: How they can use a portion of a vacated
road as a buffer doesn’t sound like...
Mr. Nelsen: It would have been fine if they used their
portion.
President Greenbaum: I understand.
Mr. Buczynski: There is nothing you are going to find
in the resolutions at the Planning Boards hearings that
talks about still providing a 25 foot buffer. That’s
what he is trying research.
President Greenbaum: All we can do at this point is make
sure that it conforms with the plans and if you’re
telling me...
Mr. Buczynski: The question is and I know Dan will be
there on January 18th and he can bring up that question
for them and let them address it.
Mr. Nelsen: When we talked about it last year, they basically
said....I forget the gentleman’s name, Mr. Buczynski
came out. He said we don’t have to leave any buffer,
we might leave you some but we really don’t have
to.
President Greenbaum: Good neighbor huh?
Mr. Nelsen: Long before Toll Brothers was there, it was
the Law Brothers, and they actually agreed to it. I would
also like to say to the Council and the Administration
that if there is any chance on pursuing, purchasing this
property, I still think in the long run it would save the
Township money because I do believe it will generate another
school, another 600 children.
President Greenbaum: We looked at that issue and the feedback
that we got from the school was even if we stopped the
project, we are still going to need another school.
Mr. Nelsen: It will be a bigger school.
President Greenbaum: I understand.
Mr. Buell: We are probably going to need two schools.
President Greenbaum: Dan, we are all in favor of purchasing
that property if there is something that can be done.
Mr. Nelsen: If now if anything, the road that’s
cut in, the storm drains that are put in for infrastructure,
the property that’s cleared the trees that are gone,
perhaps you can use that as fields, which are needed also.
Thank you very much.
President Greenbaum: I understand, thank you. Anyone else
from the public? Again, you have to state your name and
address.
Daniel Ortiz, 10 Madison Avenue: I was here at the last
meeting. I have been in this town for about 20 years and
I was here at all those meetings that they had with Toll
Brothers but a major concern that I have at this point,
along with that letter, that’s not in that letter.
Is my property in the front where my old leach field extends
on the right of way, who’s responsible for that?
Since what I believe that the Township okayed that leach
field when the house was first built that is one of my
major concerns. Also there is a big pine tree that hangs
over the right of way, what’s going to happen to
that pine tree and also that catch basin. There is a catch
basin I was told that is going to go. I’m the last
house on the very tailend at the start of that development.
I heard there is a very large catch basin that is supposed
be directly across on an angle, I am thinking.
President Greenbaum: Gene would be able to answer that
question.
Mr. Ortiz: Yeah, well....
Mr. Buczynski: I will go over the plans and show you where
it is. As far as the leach fields and the tree, I am not
sure that the tree has to come down. If it is, it’s
not going to be your expense. Toll Brothers has to pay
for it. You are on sanitary sewer now, correct?
Mr. Ortiz: Yes, yes.
Mr. Buczynski: So you’re just talking about the
removal of the disposal field if they hit it?
Mr. Ortiz: Well, basically the right-of-way. The road
is curved away from me. I know you’re going to hit
the leach field. That’s definite.
Mr. Buczynski: That’s their responsibility.
Mr. Ortiz: Is it? That is what I want to know. Also, in
the winter time you get warmer weather on that catch basin
where water stays stagnant, there’s going to be a
mosquito problem. Who’s responsible for that?
President Greenbaum: Well, the Township ultimately is
going to be responsible for...
Mr. Ortiz: That’s going to be a big expense.
President Greenbaum: It will end up being a Board of Health
issue. You know what? It’s just.......
Mr. Ortiz: It’s snowballing into other, bigger things.
President Greenbaum: I understand.
Mr. Ortiz: Thank you.
President Greenbaum: Okay, anyone else from the public?
Lori McGill, 7 Madison Avenue: I am the one that sent
the email, representing my neighbors and four of the five
residents are here today. I think our biggest concern is
the name of the street and I know there has been some talk
about why it has to change. We stated in our letter, we
understand there is another part of Madison Avenue and
our concern, from your perspective it maybe only five homeowners
that are effected and I understand that from a few years
ago there was another meeting where at least the decision
to change the name of the street was deferred. I am sure
that’s been appreciated since the Toll Brothers Development
wasn’t going in at that time. I think that’s
our biggest concern is the name of the street. I have seen
many other cases and I am sure many people here have seen
other cases, where you’re driving down the street
and it has one name and then you reach a different portion
of the road and it changes to a different name. We are
outside of the development technically and I think that
is our biggest issue is the name of the street.
President Greenbaum: Gene, is there any reason from an
engineering standpoint that this street name has to be
changed or from a Planning Board....
Mr. Buczynski: You can name it anything you want to.
President Greenbaum: Okay, so the decision....
Mr. Buczynski: The point of issue, I believe way back
when, I am not sure it was police or emergency management
but they wanted from a 911 standpoint to have the numbers
consecutive and to go from Mount Olive Road to Flanders.
If you look at the plans, right at the end of the existing
Madison Avenue there is an intersection at that point where
Phase II will be to the left and Phase I continues straight.
Now I don’t see why you couldn’t keep existing
Madison Avenue up to that intersection and then start with
Elias Drive after that. I mean it’s a normal break
and it wouldn’t affect these people, I can show you
on the plan.
President Greenbaum: You know what. I don’t think
anyone up here wants to change the name of the street if
we don’t have to. The concern that is always raised
is police, fire, and rescue but the fact remains that it
has been that way for how many years that there has been
two Madison Avenues and that if there is an emergency on
the Madison Avenue that runs adjacent to St. Judes as opposed
to the Madison Avenue that’s in the Goldmine Estates
proper neighborhood, they have already been dealing with
it.
Mr. Buczynski: I mean should we discuss it with the emergency
management people or is it a decision here?
President Greenbaum: John is that an issue that would
be done by Council or does it need a recommendation from
the..........this is what I am going to do, as long as
I don’t hear an objection from anyone sitting on
Council. I am going to send it back to the Planning Board
with the recommendation that the Council is inclined after
speaking to the Chief. If the Chief gives us the recommendation
and the Budd Lake Fire Department give us the recommendation
that they are okay with leaving it, then I am going to
send it back to the Planning Board with a recommendation
from Council that we are not inclined to change the name
based upon the recommendations of the Police Chief. Chief
do you want to get up here? I don’t blame you. Have
you had any issues with respect to being able to find the
houses that are currently on Madison Avenue?
Chief Katona: The section of Madison Avenue adjacent to
St. Judes has probably four or five homes on it and the
incidents of which we have to go there are very minor.
I have some concerns. I haven’t seen the plans in
a number of years for how this connection is going to be
made to that. So I would like to defer any recommendation
until I consult with Gene and Ken and see what that is
but if we are going to put more homes on that road, I would
be inclined to.
President Greenbaum: I agree with you. I am not talking
about putting more homes on that road. I think what we
are talking about is somehow and Gene and correct me if
I am wrong. My understanding is that, Elias would start
pretty much...
Mr. Buczynski: When you come off Mount Olive Road, you
pass the existing homes, just after #10 maybe a couple
hundred feet, there is an intersection. So I am saying
from Mount Olive Road to that intersection, you can still
keep that as Madison Avenue and then start Elias Drive
from there on to the development.
President Greenbaum: Okay, this is what I am going to
do. If we aren’t talking about additional homes,
it would be a very small number of additional homes, perhaps
two, or...
Mr. Buczynski: Additional homes where?
President Greenbaum: On Madison, no additional homes?
Mr. Buczynski: On existing Madison, no.
President Greenbaum: No, okay. So we are not talking about
changing the number of homes. What I am going to do is
to refer it to the Planning Board, I am going to ask Gene
to speak to the Police Chief and the Budd Lake Fire Department
and Budd Lake Rescue just to make sure everyone’s
on board with this. Gene you will get back to me, I will
then send a memo. I assume that the Administration doesn’t
have a problem with keeping...it’s a huge inconvenience
for people to have their street name changed, huge and
you can imagine, we have dealt with it many times up here.
So we will move that forward to try to ease that burden
on you.
Mrs. McGill: Okay. The other thing I wanted to reiterate,
it’s in the letter but right now with the two sections
of Madison Avenue, our section goes up to #10 and the other
section of Madison Avenue that’s broken off sort
of in the middle of where the new Toll Brothers development
would be going, their numbers run roughly from #40 - #70
and except for a delivery vehicle or someone trying to
find our residence, most people just give directions and
just say either go off of Mount Olive Road or go off of
Flanders Road turn at Wynnewood or Chelsea and go down
a few roads turn on Madison. Except for a few stray cases
like that, I don’t think there has been any confusion
between the two sides of Madison. Since there is no duplication
in the house numbers, I don’t think it would affect
any fire or emergency issues. Everyone’s has been
able to find it, if it’s #6 it’s one side of
the street and if it’s #46 it’s on the other
side of the street, so I don’t think there has been
any confusion.
President Greenbaum: We will try to fix that issue for
you.
Mrs. McGill: Thank you.
President Greenbaum: Okay, thank you.
Mary Rexford, 5 Madison Avenue: I live next to Laurie
who just spoke. I was at that last meeting when the name
change was postponed. First of all, I would like to thank
you for putting us on early in the evening where at that
meeting we had to out last everybody and try to make to
the end of the meeting, so thank you for your consideration
and thank you for listening so promptly. My specific concern,
I have been in my house 21 years now and do I want the
project? No. Can I stop the project? No, but I have to
tell you the last couple of weeks with 18 wheelers going
up and down a one block long street and parking on our
street and moving up and down the street all day and the
denuding of the forest is really brutal. I know you didn’t
get a chance to walk our little block but my specific concerns
are the elevation in the new section that is being totally
cleared now, with their dirt path up the road is much higher
than our portion of Madison Avenue. They have taken all
of the natural drainage away and all the absorption of
the trees away and what happens when it rains, is water
swoops down the hill, down Madison Avenue and I have the
lowest driveway and so it goes down the driveway into my
back yard and into my basement. Now I am assuming that,
as this project goes forward they will have some sort of
drainage roadside that is going to elevate that. I just
wanted to make the Township aware of that and until that
it is completed, it is a major problem for us.
President Greenbaum: I am going to make an effort during
the next heavy rain storm to come out to see how the water
is running off. Gene needs to be notified, which means
that you need to notify the town if you are seeing a lot
of soil leaving the property at this point in time. With
any excavation project, especially one of this size, you’re
going to see additional runoff from the property until
such time as the improvements can be put into place. The
drainage on site, the detention basins on site, we have
this with every property.
Mrs. Rexford: Somebody actually sent a street cleaning
machine down Madison Avenue this afternoon and it’s
the first time in 21 years I think it has ever made the
trip. So I am assuming that was in response to cleaning
up the dirt.
President Greenbaum: If there is an issue in terms of
the street not being cleaned, you need to notify the Township
immediately because we will make sure that Toll Brothers
stays on top of their responsibilities during the construction
phase.
Mrs. Rexford: Thank you.
Mr. Buczynski: Just regarding the drainage. As far as
once it’s.... during construction is one issue but
as far as the end when it’s widened it will be curving
and drainage on that section of the road so we shouldn’t
have a problem as far as more water going into the driveway
at the end of the construction. The only concern is to
make sure you don’t have a problem during construction.
Mrs. Rexford: Yes, and I am looking to talk to you.
Mr. Buczynski: Right after this, I will go right over...
Mrs. Rexford: I have two large trees in the front that
I think they are going take out and I want to know what
they are going to do about replacing them.
Mr. Buczynski: What’s your address?
Mrs. Rexford: #5 Madison Avenue. Gene, thank you.
Mr. Rattner: Gene, just following up on that. I heard
that she is having damage done to her property right now.
If you have water in your basement, that’s a direct
cause of the developer. They have to correct that and if
she has any damage, then she should be able to have the
developer pay for any clean up or anything else. If they
are causing the water onto her property, we’ve had
the issue before...
Mr. Buczynski: I can’t tell you, I don’t know.
This is the first I have heard of it.
Mr. Rattner: No, I am not saying but I am saying if it
is, then the developer has to make good, one thing immediate
correction but number two is if there was any damage, if
she had water in the basement that was their cause, they
would have to pay for any clean up, right?
Mr. Buczynski: Once it is verified of their concern, yes.
Mr. Rattner: Yes, that is why it is very important to
know right away when it happens.
Mrs. Rexford: Okay, thank you.
President Greenbaum: Okay, thank you. Is there anyone
else from the audience?
Christine Corpion, 8 Madison Avenue: All my concerns have
been addressed except for the tree. I am the owner of the
large pine tree up on the property. My concern is not that
they will pay to take it down but I would like it to be
saved if it could because I guess just part of the branches
are really not off my property.
Mr. Buczynski: After this, we can go over to the cafeteria
and go over it and give you some kind of an idea of what
is happening.
Mrs. Corpion: Okay. Right after this, right after?
Mr. Buczynski: As soon as we finish this and move to the
next item on the Agenda, I will go right to the cafeteria.
Mrs. Corpion: Okay, great thank you.
President Greenbaum: I can be reached through the Clerk’s
office. I have my cell phone number in there so if there
are any issues that come up, don’t hesitate to call.
Is that it for everybody who wanted to address an issue
this evening? Steve, did you have something?
Mr. Rattner: Yes, I have two issues. One, I heard again
now on Madison, I happen to live on Goldmine Road so I
have the same problem all you have I am just on the other
side. One of the things I know in the Developer’s
Agreement, there was actually a traffic pattern that they
had to follow, and we had that issue with the big construction
vehicles which we resolved. What happened during that short
time and I would imagine Madison is probably going to be
the same way, never was a regular road with a base and
I know on Goldmine Road if you go down you can see how
the crown is all cracked because when they had the big
22, 24 wheelers with those big pieces of equipment they
caused the sides of the road to go down, cracked right
on the crown and now the rest of it is starting to breakup.
The vehicles are still coming down the road. We thought
we had that resolved. In fact, today I saw I think it was
Frank Dolan had to pull off because...you know when you
have 12 feet worth of pavement there’s no room.
Mr. Buczynski: On Goldmine Road, Steve?
Mr. Rattner: Yes. It’s not the construction vehicles,
it’s the suppliers. Today a tandem, you know a truck
with another trailer behind it, I guess sewer pipe came
down.
Mr. Buczynski: They should not have come down from Route
46. They should have come down from 206.
Mr. Rattner: They come down on a regular basis when they
are dropping supplies. A lot of construction vehicles,
not as big as before...
Mr. Buczynski: Well, I need to know that because Toll
Brothers has already instructed all their suppliers to
come in off of 206 and not the existing Goldmine Road.
Mr. Rattner: Well, R. R. only uses my road it appears.
Mr. Buczynski: Well, if I don’t hear about it...you
can call me Steve, you have my number.
Mr. Rattner: I know, I thought we were resolving it. In
fact, today Frank Dolan had to pull off and actually back
up a little bit to let a truck go past. So we know and
I am hearing that maybe the same thing is happening on
Madison and I am sure, especially with being basically...it
was a dead end, it’s like a driveway. They can’t
get in and out and if they are pulling out when a truck
is pulling in, they are backing up just so the truck can
get by them. So we have to make sure that gets and if there
is any damage because those roads, I know until they put
the dead end sign on our road there was a 5 ton weight
limit. That’s because that is all that that road
could take with no base. So they should repair anything
that they have done damage.
Mr. Buczynski: Madison is going to be a new roadway when
it is done anyway.
Mr. Rattner: What about Goldmine Road that is all cracked
up which they repaved when they did the sewer?
Mr. Buczynski: We’ll have to look at it.
President Greenbaum: Is that it Steve?
Mr. Rattner: Yup.
President Greenbaum: I know that there has been vehicle’s
accessing the site also from Country Club Estates...Goldmine
Estates.
Mr. Buczynski: Woodbine Road?
President Greenbaum: Was it Woodbine?
Mayor Scapicchio: Yes.
Mr. Buczynski: I spoke to the Mayor this afternoon about
that. There was only two times, two situations, one was
they had to get in there to clear the trees in that location
because they couldn’t get anymore. That’s been
done, that operation has been done.
President Greenbaum: Maybe they should have just left
the trees if they couldn’t get to it.
Mr. Buczynski: That would be nice. The other thing right
now is the workers are accessing Woodbine Road by the jug
handle to get into the construction site. That’s
going to be for about another two more weeks until they
get the rest of the road with the storm drainage in from
Flanders Road. They should be putting gravel down there
and that is going to be the main entrance, Flanders Road.
There are no construction vehicles as far as I know using
Woodbine Road anymore. Yesterday there was a trailer, went
in to bring in their trailers for the site, their site
trailers. They came in off of Woodbine because their area
is right there, right off of Woodbine Road. There should
be no more construction traffic going through there.
President Greenbaum: As long as you are on top of it,
if I hear anything from the residents there I will let
you know.
Mr. Buczynski: Let me know because I have somebody there
pretty much everyday, if not all day a good portion of
the day, to keep us advised of the situation.
President Greenbaum: Does anyone else on Council have
anything to add? Anyone else from the audience?
Mr. Buczynski: If I could, I would be glad to go right
to the cafeteria now with those residents if they want
to meet.
Questions on Bill List?
President Greenbaum: Yes, that would be fine, thank you.
Okay moving on with the Agenda, I note that there were
questions on the Bill List that were submitted by Mr. Rattner.
Did you get answers to all of your questions, Steve?
Mr. Rattner: No, actually some of them are going to be...
President Greenbaum: Addressed.
Mr. Rattner: Well, they are going to be addressed but
they might be more complicated and could be discussed tonight.
One of them because of the list, every time I dig, and
I see Tim and Jim are here, is on First Vehicle Services.
I think rather than spend a lot of time on this and start
looking at everything individually because one thing is
going to raise another question, is that don’t have
a problem paying this bill. We still have a couple of months
of regular monthly bills so we are still holding a certain
amount of that money. I think we should reconcile exactly
what we have been billed for. The biggest concern that
I have is the fact the items that we have been charged
for as not in the contract or actually not contract items
because a lot of them to me seemed to be routine maintenance.
If routine maintenance or routine normal repairs are not
covered, you start wondering what did the contract cover?
President Greenbaum: It may have to do with the age of
the equipment.
Mr. Rattner: Or it could be a lot of different things.
I had a lot of different questions.
President Greenbaum: Well, what I suggest you do, Steve,
is put together a memo with regard to your billing questions
on First Vehicle and let’s get a response from the
Administration rather than deal with it this evening.
Mr. Rattner: Since we still have money left in the contract,
instead of spending that now I think we can do a better
job. I think it would be unfair to the Administration because
they only had a few hours with this long list and this
was just a sample of what I had. The next item that I had
was just, it was basically just a comment the one from
Garofalo, it appeared that we are being billed because
we questioned the bill because we asked him a question
on his bill.
Mayor Scapicchio: I saw that.
Mr. Rattner: I thought that was real interesting. It wasn’t
a big bill but just the fact that they did that. The one
with the Historic, Kathy already got to me and that’s
fine. That’s just understanding how much money we
are spending. I do have a concern with Paragon Village...you
already have an answer?
Mr. Sohl: We sent Paragon a letter. Catherine Natafalusy
sent a letter to Paragon telling them that we are going
to hold the check until...
Mr. Rattner: That was my suggestion, figuring we have
to hold something over their heads, we need that information.
Mr. Tepper: Until he gives us the correct answer?
Mayor Scapicchio: COAH is looking for a document called
the Market Analysis Plan.
Mr. Tepper: I think it’s his mortgage.
Mayor Scapicchio: No the mortgage we got.
Mr. Rattner: Whatever it is, we needed to get complete
certification. They wanted some money back under the same
program, if they are not going to help us. I mean that
is the only hammer we have.
Mr. Dorsey: We went through that today. We had a conversation
about that and we are going to withhold the payment.
Mr. Rattner: That’s what I said. So that’s
fine, that’s all I wanted.
Mr. Buell: I just have a couple questions. I unfortunately
didn’t get a chance to send Sherry a memo. Going
through the invoices, I noticed there was large number
of purchases of supplies. I hope we are not going through
the process that we have money in our balances and therefore
we are purchasing supplies, which is something that we
saw last year. So we should begin to look at those kinds
of regular purchases, I think at this point in time, to
make sure that’s not happening and we are not just
stockpiling things. I also just wanted to inform everybody
that the Toll Brothers litigation for about $20,000 is
back on this Bill List. We have not approved that on two
previous occasions. I know Mr. Dorsey has indicated that
we are going to have to pay it anyway, so at this point
in time I am satisfied, I have the answers. I don’t
agree with them necessarily, but I’ve got the answers.
The other one is also the Garofalo/ O’Neill bill,
I thought we had refused to pay that one simply because
we never authorized this. This has to do with the Ruggierio/De
La Roche appeal and I still won’t approve that one.
President Greenbaum: Is that it Jim?
Mr. Buell: That’s it.
Mr. Dorsey: I have one thing for Sherry. Sherry, did you
get my memo on getting back from you the invoices for legal
fees expended on...
Mrs. Jenkins: Yes, I did get it. Colleen is on vacation
this week. There are only two people so it is probably
not going to happen until next week John.
Mr. Dorsey: Okay because I want to sue for them.
Mrs. Jenkins: Understand.
President Greenbaum: Any other questions on the Bill List?
Jim, I assume you will make the appropriate motion at the
end of the meeting to remove whatever it is, just the legal
bill for Garofalo and O’Neill?
Mr. Buell: Yes. The legal bill for Garofalo and O’Neill
as I said at this point I am now going....
Mr. Rattner: The $35.00 one too?
Mr. Buell: That includes that. The other question I forgot,
Sherry, we got an add to the Bill List tonight. Were those
invoices in the package?
Mrs. Jenkins: They’re escrow, they’re here.
Mr. Buell: Okay, the list of added, those are just the
escrow list.
Mrs. Jenkins: It’s just the escrows yes.
APPROVAL OF MINUTES OF PREVIOUS MEETINGS
Oct. 10, 2006
Present: Mr. Buell, Mr. Tepper, Mr. Perkins, Mr. Rattner,
Mrs. Labow, Mr. Greenbaum
Absent: Mr. Biondi
Oct. 24, 2006 CS
Present: Mr. Buell (recused), Mrs. Labow, Mr. Tepper, Mr.
Greenbaum, Mr. Rattner, Mr. Perkins & Mr. Biondi
Absent: None
President Greenbaum: Moving on, Approval of Minutes from
previous meetings. October 10, 2006 and October 24, 2006
CS. Mr. Tepper, do you want to move those please?
Mr. Tepper: Yes, Mr. President. I move for the approval
of Minutes of October 10, 2006 and October 24, 2006.
Mrs. Labow: Second.
President Greenbaum: Any questions, deletions, comments?
Seeing none, Roll Call.
ROLL CALL: Passed Unanimously with the exception, Mr.
Buell abstained on October 24, 2006, Mr. Biondi abstained
on October 10, 2006
CORRESPONDENCE
LETTERS FROM RESIDENTS / ORGANIZATIONS
1. Letter received October 27, 2006, from PMK Group Environmental
regarding EPA Announces DPW Environmental Compliance Initiative.
2. Letter received November 2, 2006, from Yvonne Lee Urena
regarding Flanders Yoga Studio.
3. Letter received November 20, 2006, from Lori McGill
regarding concerns about Toll Brothers / Morris Chase Subdivision.
MUA / HMUA / MSA
4. Minutes received October 25, 2006, from Morris County
Planning Board regarding September 21, 2006 meeting.
5. Letter received October 27, 2006, from Musconetcong
Sewerage Authority regarding Comments on Public Hearing
held on October 10, 2006 by the New Jersey Clean Water
Council, “Improving Water Quality Planning and Management.”
6. Minutes received November 3, 2006, from Musconetcong
Sewerage Authority regarding October 4, 2006, meeting.
7. 2007 Musconetcong Sewerage Authority Budget received
November 20, 2006, from the Department of Community Affairs.
RESOLUTIONS / ORDINANCES / CORRESPONDENCE OTHER TOWNS
8. Resolution received October 23, 2006, from General
Assembly of New Jersey regarding urging Bipartisan Action
by the State Legislature on Ethics Reform.
9. Resolution received October 23, 2006, from City of
Summit regarding Lackawanna Cut-Off – Urging Discontinuing
of State and Federal Funding.
10. Ordinance received October 23, 2006, from Washington
Township regarding Land Use.
11. Letter received October 23, 2006, from Township of
Roxbury regarding Build-out and Capacity Analysis for Roxbury
Township as a Technical Report of the Master Plan.
12. Resolution received October 25, 2006, from Township
of Parsippany-Troy Hills regarding adoption of Assembly
No. 3444 and Senate, No. 2183 and to introduce an Amendment
to these Measures to Restore “Cap Banking” to
Its Previous Status as it existed prior to 2004.
13. Resolution received October 27, 206, from Township
of Hardyston regarding request verification that sewer
service area approvals and Center Designations will not
be modified in any Manner as a result of the Highlands
Master Plan without the consent of the Municipal Governing
Body.
14. Letter received October 30, 2006, from Borough of
Chatham regarding provision for defense and indemnification
of Municipal Police Officers and Police Departments Voluntarily
serving on State and County Law Enforcement Task Forces.
15. Resolution received November 2, 2006, from Township
of Hanover regarding support of Defense and Indemnification
for County and Municipal Law Enforcement Officers who are
subject to litigation arising out of the lawful exercise
of their police powers while assigned to and working under
the supervision of the State or County Prosecutor.
16. Resolution received November 2, 2006, from Township
of Hanover regarding Ethics Reform.
17. Resolution received November 2, 2006, from Township
of Jefferson regarding Consent Agenda Resolution Petitioning
the State Legislature to Ban Phosphorus-Based Fertilizers.
18. Letter received November 6, 2006, from Washington
Township regarding Public Hearing on Master Plan–Land
Use Element.
19. Letter received November 13, 2006, from Township of
Roxbury regarding Build-out Capacity Analysis for Roxbury
Township as a Technical Report of the Master Plan.
20. Resolution received November 13, 2006, from Township
of Long Hill Regarding requiring the State Attorney General
to provide a Defense and Indemnification for County and
Municipal Law Enforcement Officers who are subject to litigation
arising out of the Lawful Exercise of their Police Powers
while
assigned to and working under the supervision of the State or County Prosecutor.
21. Resolution received November 13, 2006, from Towns
of Boonton regarding The Morris County Legislative Delegation
to Support the Adoption of Assembly No. 3444 and Senate
No. 2183 and to introduce an amendment to these measures
to restore “Cap Banking” to its previous status
as it existed prior to 2004.
22. Letter received November 15, 2006, from Washington
Township regarding Adoption of Master Plan – Amendment
Land Use Element.
23. Notice received November 20, 2006, from Township of
Chester Regarding Public Meeting concerning Kressler Institute
for Rehabilitation, Inc.
24. Resolution received November 20, 2006, from Township
of South Brunswick regarding Responding to the U.S. Army
Corps of Engineers Final Environmental Impact Statement
Regarding Proposed Route 92
25. Ordinance received November 22, 2006, from Township
of Byram regarding Land Use.
COAH
26. Letter received November 20, 2006, from State of New
Jersey, Council on Affordable Housing regarding re-petition
for substantive certification of the Township’s housing
element and fair share plan.
LEAGUE OF MUNICIPALITIES
27. Letter received October 25, 2006, from New Jersey
State League of Municipalities regarding League Policy
Summit.
28. Legislative Bulletin received October 30, 2006, from
New Jersey State League of Municipalities regarding Bills
that were enacted as Public Laws of 2006-2007.
29. Annual Survey received November 16, 2006, from New
Jersey State League of Municipalities.
30. Seminar Information received November 16, 2006, from
New Jersey State League of Municipalities regarding Newly
Elected and Reelected Officials.
31. Legislative Bulletin received November 17, 2006, from
New Jersey State League of Municipalities regarding bills
that were enacted as public laws of 2006-2007.
DOT / DEP / LOI / HIGHLANDS
32. Letter received October 23, 2006, from Spillane Engineering
Associates, LLC regarding Highlands Applicability Application
for Block 8500, Lot 10 (123 Mine Hill Road)
33. Letter received October 23, 2006, from State of New
Jersey, Department of Environmental Protection regarding
Agency Determination: Highlands Act-Exempt, Water Quality
Management Plan – Not Addressed for JCP&L Drakestown
Substation Block 8400, Lot 3 (6 Naughright Road)
34. Letter received October 25, 2006, from State of New
Jersey, Department of Transportation regarding Traffic
Engineering and Investigation along Route 206, Flanders.
35. Letter received October 25, 2006, from Giordano, Halleran & Ciesla
regarding Fox Chase – Single Family Residential Subdivision,
Highlands Exemption Request.
36. Letter received October 27, 2006, from State of New
Jersey, Department of Transportation regarding Safe Routes
School Program.
37. Letter received October 30, 2006, from State of New
Jersey, Department of Environmental Protection regarding
Extension of Time, Treatment works approval No. 03-0438 – Morris
Chase, Lot 79, Block 4400, Goldmine Road.
38. Letter received October 30, 2006, from DIG Engineering
company regarding Freshwater Wetlands GP-
Permit Application – Block 7600, Lot 62 (117 Mount
Olive Road)
39. Letter received October 30, 2006, from EcolSciences,
Inc. regarding Application for a Letter of Interpretation – Line
Verification for Block 4100, Lot 62 (135 Route 46)
40. Letter received November 1, 2006, from State of New
Jersey, Department of Environmental Protection regarding
Highlands Applicability and Water Quality Management Plan
Consistency Determination Application Form for Norrie,
Single Family Home Block 1201, Lot 7 (77 Crease Road)
41. Letter received November 1, 2006, from State of New
Jersey, Department of Environmental Protection regarding
Letter of Interpretation – Line Verification – Withdrawal
of Highlands Resource Area Determination Application. Applicant:
Princeton Alliance Church Block 7000, Lot 87 (1 River Road)
42. Letter received November 1, 2006, from EcolSciences,
Inc. regarding Application for an Extension of Letter of
Interpretation: Line Verification Block 4500, Lots 35 and
36. (104-106 Route 206 and 3 Eden Lane)
43. Letter received November 16, 2006, from State of New
Jersey, Department of Environmental Protection regarding
In Lieu of Tax Payment.
44. Letter received November 17, 2006, from State of New
Jersey, Department of Environmental Protection regarding
Final Solid Waste Facility Permit for a SW Transfer Station
Permit, Morris Co. MUA.
45. Letter received November 20, 2006, from State of New
Jersey, Department of Environmental Protection regarding
Former Kartar Corporation – Former Sunoco Service
Station, 341 Route 46 – Remedial Action Work plan.
46. Letter received November 20, 2006, from Commissioner
Kris Kolluri, Esq. regarding Funding for Mount Olive from
the NJDOT Fiscal Year 2007 Municipal Aid Program for Naughright
Road.
47. Letter received November 22, 2006, from State of New
Jersey, Department of Environmental Protection regarding
Deficiency Letter for Application for Extension of a Transition
Area Waiver – Averaging Plan and General Permit No.
11 Applicant: Toll NJ1, LLC Block 4400, Lots 86 and 108.
(39 Soverign Drive and 152 Flanders Netcong Road)
DCA
48. E-mail received October 24, 2006, from Department
of Community Affairs regarding 2006 Shared Services Survey,
New and Improved SHARE Program, CY 2007 Budget Cost of
Living Allowance Rate, 2007 Authority and Fire District
Budget, Local Finance Notice 2006-16, The NJ Historical
Commission, League of Municipalities 91st Annual Conference
and Discussion Forums: questions of Clerks.
49. E-mail received November 6, 2006, from Department
of Community Affairs regarding Local Finance Notice 2006-21,
2006 Shared Services Survey, The Department of Treasury,
New and Improved SHARE Program, CY 2007 Budget Cost of
Living Allowance Rate, 2007 Authority and Fire District
Budget Forms, Local Finance Notice 2006-16, Smart Growth,
The New Jersey Historic Trust, NJ Historical Commission,
League of Municipalities 91st Annual Conference and Discussion
Forums.
TORT
50. Construction Lien received October 30, 2006, from
Donald Scholl, Jr. regarding Mount Olive Childcare Learning
Center.
51. Tort Claim received October 30, 206, from Robert Jones
regarding Barry Fitzpatrick, Rosita Romero- Munoz and Daska
Novia – Date of Accident: 9/27/06.
MISCELLANEOUS
52. E-mail received October 27, 2006, from Events by Lieberman & Blecher,
P.C. regarding Complimentary Breakfast Seminar: NJ’s
Threatened & Endangered Species.
53. Information received October 27, 2006, from National
League of Cities regarding Conference Workshop information.
54. Letter received November 1, 2006, from Glenn Geiger
regarding Combe Fill North Landfill Site (Block 4100, Lot
10).
55. Information received November 2, 2006, from New Jersey
Planning Officials regarding Dues Notice and Membership
information.
56. Information received November 7, 2006, from Whippany
River Watershed Action Committee regarding Seminar for
Initiatives and Projections Impacting your Community’s
Water Supply.
57. E-mail received November 16, 2006, from Division of
Community Development, County of Morris regarding Project
Homeless Connect.
58. Letter received November 16, 2006, from Secure the
Call Foundation regarding collection and redistribution
of cell phones.
59. Letter received November 20, 2006, from Heritage Conservancy
regarding Free Low Impact Development Training Program
for Municipal Officials with in the Musconetcong Watershed.
60. E-mail received November 22, 2006, from Delaware River
Basin Commission regarding A Multi- Jurisdictional Flood
Mitigation Plan for the Non-Tidal New Jersey Portion of
the Delaware River Basin.
UTILITIES
61. Fax received October 26, 2006, from Comcast regarding
Channel Adds and Deletions.
62. Letter received October 30, 2006, from Comcast regarding
the addition of Channels.
63. Letter received November 6, 2006, from Verizon regarding
Notice of Verizon New Jersey Filing with the Office of
Cable Television for Grant of System – Wide Franchise.
LETTERS FROM LEGISLATIVE REPRESENTATIVES
64. Notice received October 26, 2006, from Assemblyman
Guy Gregg regarding Toys for Tots.
65. E-mail received November 17, 2006, from Congressman
Frelinghuysen regarding House Approves Additional Benefits
for Disabled Service Members; STOP Act passes House, Two
New Destinations for Washington, D.C. Visitors.
President Greenbaum: There are 65 pieces of correspondence
on the amended Agenda. Does anyone wish to discuss any
particular piece of correspondence?
Mr. Buell: Yes #36. It has to do with the letter from
Toll Brothers to the Department of Environmental Protection
regarding the extension of time again for the Morris Chase.
President Greenbaum: Are you looking at the amended Agenda,
#37?
Mr. Buell: Okay.
Mr. Biondi: It’s 37.
Mr. Buell: It’s 37?
President Greenbaum: October 30, 2006 letter?
Mr. Buell: Yes. Is there anything we can do as a Council,
or should we make a resolution requesting that the Department
of Environmental Protection not grant this extension. Can
we?
Mr. Dorsey: Well, you certainly can make that recommendation.
Do we have...I don’t want to use the word intelligent,
do we have a reasonable basis and reasons to make that
recommendation?
Mr. Tepper: An unreasonable extension in time of basically
what they are asking for....
Mr. Dorsey: This is actually, its letter #37.
President Greenbaum: Thirty-seven. Well, we will take
a look at that issue.
Mr. Dorsey: We can always send them a resolution to that
effect.
President Greenbaum: I think we have to be very careful
in terms of the way we approach any issues regarding that
Toll Brothers development because of the courts position,
Mr. Dorsey feels otherwise.
Mr. Dorsey: Well, I think we can always express our position
if we have some reasonable basis. I mean I like what Russ
says. I understand they are now requesting a six year additional
expansion. That would make a total approval period of 20
years.
President Greenbaum: Those are the same arguments that
were made before the Superior Court when it was 14 years
and the court rejected 14 years as a period of time that
was not unreasonable...not excessive.
Mr. Dorsey: I don’t want to disagree with the Council
President because we know he is a very experienced litigator.
It seems to me that those arguments were made within a
very kind of fixed framework in which Morris Chase had
done a number of things almost bringing them to the point
that they needed to be in order to get those extensions.
I remember when we were talking about six years, when that
matter was before the court last year. We were talking
about one year further extensions.
President Greenbaum: I have no problem writing a letter.
I don’t think we need to adopt a Resolution do we?
I think we just write a letter indicating that...... Can
you draft such a letter for us Mr. Dorsey?
Mr. Dorsey: I can.
Mr. Tepper: I would like to understand the need for it.
President Greenbaum: What’s that?
Mr. Tepper: I would like to understand the need, why they
are unable once again to complete what they were supposed
to in the timely fashion.
President Greenbaum: I think at this point anything that
we can throw into the works may work to our advantage from
a leverage perspective. Mr. Dorsey, the articulate Township
Attorney, has convinced me. Okay, any other discussion
on any other piece of correspondence?
ORDINANCE FOR PUBLIC HEARING
President Greenbaum: We have one ordinance for public
hearing this evening entitled:
Ord. #30-2006 An Ordinance of the Township Council of
the Township of Mount Olive to Amend the Salaries of Certain
Non-Union Personnel for the Year 2006.
President Greenbaum: Mr. Buell, do you want to move that
please?
Mr. Buell: Yes. I move Ordinance #30-2006.
President Greenbaum: Actually, before you move it, just
take it back. I am going to open it up to the public before
it gets moved. Is there anyone from the public who wishes
to be heard? Seeing none, I close it to the public. Now
you can move it.
Mr. Buell: I move Ordinance #30-2006.
President Greenbaum: Okay, is there a second?
Mr. Biondi: Second.
President Greenbaum: Is there any discussion? Roll Call
please.
ROLL CALL: Passed Unanimously
President Greenbaum: Ordinance #30-2006 is 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 12/19/06
President Greenbaum: This evening we have one ordinance
for first reading entitled:
Ord. #34-2006 Ordinance Appropriating $418,412 for the
Acquisition of the Mandelbaum Property in and by the Township
of Mount Olive, in the County of Morris, New Jersey. (*Added)
President Greenbaum: Mr. Tepper, do you want to move that
please?
Mr. Tepper: Certainly, I move that Ordinance # 34-2006
be introduced by title, and passed on first reading,
and that a meeting be held on December 19, 2006 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. Biondi: Second.
President Greenbaum: Any discussion? 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
1. Resolution of the Township Council of the Township
of Mount Olive Urging the Continuation of State and Federal
Funding for the Lackawanna Cutoff Project.
2. Resolution of the Township Council of the Township
of Mount Olive Authorizing the Release of Guarantees Posted
by Ken’s Barns and Gazebos.
3. Resolution of the Township Council of the Township
of Mount Olive Awarding a Contract to Penske Group in the
Amount of $546,295.00 for Fleet Maintenance Service for
the Year 2007.
4. Resolution of the Township Council of the Township
of Mount Olive Approving Change Order #4 and Final Payment
to the Contract for Renovations to the former Library for
Use by the Mount Olive Child Care and Learning Center.
5. Resolution of the Township Council of the Township
of Mount Olive Authorizing a Contract with Dingee Machine
Company for the Installation of a Compressed Air Foam System.
(amended)*
6. Resolution of the Township Council of the Township
of Mount Olive Authorizing the Cancellation of Various
Grant Balances.
7. Resolution of the Township Council of the Township
of Mount Olive Authorizing the Withholding From Tax Sale
Special Assessment Installments Not yet Due.
8. Resolution of the Township Council of the Township
of Mount Olive Approving a Correction to Change Order #4
Previously Approved for Suburban Consulting Engineers,
Inc., for Services on the DPW Garage Facility Project.
9. Resolution of the Township of Mount Olive Authorizing
the Use of Various Purchasing Contracts.
10. Resolution of the Township Council of the Township
of Mount Olive Authorizing that Block 1801, Lot 6.05 Be
Removed from the 2006 Tax Sale.
11. Resolution of the Township Council of the Township
of Mount Olive Correcting the Dollar Amount of Mandatory
Development Fees to be Returned to Paragon Village.
12. Resolution Supporting Assembly Bill No. 3563 Requiring
the State Attorney General to Provide a Defense and Indemnification
for County and Municipal Law Enforcement Officers who are
Subject to Litigation Arising out of the Lawful Exercise
of their Police Powers While Assigned to and Working Under
the Supervision of the State or County Prosecutor.
13. 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.
14. Resolution of the Township Council of the Township of Mount Olive Authorizing
a Notice to be Sent to the Property Owners of 14 Crossing Drive and 21 Woodcrest
Avenue with Regard to Sidewalk Repairs.
16. Resolution of the Township Council of the Township
of Mount Olive Authorizing the Services of North Star for
Removal of the Baptist Church Steeple for Repairs.
17. Resolution of the Township Council of the Township
of Mount Olive Urging and Requesting the New Jersey Transit
to Provide Midtown Direct Service from Mount Olive to New
York City.
18. Resolution of the Township Council of the Township
of Mount Olive Authorizing Materials and Equipment for
Emergency Stabilization of the Seward House. (*Added -mistakenly
not put on previously)
President Greenbaum: There are 17 resolutions, #15 was
put on Non Consent. So it is #1-14, #16-18. Does anyone
wish to have....yes are you going to pull the...
Mr. Sohl: No, I am just going to indicate that I would
like to, I believe it would be accurate to move #3, the
Fleet Maintenance one, to the Non Consent. We have to make
a change relative to a technical point.
President Greenbaum: Okay, we will move #3, which one
Colleen?
Mrs. Labow: Number seventeen.
President Greenbaum: Okay we will move #17 to Non Consent.
Mr. Rattner: And number eleven.
President Greenbaum: And eleven to Non Consent. Okay,
that leaves us with #1, 2, 4 - 10, 12 – 14, 16, and
18 on the Consent Resolutions Agenda. Mr. Rattner, do you
want to move that please?
Mr. Rattner: I move Consent Agenda and that includes resolutions
#1, 2, 4 - 10, 12 – 14, 16, and 18.
President Greenbaum: Is there a second?
Mr. Tepper: Second.
PUBLIC PORTION ON CONSENT RESOLUTIONS
President Greenbaum: Is there anyone from the public who
wishes to be heard on any of the resolutions on the Consent
Resolutions Agenda? Yes ma’am, can you please come
up and state your name and address. First of all, let me
congratulate you on the Mandelbaum property purchase, another
job well done.
Mrs. Murphy: Thank you. Can we just move #16 to Non Consent
please?
President Greenbaum: It has already been moved, do you
want to amend the motion to put #16 on the Non Consent?
Mr. Rattner: I amend my motion to exclude Resolution #16
from the Consent Resolutions.
Mrs. Labow: Second.
President Greenbaum: You seconded it originally?
Mr. Tepper: Second, whatever.
PUBLIC PORTION ON INDIVIDUAL RESOLUTIONS
President Greenbaum: It has been moved to the Non Consent.
Is there anyone else from the public who wishes to be heard
on any of the resolutions on the Consent Resolutions Agenda,
seeing none.
COUNCIL COMMENTS ON INDIVIDUAL RESOLUTIONS
President Greenbaum: Is there any Council discussion?
Roll Call please.
ROLL CALL: Passed Unanimously with the exception Mr. Rattner,
abstained on #4.
RESOLUTIONS NON CONSENT
President Greenbaum: We are up to the Non Consent Resolutions.
The first is #3 entitled:
3. Resolution of the Township Council of the Township
of Mount Olive Awarding a Contract to Penske Group in the
Amount of $546,295.00 for Fleet Maintenance Service for
the Year 2007.
Mr. Dorsey: Number three if everyone one would look at
it, I can do this for you very quickly. On the very last
line of that resolution, it starts off $546,295.00. We
have to insert, we have to change the last line so it will
read as follows: “$546,295.00 for the first year
of a five year contract. Specifically with the right of
the Township to terminate the contract on each anniversary
date by way of a 60 day prior notice of cancellation with
the service to commence on January 1, 2007.”
President Greenbaum: The resolution as amended is acceptable
to the Administration?
Mayor Scapicchio: Absolutely.
Mr. Dorsey: They asked for it.
Mr. Tepper: It doesn’t matter. The last Administration
used to ask and then say no.
Mr. Biondi: Here, here now, be nice.
President Greenbaum: Mr. Rattner do you want to move that?
Mr. Rattner: Yes, I move the resolution of the Township
Council of the Township of Mount Olive Awarding a Contract
to Penske Group in the Amount of $546,295.00 for Fleet
Maintenance Service for the Year 2007.
Mr. Dorsey: As amended.
Mr. Rattner: As amended.
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? Is there anyone
on Council who wishes to be heard? Roll Call please.
ROLL CALL: Passed Unanimously
President Greenbaum: The next resolution on the Non Consent
Resolutions is:
11. Resolution of the Township Council of the Township
of Mount Olive Correcting the Dollar Amount of Mandatory
Development Fees to be Returned to Paragon Village.
President Greenbaum: Mr. Rattner do you want to move it?
Mr. Rattner: Yes, I move Resolution #11 as read.
President Greenbaum: Is there a second?
Mr. Tepper: Second.
President Greenbaum: Moved and seconded. Is there anyone
from the public?
Mr. Rattner: Yes, I just wanted to make sure that it is
on the, that we put it on the public record at this time,
that the Administration is going to withhold the payment,
the refund, until we get the information we need to complete
our application to COAH.
Mrs. Labow: Okay, so you’re not going to approve
this one then?
Mr. Rattner: We are going to approve it. We know we owe
them the money. They are just not going to pay them until...we
owe them this money yes, so we are going to approve that.
President Greenbaum: Does anyone else have any comment?
Mrs. Labow: Okay, so we are approving the payment but
we are not sending it out.
President Greenbaum: Okay, any other comments, any other
relevant comments? Roll Call please.
ROLL CALL: Passed Unanimously
President Greenbaum: We are up to # 15 entitled:
15. Resolution of the Township Council of the Township
of Mount Olive Authorizing a Contract with David Bogert
for the Stabilization of the Seward House at the Rate of
$52.00 an Hour for Approximately 1000 Hours. (*Moved to
Non Consent)
President Greenbaum: Mr. Biondi, could you move that please?
Mr. Biondi: Thank you, Mr. President. I move Non Consent
Resolution #15 for approval.
Mrs. Labow: Second.
President Greenbaum: Any discussion from the public? I
had asked that it be put on Non Consent. There was an issue
that was raised at our workshop as to whether or not it
was appropriate to award this contract, or whether or not
it was something which needed to be bid out. Based upon
the recommendation of the Administration that it was an
emergent matter to stabilize the house and I believe that
we have had a legal opinion which indicates based upon
that piece of information that we are able to move forward
with this contract. Is that correct Mr. Dorsey?
Mr. Dorsey: Yes, I want to make it very specific. Kathy
has advised me that she has a letter from the architect
for this project who advises that the stabilization of
this building is necessary immediately if it is able to
withstand the inclement weather which is not today, but
is expected within a very short period of time. In other
words, we are talking about stabilizing the structural
portions of this building in order to prevent its collapse.
Those collapses are as you know hastened by heavy snow
storms, accumulations of snow and ice. So the choice appears
to be that you either proceed with this on an emergent
basis or you will not get the necessary work accomplished
before the building is further weakened and or destroyed.
This would mean that all the money that the Township has
spent in this effort thus far would be wasted and, therefore,
I think it’s a
worthwhile approach to say that this is indeed an emergent
situation unless you believe that we will have no further
cold weather and no further snow or ice during the winter.
President Greenbaum: Okay.
Mr. Rattner: We could pass a resolution banning it.
President Greenbaum: Is there any discussion? Roll Call
please.
ROLL CALL: Passed Unanimously
President Greenbaum: We are up to Resolution #16 entitled:
16. Resolution of the Township Council of the Township
of Mount Olive Authorizing the Services of North Star for
Removal of the Baptist Church Steeple for Repairs.
President Greenbaum: Mrs. Labow, do you want to move that
please?
Mrs. Labow: I move resolution #16.
Mr. Biondi: Second.
President Greenbaum: Moved and seconded, Kathy.
Mrs. Murphy: In lieu of the some vandalism issues that
we have had on some projects, for another $200 the contractor
is willing to move that steeple up here behind the Municipal
Building and then use a crane to drop it off in a more
secure spot and given the historic nature of it that, that
would be the best option.
President Greenbaum: So you are looking to amend the resolution.
Mrs. Murphy: Amend the resolution, add $200.00.
President Greenbaum: Add $200.00 and the money will be
coming from where, the same place....
Mrs. Murphy: It’s out of the Grant.
President Greenbaum: Sherry, the money is available?
Mrs. Jenkins: Yes.
President Greenbaum: I assume that Colleen, you are prepared
to agree to the amendment to change the number to add an
additional $200.00?
Mrs. Labow: Yes, agreed.
President Greenbaum: Who seconded?
Mr. Biondi: Second.
President Greenbaum: Okay, it was seconded. Did you originally
second it John?
Mr. Biondi: Probably not.
Mrs. Masser: I don’t know I couldn’t even
hear who seconded it.
President Greenbaum: Okay, John seconded and agreed to
the amendment.
Mr. Biondi: Just did it again.
President Greenbaum: Is there anyone else from the public,
anyone on Council? Roll Call please.
ROLL CALL: Passed Unanimously
President Greenbaum: We are up to the last resolution
on the Non Consent Resolutions Agenda it is:
17. Resolution of the Township Council of the Township
of Mount Olive Urging and Requesting the New Jersey Transit
to Provide Midtown Direct Service from Mount Olive to New
York City.
President Greenbaum: Mrs. Labow, do you want to move that
please?
Mrs. Labow: I move Resolution #17.
President Greenbaum: Is there a second?
Mr. Biondi: Second.
President Greenbaum: Seconded by Mr. Biondi. Anyone from
the public?
Mrs. Labow: I just wanted to pull this off of Non Consent
because I know the reason that it doesn’t go into
midtown is because they stopped, they won’t allow
it because...what is it they will only allow electric through
to New York?
Mr. Rattner: Right.
Mrs. Labow: I just wanted to make sure that everyone’s
in agreement with the resolution before we send it forward.
I mean even though we know it’s not possible, just
maybe let them just send it on and see what we can work
out.
Mr. Rattner: We also have to look... you know they are
working on the Lackawanna cut off which means they are
going to have the trains going all the way to Stroudsburg
again. I think everybody is aware that the electrification
stops in Dover and that’s why that’s where
you change. At least let them know we think it makes sense
and if they are going to be running the lines, let that
be in the planning. Maybe this is one way of getting it
up there.
Mrs. Labow: Okay.
President Greenbaum: Any other Council comment? Roll Call
please.
ROLL CALL: Passed Unanimously
MOTIONS
2. Approval of Raffle Application #2171 for the Mt. Olive
Historical Society; Raffle Application #2172 and Bingo
Application #2173 for K of C #6100 Fr. Joseph A. Cassidy
Council and Raffle Application #2174 for the Parents Club
Mt. Olive High School.
President Greenbaum: Mr. Buell, do you want to move the
Motions on the Amended Agenda please?
Mr. Buell: I move for the Approval of Raffle Applications.
President Greenbaum: Is there a second?
Mr. Rattner: Second.
President Greenbaum: Moved and seconded. Any discussion?
Roll Call please.
ROLL CALL Passed Unanimously with the exception, Mrs.
Labow abstained on #2174
3. Bill List.
President Greenbaum: Mr. Tepper, do you want to move the
Bill List? Mr. Buell is going to amend, unless you want
to make that motion to remove the payments to Garafalo
and O’Neill, or whatever the name of the law firm
is...Garafalo and Pryor. Do you want to move it, either
one of you? Mr. Buell, do you want to move the Bill List?
Mr. Buell: Yes, let me move the Bill List but I would
like to amend it to strike invoice # 06559-4-5-6 to Garafalo
and Pryor for the reason that we have not authorized the
payment of these monies.
President Greenbaum: Is there a second?
Mrs. Labow: Second.
President Greenbaum: Any discussion? Roll Call.
ROLL CALL: Passed Unanimously with the exception, Mr.
Rattner abstained on Carter Construction because of a relationship
with Mount Olive Child Care and Learning Center
ADMINISTRATIVE MATTERS
Status of Library Grant Monies to be Turned Over to Twp.
Library Board Report
President Greenbaum: That concludes the Motion portion
of our Agenda. We are up to Administrative Matters. Is
there anything additional to report at this point in time
Mayor?
Mayor Scapicchio: Rob, you have two items under old business
and that is the status of the grant monies that the Library
is presently holding onto. I am confident that at the next
board meeting of December 13th that issue will be resolved.
You are all in receipt of a memo from Rita Hilbert dated
November 24, 2006. She tells us the handicapped parking
quotes or quote has come in at about $85,000. There is
also somewhat of a breakdown, although not detailed, it’s
categorized of some outstanding liabilities and they total
about $300,000. Rita has classified approximately $290,000
of that amount as subject to negotiation.
Mayor Scapicchio (Cont’d): I am not quite sure what
that means but we will find that out on the 13th. In further
discussions with Rita about the $100,000 grant monies that
are left over are still remaining at the State level. She
said at one point in time that Jerry Sheard, the Board
President, had sent a letter requesting an extension of
that grant money. That request was denied. I asked Rita
what her intentions were and she was going to have Jerry
resend a new letter with both him and the Library Board’s
Attorney both signing that. I asked what difference another
signature would make in terms of them granting that extension
and I didn’t get an answer to my satisfaction. I
am not quite sure how we should move or how we could move
forward. It would be nice if we could do something before
the 13th of December to try to protect that money. Maybe
the best course of action is to have Mr. Dorsey speak with
the Library Board’s Attorney because it has something
to do with litigation in terms of the architect not wanting
to sign off on that project because he feels he is owed
money.
Mr. Tepper: Consistent with that, could we have Mr. Dorsey
contact the architect/ Blackstone and explain that if they
jeopardize the $100,000 that we will look to hold them
liable.
Mr. Dorsey: Wait, Blackstone is the contractor.
Mrs. Labow: Kowal is the architect.
Mr. Tepper: So I mean if the architect is delaying this
because of a bill and the work is being completed. He can
identify that there is an exposure or potential liability
but that should not preclude him from signing off.
President Greenbaum: I agree.
Mayor Scapicchio: It is my understanding that there are
some minor punchlist items and I guess he is using that
as leverage.
President Greenbaum: Leverage to the extent that we are
going to lose $100,000 is not leverage, its blackmail.
Mayor Scapicchio: I am sharing that information and I
think Mr. Dorsey needs to talk.....
President Greenbaum: Mr. Dorsey will write the appropriate
letter indicating that the Township expects him to sign
off on the document.
Mayor Scapicchio: Then I am sure at the next board meeting...
Mr. Dorsey: I will do that if somebody gives me a memo
giving me his name and address.
Mayor Scapicchio: We will make sure you get that tomorrow.
President Greenbaum: I guess at this point we need put
back on the $100,000 that we have withheld from the Library
contribution for the next meeting Sherry. We still have
$100,000 of contribution that hasn’t been turned
over to the Library so we need to put that... process that
through.
Mr. Rattner: Well, I can tell you one thing, if they generated
a $100,000 loss, I say they have to cover it out of their
operating expenses to reimburse us because that $100,000
was a reimbursable expense that is on our books today as
a receivable. So I will not support it.
President Greenbaum: I am not sure that we, from an accounting
perspective and as the State law requires that we can do
that. That’s an issue which we tangentially addressed
when we withheld the payment in the first instance.
Mayor Scapicchio: Rob, your next public meeting is the
19th of December?
President Greenbaum: Yes.
Mayor Scapicchio: I would think that after our meeting
of the 13th, we should have some more detailed information
before you have to make that decision, that may help you...
President Greenbaum: We will put it on for processing.
We will deal with it as a Bill List item on the 19th.
Mrs. Labow: Mayor Scapicchio, have you reached out to
the State to find out why they denied Mr. Sheard’s
request, actually called them?
Mayor Scapicchio: I have not personally, Sherry have you?
I know we briefly talked about that. I am not sure if I
gave you the direct instructions to do that.
Mrs. Jenkins: I have talked to them about other things
but not that issue.
Mayor Scapicchio: The answer is no.
Mrs. Labow: Can we do that, just because maybe we can
find out what exactly the reason is and copies of the letter
as to why they rejected it, just to read it for ourselves.
Mayor Scapicchio: We will do that.
President Greenbaum: Do you want to come up to the podium?
Mrs. Jeska: Do I have to?
President Greenbaum: Yes. Otherwise, you don’t get
picked up on the tape and you have to state your name and
address for the record.
Suzanne Jeska: I just wanted to say that I will work with
the new Library Board and try to get this issue closed
and resolved by December 13th and with the Mayor also.
So we will work toward resolving that.
President Greenbaum: Thank you. Any other Library issues?
Are there any other Administrative issues before we get
to Old Business?
OLD BUSINESS
Status of Charters Farm
President Greenbaum: Okay, then the first item on Old
Business is going to be the status of Charters Farm. You’ve
had an easy night so far Bill.
Mr. Sohl: I know.
Mrs. Murphy: The soil has been removed. The contractor
has been getting all the reports filed with DEP and we
will have to wait for our final letter of no further action.
We also expect Frank Pinto to be coming to Council, probably
next month to discuss the sale process and we authorized
tonight for Perkoski to go in and get those fields taken
care of.
President Greenbaum: Okay and then Morris County has obviously
been kept in the loop in terms of the project...
Mrs. Murphy: Yes, they are aware of all of our expenses
and the status of all the ongoing issues.
Mr. Dorsey: Kathy, if we authorized Perkoski tonight,
obviously it seems to me after this long wait that we are
in a position through the County to finalize the specifications
for the sale of the property. Did we give Perkoski a lease
tonight that would interfere with that sale?
Mrs. Murphy: No. This actually is done with the blessing
and request of the County to do this because we want to
get the fields dressed and cleared there has been some
invasive species there...
Mr. Dorsey: This is not authorizing him to farm next year,
this is.....
Mrs. Murphy: No, tonight was just clearing.
Mr. Dorsey: Alright, I’m sorry.
Library Handicapped Parking
President Greenbaum: Okay, I assume there is nothing further
right now on the Library Handicapped Parking issue. That
will be addressed, I guess, probably within the very near
future.
Old Flanders Tennis Courts – Auxiliary Parking
President Greenbaum: There was an issue with regard to
the old Flanders tennis courts. There was a proposal. I
know Mr. Buell had |